The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022

[F1 Provisional licences S

9A.   After paragraph 7, insert—

“Provisional Short-term Let Licences

7A.— (1) A short-term let licence application may be made in relation to any premises despite the fact that, at the time the application is made, the premises are yet to be, or are in the course of being, constructed for use as a short-term let.

(2) A short-term let licence application in respect of any such premises is referred to in this paragraph and paragraph 7B as a “provisional short-term let licence application”.

(3) A short-term let licence issued in respect of any such premises and which has not been confirmed in accordance with paragraph 7B is referred to in this paragraph and paragraph 7B as a “provisional short-term let licence”.

(4) A provisional short-term let licence is of no effect unless and until it is confirmed by the licensing authority which issued it in accordance with paragraph 7B.

(5) A provisional short-term let licence application must be accompanied by a provisional planning certificate in respect of the premises.

(6) A provisional short-term let licence is treated as revoked if it is not confirmed within 3 years after the date on which it was issued.

(7) On the application of the holder of a provisional short-term let licence, the licensing authority which issued the licence may, where sub-paragraph (8) applies, extend the period mentioned in sub-paragraph (6) by such period as that authority considers appropriate.

(8) This sub-paragraph applies where the licensing authority is satisfied that—

(a) completion of the construction of the premises to which the licence relates has been delayed, and

(b) the delay has been caused by factors outwith the provisional short-term let licence holder’s control.

(9) A provisional planning certificate is a certificate signed on behalf of the appropriate authority and stating—

(a) that planning permission, planning permission in principle or outline planning permission under the Town and Country Planning (Scotland) Act 1997 has been obtained in respect of the construction of the premises, or

(b) that no such planning permission is required.

(10) In this paragraph, “construct” has the same meaning as it has for the purposes of section 56 of the Building (Scotland) Act 2003.

Confirmation of provisional short-term let licence

7B.— (1) The holder of a provisional short-term let licence may apply to the licensing authority which issued the provisional licence for confirmation of the licence.

(2) An application under sub-paragraph (1) must be accompanied by—

(a) the provisional short-term let licence,

(b) if the provisional planning certificate which accompanied the provisional premises licence application in respect of the premises consisted of outline planning permission or planning permission in principle, a planning certificate,

(c) a building standards certificate, and

(d) such other information as the licensing authority may reasonably require.

(3) Where a licensing authority receives an application under sub-paragraph (1), the authority must, where sub-paragraph (4) applies, confirm the licence.

(4) This sub-paragraph applies where the licensing authority is satisfied that, following the construction of the premises, the applicant would be able to secure compliance with—

(a) the mandatory licence conditions, and

(b) the standard conditions and any further conditions under paragraph 5(1A)(b) to which the licence is to be subject.

(5) A “planning certificate” is a certificate signed on behalf of the appropriate authority and stating—

(a) that planning permission under the Town and Country Planning (Scotland) Act 1997 in respect of any development of the subject premises in connection with their proposed use as a short-term let has been obtained, or

(b) that no such planning permission is required.

(6) A “building standards certificate” is a certificate signed on behalf of the appropriate authority and stating—

(a) that a completion certificate has been accepted under section 18 of the 2003 Act in respect of any construction of the subject premises in connection with their proposed use as a short-term let,

(b) that permission for the temporary occupation or use of the premises has been granted under section 21(3) of the 2003 Act, or

(c) that no such completion certificate or permission is required.

(7) In this paragraph—

“the 2003 Act” means the Building (Scotland) Act 2003,

“appropriate authority” means—

(a)

in relation to a planning certificate or provisional planning certificate, the planning authority (within the meaning of the Town and Country Planning (Scotland) Act 1997) for the area in which the subject premises are situated,

(b)

in relation to a building standards certificate, the local authority for that area.”]

Textual Amendments

F1 Sch. 2 para. 9A inserted (30.8.2024) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024 (S.S.I. 2024/227), arts. 1(1), 2(7)