ASSC Seek Urgent Clarification on Edinburgh Holiday Lets Threatened with Closure

The ASSC have been informed that several operators of self-catering properties in Edinburgh have been told to cease trading as holiday lets by council officials.

In the instances brought to our attention, Edinburgh Council stated that a Change of Use was required, which the ASSC would suggest is not the case in a legal/planning sense, and also that a Certificate of Lawfulness was needed to operate a short-term let.

The ASSC has therefore requested urgent clarification on the following issues:

• There is a suggestion in the City of Edinburgh Council guidance that holiday let / short-term lets require aCertificate of lawfulness as a way of deciding whether “a use or piece of building work is legal or not”. Where this Certificate of Lawfulness sits within the legal or planning framework is unclear and requires clarification.
• The ASSC also seek clarification on where this policy sits with Edinburgh’s Tourism Strategy ‘Edinburgh 2020’ headline objective, “To increase the number of visits to the City by one third”. The ASSC considers that short-term letting has a significant part to play in achieving this objective. If apartments are being served planning notices to cease trading, this will present a significant barrier to growth.

The ASSC have sought legal advice from Brodies LLP on the requirement for planning permission for self-catering units which you can read here: Legal Opinion

The ASSC will also seek a meeting with relevant officials at City of Edinburgh Council to discuss the matter in greater detail.