The Scottish Government have comprehensive guidance for Short Term Let Host and Operators, which can be found at Short Term Let - Licensing Scheme Guidance Part 1 (opens new window). Appendix B of this guidance also includes an Application Checklist which you can use to ensure your application is deemed fully competent for processing.

The following documentation must be submitted as part of your application:

Applicants should be aware that an application will not be treated as a competent application and processed without the following documentation (where applicable):

(a) Planning Permission or a Certificate of Lawfulness

In relation to all applications for STL licences involving home letting or secondary letting, the applicant must provide evidence that the premises has planning permission or a certificate of lawfulness issued by the Planning Authority for the use of the premises as short stay accommodation or a certificate of lawfulness confirming that the extent of the use does not amount to a material change of use. This must be submitted with the STL application. As detailed in section 8, an application submitted without either of these documents will not be considered by the Council.

You must contact planning directly and consult with their staff. Each property must be considered individually and you must not assume that permission will be granted. Please read further information on the Planning Services webpage.

(b) Floor/Layout Plan

All applicants for the grant of a STL licence will be required to submit a floor plan of the premises, scale 1: 50 showing at least the following:

• Rooms - living area/bedrooms/bedrooms available for guests;
• Room sizes, including bedrooms;
• Fire escapes;
• Location of heat/smoke alarms;
• Location of fire doors; and
• Location of stairs/elevators/lifts;

For renewal applications, where there has been no change to the layout of the premises a floor plan would not be required with the application.

For variation applications, where the variation relates to a change to the layout of the premises, a floor plan would be required with the application.

(c) Evidence of Operation as a STL before 1 October 2022

Where an applicant has been operating a STL before 1 October 2022, the applicant will be required to certify this when submitting a STL licence application. Checks to establish this may be made by the Council.

(d) Consent from Owner(s)

Where owner is not the applicant

As detailed in section 11.1 an application for a STL licence does not have to be made by the owner of the premises. However, where an applicant other than the owner of the premises applies to the Council for a STL licence, the applicant must provide consent from the owner, or if the title to the premises is held by more than one owner, all owners or a person authorised to act on behalf of the owner(s) with written confirmation from one of the owners that the agent is authorised to act for all the owners.

Where one or more owners

Where the premises is owned by more than one person (shared ownership) all owners will have to declare that they consent to the application, if one owner is submitting the application. These declarations would be required with the application.

It is the responsibility of the person making the application to give accurate information on the form (see the declaration section on the form) and this may involve making enquiries with the owner(s) as to whose name title to the property is held in. Please note that the Council may require additional documentation to be submitted with an application. Where this is the case, the Council will advise the applicant directly of this.

(e) Energy Performance Certificate

The accommodation must hold a valid EPC dated within the last 10 years (where it applies). This must be carried out by an energy assessor.

Not all short-term lets need an EPC. But individual homes rented out in full do need one. For example, self-catering holiday homes. You need to display the EPC rating in all adverts where this applies.

(f) Fire Safety Risk Assessment

A fire risk assessment is a practical exercise aimed at evaluating:

• the risk from fire in your premises
• how fire might be prevented
• how to ensure the safety of people in or around your premises if a fire does start

The outcome of an assessment must be acted on with appropriate fire safety measures put in place.

More information is available at Scottish Government - Fire Safety Risk Assessment (opens new window)

(g) Gas Safety Certificate

The accommodation must have a Gas Safety Certificate dated in the last 12 months. This applies to accommodation with a gas supply.

This shows a gas safe registered engineer has carried out a safety check on all gas appliances.

(h) Electrical Installation Condition Report (EICR)

You must arrange for a qualified person to carry out an electrical safety check at least every 5 years. This usually means the qualified person is registered with either:

• a member firm of the Electrical Contractors' Association of Scotland
• a member of the National Association of Professional Inspectors and Testers

(i) Portable Appliance Testing Report (PAT)

You must arrange for a qualified person to produce a Portable Appliance Testing Report on moveable appliances your guests have access to. For example a TV or an alarm clock.  This usually means the qualified person is registered with either:

• a member firm of the Electrical Contractors' Association of Scotland
• a member of the National Association of Professional Inspectors and Testers

(j) Legionella Risk Assessment

You must assess the accommodation's risk from exposure to Legionella. This is needed whether or not it has a private water supply.

(k) Building Insurance

The accommodation must have buildings insurance. This must be valid for the duration of the licence.

(l) Public Liability Insurance

As a business, you must have public liability insurance. This must be valid for the duration of each short-term let agreement.

You should check the level of cover you need with the local council.

(m) Notice of Private Water Supply

If the accommodation has a private water supply the law says you must meet certain conditions.

This does not apply to accommodation with a mains water supply.

To make it possible for councils to deliver this licensing scheme, national legislation allows for councils to set fees that reflect the cost of delivering the service in their area. Fees for West Lothian were agreed at a meeting of the Council Executive on 20 December 2022. These are available in the fee schedule below.

¹ If an application is made for a full licence during the application period for a temporary licence for the same premises or during the period of effect of the temporary licence the fee paid for the temporary licence will be deducted from the full licence application fee.

² An inspection fee will only be charged if the council deems it necessary to inspect premises following a complaint.

Short-term Lets Policy and Fee Structure (PDF, 516 KB)(opens new window)

Please note the council's Short-term Lets policy is under review. Once finalised and approved this will replace the current policy. If you have any comments on elements you feel should be included or excluded please contact the Short Term Let team at stl@westlothian.gov.uk (opens new window)

Hosts are responsible for notifying residents and neighbours of their application for a new Short-term Let Licence, or their renewal of an existing Short-term Let Licence.

Applicants are required to display a Site Notice clearly at, or near the premises so that it can be conveniently read by the public, for a period of 21 days. The Site Notice and Certificate of Compliance will be sent with acknowledgement of an application once it has been determined it is competent application.

Objections may be made by neighbours or any other person who wants to raise an objection on the Short-term Let application. Competent grounds for objection may include:

• Concerns that the application is inaccurate or misleading
• Concerns about the safety of guests, neighbours or others
• Concerns about noise or nuisance; and
• Concerns the application runs contrary to other legal or contractual requirements

All objections or representations must:

• Be made in writing (including email and online objection form)
• Specify the ground(s) of the objection or nature of the representation;
• Specify the name and address of the person making it; and
• Be signed by the objector, or on their behalf

Objections or representations should be made within 28 days of Site Notice of the application being given.