Short Term Lets: Consultation on draft Licensing Order and Business and Regulatory Impact Assessment (BRIA)

Closed 13 Aug 2021

Opened 25 Jun 2021

Overview

This consultation seeks views on the Scottish Government's short-term lets draft Licensing Order and Business and Regulatory Impact Assessment (BRIA). The Scottish Government intends to lay the Licensing Order at the Scottish Parliament in September 2021.

Why your views matter

We are committed to ensuring that local authorities have appropriate regulatory powers to balance the needs and concerns of their communities with wider economic and tourism interests.

In April 2019, the Scottish Government launched a first consultation and commissioned independent research into the impact of short-term lets on people and communities.  The 2019 consultation paper set out our understanding of the benefits of, and issues around, short-term lets, the principles that would help to guide our approach, and some proposed approaches to regulation. 

In January 2020, we announced plans to establish a licensing scheme for short-term lets using powers under the Civic Government (Scotland) Act 1982. In September 2020, we launched a second consultation. The 2020 consultation paper set out a definition of short-term lets and detailed proposals to create the licensing scheme and establish control areas.

The purpose of this consultation is to help the Scottish Government ensure that the licensing legislation laid at the Scottish Parliament in September is as efficient and effective as possible.  

We want your help in getting the details right. We are not consulting on whether to implement a licensing scheme nor the broad framework of the approach. For this reason, the response form is narrowly focused on identifying issues and solutions only in relation to the draft Licensing Order and draft Business and Regulatory Impact Assessment (BRIA).

Read the consultation paper. 

What happens next

  1.  

The Scottish Government intends to lay the Licensing Order at the Scottish Parliament in September 2021.  We will also publish finalised guidance in the autumn to assist hosts and operators, platforms, and local authorities in preparing for the scheme to go live.

Subject to the approval of the Scottish Parliament, the Order is expected to come into force on 1 January 2022.  Local authorities now have until 1 October 2022 to open a licensing scheme to receive applications.  This is to give them sufficient time to prepare, allowing them one year from sight of the revised Licensing Order as laid.

Existing hosts and operators will have until 1 April 2023 to submit an application for a licence.  This date remains unchanged.  However, new hosts and operators will require a licence to operate after 1 October 2022.

All short-term lets must have a licence by 1 April 2024

Interests

  • Housing and Regeneration