Planning Services
If you’re operating a short-term let (STL), understanding your planning obligations is just as important as securing a licence. In some areas, planning permission has become a key barrier to STL compliance, with many applications being refused.
At STL Solutions, we’ve helped hundreds of clients navigate this complex landscape. Here’s what you need to know.
Legal Background and Key Developments
– Pre-2022: Planning was a grey area. Some operators ran STLs for years without formal permission. Enforcement was inconsistent.
– Sept 2022: Edinburgh’s STL Control Area came into force. The change made planning mandatory for secondary lets across the city.
– 2023–2024: Dozens of retrospective planning applications were refused — even for long- established lets — often on amenity or “stairwell” grounds.
– Ongoing: Many appeals have been lodged with the DPEA (Planning Appeals Division). Some have succeeded, even in shared stairs, especially where no demonstrable harm exists. The legal position remains complex, and case-by-case assessment is essential.
Planning Permission and STL Use- FAQs---
Under Scottish planning law, a change of use from residential to short-term commercial letting can require planning permission, but only where such a change of use is material to a property’s planning status. This depends on factors that include:
Frequency and intensity of use
- Type of property (e.g. flat vs detached house)
- Potential impact on neighbours or amenity
- Location and the character of surroundings
Currently, not all STLs are being held to require planning consent, but many are — particularly secondary lets (where you let out an entire property and do not live there).
Since 05th September 2022, the entire City of Edinburgh Council area has been designated as a Short-Term Let Control Area — the first of its kind in Scotland. Following this the ward of Badenoch and Strathspey within the Highland Council area was designated a Control Area on 04th March 2024.
This means that:-
All new secondary short-term lets in these areas now automatically require planning permission, regardless of whether there have been complaints. Home-letting or sharing arrangements, and secondary letting arrangements which were instituted prior to the confirmation of Control Areas are excluded from an automatic requirement for planning permission (but may otherwise still be found to require it).
A licence does not replace the requirement for planning permission. In fact, within a Control Area, licensing conditions demand that planning permission applications are made (where required).
Therefore, even with a licence, you might not be able to operate legally in Edinburgh or Badenoch and Strathspey without planning permission (or an application for planning permission) in place (or a certificate of lawfulness in some cases).
If the use of your property as an STL started after confirmation of the Control Area, and you operate a secondary let (especially in a tenement), you now need either:
- Full Planning Permission,
- Or a robust and detailed application for planning permission,
- Or your licence application could be at risk and your compliance with licensing conditions (non-compliance with which is a criminal offence) called into question.
If the use of your property as an STL started before confirmation of the Control Area or is associated with Home-Letting or Home-Sharing, you may or may not require planning permission. Even Home-Letters and Home-Sharers might invoke licensing conditions requiring that a planning application be made. A Certificate of Lawfulness application can determine if a requirement for planning permission exists. We would recommend speaking with us immediately to ensure you remain compliant and don’t risk committing an offence.
Both authorities are refusing many planning permission applications, even where there is no evidence of harm. However, recent appeal decisions have started to push back against this approach — the legal tide may be turning. There has never been a better time in recent history to frame a carefully constructed and strategically competent application, whether to
Most other councils assess planning on a case-by-case basis. Planning permission may still be required, depending on the character of your property and its use. As with those existing operators in Control Areas, licences (and applications) might be at risk, and offences committed under licensing conditions, if appropriate planning action is not taken by an operator.
STL Solutions can advise based on the attitude of any given local authority and help avoid unnecessary enforcement action.
How STL Solutions Can Help
Planning applications can be daunting — especially with legal uncertainty and hostile council policy. Different Local Authorities have different policies, with each application determined by comparison to a ‘Development Plan.’ Knowledge of exactly how an application will be treated is key to deciding if it is appropriate, recommended, or likely to succeed. We have assisted clients in obtaining planning permission for Short-Term letting, including for flats, and very recent appeal successes show that it is now possible to achieve planning permission in a range of circumstances. This now includes shared-stair flats in Edinburgh.
STL Solutions offers:-
Planning Status Review
We assess whether your property is likely to need permission, and whether it’s achievable.
Planning Applications
We prepare and submit detailed applications, tailored to meet local planning policy.
Certificates of Lawfulness
If your let has been operating for over 10 years, we can help you obtain legal recognition and avoid refusal. We can also demonstrate that certain STL Uses do not require planning permission, even where 10 years have not yet been achieved.
Appeals and Objections
We assist in challenging refusals through local channels or the DPEA, preparing strong appeal submissions.
Legal Advice and Representation
For complex or high-value cases, our experts work with planning solicitors and counsel.
Act Early – Avoid Costly Delays or Refusals
Planning permission is now the single biggest obstacle for short-term lets in Scotland. Don’t wait until enforcement action or licence rejection — speak to STL Solutions today for an honest, expert assessment of your options.