The Scottish Greens have published examples of legislation to demonstrate how local councils could help tackle the rise of the short-term letting sector.

New research carried out by Scottish Green MSP Andy Wightman's Homes First campaign sets out examples of Statutory Instruments which Ministers could bring forward under existing powers to provide local authorities with the tools they need to regulate according to their own priorities.

One option includes creating a new 'Use Class Order' in the planning system so councils are able to classify residential property being used for commercial holidays or short breaks as short-term lets. Another possible option involves amending The Civic Government (Scotland) Act 1982 to give local councils the power to introduce a licensing scheme in order to regulate the operation of short-term lets.


Andy Wightman, Housing spokesperson for the Scottish Greens and MSP for Lothian, said the examples are intended to start a discussions over a situation "that is clearly causing distress in communities such as Edinburgh".

"Until now, there have been no substantial proposals beyond Airbnb suggesting it could set its own 156 day limit on its website," he said.

"It seems reasonable to me that if someone rents out a room or their home for less than one month a year and it remains their main residence there should be no requirement for them to apply for either planning consent or a licence from the council but where there is a clear commercial activity, a change of use must be applied for and a licence sought.

"Scottish Ministers still don't seem to get the difference between a person letting out a spare room or flat while they go away on holiday and an investor buying property for the intention of running a commercial business. Local councils need the power to regulate this sector to prevent further erosion of communities and loss of housing."

(LM)