Legal requirements for short-term let accommodation
The accommodation must meet certain conditions. These are called ‘mandatory conditions’.
If it does not meet the mandatory conditions, you will not be able to get a short-term let licence.
If it falls below the standard while you have a licence, the council can require you to meet the standards. For example, they can add conditions to your licence or give you an enforcement notice.
Meeting mandatory conditions
To meet the mandatory conditions, the accommodation must meet:
- the repairing and tolerable standards
- fire and safety standards
- energy performance standards
- Legionella risk standards
You must have:
- a Gas Safety Certificate dated within the last 12 months
- an Electrical Installation Condition Report on any fixed installations
- a Portable Appliance Testing Report on moveable appliances that guests have access to, with inspected items labelled
- buildings insurance, valid for the duration of your licence
- public liability insurance, valid for the duration of each short-term let agreement
If the accommodation has a private water supply, you must meet certain conditions. Get private water supply guidance on the Drinking Water Quality Regulator website.
The repairing and tolerable standards
The accommodation must meet the repairing standard. This includes the tolerable standards. Get information on the repairing standard on gov.scot.
Fire and safety standards
The accommodation must have adequate heat, smoke and carbon monoxide alarms. Get guidance on fire safety detection on gov.scot.
Furniture and furnishings must meet required safety regulations. You must be able to prove this with labels, receipts or photographs.
Assessing fire safety risks
The person in charge of the accommodation must make sure a fire risk assessment is carried out.
This is to spot risks and to ensure the safety of the people in the accommodation.
Reasonable fire safety measures include:
- reducing risk, for example installing doors that can hold back smoke or fire
- installing smoke alarms in line with the law
- providing fire-fighting equipment, like a fire blanket
- preparing a plan of action that a guest should take if a fire starts
Get guidance on fire safety for small B&Bs and self-catering premises on gov.scot.
Energy Performance Certificates (EPCs)
You need an EPC if you are letting out an entire house or flat.
If you’re letting out different type of accommodation, you may still need one.
If you need an EPC, you must:
- have a valid Energy Performance Certificate (EPC) dated within the last 10 years
- display the EPC rating in all adverts for the accommodation
Get information on when an EPC is required on gov.scot.
Assessing legionella risk
You must assess the accommodation's risk from exposure to Legionella.
Get information on your legionella responsibilities on the Health and Safety Executive website.
Number of guests
You must make sure the number of guests does not exceed the number allowed by your licence.
The local council and the Scottish Fire and Rescue Service decide the maximum number of guests the accommodation can have.
Local council conditions
Local councils can also set extra conditions. They should list any extra conditions on their website.
They may ask you to submit floor plans for the accommodation as part of your licence application. These do not need to be architect plans. These may need to show things like:
- room sizes
- fire escape routes
- accommodation intended for guests with mobility issues
- location of any steps, stairs, elevators or lifts in the accommodation
- boundary of the building, if relevant
The council may also ask to visit the accommodation to do an assessment.
Information you must display in the accommodation
You must make sure the following information is in a place that guests can access:
- certified copy of the licence and licence conditions
- fire, gas and electrical safety information
- details on how to contact emergency services
- copy of gas safety report
- copy of the Electrical Installation Condition Report
- copy of the Portable Appliance Testing Report
- instructions on what to do if the carbon monoxide alarms sounds
- safety instructions for operating and moving any mobile gas cabinet heaters provided