Short-term lets licencing – how’s it going?
- claritysafety
- Nov 24, 2023
- 4 min read
After a delayed start, the short term let licencing scheme is now fully in force.
A recap
Existing lettings who wished to continue offering guest accommodation whilst their application was in progress, had until 1st October 2023 to apply. Those applying for a licence for a new letting could not legally accept paying guests until their licence was approved.
Now – in the period post 1 October – all applicants should wait until their licence is approved before hosting paying guests.
Our experience
Over the last year, Clarity Safety Solutions has helped a large number of clients with their short term letting application. In some cases that was limited to fire and legionella risk assessment, in others we produced floor plans, area drawings, completed fire questionnaires, collated certifications and submitted the application on behalf of our clients. We were so busy prior to 1st October that we closed the books on new commissions for a while.
Our work took us to Islay, Mull, Colonsay and the full length of Argyll. We developed a good working relationship with Fire Scotland, whilst both they and ourselves got to grips with how to manage fire safety in properties where the escape route was via a kitchen or lounge. It was an interesting journey and no doubt it’s not finished yet, as we expect clearer guidance on open-plan layouts at some point in the future.
Here are a few tips for those awaiting their licence:
If you apply for a licence for a new letting, your application is being prioritised by Argyll and Bute Council, but as I write this (in November 2023) it’s taking several months.
The licence team have one of the hardest jobs in the Council. If you phone in with a query, be patient. They’re learning too, and they will try to help you as best they can.
The backlog of applications to be processed is long. Provided you have your 12 digit application reference number for your existing letting and you applied before 1 October, you can do no more. Rumours are 1 to 2 years for these all to be processed – unsubstantiated – but there are certainly tens of thousands to process and a small team of staff.
If you applied with some gaps in your documentation, when the Council catches up with you you’ll have a maximum of 4 weeks to provide the up to date and correct documentation e.g. PAT test report, fire risk assessment. If you know about those gaps, don’t leave it until you are asked – 4 weeks is not much time in Argyll to get a reliable contractor on site.
If you provided a safety or insurance document which expires before the application is evaluated you will be asked to update it. So check your dates on electrical, gas safety, legionella risk assessments etc. and ensure you are ready to provide a renewed document. You could even send it proactively and save them asking for it.
Your Portable Appliance Test (PAT) certificate will be rejected if it does not include recommended retest dates. Go back to your electrician now if it doesn’t and get an updated document.
If your risk assessments and safety certifications have recommendations for action within them, implement them. A delay in the licence process gives you some breathing space but it also means that you’ve had time to fix defects, and the fire officer and others will expect to see progress.
When it’s determined that you have submitted everything needed, the Council will email you to let you know it’s going out to statutory consultees and also there’s a public notice on the website where objections and comments can be left. They’ll tell you about any objections and give an opportunity to respond.
It seems that all premises subject to an application will receive a fire officer visit.
We don’t yet know how Argyll and Bute will deal with applications concerning flats where there is shared access. Some applicants have received a licence but with a condition saying they may need to apply for planning permission. Others have received nothing yet.
The Council is taking legal advice on the question of whether some properties’ Title Deeds prevent them being licenced. We are awaiting news.
A few things we found out along the way are:
Those with multiple units on a site usually have to apply for each one individually. Exceptions are few.
There is an exemption from the need for an Energy performance certificate (EPC) for stand alone purpose built self catering properties less than 50 square metres in floor area.
Guest houses are also exempt from the EPC requirement.
Warning. The above tips and advice are based on experience, but within a rapidly changing field so I cannot guarantee you will find this all to be true in a month’s time. Check with the Council’s regulatory services team before relying heavily on any of the above information.
If you would like help with completing a legionella or fire risk assessment in support of your application, Clarity Safety Solutions is ready to help. You may for example have put in a DIY fire risk assessment but now doubt it’s good enough.
We also offer formal general risk assessments, or more informal reviews of safety matters to help you to make your premises safe for guests.
I hope you found this article helpful. If you have any questions, please ask. And any additional information you can contribute to help us understand this changing picture will be gratefully received.
Reference sources
Comments