Regulations & Rules for Holiday Lets
YourCompliance has compiled a definitive report on everything a holiday let owner or property manager needs to do to operate a legal business. The holiday rental regulations differ depending on where your property is located. The rules & regulations are often updated by both central and devolved governments and it is important that holiday let owners understand their legal obligations.
Do I Need A Holiday Let License to Operate?
Scotland: In Scotland, all holiday rentals must have a valid license to operate. Starting from October 1, 2022, all new holiday let owners in Scotland must obtain a license from the relevant authorities before renting out their property to guests. Those who were already letting their property before this date have until September 30, 2023, to apply for a licence. By July 1, 2025, all short-term lets must be licensed. More information on Scottish holiday rental regulations can be found here.
England & Wales: Currently, there is no licensing scheme in either England or Wales for Holiday rentals. However, the previous Conservative Government & the current Labour Government have committed to introduce the scheme in the near future. There is currently a parliamentary consulting process being undertaken and it is likely that the licensing scheme will be live in 2026. More information on England & Wales holiday rental regulations can be found here.
Do I Need Planning Permission to Operate a Holiday Let?
Planning permission is required only when proposed changes meet the statutory definition of “development,” which may also include demolition. Short-term holiday lets fall under Use Class C3.
Certain structures are subject to specific restrictions, and the intended use of the building is also considered. If you plan to construct a building for paying guests, you must ensure that planning permission explicitly allows this use.
Approval is typically granted through a building license outlining the proposed plans. Undertaking work without permission carries risks, and unauthorized buildings are often subject to demolition. To avoid complications, it is essential to secure approval before starting any construction.
Are there any Health & Safety Laws that affect Holiday Rentals?
Any business, whether a short term rental or not, is legally obligated to ensure a safe environment for staff and customers. Health & Safety is often an overlooked aspect of running a holiday rental or a property management company.
There are many areas that legislation covers that affects holiday rental owners from fire safety, hot tubs, water safety and more. With the imminent introduction of the short term rental licensing scheme in England & Wales this is likely to bring compliance to the forefront of property owners and mangers minds.
”We aim to get up a statutory registration system for short-term lets very soon, not least because we want to make sure that local authorities have all the data that they need to assess local accommodation needs, and so that there is a level playing field for different kinds of accommodation.
Chris BryantMinister for Tourism
Health & Safety – Your Obligations
Owner Responsibility: General Health & Safety
Owners should apply the same level of health & safety as any other business in England, Wales or Scotland. It is good practice to leave emergency contacts on display, install child safety gates, ensure that blinds are cordless, install non slip tiles around the pool and bath areas and ensure the property is as accessible as possible.
Whilst these are not legal obligations, they will help mitigate legal issues if a guest has an accident in the property whilst renting. With this in mind, owners should always ensure they have Public Liability Insurance to protect the guest and themselves in the event of an accident. Read more about Holiday Rental Insurance here.
Fire Risk Assessments: Regulatory Reform (Fire Safety) Order 2005
If you are a holiday rental owner and offer a paid accommodation then you are legally responsible to carry out a Fire Risk Assessment.
The legislation does not state this needs to be carried out by a professional but by doing this it offers additional legal protection in the event of a fire. A Fire Risk Assessment is a thorough evaluation of your property, considering the types of occupants and any vulnerable guests, such as young children, elderly individuals, or those with disabilities. It identifies potential fire hazards and outlines the necessary measures to minimize or eliminate these risks. It is important to maintain a written record of the assessment and review it regularly, ideally on an annual basis.
The best practice for storing Fire Risk Assessment within Holiday Rental rules is digitally to ensure no files are lost. In the event of an inspection a holiday let owner maybe asked to produce back dated Fire Risk Assessments for up to 7 years.
The government guidance for England and Wales advises placing a fire extinguisher near the stairs on each floor and keeping a fire blanket in the kitchen of smaller properties. Regularly check this equipment to ensure it is in working order, and provide clear instructions for guests on how to use it. Additionally, include a warning that these measures are only suitable for handling very small fires. Consider offering a straightforward evacuation plan for guests as well.
When it comes to fire safety it is recommended to not adhere to the legal minimum requirements but to do everything to ensure the safety of your guests and staff.
Fire Safety Measures: Holiday Rental Regulations
As a business owner or responsible person for a holiday let, you have a duty to comply with the requirements of the Regulatory Reform (Fire Safety) Order 2005 (“the FSO”).
Holiday Rental Owners must follow strict laws and guidance in accordance with the legislation in the area the property is located.
England: Fire Regulations for Holiday Rentals
– Electrical wiring should be tested every five years as per guidance recommendations.
– Portable Appliance Tests (PAT) should be conducted annually.
– Properties must have appropriate fire detection systems, such as hard-wired smoke or heat detectors. It is advised that smoke detectors be mains-wired with a battery backup.
– Annual gas safety inspections and a valid gas safety certificate are legally required.
– If staff are present on-site or visit regularly, firefighting equipment should be provided. While guests are not expected to use such equipment, a small multi-purpose fire extinguisher and/or a fire blanket in the kitchen area may be beneficial.
Scotland: Fire Regulations for Holiday Rentals
– A five-yearly Electrical Installation Condition Report (EICR) is a legal requirement.
– Portable Appliance Tests (PAT) are legally required, with guidance recommending they be conducted annually.
– Properties must have smoke detectors on each floor, as well as in every living room and separate dining room. For properties with more than three bedrooms, smoke detectors should also be installed in each bedroom. In Scotland, a heat detector is additionally required in the kitchen.
– Annual gas safety inspections and a valid gas safety certificate are legally required.
– Property owners must maintain records demonstrating that upholstered furnishings and mattresses comply with holiday let fire regulations, where applicable.
– Properties must be equipped with suitable fire-fighting equipment and effective warning systems in case of fire.
Wales: Fire Regulations for Holiday Rentals
– Electrical wiring should be tested every five years.
– Portable Appliance Testing (PAT) should be conducted annually.
– Properties must have adequate fire detection, such as hard-wired smoke or heat detectors. Battery-powered detectors are only acceptable in the smallest accommodations.
– Annual gas safety inspections are legally required.
– If staff are present on-site or visit regularly, suitable firefighting equipment must be provided. Multi-purpose extinguishers with a five-year guarantee are available at major DIY stores. Regularly check the pressure gauge for leaks. Low-maintenance 10-year extinguishers are also an option. Avoid multi-purpose powder extinguishers, as they are unsuitable for enclosed spaces.
– In Powys, Wales, additional fire suppression system requirements apply. Check with your local fire service for further guidance in other areas.
– All new properties must have a fire sprinkler system. Converted properties subject to planning or building control regulations must also include one. In Powys, any new holiday let requiring approval must be equipped with a sprinkler system.
Northern Ireland: Fire Regulations for Holiday Rentals
– Electrical wiring should be tested every five years.
– Portable Appliance Testing (PAT) should be conducted annually.
– Annual gas safety inspections are legally required.
– A fire blanket must be provided in the property. Adding a fire extinguisher is recommended for extra protection.
Ireland: Fire Regulations for Holiday Rentals
– Electrical wiring should be tested every five years.
– Portable Appliance Testing (PAT) should be conducted annually.
– Smoke detectors should be either mains-wired with a battery backup or have a 10-year self-contained battery.
– Annual gas safety inspections are legally required.
– A fire blanket must be provided in the property, and adding a fire extinguisher is recommended for extra protection.
Electrical Safety for Holiday Lets
Electrical safety is crucial in reducing fire risks, as electrical faults are a leading cause of household fires. As a property owner, you have a duty of care to ensure your guests stay in a safe environment. Electrical equipment and wiring deteriorate over time, making regular inspections essential.
Electrical Safety Regulations
Unlike gas safety, landlords in England and Wales are not legally required to obtain an Electrical Safety Certificate. However, in Scotland, this is a legal requirement. Regardless of location, best practices suggest that:
– A qualified electrician should conduct a five-year electrical safety check on all fixed electrics.
– Facilities like swimming pools, hot tubs, saunas, and steam rooms should undergo an annual electrical safety check.
– Any identified issues requiring maintenance must be addressed promptly.
– Faulty electrical equipment must be removed from the property.
– Trailing cables should be secured to prevent tripping hazards.
– All electrical items, including phone chargers, should be sourced from reputable suppliers.
Additionally, leaving clear instructions or handbooks for appliances can help guests use them correctly, reducing potential risks.
Holiday Lets & PAT Testing – All You Need to Know
Portable Appliance Testing (PAT) is not legally required for holiday rentals in England and Wales but is mandatory in Scotland. While not a legal obligation, PAT testing enhances fire safety by identifying electrical faults that could pose a danger to guests and the property.
PAT testing involves inspecting all plug-in electrical appliances, such as toasters, microwaves, cookers and lamps. Best practices include:
– Annual PAT testing by a qualified electrician, with each item labeled as a pass or fail.
– Visual inspections of electrical appliances between guest changeovers.
– Keeping a record of all inspections to demonstrate compliance.
Electrical Safety Certificates – Best Practice
Although not legally required, obtaining an Electrical Safety Certificate is strongly encouraged. A certificate confirms that a professional inspection has been carried out, proving you have met your duty of care as a holiday let owner.
How Regularly Should You Do An Inspection?
– A full electrical inspection is recommended at least every five years.
– High-traffic holiday properties may benefit from more frequent checks.
– Informal inspections should be done regularly, ideally during changeovers, using a checklist to identify hazards.
Electrical Safety Devices
Using Residual Current Devices (RCDs) adds an extra layer of protection for guests. An RCD monitors electrical flow and shuts off power instantly if it detects a fault, such as electricity being diverted through a person’s body.
– RCDs can be installed in fuse boxes, sockets, or plug adaptors.
– Since July 2008, all new homes or rewired properties must include RCD protection. If your property was built before this, consider an inspection and possible upgrades.
– RCDs should be tested regularly using the “test” button, following manufacturer instructions.
For improved safety, consider adding RCD protection in high-risk areas like kitchens, bathrooms, and near pools or hot tubs. This check can also be included in your changeover checklist.
By following these best practices, you can ensure your holiday let meets high safety standards, providing guests with a secure and enjoyable stay.
Gas Safety Regulations for Holiday Lets
Properties in the UK typically rely on gas for central heating and cooking appliances. Gas carries potential risks, including fire, explosions, gas leaks, and carbon monoxide poisoning.
To protect guests and comply with legal requirements, holiday rental owners must follow gas safety regulations and ensure that all gas appliances are properly maintained.
Gas Safety Certificate – Do You Need One?
Whether you own a holiday let or a long-term rental property, the legal responsibilities remain the same. As a landlord, you are required by law to hold a valid Gas Safety Certificate to ensure the safety of your guests.
The Gas Safety (Installation and Use) Regulations 1998 states that landlords must do the following
– Ensure that all gas appliances, fittings, chimneys, and flues are regularly inspected and maintained.
– Use only a Gas Safe-registered engineer to carry out inspections.
– Keep a written or digital record of inspections for at least two years.
A Gas Safety Certificate, also known as (CP12) is issued following an inspection by a Gas Safe-registered engineer. The inspection assesses all gas appliances, pipework, flues, and liquefied petroleum gas (LPG) appliances to ensure they are safe for use.
If flues are concealed behind walls or ceilings, inspection hatches should be installed to allow proper checks.
A Gas Safety Certificate includes:
– A list of all appliances checked.
– The location of each appliance.
– The results of the safety checks.
A Gas Safety Certificate must be renewed every 12 months. However, you can schedule your next inspection up to two months before your current certificate expires without changing the renewal date.
Holiday rental owners must do the following:
– Keep copies of your Gas Safety Certificates for a minimum of two years (though maintaining a long-term record is recommended).
– Display a copy of the certificate in a visible location within the property.
– Inform guests on how they can request a copy.
Carbon Monoxide Safety & Holiday Rental Regulations
To protect guests, carbon monoxide detectors must be installed in key areas of the property. These alarms provide an early warning if CO levels become dangerous.
Requirements for CO Alarms:
– Install audible carbon monoxide detectors in every room where gas or oil is burned.
– Place detectors in rooms with wood burners or open fires.
– In Scotland, detectors are required in every room with a flue running through it.
– Follow the manufacturer’s installation guidelines for correct placement.
Oil Safety Regulations for Holiday Lets
Many holiday cottages are in remote locations and rely on oil rather than gas. Like gas appliances, faulty oil appliances can cause Carbon Monoxide poisoning.
Holiday let owners are not legally required to obtain an Oil Safety Certificate. However, it is advisable to have appliances and equipment inspected by an OFTEC Registered Technician, who can provide an OFTEC CD/12 Landlord Oil Installation Check form.
Servicing Oil-Fired Appliances
According to BS 5410 regulations, oil-fired appliances and equipment must be serviced regularly, following the manufacturer’s guidelines—typically every 12 months.
It is also recommended to frequently check storage tanks and supply pipes for leaks.
Swimming Pool & Hot Tub Regulations
Having a swimming pool or hot tub can make your holiday let more appealing to guests, but both come with potential risks if not properly maintained or secured.
To minimize hazards, conduct a thorough risk assessment to ensure your pool is safe and well-managed. Take precautions such as displaying safety signs, identifying and addressing slip or trip risks, and providing clear house rules for pool use. Installing a fence around the pool can add an extra layer of protection. Additionally, follow the Health and Safety Executive (HSE) guidelines for swimming pool safety to enhance security and prevent accidents.
Hot Tub Regulation in a Holiday Let
Adding a hot tub to a holiday rental can significantly boost visibility on OTA platforms and increase nightly rental rates. However, property owners must be aware of the legal requirements associated with operating a holiday let with a hot tub. Under the Health & Safety at Work Act 1974, owners are legally obligated to comply with safety regulations when providing a hot tub for guest use.
Compliance Checks
While many online resources discuss hot tub maintenance, they often focus on personal use, which differs from the requirements for short-term rental properties. Domestic guidelines suggest checking a hot tub 3–4 times a week, but for commercial use, more frequent testing is required.
According to Health & Safety Guidance 282 (HSG 282), hot tub operators should perform chemical tests at least twice daily to ensure water quality and safety.
Hot Tub Maintenance & Testing
1. Chemical Levels
Operators must regularly monitor and balance the following:
- Chlorine or Bromine levels
- pH balance
- Alkalinity
- Water Hardness
2. Monthly/Quarterly Biological Testing
To minimize health risks, operators should conduct routine bacterial testing, including:
- Legionella testing to prevent Legionnaires’ disease
- Additional checks for harmful bacteria that may cause illness
Record Keeping
Maintaining accurate records of all tests and maintenance activities is essential for compliance and guest safety. Regular documentation helps demonstrate due diligence and adherence to legal requirements
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