http://www.legislation.gov.uk/ssi/2021/154/regulation/2The Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021enTOWN AND COUNTRY PLANNINGStatute Law Database2022-11-16Expert Participation2022-03-01
These Regulations make further provision for the purposes of section 26B of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”). Section 26B enables a planning authority to designate all or part of its area as a short-term let control area. Where an area is designated as a short-term let control area a change of use of a dwellinghouse to use for the purpose of providing short-term lets is deemed to be a material change of use and so constitutes development under section 26 of the 1997 Act.
The Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021
Short-term let21For the purposes of section 26B of the Act, and subject to section 26B(3) of the Act, a short-term let is provided where all of the following criteria are met—asleeping accommodation is provided in the course of business to one or more persons for one or more nights for commercial consideration,bno person to whom sleeping accommodation is provided is an immediate family member of the person by whom the accommodation is being provided,bathe accommodation is not provided under an excluded tenancy,cthe accommodation is not provided for the principal purpose of facilitating the provision of work or services to the person by whom the accommodation is being provided or to another member of that person’s household,dthe accommodation is not provided by an employer to an employee in terms of a contract of employment or for the better performance of the employee’s duties, andethe accommodation is not excluded accommodation.2For the purposes of this regulation, a person (“A”) is an immediate family member of another person (“B”) if A is—ain a qualifying relationship with B,ba qualifying relative of B,ca qualifying relative of a person who is in a qualifying relationship with B, ordin a qualifying relationship with a qualifying relative of B.3For the purposes of paragraph (2)—atwo people are in a qualifying relationship with one another if they are—imarried to each other,iiin a civil partnership with each other, oriiiliving together as though they were married,b“a qualifying relative” means a parent, grandparent, child, grandchild or sibling,ctwo people are to be regarded as siblings if they have at least one parent in common,da person’s stepchild is to be regarded as the person’s child,ea person (“C”) is to be regarded as the child of another person (“D”), if C is being or has been treated by D as D’s child.Reg. 2 in force at 1.4.2021, see reg. 1(1)Words in reg. 2(1)(a) inserted (1.3.2022) by The Town and Country Planning (Short-term Let Control Areas) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/33), regs. 1, 2(3)(a)Reg. 2(1)(ba) inserted (1.3.2022) by The Town and Country Planning (Short-term Let Control Areas) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/33), regs. 1, 2(3)(b)