This briefing sets out the ASSC’s position that chalet parks should be classified as unconventional accommodation rather than dwellinghouses within Scotland’s short-term let (STL) licensing framework, in line with:
- The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2023 (SSI 2023/73)
- The Scottish Government’s Short-Term Lets Licensing Guidance (March 2026), Part 1 and Part 2
1. Legislative Framework
The Licensing Order defines a short-term let as the provision of “residential accommodation” to a guest for short-term use.¹
Crucially:
- The Order adopts a broad and inclusive definition
- It does not require accommodation to constitute a “dwellinghouse”
- It is designed to capture a range of accommodation types, including non-traditional forms
This establishes that classification as a dwellinghouse is not a prerequisite for inclusion within the licensing regime.
2. Role of Statutory Guidance (2026)
The March 2026 Scottish Government guidance reinforces a functional and use-based interpretation of accommodation.
It makes clear that:
- Licensing applies to all types of accommodation used for short-term letting, irrespective of form or structure²
- The determining factor is the nature of use and operation, rather than physical appearance³
The guidance also explicitly recognises non-traditional accommodation types, including:
- Pods
- Cabins
- Lodges
- Other similar structures⁴
These are commonly described as “unconventional accommodation” within practice.
3. Chalet Parks Do Not Constitute Dwellinghouses
In Scottish planning and legal context, a dwellinghouse is generally understood to be:
- A unit capable of independent and permanent residential occupation
- Lawfully usable as a sole or main residence
Chalet parks do not meet this threshold.
3.1 Planning Restrictions
Chalet parks are typically subject to planning permissions which:
- Restrict use to holiday or short-term occupation
- Prohibit use as a principal residence
As the 2026 guidance emphasises, licensing authorities must have regard to planning status and lawful use⁵.
Accordingly:
Accommodation which cannot lawfully be used for residential occupation cannot properly be characterised as a dwellinghouse.
3.2 Lack of Residential Function
Chalet units:
- Are not designed or authorised for permanent habitation
- Frequently operate under seasonal occupancy restrictions
- Do not provide the legal or practical basis for residential tenure
Their function is therefore transient and tourism-based, not residential.
4. Chalet Parks as Unconventional, Site-Based Accommodation
4.1 Operational Characteristics
Chalet parks are characterised by:
- Centralised ownership or management
- Shared infrastructure and services
- Collective operation as a single tourism enterprise
The 2026 supplementary guidance (Part 2) recognises that licensing authorities may:
Consider licensing approaches that reflect multiple units operating under single control⁶
This is directly applicable to chalet parks.
4.2 Analogy with Recognised Unconventional Accommodation
The guidance identifies pods, cabins and lodges as examples of non-traditional accommodation.⁴
Chalet parks are:
- Structurally comparable to lodges or cabins
- Operationally identical to managed holiday park accommodation
It would be inconsistent to:
- Treat individual cabins as unconventional,
- While treating a site of materially identical units as dwellinghouses
5. Regulatory Coherence
Interpreting chalet parks as dwellinghouses would:
- Conflict with planning law restrictions
- Undermine the broad scope intended by SSI 2023/73
- Introduce inconsistency across licensing authorities
Conversely, classifying them as unconventional accommodation:
- Aligns with the inclusive definition of residential accommodation in the Order¹
- Reflects the use-based approach in the 2026 guidance²³
- Supports coherent, site-based licensing decisions⁶
6. Conclusion
On a proper interpretation of:
- The Licensing Order (SSI 2023/73), and
- The Scottish Government’s 2026 STL guidance
Chalet parks:
- Constitute residential accommodation for the purposes of STL licensing, but
- Do not meet the definition of a dwellinghouse in planning or legal terms
- Are subject to holiday-use restrictions
- Operate as managed, site-based tourism accommodation
They should therefore be properly classified as unconventional accommodation within Scotland’s short-term let licensing framework.
Footnotes
- Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2023 (SSI 2023/73), Article 3, definition of “short-term let” and “residential accommodation”:
https://www.legislation.gov.uk/ssi/2023/73/made
- Scottish Government (2026), Short-Term Lets Licensing Scheme: Part 1 – Guidance for Hosts and Operators, confirming that licensing applies to accommodation used for short-term letting regardless of type:
https://www.gov.scot/publications/short-term-lets-licensing-scheme-part-1-guidance-hosts-operators/
- Scottish Government (2026), Part 1 Guidance, emphasis on assessing use and operation rather than physical characteristics.
- Scottish Government (2026), Part 2 – Supplementary Guidance for Licensing Authorities, examples of non-traditional accommodation including pods, cabins and lodges:
https://www.gov.scot/publications/short-term-lets-licensing-scheme-part-2-supplementary-guidance-licensing-authorities-letting-agencies-booking-platforms/
- Scottish Government (2026), Part 2 Guidance, requirement for licensing authorities to consider planning status and lawful use in determining applications.
- Scottish Government (2026), Part 2 Guidance, recognition of site-based and multi-unit licensing approaches under single ownership or control.
Author of guidance: ASSC
Date of guidance: 17th April 2026
Version Number: V1
Disclaimer – Guidance Sheets are written by experienced Members of the ASSC and other experts. The information in the ‘Guidance Sheet’ is provided by the ASSC for use by Members in support of their own independent business decisions. It does not constitute advice or instruction for which the ASSC can be held liable in any way whatsoever. All Members and other readers remain responsible for the consequences of any decisions taken whether in the light of information gained from this Guidance Sheet or not.