Short term lets

Fire safety is a legal duty and a critical safeguard for people using short-term let accommodation. Ensuring that appropriate measures are in place helps protect guests, property, and the wider community.

The short-term lets licensing scheme is mandatory for all short-term let accommodation across Scotland. This includes:

• Holiday cottages
• Bed and breakfasts and guest houses
• Rooms within a home
• Unconventional accommodation such as pods, cabins, or yurts

A licence is required regardless of how long the accommodation is let, whether for a single night or several months.

If you rent out premises as a short-term let, you have legal duties to ensure the safety of your guests and to protect them from harm caused by fire.

Short-term let premises used for sleeping accommodation are subject to fire safety duties under Part 3 of the Fire (Scotland) Act 2005.

These duties apply to the person who has control of the premises (the duty holder), which is usually the property owner or operator.

To operate a short-term let, duty holders must apply for a licence from their local authority.

• Licences are issued by local authorities, not SFRS
• Once a valid application is received, local authorities have up to nine months to make a determination

As part of the application process, duty holders must submit:

• A fire safety checklist
• Confirmation that a fire risk assessment is in place (some local authorities will require a copy of the fire risk assessment to be submitted)

Local authorities send fire safety checklists to SFRS for consultation.

Where no concerns are identified, this process is usually straightforward.

Where concerns are identified, SFRS will contact the duty holder directly.

Fire safety law requires duty holders to take reasonable fire safety measures to reduce the risk to occupants.

Key duties include:

• Ensuring an adequate fire risk assessment is in place
• Providing an appropriate fire detection and warning systems
• Ensuring safe means of escape are available and maintained
• Putting emergency procedures in place for guests

We provide guidance to support duty holders in understanding their legal responsibilities. This guidance explains what is expected but does not remove the duty holder’s responsibility for compliance.

• Practical Fire Safety Guidance – Sleeping Accommodation

Fire safety law requires the duty holder to ensure that a fire risk assessment is carried out and kept under review.

A fire risk assessment may be carried out:

• By the duty holder, only where they are competent to do so, or
• By a suitably qualified third-party fire risk assessor

If you are unsure whether you are competent, you should seek professional advice.

We do not carry out fire risk assessments on behalf of duty holders. Its role is to provide guidance, advice, and enforcement where necessary.

We may visit short-term let premises to:

• Ask about the fire risk assessment
• Examine fire safety measures
• Check that legal requirements are being met

Our specially trained staff will work with duty holders to support compliance and improve safety standards.

Where serious deficiencies are identified and not addressed, formal enforcement action may be taken in line with fire safety legislation.

Responsibility for fire safety rests with the duty holder. However, we work in partnership with property owners and operators to promote compliance and protect life.

Fire safety teams may visit premises to ensure that:

• Fire precautions are being maintained
• Legal requirements are being met
• Risks to guests are being properly controlled

Failure to take appropriate steps may result in formal enforcement action.

The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 came into force on the 1 October 2022. This legislation places a requirement on dutyholders, of short-term let (STL) premises, to apply for a licence in order to operate.

The Scottish Government has produced guidance for those applying for an STL licence, practical fire safety guidance for existing premises with sleeping accommodation with particular attention drawn to Annex 2: Small Bed and Breakfast and Self-catering Premises. Premises which sit outside the scope of Annex 2 may present higher risk to occupants and advice should be sought from your local Fire Safety Enforcement team.

In addition, dutyholders should be aware that changing the use of a dwelling house to provide short-term lets may constitute a material change of use and requiring planning permission. Further information is available at gov.scot.

For more information on licensing requirements, you can:

• Read the Short-term lets licensing scheme guide
• Use the Short-term lets checker tool on the mygov.scot to confirm whether you need a licence and which type applies to your premises.