TranslateThe following are the mandatory conditions which apply to all short-term let licences in Scotland. These conditions are set out in Schedule 3 to the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, as amended, and must be attached to every short-term let licence. North Ayrshire Council has no discretion to remove or amend these mandatory conditions.
Any additional local conditions imposed by North Ayrshire Council are separate from the mandatory conditions set out below.
Agents
1. Only those named as a holder of the licence can carry out the day to day management of the short-term let of the premises.
Type of licence
2. The holder of the licence may only offer the type of short-term let for which the licence has been granted.
Fire safety
3. The holder of the licence must ensure the premises has satisfactory equipment installed for detecting, and for giving warning of:
4. The holder of the licence must keep records showing that all upholstered furnishings and mattresses within the parts of the premises which are for guest use, or to which the guests are otherwise permitted to have access, comply with the Furniture and Furnishings (Fire Safety) Regulations 1988(1).
Gas safety
5. Where the premises has a gas supply:
Electrical safety
6. Where there are electrical fittings or items within the parts of the premises which are for guest use, or to which the guests are permitted to have access, the holder of the licence must:
7. In determining who is competent, the holder of the licence must have regard to guidance issued by the Scottish Ministers under section 19B(4) of the Housing (Scotland) Act 2006(2).
Water safety: private water supplies
8. Where the premises are served by a private water supply, the licence holder must comply with the requirements on the owners of private dwellings set out in the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017(3).
Water safety: legionella
9. The holder of the licence must assess the risk from exposure to legionella within the premises, whether or not the premises are served by a private water supply.
Safety & repair standards
10.—(1) The holder of the licence must take all reasonable steps to ensure the premises are safe for residential use.
(2) Where the premises are subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, the holder of the licence must ensure that the premises meet the repairing standard.
Maximum Occupancy
11. The licence holder must ensure that the number of guests residing on the premises does not exceed the number specified in the licence.
Information to be displayed
12. The holder of the licence must make the following information available within the premises in a place where it is accessible to all guests:
Planning Permission
13. Where the premises is in a short-term let control area for the purposes of section 26B of the Town and Country Planning (Scotland) Act 1997(4) (“the 1997 Act”), the holder of the licence must, where the use of the premises for a short-term let requires planning permission under the 1997 Act, ensure that either:
Listings
14.—(1) The holder of the licence must ensure that any listing or advert (whether electronic or otherwise) for the short-term let of the premises includes:
(2) The holder of the licence must ensure that any listing or advert (whether electronic or otherwise) for the short-term let of the premises is consistent with the terms of the short-term let licence.
Insurance
15. The holder of the licence must ensure that there is in place for the premises:
Payment of fees
16. The holder of the licence must pay any fees due to the licensing authority in respect of the licence on demand.
False or misleading information
17. The holder of the licence must not provide any false or misleading information to the licensing authority.