Do I need planning permission for a short-term let?

Short-Term Let Control Areas

West Lothian Council does not currently have any designated short-term let control areas but this is currently under review and, if any are intended, will be subject to the necessary consultations. Any proposed change of use to a short-term let would need to be considered on a case by case basis. 

The Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021 (opens new window) came into force on 1 April 2021. These Regulations enable planning authorities to designate short-term let control areas. Planning Circular 1/2021: Establishing a Short-Term Let Control Area (opens new window) explains the process in detail. Within short-term let control areas, planning permission would usually be required for using a house or other structure for short-term lets.  

Further planning guidance on this matter can be found at the following link : Short term lets: planning guidance for hosts and operators (opens new window)

Planning Permission

Even in the absence of a Short-Term Let Control Area, you may need planning permission or a certificate of lawfulness if the use amounts to a material change of use. This can include when:

• a property is used for second-home letting as a short-term let (secondary letting); or
• the frequency, volume of guests or services provided mean the property no longer functions as a private residence.

In determining whether a short stay accommodation would constitute a change of use, and require planning permission under section 26 of the Town and Country Planning (Scotland) Act 1997, the Planning Authority will take account of:

• The nature of services provided, such as cleaning or laundry;
• The size and context of the property;
• The frequency and duration of short stays; 
• The number of people staying; and.
• Any other relevant planning considerations

Short-term let licensing scheme

In addition to planning requirements, West Lothian Council has established a short-term lets licensing scheme in 2022. More information is available on our short-term lets licensing scheme webpage.

The Council's STL policy states: before we will accept or consider an application for a short-term let licence, you must provide one of the following:

• planning permission or a certificate of lawfulness for use as a short-term let; or
• written confirmation from Planning Services that planning permission is not required.

If you apply for planning permission and it is refused, you cannot proceed with a licence application until the matter is resolved (for example by seeking a new permission or appeal).

What to do if you think a short-term let is being operated without planning permission

If you have reason to believe that a short-term let requires planning permission and this has not been obtained, you can report this to the Council's Planning Enforcement Team by visiting our planning enforcement page and reporting a breach on-line.