Development of Tourism and Regulation of Visitor Accommodation (Wales) Act 2026

Prospective

CHAPTER 2 E+W LICENSING

Licences and licence conditions E+W

14 Visitor accommodation licences‍ E+W

(1) For the purposes of this Act, a “visitor accommodation licence”—

(a) means a licence granted by the Welsh Ministers, under section 20, in respect of premises at which a visitor accommodation provider (“VAP”) provides or offers to provide regulated visitor accommodation, and

(b) includes a licence granted by the Welsh Ministers under section 27 (provisional licences) except so far as—

(i) express provision is made to the contrary, or

(ii) the context requires otherwise.

(2) Nothing in this Chapter prevents two or more visitor accommodation licences having effect concurrently in respect of the whole or a part of the same premises.

(3) Schedule 2 makes amendments to the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) in connection with this Chapter.

Commencement Information

I1 S. 14 in force at 4.3.2030, see s. 61(2)(b)

15 Licence conditions: general E+W

(1) A visitor accommodation licence must be granted subject to—

(a) the licence conditions set out in subsection (3);

(b) such further licence conditions as may be prescribed by the Welsh Ministers in accordance with section 17‍ (so far as applicable).‍

(2) But see also section 27 in relation to the licence conditions subject to which provisional visitor accommodation licences must be granted.

(3) The conditions are—

(a) that—

(i) the visitor accommodation provider (“VAP”) to which the licence is granted is registered in respect of the premises to which the licence relates, and

(ii) that registration is in relation to the regulated visitor accommodation to which the licence relates;

(b) tha‍t the VAP has completed the applicable visitor accommodation provider training (see section 16);

(c) that—

(i) in so far as they apply in respect of the premises, the specific fitness standards (see section 8) are met, and

(ii) the general fitness standard (see section 7) is met in respect of the premises during any period in which a visitor is entitled to reside in or at the accommodation;

(d) that the VAP takes all reasonable steps, in relation to the provision of visitor accommodation at the premises—

(i) to prevent conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in the locality of the premises, and

(ii) to prevent such conduct, where it occurs, causing the nuisance or annoyance;

(e) that the VAP takes all reasonable steps to ensure that prior to any period in which a visitor is entitled to reside in or at the accommodation, the visitor is provided with—

(i) a copy of the licence certificate, and

(ii) the statement of information (see section 22);

(f) that the VAP ensures that there is a copy of the licence certificate accessible at the premises in paper or electronic form at any time when a visitor is entitled to reside in or at the accommodation.

(4) For the purposes of subsection (3)‍—

(a) references to‍ “the premises” have the same meaning as in section 6(4)‍;

(b) the condition in subsection (3)(d) applies only in relation to the provision of regulated visitor accommodation of the description referred to in section 5(1)(a);

(c) the reference in subsection (3)(d) to preventing conduct capable of causing nuisance or annoyance is limited to preventing conduct—

(i) foreseeable to the VAP or that ought to be foreseeable to the VAP, and

(ii) that is practicable to prevent.

(5) For the purposes of this Chapter, article 43 of the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) (suspension of terms and conditions of licence) does not apply in relation to any condition or approval requirement (see section 19) imposed in relation to a visitor accommodation licence.‍

Commencement Information

I2 S. 15 in force at 4.3.2030, see s. 61(2)(b)

16 Licence conditions: visitor accommodation provider training‍ E+W

(1) This section makes provision about the visitor accommodation provider training that applies for the purposes of—

(a) the condition referred to in section 15(3)(b), and

(b) the approval requirement referred to in section 19(2)(b).

(2) The Welsh Ministers must by regulations prescribe the training a VAP must complete in relation to—

(a) the licence conditions referred to in section‍ 15(1);

(b) the content of‍ any code of practice issued by the Welsh Ministers under section 3;

(c) such other matters connected to the regulation of visitor accommodation under‍ Parts 3 to 5 of this Act (or by regulations made under those Parts) as the Welsh Ministers consider appropriate.

(3) Regulations under subsection (2) may—

(a) make different provision in relation to the provision of different descriptions of regulated visitor accommodation or different descriptions of premises;

(b) make different provision in relation to different descriptions of VAP (including in relation to corporate and non-corporate entities);

(c) provide for circumstances in which training is not required to be completed.

(4) Regulations under subsection (2) may also make provision—

(a) in connection with training being provided only—

(i) by the Welsh Ministers, or

(ii) by persons authorised by the Welsh Ministers;

(b) specifying fees that may be charged or a method for determining fees that may be charged—

(i) by the Welsh Ministers, or persons authorised by the Welsh Ministers, for providing training;

(ii) by the Welsh Ministers for authorising a person to provide training.

(5) Before making regulations under this section, the Welsh Ministers must consult any persons they consider appropriate.

Commencement Information

I3 S. 16 in force at 5.3.2029, see s. 61(2)(a)

17 Licence conditions: further conditions E+W

(1) The Welsh Ministers may in accordance with subsections (2) and (3) make regulations prescribing further conditions that are to apply to a visitor accommodation licence.

(2) Regulations under subsection (1) may prescribe such conditions as the Welsh Ministers consider appropriate for the purposes of—

(a) maintaining or improving the standard of visitor accommodation in Wales;

(b) maintaining or enhancing the amenity of premises at which visitor accommodation is provided or the amenity of the land upon which those premises are situated;

(c) promoting tourism in Wales.

(3) Regulations under subsection (1) may prescribe a condition by reference to—

(a) a description of premises in respect of which the condition applies;

(b) a description of regulated visitor accommodation in respect of which the condition applies;

(c) the nature or content of the contracts under which a description of regulated visitor accommodation is provided at the premises pursuant to the licence;

(d) the description of VAP to which the licence is granted;

(e) a description of person to which visitor accommodation is provided at the premises pursuant to the licence;

(f) any other matter that the Welsh Ministers consider appropriate.

(4) Regulations under subsection (1)‍—

(a) must make provision about the application of any conditions prescribed by the regulations to licences granted (or renewed) prior to the coming into force of those conditions;

(b) may amend this Act for any purpose connected to conditions being prescribed under this section.

(5) Before making regulations under subsection (1) the Welsh Ministers must consult any persons they consider appropriate.

(6) But the requirement under subsection (5) does not apply to regulations that—

(a) amend regulations previously made under subsection (1), and

(b) do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended.

Commencement Information

I4 S. 17 in force at 4.3.2030, see s. 61(2)(b)

Licence applications: procedure E+W

18 Licence applications: general E+W

(1) A VAP that intends to provide, or offer to provide, regulated visitor accommodation at premise‍s in respect of which the VAP is registered may apply to the Welsh Ministers for a visitor accommodation licence in respect of those premises.

(2) But for the purpose of subsection (1) “a visitor accommodation licence” does not include a provisional visitor accommodation licence (see section 27).

(3) An application under subsection (1) must—

(a) be in such form, and made in such manner, as the Welsh Ministers may specify;

(b) be accompanied by such fee as the Welsh Ministers may prescribe by regulations under section 35(1) in connection with their functions under section 20 (determination of applications).

(4) An application under subsection (1) must contain such information as the Welsh Ministers may specify about—

(a) the premises to which the application relates;

(b) the regulated visitor accommodation to be provided (or offered) at the premises pursuant to the licence;

(c) whether the approval requirements are met in relation to the application;

(d) any other matter the Welsh Ministers consider necessary or expedient in connection with their functions under‍ Parts 3 to 5 of this Act or under regulations made under Parts 3 to 5 of this Act.‍

Commencement Information

I5 S. 18 in force at 4.3.2030, see s. 61(2)(b)

19 Licence applications: approval requirements E+W

(1) This section makes provision about the requirements to be met in relation to an application by a VAP for a visitor accommodation licence (“the approval requirements”) (but see also section 27 which makes further provision about approval requirements in relation to applications for provisional licences).

(2) The approval requirements are—

(a) that—

(i) the VAP is registered in respect of the premises to which the application relates, and

(ii) that registration is in relation to the regulated visitor accommodation to which the licence relates;

(b) that the VAP has completed the applicable visitor accommodation provider training (see section 16);

(c) that—

(i) in so far as they apply in respect of the premises, the specific fitness standards (see section 8) are met,

(ii) the premises appear to offer adequate and appropriate amenity to visitors, and

(iii) the general fitness standard (see section 7) is likely to be met in respect of the premises during any period in which a visitor is entitled to reside in or at the accommodation.

(3) The Welsh Ministers may by regulations prescribe such further approval requirements as they consider appropriate for the purpose of—

(a) maintaining or improving the standard of visitor accommodation in Wales;

(b) maintaining or enhancing the amenity of premises at which visitor accommodation is provided or the amenity of the land upon which those premises are situated;

(c) promoting tourism in Wales.

(4) Regulations under subsection (3) may prescribe an approval requirement by reference to—

(a) a description of premises in respect of which the requirement applies;

(b) a description of regulated visitor accommodation in respect of which the requirement applies;

(c) the nature or content of the contracts under which a description of regulated visitor accommodation is provided at the premises pursuant to the licence;

(d) the description of VAP to which the licence is granted;

(e) a description of person to which visitor accommodation is provided at the premises pursuant to the licence;

(f) any other matter that the Welsh Ministers consider appropriate.

(5) Regulations under subsection (3) may amend this Act for any purpose connected to requirements being prescribed under this section.

(6) Before making regulations under subsection (3) the Welsh Ministers must consult any persons they consider appropriate.

(7) But the requirement under subsection (6) does not apply to regulations that—

(a) amend regulations previously made under subsection (3), and

(b) do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended.

(8) In this section references to‍ “the premises” have the same meaning as in section 6(4).

Commencement Information

I6 S. 19 in force at 4.3.2030, see s. 61(2)(b)

20 Licence applications: determination E+W

(1) This section applies where the Welsh Ministers have received an application for a visitor accommodation licence made by a VAP in accordance with section 18.

(2) The Welsh Ministers must, as soon as reasonably practicable—

(a) determine whether the approval requirements are met in respect of the premises to which the application relates, and

(b) give notice to the VAP in accordance with subsection (7).

(3) The Welsh Ministers must grant the visitor accommodation licence to the VAP (see section 15(1)) where—

(a) the Welsh Ministers are satisfied that the approval requirements are met in respect of the premises to which the application relates, and

(b) such fee as the Welsh Ministers may prescribe by regulations under section 35(1) in connection with the grant of the licence is paid.

(4) Where the Welsh Ministers are not satisfied that all of the approval requirements are met in respect of the premises to which the application relates, they must refuse the application, subject to section 21 (further assessments).

(5) For the purposes of this section—

(a) the Welsh Ministers may decide whether or not they are satisfied that an approval requirement is met—

(i) on the basis only of information contained in (or omitted from) the application and, where available, any information obtained by virtue of section 21 (further assessments), or

(ii) on the basis of that information and any other information available to the Welsh Ministers, including (but not limited to) information provided in connection with any of their functions under Parts 3 to 5 of this Act or under regulations made under Parts 3 to 5 of this Act;

(b) if the Welsh Ministers are satisfied that the approval requirements in section 19(2)(c)(i) and (ii) are met, they may on that basis be satisfied that the requirement in section 19(2)(c)(iii) is met.

(6) The obligation on the Welsh Ministers (as a licensing authority) under article 42(1)(a) of the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) (duty to seek representations by enforcing authority) does not apply in relation to the determination of an application for a visitor accommodation licence under this section or section 27.

(7) A notice given to the VAP under subsection (2)(b) must—

(a) inform the VAP of the outcome of the application (including, where the application is refused, of the reasons why the Welsh Ministers are not satisfied that all of the approval requirements are met), and

(b) set out any right of appeal conferred by section 29.

(8) A decision stated in a notice under subsection (2)(b) takes effect on the date the notice is given.

(9) Where a VAP makes an application under section 18 that relates to two or more premises, the Welsh Ministers may separately grant or refuse the application in respect of each of the premises.

(10) For the purposes of this section, a reference to “the premises”—

(a) is, in relation to an application for a licence that relates to regulated visitor accommodation provided in part of the premises, a reference to such part of the premises in which that accommodation is provided, and

(b) in the case of an application for a licence that relates to accommodation of a description given in section 5(1)(a) (regulated self-catering accommodation), includes any outdoor area, garage or other building provided for the exclusive use of a visitor during the period in which the visitor is entitled to reside in or at the accommodation;

(see also section 6(4) which makes similar provision in relation to the application of fitness standards to premises at which visitor accommodation is provided).‍

Commencement Information

I7 S. 20 in force at 4.3.2030, see s. 61(2)(b)

21 Licence applications: further assessment prior to determination E+W

(1) This section applies where—

(a) the Welsh Ministers have received an application for a visitor accommodation licence made by a VAP in accordance with section 18, and

(b) they are not satisfied that all of the approval requirements are met, but

(c) before concluding their determination of the application, they consider it appropriate that further action is taken or further information is provided.

(2) Where this section applies the Welsh Ministers must, as soon as reasonably practicable, give notice to the VAP that they are carrying out a further assessment in relation to the application.

(3) A notice given to the VAP under subsection (2) must—

(a) set out the reasons why the Welsh Ministers are not satisfied that all of the approval requirements are met,

(b) specify—

(i) any action that the Welsh Ministers consider the VAP may take, or any information the VAP may provide, for the purpose of satisfying the Welsh Ministers that the approval requirements are met, and

(ii) a period, of not less than 28 days starting with the date on which the notice is given, within which that action is to be taken or that information is to be provided, and

(c) specify any other action that the Welsh Ministers consider it appropriate to take in order to determine whether the approval requirements are met (which may include arranging for an authorised person to inspect the premises with the agreement of the VAP).

(4) In this section and in sections 30 and 31, “authorised person” means a person authorised in writing by the Welsh Ministers.

Commencement Information

I8 S. 21 in force at 4.3.2030, see s. 61(2)(b)

22 Visitor accommodation licence: issue of certificate and statement of information E+W

(1) Where the Welsh Ministers grant a visitor accommodation licence under section 20(3)‍ they must issue to the VAP—

(a) a licence certificate specifying—

(i) the regulated visitor accommodation that may be provided (or offered) at the premises in pursuance of the licence, and

(ii) the licence conditions that apply in relation to that accommodation, and

(b) a statement of information explaining—

(i) the operation of this Chapter and Chapter 3, and

(ii) how complaints can be made to the Welsh Ministers if a visitor is concerned that a condition of the licence has been breached.

Commencement Information

I9 S. 22 in force at 4.3.2030, see s. 61(2)(b)

Licences: breach, remedy and revocation E+W

23 Revocation E+W

(1) Subsection (2) applies in relation to a visitor accommodation licence held by a VAP if—

(a) the Welsh Ministers consider that a condition of the licence has been breached and that condition is likely—

(i) to continue to be breached, or

(ii) to be breached again;

(b) the VAP has agreed that the licence should be revoked.

(2) Where this subsection applies, the Welsh Ministers may revoke the licence and give a notice to the VAP (“a revocation notice”)—

(a) informing the VAP that the licence is revoked,

(b) setting out the reasons why the licence is revoked, and

(c) (except where the VAP has agreed that the licence be revoked) explaining‍ any right of appeal against their decision to revoke the licence conferred by section 29.

(3) A revocation of a licence stated in a notice under subsection (2) takes effect—

(a) where the VAP has agreed that the licence be revoked, on the date the notice is given, and

(b) in any other case—

(i) if no appeal is made against the decision, on the day after the last day of the appeal period referred to in section 29;

(ii) if an appeal is made, on the day specified by the First-tier Tribunal in determining the appeal or on the day the appeal is withdrawn.

(4) But section 24 makes provision about circumstances in which, despite subsection (1)(a) of this section applying, the Welsh Ministers may not revoke a licence without first giving the VAP an opportunity to remedy the breach.

(5) The Welsh Ministers may make provision by regulations about the circumstances in which—

(a) the Welsh Ministers may inform the VAP in advance of their intention to give a revocation notice under subsection (2) if‍ a licence condition that has previously been breached is breached again;

(b) a revocation notice given under subsection (2) may take effect immediately due to the seriousness of the breach.

Commencement Information

I10 S. 23 in force at 4.3.2030, see s. 61(2)(b)

24 Breach of licence conditions: remedial notices‍ E+W

(1) The Welsh Ministers must make provision by regulations about the circumstances in which the Welsh Ministers may not revoke a licence by virtue of section 23(1)(a) without first issuing a notice (a “remedial notice”) giving the VAP an opportunity to remedy the breach.

(2) Regulations under subsection (1) may make provision about remedial notices including in respect of (but not limited to)—

(a) the form and content of a remedial notice;

(b) the steps that may be required, or the activity that must be stopped, to remedy a breach of a licence condition;

(c) the timeframe for carrying out the steps, or for stopping the activity, referred to in paragraph (b);

(d) preventative action that may be required to reduce the risk of a breach occurring again;

(e) the timeframe for carrying out the action referred to in paragraph (d);

(f) the circumstances in which, due to a risk of serious harm to a visitor, a visitor may not reside at the accommodation until a breach of a licence condition has been remedied;

(g) the circumstances in which a revocation notice may be issued under section 23 due to a failure to comply with a remedial notice;

(h) any circumstances in which, despite a failure to comply with a remedial notice, a revocation notice may not be issued under section 23;

(i) varying or withdrawing a remedial notice;‍

(j) inspecting premises or requiring information to be provided for the purpose of assessing whether a remedial notice has been complied with.

(3) Regulations under this section may make provision—

(a) for appeals;

(b) amending this Act.

Commencement Information

I11 S. 24 in force at 5.3.2029, see s. 61(2)(a)

Licences: licence periods, renewal and amendment E+W

25 Licence periods and renewal of licence E+W

(1) A visitor accommodation licence expires at the end of—

(a) the period of 1 year beginning with the date on which it is granted, or

(b) such othe‍r period as may be prescribed by the Welsh Ministers in regulations.

(2) Regulations under subsection (1)(b) may provide that a prescribed period applies—

(a) in relation to a description of premises;

(b) in relation to a description of regulated visitor accommodation;

(c) by reference to the nature or content of the contracts under which a description of regulated visitor accommodation is provided pursuant to a licence;

(d) in relation to a description of VAP to which a licence is granted;

(e) by reference to a description of person to which visitor accommodation is provided at premises pursuant to a licence;

(f) in relation to or by reference to any other matter that the Welsh Ministers consider appropriate.

(3) The Welsh Ministers must make provision by regulations in relation to renewal of a visitor accommodation licenc‍e.

(4) Regulations under subsection (3)—

(a) must make provision enabling a licence to be treated as continuing to have effect until the date on which the Welsh Ministers determine an application for a renewal;

(b) may (among other things) make provision about the making and determination of applications for renewal;

(c) may (among other things) prescribe requirements to be met in relation to an application by a VAP for renewal of a visitor accommodation licence—

(i) in relation to a description of premises;

(ii) in relation to a description of regulated visitor accommodation;

(iii) by reference to the nature or content of the contracts under which a description of regulated visitor accommodation is provided pursuant to a licence;

(iv) in relation to a description of VAP to which a licence is granted;

(v) by reference to a description of person to which visitor accommodation is provided at premises pursuant to a licence;

(vi) in relation to or by reference to any other matter that the Welsh Ministers consider appropriate.

(5) Regulations under‍ this section may make provision—‍

(a) for appeals;

(b) amending this Act.

Commencement Information

I12 S. 25(1)(2) in force at 4.3.2030, see s. 61(2)(b)

I13 S. 25(3)-(5) in force at 5.3.2029, see s. 61(2)(b)

26 Amendment of licence E+W

(1) The Welsh Ministers may make provision by regulations in relation to‍ amendment of a visitor accommodation licence (on a permanent or temporary basis).

(2) Regulations under subsection (1) may (among other things) make provision—

(a) about the procedure by which—

(i) a VAP may apply for an amendment of a licence;

(ii) the Welsh Ministers may amend a licence without the agreement of the VAP;

(b) about the circumstances in which—

(i) the details of the premises or accommodation to which the licence relates may be amended;

(ii) licence conditions may be amended.

(3) But, where regulations under subsection (1) provide that a licence may be amended so that a condition in section 15(3)(c) (fitness of premises) does not apply to premises in respect of which the licence was granted—

(a) the regulations must also provide that the licence must be subject to the condition in subsection (4);

(b) the regulations may make provision for a summary offence punishable with a fine in respect of a breach of the condition in subsection (4).

(4) The condition is that the VAP does not permit any visitor to enter the premises referred to in subsection (3) for the purposes of residing in or at the regulated visitor accommodation.

(5) Regulations under subsection (1) may make provision—

(a) for appeals;

(b) amending this Act.

(6) For the purposes of this section a reference to “premises”—

(a) is, in relation to an amendment of a condition that applies in respect of a part of premises in which regulated visitor accommodation is provided, a reference to that part, and

(b) in the case of a condition that relates to accommodation of a description given in section 5(1)(a) (regulated self-catering accommodation), includes any outdoor area, garage or other building provided for the exclusive use of a visitor during the period in which the visitor is entitled to reside in or at the accommodation;

(see also section 6(4) which makes similar provision in relation to the application of fitness standards to premises at which visitor accommodation is provided).

Commencement Information

I14 S. 26 in force at 5.3.2029, see s. 61(2)(a)

Licences: provisional licences‍‍ E+W

27 Provisional licences E+W

(1) This section applies where a VAP—

(a) intends to provide, or offer to provide, regulated visitor accommodation at premises in Wales in respect of which the VAP is registered, and

(b) considers the VAP—

(i) is able to demonstrate that the approval requirements in section 19(2)(a) and (b) are met in respect of the premises, and

(ii) is unable, for the time being, to demonstrate that the approval requirements in section 19(2)(c)(i) and (ii) (fitness of premises) are met in respect of the premises.

(2) Where this section applies the VAP may make an application to the Welsh Ministers for a provisional visitor accommodation licence in respect of the premises.

(3) In subsection (2) a “provisional visitor accommodation licence” means a licence granted subject to—

(a) the conditions set out in section 15(3)(a) and (b), and

(b) the condition that the VAP does not permit any visitor to enter the premises for the purposes of residing in or at the regulated visitor accommodation.

(4) An application under subsection (2) must—

(a) be in such form, and made in such manner, as the Welsh Ministers may specify;

(b) be accompanied by such fee as the Welsh Ministers may prescribe by regulations under section 35(1) in connection with their functions under subsection (5);

(c) specify the approval requirements the VAP considers are not met;

(d) contain such other information as the Welsh Ministers may specify.

(5) Where a VAP makes an application under subsection (2), the Welsh Ministers must, as soon as reasonably practicable after receiving the application—

(a) determine whether the approval requirements in section 19(2)(a) and (b) are met in respect of the premises to which the application relates, and

(b) give notice to the VAP in accordance with subsection (9).

(6) The Welsh Ministers must grant the licence to the VAP where—

(a) the Welsh Ministers are satisfied that the approval requirements referred to in subsection (5)(a) are met in respect of the premises to which the application relates, and

(b) any fee as the Welsh Ministers may prescribe by regulations under section 35(1) in connection with the grant of the licence is paid.

(7) Where the Welsh Ministers are not satisfied that the approval requirements in section 19(2)(a) and (b) are met in respect of the premises to which the application relates, they must refuse the application.

(8) For the purposes of this section, the Welsh Ministers may decide whether or not they are satisfied that an approval requirement is met—

(a) on the basis only of information contained in (or omitted from) the application, or

(b) on the basis of that information and any other information available to the Welsh Ministers, including (but not limited to) information provided in connection with any of their functions under or by virtue of Parts 3 to 5 of this Act.

(9) Where the Welsh Ministers give a notice under subsection (5)(b)—

(a) the notice must—

(i) inform the VAP of the outcome of the application (including, where the application is refused, of the reasons why the Welsh Ministers are not satisfied that the approval requirements in section 19(2)(a) and (b) are met), and

(ii) set out any right of appeal conferred by section 29;

(b) any decision stated in the notice takes effect on the date the notice is given.

(10) Where a VAP makes an application under subsection (2) that relates to two or more premises, the Welsh Ministers may separately grant or refuse the application in respect of each of the premises.

(11) For the purposes of this section and section 28, a reference to “the premises”—

(a) is, in relation to an application for a licence that relates to regulated visitor accommodation provided in part of the premises, a reference to such part of the premises in which that accommodation is provided, and

(b) in the case of an application for a licence that relates to accommodation of a description given in section 5(1)(a) (regulated self-catering accommodation), includes any outdoor area, garage or other building provided for the exclusive use of a visitor during the period in which the visitor is entitled to reside in or at the accommodation;

(see also section 6(4) which makes similar provision in relation to the application of fitness standards to premises at which visitor accommodation is provided).

Commencement Information

I15 S. 27 in force at 4.3.2030, see s. 61(2)(b)

28 Provisional licences: further provision E+W

(1) A VAP to which a provisional visitor accommodation licence has been granted under section 27 may (at any time) apply for a visitor accommodation licence under section 18 (a “full licence”).

(2) But where the Welsh Ministers grant a full licence to a VAP in respect of premises under section 20, they must revoke the provisional visitor accommodation licence that the VAP holds in respect of those premises.

(3) The Welsh Ministers may by regulations make further provision about provisional licences.

(4) Regulations under subsection (3) may (among other things)—

(a) make provision for a summary offence punishable with a fine in respect of a breach of the condition in section 27(3)(b);

(b) make further or different provision about the application of criminal offences under this Act in relation to provisional visitor accommodation licences, including provision modifying those offences in their application in relation to such licences;

(c) amend—

(i) this Act;

(ii) the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5).

Commencement Information

I16 S. 28 in force at 5.3.2029, see s. 61(2)(a)

Appeals E+W

29 Licensing appeals E+W

(1) A‍ person to which the Welsh Ministers give notice of a decision in subsection (2) may appeal against that decision to the tribunal.

(2) The decisions are—

(a) a decision of the Welsh Ministers in relation to the grant of a visitor accommodation licence;

(b) a decision of the Welsh Ministers in relation to the revocation of a visitor accommodation licence.

(3) An appeal under subsection (1) must be made before the end of the period of 28 days beginning with the date on which notice of the decision was given (“the appeal period”).

(4) But the tribunal may allow an appeal to be made after the expiry of that 28 day period if it is satisfied that there is a good reason for the failure to appeal before the expiry of that period (and for any delay in applying for permission to appeal out of time).

(5) On appeal under subsection (1), the tribunal may—

(a) confirm the decision;

(b) direct that the decision is not to take effect (or, if the decision has taken effect, direct that the decision is to cease to have effect);

(c) substitute for the decision appealed against another decision that the Welsh Ministers could have made;

(d) make such other order (including an interim order) as the tribunal considers appropriate.

(6) In this section, “the tribunal” means the First-tier Tribunal.

Commencement Information

I17 S. 29 in force at 4.3.2030, see s. 61(2)(b)

Enforcement‍ E+W

30 Power of entry and inspection for enforcement purposes E+W

(1) This section applies where—

(a) a visitor accommodation licence has been granted to a VAP in respect of premises in accordance with this Part, and

(b) the Welsh Ministers have reasonable grounds for believing that—

(i) the VAP has given false or misleading information to the Welsh Ministers in relation to the licence, or

(ii) a condition of the licence has been breached.

(2) Where this section applies and the Welsh Ministers consider that it is necessary or expedient for the purpose of determining whether any of the circumstances mentioned in subsection (1)(b) have arisen, an authorised person may (subject to subsection (3)) enter the premises at any reasonable time.

(3) An authorised person—

(a) must give reasonable notice of their intention to enter the premises to the VAP;

(b) may not enter the premises by force under this section;

(c) before entering premises under this section, must, if asked to do so, show evidence of the person’s authorisation‍ by the Welsh Ministers;

(d) may take with them such other persons and equipment as the authorised person considers appropriate;

(e) may inspect, copy or take away documents found on the premises, other than any documents belonging to a visitor who is residing at the premises.

(4) In subsection (3)(e), references to—

(a) documents include information recorded in any form;

(b) documents found on the premises include—

(i) documents stored on computers or electronic storage devices on the premises, and

(ii) documents stored elsewhere that can be accessed by computers on the premises.

(5) The power conferred by subsection (3)(e) includes power—‍

(a) to impose requirements as to the form in which documents are provided (which may include requirements to provide legible copies of documents stored electronically);

(b) to inspect a computer or other electronic storage device (other than a device belonging to a visitor) on which documents have been created or stored.

(6) An authorised person is not liable in any civil or criminal proceedings for anything done in the purported performance of the person’s functions under this section if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.‍

Commencement Information

I18 S. 30 in force at 4.3.2030, see s. 61(2)(b)

31 Warrant to enter and inspect premises for enforcement purposes E+W

(1) This section applies if a justice of the peace is satisfied on sworn information in writing—

(a) where the premises are premises in relation to which a licence has been granted—

(i) that there are reasonable grounds for entering the premises for‍ the purpose of determining whether any of the circumstances mentioned in section 30(1)(b) have arisen, and

(ii) that admission to the premises has been refused or a refusal is reasonably expected or that giving notice to the VAP of an authorised person’s intention to enter the premises is likely to defeat the purpose of the entry, or

(b) where the premises are not premises in relation to which a visitor accommodation licence has been granted, that there are reasonable grounds to believe that the premises are (or have been) used as a place a‍t which regulated visitor accommodation is (or has been) offered or provided.

(2) For the purposes of subsection (1)(a)(ii), admission to premises is to be treated as having been refused if no reply is received to a request for admission within a reasonable period.

(3) The justice of the peace may issue a warrant conferring a power to enter the premises on an authorised person.

(4) A warrant under this section confers a power to enter premises—

(a) on one occasion only, and

(b) only at a reasonable time, unless the case is one of urgency.

(5) A person authorised to enter premises under a warrant—

(a) before entering premises under the warrant, must, if asked to do so—

(i) show evidence of the person’s authorisation‍ by the Welsh Ministers;

(ii) produce the warrant;

(iii) state the purpose of the entry;

(b) may take with them such other persons and equipment as the person considers appropriate;

(c) may inspect, copy or take away documents found on the premises, other than any documents belonging to a visitor who is residing at the premises.

(6) In subsection (5)(c), references to—

(a) documents include information recorded in any form;

(b) documents found on the premises include—

(i) documents stored on computers or electronic storage devices on the premises, and

(ii) documents stored elsewhere that can be accessed by computers on the premises.

(7) The power conferred by subsection (5)(c) includes power—‍

(a) to impose requirements as to the form in which documents are provided (which may include requirements to provide legible copies of documents stored electronically);

(b) to inspect a computer or other electronic storage device (other than a device belonging to a visitor) on which documents have been created or stored.

(8) A warrant under this section ceases to have effect at the end of 1 month beginning with the day it is issued.

Commencement Information

I19 S. 31 in force at 4.3.2030, see s. 61(2)(b)

Offences E+W

32 Regulated visitor accommodation at unlicensed premises: offence E+W

(1) It is an offence for a person to provid‍e regulated visitor accommodation, in the course of trade or business, at any premises unless—

(a) the person holds a visitor accommodation licence in respect of the premises that relates to the regulated visitor accommodation;

(b) where the person does not hold a visitor accommodation licence in respect of the premises that relates to the regulated visitor accommodation, the person provides the accommodation with the permission of a person (“P”) that holds such a licence (regardless of whether that permission was given by P or with the authority of P).

(2) A person does not commit an offence under subsection (1) if the person had a reasonable excuse for the act or omission falling within that subsection.

(3) A person that commits an offence under subsection (1) is liable on summary conviction to a fine.‍

Commencement Information

I20 S. 32 in force at 4.3.2030, see s. 61(2)(b)

33 Offence of wilful obstruction E+W

(1) A person referred to in subsection (2) commits an offence if the person wilfully obstructs an authorised person validly exercising a function under‍ section 30.

(2) The persons are—

(a) a person‍ holding a visitor accommodation licence in respect of the premises in relation to which the authorised person is exercising the function (“the relevant premises”);

(b) a person (other than a person holding a visitor accommodation licence in respect of the relevant premises) that provides or offers to provide regulated visitor accommodation at the relevant premises;

(c) a person that assists with or facilitates (or has assisted with or facilitated) the provision of regulated visitor accommodation by a person mentioned in paragraph (a) or (b) at the relevant premises.

(3) A person commits an offence if the person wilfully obstructs an authorised person in the exercise of a power conferred by virtue of a warrant under section 31.

(4) A person guilty of an offence under subsection (1) or (3)is liable on summary conviction to a fine.

Commencement Information

I21 S. 33 in force at 4.3.2030, see s. 61(2)(b)

Other functions of the Welsh Ministers E+W

34 Duty to maintain a register in relation to licensing E+W

(1) The Welsh Ministers must establish and maintain a register of visitor accommodation licences.

(2) The register established under subsection (1)—

(a) must contain the information set out in subsection (3);

(b) may contain any other information in relation to the exercise of their functions under‍ or by virtue of this Act that the Welsh Ministers consider appropriate.

(3) An entry in the register relating to a licence granted to a VAP under‍ this Chapter‍ must contain the following information—

(a) the name of the VAP;

(b) any business name used by the VAP;

(c) the business address of the VAP;

(d) the regulated visitor accommodation to which the licence relates;

(e) the premises to which the licence relates;

(f) the registration number issued by WRA to the VAP in respect of the premises under Part 2 of the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5);

(g) the date the licence was granted and, where applicable, amended or renewed;

(h) the date on which the licence will expire;

(i) such information in relation to—

(i) the approval requirements;

(ii) the licence conditions,

as the Welsh Ministers consider appropriate.

(4) The Welsh Ministers must publish the information contained in an entry in the register under subsection (2)(a).

(5) But the Welsh Ministers must not publish—

(a) the name of an individual, unless—

(i) the individual consents to the publication, or

(ii) the individual’s forename and surname are part of the business name of a VAP;

(b) the address of an individual’s sole or main residence, unless—

(i) the individual consents to the publication, or

(ii) the address is of premises‍ in respect of which a VAP is registered.

(6) The Welsh Ministers may publish information contained in the register by virtue of subsection (2)(b); but they may not publish information under this subsection if they are prohibited from publishing that information by any enactment or rule of law.

(7) For the purposes of this section, the “business address” of a partnership, a body corporate or an unincorporated body is the address of its registered or principal office.‍

Commencement Information

I22 S. 34 in force at 4.3.2030, see s. 61(2)(b)

35 Fees in relation to visitor accommodation licences E+W

(1) The Welsh Ministers may by regulations make provision for and in relation to the charging of fees in connection with the exercise of their functions under‍ or by virtue of this Chapter or Chapter 1 of Part 5 of this Act.

(2) Regulations under subsection (1) may (among other things) provide for—

(a) the amount, or the maximum amount, of a fee;

(b) a fee, or the maximum amount of a fee, to be determined in accordance with regulations;

(c) different fees in different circumstances;

(d) reduction, waiver or refund of fees;

(e) the manner in which fees are to be paid;

(f) appeals against decisions relating to fees;

(g) a fee to be recovered summarily as a civil debt.

(3) Before making the first regulations under subsection (1), the Welsh Ministers must consult any persons they consider appropriate and allow those persons a period of at least 12 weeks to respond.

(4) Before making the second or subsequent regulations under subsection (1), the Welsh Ministers must consult any persons they consider appropriate.

Commencement Information

I23 S. 35 in force at 5.3.2029, see s. 61(2)(a)

36 Powers to share information E+W

(1) A person mentioned in subsection (3) may disclose information to the Welsh Ministers for the purposes of any of the Welsh Ministers’ functions under Parts 3 to 5 of this Act or under regulations made under Parts 3 to 5 of this Act.

(2) The Welsh Ministers may disclose information held in connection with any of their functions under‍ or by virtue of this Chapter, Part 4 or Chapter 1 of Part 5 of this Act to—

(a) a person mentioned in subsection (3), where the information is disclosed for the purposes of that person’s functions;

(b) any person (including a person mentioned in subsection (3)), for the purposes of any of the Welsh Ministers’ functions under‍ or by virtue of this Chapter, Part 4 or Chapter 1 of Part 5 of this Act.

(3) The persons mentioned in this subsection are—

(a) a county or county borough council in Wales;

(b) a fire and rescue authority for an area in Wales;

(c) WRA;

(d) a National Park authority for a National Park in Wales;

(e) a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);

(f) a person designated as a licensing authority for the purposes of Part 1 of the Housing (Wales) Act 2014 (anaw 7) (regulation of private rented housing);

(g) a person prescribed by the Welsh Ministers in regulations.

(4) A disclosure of information under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(5) But see also section 183A of the Data Protection Act 2018 (c. 12) (protection of requirements for processing personal data).

(6) In section 18(1) of the Tax Collection and Management (Wales) Act 2016 (anaw 6) (permitted disclosures)—

(a) omit the “or” after paragraph (i);‍

(b) in paragraph (k)(ii), for “section 2 of the Development of Tourism Act 1969 (c. 51)” substitute “the Development of Tourism and Regulation of Visitor Accommodation (Wales) Act 2026 (asc 00)”.

Commencement Information

I24 S. 36 in force at 4.3.2030, see s. 61(2)(b)

37 Specific provision applicable in respect of campsite and caravan site licences E+W

(1) Subsections (2) and (3) apply if regulations under section 5(1)(b) (description of “regulated visitor accommodation”) prescribe visitor accommodation at—

(a) a campsite to which section 269 of the Public Health Act 1936 (c. 49) applies;

(b) a caravan site to which Part 1 of the Caravan Sites and Control of Development Act 1960 (c. 62) applies.

(2) The Welsh Ministers may, when granting or renewing a visitor accommodation licence in relation to the provision of visitor accommodation of that description, specify such‍ licence conditions (applicable on a case by case basis) as they consider appropriate to—

(a) limit the period of time during any calendar year in which that visitor accommodation may be provided at the relevant campsite or caravan site;

(b) limit the capacity of that visitor accommodation provided at the relevant campsite or caravan site;

(c) maintain or enhance the amenity of the land on which the relevant campsite or caravan site is situated.

(3) Conditions under subsection (2) may be specified only with the agreement of the county or county borough council for the area in which the campsite or caravan site is situated.

(4) The Welsh Ministers may by regulations modify any provision of this Chapter for any purpose connected to conditions being specified under this section.

Commencement Information

I25 S. 37 in force at 4.3.2030, see s. 61(2)(b)