England's short term let rules, explained without the jargon

What rules apply to English short lets?

If you’re running a short let in England, you’ve probably been hearing about the mandatory national registration scheme (the Short Let Register), and you’ve started wondering how this affects you.

At this point it’s important to understand that there are three short term let rules that may apply to your business.

Each one is assessed, enforced, and handled by local council or different parts of government.

Mixing them up is one of the most common sources of confusion we see, so let’s untangle it properly, and simply.

Three separate systems, one confused market

It's an easy mistake to make: hearing about 'new Airbnb rules' and assuming there's one set of requirements to tick off.

In reality, England currently has three separate systems that can all apply to short term lets, and all of them are different.

Being compliant on one doesn't mean you're covered for the rest - which is exactly why it's worth knowing what each one actually does, and getting advice based on your own individual circumstances.

System 1: the Short Term Let Register (coming March 2027)

The government has told Parliament the register will be up and running by March 2027, and the official guidance for holiday let owners corroborates this.

The regulations haven't been published yet, so the details, and possibly the exact start date, could still change.

The government hasn't yet said what information you'll need to provide, whether there will be a fee, or how often you'll need to register. It has, however, said it wants the scheme to be light touch, low cost and simple.

System 2: planning status

Separate from registration, there's planning.

This looks at whether your local council decides your property needs planning permission to be used as a short let in the first place.

For most owners this is simply a case of understanding where you stand.

Using your home for short lets only needs planning permission if it amounts to what planners call a 'material change of use', meaning the way the property is used has changed significantly from an ordinary home. Plenty of short lets never reach that point.

There's no fixed national definition of a 'material change of use', so each council looks at the property as a whole.

Things they may consider include how many guests stay at a time, how often guests change over, how many nights a year it's let, whether it's still someone's home, and any effect on neighbours, such as noise, parking or waste removal.

For example, if your family home is let to couples or small families for a week at a time, they're using it much as your own family would, so it's less likely to be seen as a change of use. A house regularly rented to large groups for parties or events might be looked at differently.

If you'd like written confirmation of your position, you can apply to your council for a Lawful Development Certificate (LDC). For an existing use this is sometimes called a Certificate of Lawfulness of Existing Use or Development (CLEUD), or simply a Certificate of Lawfulness.

This certificate can confirm that an existing use is lawful, either:

because it hasn’t been a material change of use, or
because it has been in continuous use for 10 years or more.

A certificate isn't compulsory. It's a way of getting peace of mind, and it can be useful when you sell, remortgage or refinance.

If neither of the points above apply, a planning application is a route to make things formal.

London has its own rule on top of this. You can let your home for up to 90 nights in a calendar year without planning permission, as long as the person letting it pays the council tax on it. Beyond that, planning permission is needed.

The government has also consulted on changes to planning for short term lets, but nothing has been brought into law yet, so the current rules above still apply.

We cover Planning properly in its own post, because it's genuinely one of the most useful things to understand early.

System 3: safety compliance

Alongside both of the above, there's a set of safety legal requirements that apply to every short let, whatever its planning position and whether or not it's registered.

These include a written fire risk assessment, and if you have gas appliances, an annual gas safety check by a Gas Safe registered engineer.

Keeping the electrics and any appliances you provide safe is also part of your duty, and furniture you supply needs to meet fire safety standards. Good insurance isn't a legal requirement, but the government recommends it.

None of this is new. If anything, it's likely to get more attention once the register gives councils a clearer picture of who's operating in their area.

How the three interact

There are two important points to consider.

Firstly, being right on one of these three rules doesn't mean you're right on the others.

You can be registered and still be overdue on a gas safety check.

Second, not every rule applies to every property. Your property, location and guests are individual to you, so advice on your own situation is always best.

A realistic timeline for getting compliant

Depending on where you are and the type of property you have, this can vary.

There's no need to do everything at once, but there is a sensible order.

Safety is worth sorting first. Most of it is routine maintenance you'd want in place anyway.

Planning can run alongside it. For many owners this will take the longest, and will provide reassurance on where they stand. If you'd like a certificate, it's worth starting early, as councils can take time to decide.

Registration comes last simply because it isn't open yet, but there's nothing to stop you being ready to apply when it launches in March 2027.

References:

Planning

Safety

If you need help with a short term let licence, planning application or renewal, get in touch with STL Solutions.

This article is a high-level overview of registration, planning and safety rules for short term lets in England, and does not constitute legal advice. Please seek specific advice for your own circumstances.