Airbnb Laws Edinburgh
The headline term is most likely how you landed on this page. Your searching the term that many hosts fear, that fear is change in the market place and something that you may not be ready for although you have been informed for some time now.
So What Happens Next –
if you’re currently operating a Short Term Letting
After 1 October 2022:
New hosts and operators will need to have a licence. This means that, if you were not using your premises to provide short-term lets before 1 October 2022, you can advertise but not take bookings or receive guests until you have obtained a licence.
Existing hosts/ operators have until 1 April 2023 to apply for a licence if the accommodation the licence is for, was used as a short-term let before 1 October 2022. During this period you can operate without a licence (by continuing to take bookings and receiving guests) unless your licence has been determined, and your application rejected. You will need to be able to prove that you used the property for short-term lets, for example through evidence of bookings and payments, as part of your initial application. After 1 April 2023, existing hosts can only continue to operate if they have:
- a) Submitted an application for a licence on or before 1 April 2023 that has not yet been determined; OR
- b) Been granted a short-term let licence.
On or after 1 October 2022, it is a criminal offence for any person to continue to operate after their licence application has been determined and refused.
All short-term lets in Scotland will need to be licensed by 1 July 2024. On or after 1 July 2024 operating without a licence is unlawful in all cases.
This is summarised in the following table:
Period / Rules for hosts and operators
From 1 October 2022
New hosts must not operate without a licence
Existing hosts can operate without a licence if they used the accommodation as a short-term let before 1 October 2022 (but must continue to comply with existing laws and regulations).
Existing hosts should use this time to make a licence application.
Existing hosts are treated as new hosts when applying for a licence for any accommodation they did not use as short-term let before 1 October 2022.
Existing hosts must cease operating within 28 days if their licence application is refused (guests should be asked to leave immediately if they are at serious risk of harm). Guests with affected bookings should be offered a full refund.
From 1 April 2023
New hosts must not operate without a licence
Existing hosts can operate without a licence for the accommodation that they used as short-term let before 1 October 2022 but only if they have submitted an application and it has not been determined. They should make it clear in their terms and conditions that bookings are conditional on compliance with the licensing scheme..
Existing hosts must cease operating within 28 days if their licence application is refused (guests should be asked to leave immediately if they are at serious risk of harm). Guests with affected bookings should be offered a full refund.
From 1 July 2024
All hosts must have a licence
Any host must cease operating within 28 days if their licence application is refused
Operating without a licence is a criminal offence so it is important to get a licence in good time if you need one.
What are the Fees to Apply for a license
The fees to apply for a Secondary license within Edinburgh City Council starts vary dependent on the number of guests permitted at your property. For example its starting at £653 for 1-3 guests and up to £2,481 for 6-10 guests.
Here is the link to apply for the license https://www.edinburgh.gov.uk/downloads/file/32061/short-term-lets-application-pack
What are the key dates for changes.
Well, if you’re a new host listing a property from October 1st 2022 you must have a license. For hosts or operators with a current property already listed you have until April 1st 2023.
After April 1st 2023 you can only continue to take bookings once you have an application submitted and awaiting approval.
All Short-Term Lettings (STLs) need to have a license by 1st of July 2024. Failure to have this license will be seen as unlawful and can be punishable by a fine of up to £5,000
Temporary Licenses
Temporary licenses are an option for home owners and occupiers who wish to to give first time hosts the opportunity to try out STL, prior to making a full application.
Temporary licences would normally be suitable for the following types of let:
Homeletting; (your looking to short term let your property for a period of time while you are not residing in the property)
Home sharing; or ( your looking to rent out a room(s) in your home while you live here)
Home letting & Home sharing (mixture of both of the above)
It is considered unsuitable for temporary licences to be issued to accommodation used for secondary letting. There will be a rebuttable presumption, as defined in paragraph 2.9 of this policy, against the grant of temporary exemptions in such circumstances.
The fee for temporary licence applications
The fees set out by Edinburgh City Council for a temporary license is £120 per occupant for 12months. So for example if your 2 bedroom flat can host 4 occupants at anyone time then the fee for application would be £480 for 12 months.
Temporary Exemptions
Temporary exemptions can be issued for a specified single continuous period not exceeding 6 weeks in any period of 12 months. The 6 weeks limit on a licence is a maximum, and not a default.
The Council may grant temporary exemptions to the requirement to obtain a STL licence in certain circumstances as set out below:
- During Edinburgh Festival Fringe and Edinburgh International Festival
- During Edinburgh’s Christmas & Hogmanay Festive Period
- For Major Sporting Events
- For Major International Events
Temporary Exemptions will be issued for the following types of let:
- HomeLetting;
- HomeSharing;
- Home Letting and Home Sharing; and
- Secondary Letting
This is possibly the best opportunity a secondary letting will be able to operate in Edinburgh going forward. Based on my observations as of the time of publishing this blog post November 2022.
This would mean that for 6 weeks maximum per year you could operate a Short Term Letting in Edinburgh.
Temporary exemptions will also be subject to the additional licence conditions set out in the Council’s STL Conditions Framework at appendix two. I think its best to review this here
https://www.edinburgh.gov.uk/downloads/file/32060/short-term-lets-policy
Edinburgh City Council Application
https://www.edinburgh.gov.uk/downloads/file/32061/short-term-lets-application-pack
Also, to note lastly that all secondary letting will need a planning certificate. In effect this is a planning permission certificate being issued for a change of use from residential to Short Term Letting on a long term basis.
In short you will need to apply for planning permission firstly for change of use on your residential accommodation to change it to Short Term Letting (secondary letting). The question is will you get it? The answer within a control Area such as Edinburgh is most likely not. If you do get the planning certificate you then must apply for the license as outlined above.
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