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Short term lets licensing
If you offer short-term lets in Scotland, you need a licence before you can accept bookings or welcome guests. This has been a legal requirement since 1 October 2022.
How to apply
Before you apply, it's worth reading our guidance so you know what information and documents you'll need, this can save you time later.
To apply, you'll need to:
- read our Guidance Notes
- complete the application form
- pay the application fee
- provide floor and location plans (see Annex C of our Guidance)
- complete a Declaration by Owners, if required (see Annex D of our Guidance)
- confirm you meet the mandatory licence conditions using the Checklist, part of the application form
- complete a separate Fire Safety Checklist for the Scottish Fire and Rescue Service
You'll also need to display a notice at your premises to let passers-by know you're applying for a licence. There's a 28-day objection period for this, don't display the notice until we ask you to.
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Related resources
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Short Term Lets FAQs
This document contains frequently asked questions about Orkney Islands Council’s short-term lets licensing scheme. It explains who needs a licence, application deadlines, licence lengths and exemptions, including rules for rooms, caravans and multiple properties. It also covers notice and objection periods and confirms that a court ruling about Edinburgh’s scheme does not affect Orkney.
Please be aware that this summary has been generated using AI.
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Short Term Lets Licensing Guidance Notes
This document contains Orkney Islands Council’s guidance on licensing short-term lets under Scottish law. It explains who needs a licence, how to apply or renew, planning and fire safety requirements, required documents, public notices, fees and application timescales. It also sets out licence conditions covering safety, repairs, occupancy, insurance, advertising and guest information, along with offences, appeals, transfers and exemptions.
Please be aware that this summary has been generated using AI.
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Short Term Lets Licence Application/Renewal Form
This document contains the Orkney Islands Council application form for granting, renewing, transferring or obtaining a provisional short-term let licence. It asks for applicant, business, property, ownership, management, guest capacity, licence history and conviction details. Applicants must confirm safety, repair, fire, gas, electrical and water standards, and provide supporting documents such as floor plans, fire safety checks and insurance details. The form must be signed, paid for and submitted with the required documents.
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Short Term Lets Floor Plans (Annex C)
This document contains guidance on the floor plans required for short-term let licence applications, including temporary licences. Plans must show the premises, access and escape routes, fire and carbon monoxide safety equipment, stairs or lifts, accessible guest accommodation, sleeping rooms and maximum occupancy. It explains suggested drawing scales, when professional plans may be needed, and that existing plans can be used if accurate and complete. Applicants must submit the plans themselves, preferably electronically, and can email the Licensing Team for advice.
Please be aware that this summary has been generated using AI.
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Short Term Lets Owners Declaration (Annex D)
This document contains an owner declaration form for a short-term let licence application in Orkney. All property owners must confirm they know about and agree to the application, then provide their signatures, names, addresses and dates; joint owners can use the additional section or a separate declaration.
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Short Term Lets Mandatory Conditions Checklist (Annex E)
This document contains a checklist for short-term let licence applications to Orkney Islands Council. It covers required supporting documents, licence type, ownership and management details, occupancy, repairing standards, fire, gas, electrical and water safety, energy performance certificates, planning permission, guest information, insurance, advertising, fees and truthful information.
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Short Term Lets Notice for Display (Annex F)
This document contains a site notice template for new or renewed short-term let licence applications in Orkney. It provides spaces for the application date, licence type, premises, applicant and manager details. Objections or representations must be written, signed and sent to the Head of Corporate Governance within 28 days, while the notice must be displayed at or near the premises for 21 days.
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Short Term Lets Display Notice Compliance Certificate (Annex G)
This document contains a confirmation form for short-term let licence applicants in Orkney. It records where and when the required site notice was displayed for 21 days, any steps taken if it was removed or damaged, or why it could not be displayed due to lack of access rights. Applicants must sign and return the form to the Head of Corporate Governance, Orkney Islands Council, preferably within 25 days of displaying the notice.
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Short Term Lets Fire Safety Checklist
This document contains a fire safety checklist for short-term let licensing. It covers the premises profile, escape routes, risk assessments, doors and exits, firefighting equipment, fire detection, emergency lighting, evacuation information and fire safety records. The dutyholder must answer each question accurately, confirm their legal responsibilities and ensure the checklist and supporting records are available for inspection.
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Short Term Lets Temporary Exemptions Policy
This document contains Orkney Islands Council’s policy on temporary exemptions from short-term let licensing for 1 October 2025 to 30 September 2028. It explains the legal rules, including that exemptions could last up to six weeks in any 12-month period, but confirms the Council will not grant them. The Council says applicants would still face safety requirements, costs and fees, making a short exemption unlikely to be worthwhile. The policy will be reviewed and includes a glossary of relevant terms.
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Short Term Lets Licence Objection Representation Form
This document contains guidance on objecting to or making representations about short-term let licence applications, including the main legal grounds for refusal. It explains that submissions must be written, signed, include the sender’s details and normally be made within 28 days of the public notice. It also outlines the Licensing Committee hearing process and provides a form for submitting an objection or representation, along with Council contact details.
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Short Term Lets Complaint Form
This document contains guidance and a complaint form for concerns about short-term lets in Orkney. It explains how complaints are assessed, when the Council may issue an enforcement notice or suspend or revoke a licence, and how complaints are handled. It also provides information on checking whether a property is licensed, contacting the Short-term Lets Licensing Team and submitting supporting evidence.
Please be aware that this summary has been generated using AI.
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Renewing your licence
If you want to keep offering short-term lets after your licence expires, you'll need to apply to renew it before that happens. The process is the same as a new application, and you can apply at any time before your licence expires.
You'll need an up-to-date Fire Safety Checklist and a completed application form, including the Mandatory Conditions. You don't need to resubmit your floor and location plans unless they've changed. If ownership of the property has changed, you'll need to complete a new Owner's Declaration (Annex D).
As with a new application, you'll need to display a site notice, this time for 21 days, we'll tell you when to do this. There's a 28-day consultation period.
If your licence expires before we've made a decision on your renewal, you can continue offering short-term lets until we do, provided you applied before it expired. If your licence lapses before you apply, any application after that point will be treated as new, not a renewal.
Provisional licences and licence transfers
Rules on provisional licences and transferring a short-term let licence changed under the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024, in place since 30 August 2024.
Reporting unlicensed lets
Unlicensed short-term letting is a matter for Police Scotland. If you suspect a host or operator is trading without a licence, report it to Police Scotland on 101, this isn't an emergency service matter. If we receive a complaint about unlicensed trading, we'll pass it on to Police Scotland.
Fees
The first £275 of any licence application fee is non-refundable.
Secondary letting
| Licence type (3 years) | Standard fee | Non-linked isles fee |
|---|---|---|
| Up to 4 occupants | £354.00 | £266.00 |
| 5 to 9 occupants | £434.00 | £326.00 |
| 10 or more occupants | £583.00 | £437.00 |
Home sharing and home letting
| Licence type (3 years) | Standard fee | Non-linked isles fee |
|---|---|---|
| Up to 4 occupants | £275.00 | £206.00 |
| 5 to 9 occupants | £343.00 | £257.00 |
| 10 or more occupants | £457.00 | £343.00 |
Material change in premises - Secondary letting
| Occupancy | Standard fee | Non-linked isles fee |
|---|---|---|
| Up to 4 occupants | £354.00 | £266.00 |
| 5 to 9 occupants | £434.00 | £326.00 |
| 10 or more occupants | £583.00 | £437.00 |
Material change in premises - Home sharing and home letting
| Occupancy | Standard fee | Non-linked isles fee |
|---|---|---|
| Up to 4 occupants | £275.00 | £206.00 |
| 5 to 9 occupants | £343.00 | £257.00 |
| 10 or more occupants | £457.00 | £343.00 |
General fees
| Fee type | Standard fee | Non-linked isles fee |
|---|---|---|
| Transfer of licence (remaining portion of current licence) | £138.00 | £103.00 |
| Provisional licence | 20% of applicable fee | 25% discount on applicable fee |
| Confirmation of licence | 80% of applicable fee | 25% discount on applicable fee |
| Temporary licence (maximum 6 weeks) | £275.00 | £206.00 |
| Material change of circumstances | £86.00 | £86.00 |
| Material change of circumstances - name change only | £34.30 | £34.30 |
| Certified duplicate or true copy licence, or true copy of register entry | £138.00 | £138.00 |
| Simple replacement or copy licence, or register information | £34.30 | £34.30 |