OIC web page launched to help folk navigate Government’s short-term lets licensing application process

The Council has set up a dedicated web page on the Scottish Government’s new short-term lets licensing regime to try and assist folk through the application process.

The page - www.orkney.gov.uk/slt-licence - contains links to a wealth of information on the Scottish Government legislation, the application process and fees.

After reading the Council’s Guidance you can complete a downloadable form or if you require further information please contact the Short-term Lets Licensing Team at the Council via email or by telephone to 01856873535 extensions 2232 or 2229 and leave a voicemail if officers are not available. An online application form will be ready as soon as possible.

The Scottish Government passed legislation in March this year requiring all local authorities to put in place arrangements for those renting out rooms or properties on a short let basis – for example through Air B&B – to obtain a licence to do so.

The Scottish Government says that the legislation is designed to ensure that rooms or properties meet specific safety standards.

From 1 October 2022 any new operators or hosts must have a licence in place before they can let out the room or property. Existing hosts (those that have operated prior to 1 October 2022) have until 31 March 2023 to apply for a licence and will be able to continue to operate in the meantime.

The Council ran a six-week consultation to gain feedback that would help shape a scheme that would best suit businesses and individuals in Orkney. The consultation was regarding the local policy on temporary exemptions and fees rather than the need for a licence – that, alongside mandatory conditions attached to the licence, are set in law by the Scottish Government.

The mandatory licence conditions include provisions such as only the person named on the licence carrying out the day to day management of the property, adequate fire and carbon monoxide detection systems being in place, and the number of guests residing on the premises not exceeding the number specified in the licence.

Through the legislation the Council could have imposed additional conditions – but chose not to.

Who will require a licence?

In simple terms, you are likely to need a licence if you provide residential accommodation as a host to a guest in exchange for payment, and the guest does not use the accommodation as their only or principal home. If you are unsure, you should first check the definition of short-term let in Section 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022. You may also find it useful to read the Scottish Government’s Guidance for Hosts and Operators.

For more information and a list of exclusions please see Scottish Government Guidance.

The Council’s Corporate Director for Strategy, Performance and Business Solutions, Karen Greaves, said: “The Council was required to introduce this scheme because it is now law. The rationale for the legislation is to ensure that all premises used for short-term lets are safe, and that the people operating them are suitable.

“We are grateful to people who took the time to respond to the consultation. We took on board the feedback and acted upon it, for example keeping conditions to a minimum and introducing the maximum three-year period for the licences.

“Our teams have been working hard to ensure we have the scheme in place and ready to go from 1 October as required. We hope that the dedicated web page is helpful to all in navigating the application process and we are here to help for those who are finding it difficult.”

Further guidance is also available from Visit Scotland and Destination Orkney.

Keep an eye on our OIC Updates social media page for updates and reminders.