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Back to 'Check if you need a short-term let licence'

Which of the following applies to you?

Will you live in the accommodation as your only or main home?

When will you let out the accommodation?

Members of your immediate family

Immediate family means:

  • your partner – your spouse, civil partner or someone you live with as if you were married
  • you or your partner’s parents or grandparents
  • you or your partner’s child, stepchild, foster child or grandchild
  • you or your partner’s sibling, if they have one parent in common

It also includes the partner of any of those people.

Will the guests be members of your immediate family?

Guest’s only or main home

The guest's only or main home includes if they’ll have:

  • a private tenancy, such as a private residential tenancy
  • a social housing tenancy, such as a Scottish secure tenancy
  • a tenancy of purpose-built student accommodation or student halls
  • an agricultural tenancy, such as a crofting tenancy or modern limited duration tenancy
  • a residential mobile home tenancy

Will the guests live in the accommodation as their only or main home?

Workers and service providers

This means anyone living with you so that they can:

  • work for you or someone you live with
  • provide a service for you or someone you live with

For example, living with you to provide healthcare.

Are the guests workers or service providers while they stay in the accommodation?

Payment

Payment includes:

  • money
  • goods
  • donations
  • a 'home swap' done in the course of business
  • points which can be used to pay for accommodation

Will the guests pay to stay in the accommodation?

Educational reasons

Educational reasons means when both:

  • the guest lives with you when furthering their education
  • it's arranged or approved by a school, college, further or higher educational institution

Will the guest stay with you for educational reasons?

House or flat for residential use

This means:

  • a second home
  • a house or self-contained flat that you normally live in
  • a house or self-contained flat that someone can live in, such as a private tenant

Is the accommodation a house or flat for residential use?

Is the accommodation a self-contained unit on land you own?

For example, a glamping pod in your garden.

Aparthotels

An aparthotel is a building that that:

  • is entirely owned by the same person
  • is managed and operated as a single business
  • has at least 5 serviced apartments
  • has a shared entrance for the apartments

Serviced apartments are a flat or unit where:

  • services are provided to guests, such as housekeeping, reception or laundry
  • washing, cooking and dining are provided within the flat or unit
  • there’s a management system to prevent antisocial behaviour and limit the occupancy to the maximum allowed in the flat or unit

Is the house or flat part of an aparthotel?

Premises licensed for alcohol sales

This means both:

  • the accommodation has a licence for serving alcohol
  • providing accommodation is an activity listed in your licence operating plan 

Is the house or flat a premises licensed for alcohol sales?

Hostel or refuge

A hostel provides residential accommodation and food, or shared facilities to prepare it, other than in a house.

A refuge provides accommodation for people who have been subjected to domestic abuse or violence.

Is the house or flat a hostel or refuge?

Is the house or flat used by shift workers?

This means accommodation you provide an employee so they can do their work.

Health and care accommodation

This includes residential care homes, hospitals and nursing homes.

It also includes guest rooms, including those for guests visiting sheltered housing.

Is the house or flat health and care accommodation?

Is the house or flat educational accommodation?

This includes residential schools, colleges, training centres and purpose-built student accommodation.

Is the house or flat secure residential accommodation?

This includes a prison, young offender institution or detention centre.

Is the accommodation a hotel with planning permission to operate as a hotel?

Aparthotels

An aparthotel is a building that that:

  • is entirely owned by the same person
  • is managed and operated as a single business
  • has at least 5 serviced apartments
  • has a shared entrance for the apartments

Serviced apartments are a flat or unit where:

  • services are provided to guests, such as housekeeping, reception or laundry
  • washing, cooking and dining are provided within the flat or unit
  • there’s a management system to prevent antisocial behaviour and limit the occupancy to the maximum allowed in the flat or unit

Is the accommodation an aparthotel?

Premises licensed for alcohol sales

This means both:

  • the accommodation has a licence for serving alcohol
  • providing accommodation is an activity listed in your licence operating plan 

Is the accommodation a premises licensed for alcohol sales?

Is the accommodation a caravan you provide on a licensed holiday site?

This means a site that is already licenced with the local council for holiday use, and a caravan that is included in the operating plan.

Will guests provide their own accommodation?

For example, the guest will bring their own tent or caravan.

Mobile accommodation

This means accommodation that can transport guests at the time of their stay. For example, a yacht or canal boat.

This does not include something that was previously mobile. For example, a bus that has been converted into fixed accommodation.

Is the accommodation mobile accommodation?

Hostel or refuge

A hostel provides residential accommodation and food, or shared facilities to prepare it, other than in a house.

A refuge provides accommodation for people who have been subjected to domestic abuse or violence.

Is the accommodation a hostel or refuge?

Bothy

A bothy is a building of no more than 2 storeys that:

  • has no mains electricity, piped fuel supply or piped mains water supply
  • is at least 100 metres from the nearest public road and from the nearest habitable building 

Is the accommodation a bothy?

Is the accommodation used by shift workers?

This means accommodation you provide an employee so they can do their work.

Health and care accommodation

This includes residential care homes, hospitals and nursing homes.

It also includes guest rooms, including those for guests visiting sheltered housing.

Is the accommodation health and care accommodation?

Is the accommodation educational accommodation?

This includes residential schools, colleges, training centres and purpose-built student accommodation.

Is the accommodation secure residential accommodation?

This includes a prison, young offender institution or detention centre.

Premises licensed for alcohol sales

This means both:

  • the accommodation has a licence for serving alcohol
  • providing accommodation is an activity listed in your licence operating plan 

Is the accommodation a premises licensed for alcohol sales?

Will guests provide their own accommodation?

For example, the guest will bring their own tent or caravan.

Mobile accommodation

This means accommodation that can transport guests at the time of their stay. For example, a yacht or canal boat.

This does not include something that was previously mobile. For example, a bus that has been converted into fixed accommodation.

Is the accommodation mobile accommodation?

Hostel or refuge

A hostel provides residential accommodation and food, or shared facilities to prepare it, other than in a house.

A refuge provides accommodation for people who have been subjected to domestic abuse or violence.

Is the accommodation a hostel or refuge?

Bothy

A bothy is a building of no more than 2 storeys that:

  • has no mains electricity, piped fuel supply or piped mains water supply
  • is at least 100 metres from the nearest public road and from the nearest habitable building 

Is the accommodation a bothy?

Is the accommodation used by shift workers?

This means accommodation you provide an employee so they can do their work.

Health and care accommodation

This includes residential care homes, hospitals and nursing homes.

It also includes guest rooms, including those for guests visiting sheltered housing.

Is the accommodation health and care accommodation?

Is the accommodation educational accommodation?

This includes residential schools, colleges, training centres and purpose-built student accommodation.

Is the accommodation secure residential accommodation?

This includes a prison, young offender institution or detention centre.

Will you live in the accommodation as your only or main home?

When will you let out the accommodation?

You need a short-term let licence

Type of licence to apply for

What to do now

Contact the local council to apply.

Select the local council

If you do not apply for a licence

It’s a criminal offence to operate a short-term let without a licence:

  • you can be fined up to £2,500
  • you can be banned from applying for a licence for one year
  • you cannot offer lets while you are banned

If you need more information

Check the list of guests and accommodation excluded from the licencing scheme.

You can speak to the local council about licencing and the type of licence you might need.

You can also get legal advice from a solicitor.

You need a short-term let licence

Based on your answers, you need a short-term let licence.

This is because neither the property nor guests are excluded from the licencing scheme.

Type of licence you need

You either need a:

  • secondary licence
  • home letting licence

This is because the accommodation is a self-contained unit on land you own.

Councils can use either licence type. This depends on several factors.

What to do now

Speak to the local council to check which licence you need before you apply.

Select the local council

If you do not apply for a licence

It’s a criminal offence to operate a short-term let without a licence:

  • you can be fined up to £2,500
  • you can be banned from applying for a licence for one year
  • you cannot offer lets while you are banned

If you need more information

Check the list of guests and accommodation exempt from licencing.

You can also get legal advice from a solicitor.

You do not need a short-term let licence

Based on your answers, you do not need a short-term let licence.

If you need more information

Check the list of guests and accommodation excluded from the licencing scheme.

You can speak to the local council about licencing if you’re still unsure.

You can also get legal advice from a solicitor.

Select the local council

It’s not clear whether you need a short-term let licence

Based on your answers, you may meet an exclusion of the licensing scheme.

To confirm whether you need a licence, you can get advice from either the local council or a solicitor.

Get advice from the council

Select the local council

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