26BMaterial change of use: short-term lets

1

A planning authority may designate all or part of its area as a short-term let control area for the purposes of this section.

2

In a short-term let control area, the use of a dwellinghouse for the purpose of providing short-term lets is deemed to involve a material change of use of the dwellinghouse.

3

For the purposes of this section, the following tenancies do not constitute a short-term let—

a

a private residential tenancy under section 1 of the Private Housing (Tenancies) (Scotland) Act 2016,

b

a tenancy of a dwellinghouse (or part of it) where all or part of the dwellinghouse is the only or principal home of the landlord or occupier.

4

The power under subsection (1) includes the power to vary or cancel a designation.

5

The Scottish Ministers may by regulations make further provision for the purposes of this section including, in particular, provision about—

a

the procedure a planning authority must follow in order to make, vary or cancel a designation under subsection (1) (which may include requiring the approval of the Scottish Ministers),

b

the form of a designation under subsection (1),

c

what constitutes providing a short-term let for the purposes of this section, and

d

any circumstances in which, or descriptions of dwellinghouse to which, this section does not apply.

6

Before making regulations under subsection (5), the Scottish Ministers must consult planning authorities and such other persons as they consider appropriate.