Short Term Lets Licence

As a licensing authority, Moray Council established a new short-term let licensing scheme under The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 as amended (“the Order”). The aims of the licensing scheme are to ensure all short-term let premises in Scotland are safe; to facilitate Scottish licensing authorities in knowing and understanding what is happening in their area and to assist with handling complaints and effectively address issues faced by neighbours.

From 1 October 2022, hosts/operators need a licence from us to use accommodation for short-term letting in Moray.  Hosts/operators can advertise but cannot take bookings or receive guests until a licence has been granted for the accommodation.

If a licence application was made to us before 1 October 2023 and the accommodation was being used for short-term letting before 1 October 2022, the host/operator can continue trading (by taking bookings and receiving guests) unless their application has been determined and refused by us.

What is a short-term let?

A short-term let is defined in the Order as the use of residential accommodation provided by a host in the course of business to a guest where all of the following criteria are met:-

  • • the guest does not use the accommodation as their only or principal home,
  • • the short-term let is entered into for commercial consideration,
  • the guest is not:-
    • an immediate family member of the host,
    • sharing the accommodation with the host for the principal purpose of advancing the guest’s education as part of an arrangement made or approved by a school, college, or further or higher educational institution, or
    • an owner or part owner of the accommodation,
  • the accommodation is not provided for the principal purposes of facilitating the provision of work or services by the guest to the host or to another member of the host’s household,
  • the accommodation is not excluded accommodation, and
  • the short-term let does not constitute an excluded tenancy.

Types of short-term let licences

  • Secondary letting – means the letting of accommodation where you do not normally live.
  • Home letting – means using all or part of your own accommodation for short-term lets whilst you are absent, e.g. while you are on holiday.
  • Home sharing – means using all or part of your own accommodation for short-term lets whilst you are there.
  • Home letting and home sharing – means you operate short-term lets from your accommodation while you are living there and also for periods when you are absent.
  • Temporary Exemptions - we will not be granting temporary exemptions under any circumstances. This position will be reviewed on or before 1 October 2025.
  • Temporary Licence - we may grant a temporary licence for a duration of up to six weeks. An application for a temporary licence is still subject to the legislative mandatory conditions and consultation set out below.

A separate licence will be needed in respect of each short-term let accommodation, whether or not they are all in the Moray area.

The Scottish Government has published a tool here which can be used to check whether or not you need a licence and which type of licence you require.

Short-term let licence related applications

  • Provisional Short-term Let Licence – we may grant a provisional short-term let licence in respect of premises that are yet to be, or are in the course of being constructed for use as a short-term let.  A provisional licence is of no effect unless and until it is confirmed.
  • Confirmation of a Provisional Short-term Let Licence – a provisional licence holder may apply to have their provisional short-term let licence confirmed.
  • Transfer Licence – a short-term let licence holder may apply to transfer their licence to another person (transferee).

Short-term let licence conditions

Every short-term let in Scotland needs to comply with the mandatory conditions set out in the Order. These conditions relate to safety. You can see a full list of the mandatory licence conditions here.

At this time, we will not be imposing any additional conditions to all short-term let licences. This position will be kept under review on a regular basis therefore may be subject to change. Should we choose to impose additional conditions to short-term let licences, we will publish our conditions.

Applying for a Short-term Let Licence

Short-term let licence -  Apply online

Temporary short-term let licence - Apply online

Alternatively, a Word version of the application documents are available here:-

Provisional short-term let licence

Application Form   Guidance Notes

Confirmation of a provisional short-term let licence

Application Form   Guidance Notes

Transfer of a short-term let licence

Application Form    Guidance Notes    

All Word applications should be emailed to licensing@moray.gov.uk or posted with supporting documents to Moray Council Licensing Team, Council Offices, High Street, Elgin, IV30 1BX.

Full payment of the application fee should be made at the same time as the completed application is submitted to the Council.  A schedule setting out all Council fees relevant to short-term let licences can be found here.

The application fee can be paid online, by telephone or by cheque made payable to The Moray Council. You can find more information about how to pay your licence fee here.

Please note, an application will not be processed until all necessary information has been provided and the fee paid.  Unless and until a valid application is received, the application will not be considered to have been made at all.

What happens to my application for a short-term let licence?

You can find a copy of our short-term lets licensing scheme process here.

You can track the progress of all short-term let licence applications by viewing our Public Register.

We will determine whether an applicant is a fit and proper person to be the holder of a licence for short-term lets in Moray.  All those named on the application form is subject to the fit and proper person test.

Every licence application will require consultation with Police Scotland, the Scottish Fire and Rescue Service as well as the Council’s Environmental Health, Planning and Building Standards Services.

How long does the Council have to determine my application?

We have 12 months (beginning on receipt of a valid application) to determine applications from existing hosts/operators who made an application for a short-term let licence before 1 October 2023.

In all other cases, we have 9 months from the date a valid application is made to us to consider and ultimately determine each application.

Although we have the above timescales to determine applications by law, we aim to deal with all applications as soon as possible.

More Information

Frequently Asked Questions (FAQs)

Scottish Government Guidance for hosts and operators

If you have any other questions about short-term let licences, not covered in our FAQs or Scottish Government Guidance, you can email them to licensing@moray.gov.uk.

Planning Permission

You may require planning permission to change a flat or a dwelling house to short-term commercial visitor accommodation or, obtain a certificate of lawfulness (existing or proposed) confirming you do not need planning permission. Obtaining planning permission or a certificate can take some time and will involve a separate fee.

You must check whether you need planning permission before you apply for a short-term let licence. You can do this here. If you do need planning permission, you must apply for this before you make an application for a short-term let licence.

If applying for a provisional short-term let licence or to confirm a provisional short-term let licence you will need the relevant Planning Certificate(s) to accompany your licence application. This involves a separate fee payable directly to the Planning Service.  

Provisional Planning Certificate/Planning Certificate Application form

Building Warrant

You may require a building warrant for your premises. A building warrant is normally required if you intend to erect, alter, extend, demolish or change the use of any building. A building warrant gives you permission for the design and construction of the work and includes things like fire protection, and escape, drainage, energy conservation and safety and wellbeing of occupants. Building regulations make sure that the work meets minimum standards. You can find more information about building warrants here.

If applying to confirm a provisional short-term let licence you will need the relevant Building Standards Certificate to accompany your licence application which involves a separate fee payable directly to the Building Standards Service.

Building Standards Certificate Application form

Private Water Supplies

If your premises has a private water supply, you need to comply with the requirements on the owners of private dwellings set out in the Water Intended for Human Consumption (Private Supplies)(Scotland) Regulations 2017. You must check your responsibilities and take any action necessary under the 2017 Regulations, for example, obtaining a satisfactory water sample, before you apply for a short-term let licence. Obtaining satisfactory water samples can take some time and will involve separate charges. You can find more information and guidance about private water supplies here.

Data Processing

The Council’s normal data processing notice applies. The Council follows a statutory process for licence applications and sharing data (including any sensitive personal data) both internally and externally is a necessary part of that process. Internal agencies are other Council services e.g. Planning, Building Standards and Environmental Health. External agencies include Police Scotland, the Scottish Fire & Rescue Service and the public. Consultation on a licence application will include the exchange of personal information and sensitive personal information where necessary as part of the statutory process. Reports will be received by post and/or a secure method of electronic exchange. The Council will retain electronic and paper records in accordance with their records management procedures. Data subjects will have the right of access to personal data under data protection legislation. By applying for the licence you agree to all consultations as described.

Complaints

Guests - If you are a guest and want to complain, you should raise your complaint with the host/operator, letting agency or platform in the first instance. If after doing so, you remain unsatisfied or the issue is sufficiently grave, you may contact us.

Licensed premises - Complaints about hosts/operators will be considered under powers in the Act (for example from neighbours). We will try to resolve a complaint through engagement with the host/operator in the first instance. If this is not successful, then we will use the procedures under the Act.

We can consider matters relating to the suitability of the licence holder, threats to public safety or public order or whether a condition of the licence has been contravened. These issues would include a host/operator exceeding the number of people staying at the premises, serious disturbance or antisocial behaviour or concerns about the maintenance and safety of the premises.

If a letting agency or platform has concerns about a breach of licence conditions for premises located in Moray (e.g. bookings being taken for numbers of guests that exceed the maximum occupancy), they are expected to report these to us.

Complaints can be directed to licensing@moray.gov.uk and will be acknowledged within five working days.

We will not consider complaints in relation to the quality of a guest’s stay or specific contractual matters between the guest and the host/operator as this is outside the scope of the licensing scheme.

Suspected Unlicensed Hosts/Operators

Unlicensed, unlawful trading is a matter for Police Scotland. Complaints about suspected unlicensed hosts/operators should be directed to Police Scotland. It is not an emergency so it is suitable for the 101 service. Should the Council receive complaints about unlicensed, unlawful trading then we will pass the information to Police Scotland.

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