Planning Permission Requirements for Change of Use from Short-Term Let to a Single Residential Dwellinghouse – NEW May 2025

The change of use from a short-term let (STL) to a single residential dwellinghouse is increasingly subject to planning scrutiny. While it might seem intuitive that reverting to residential use should be straightforward, in practice, planning authorities may still require formal planning permission—particularly where the original permission contains restrictions or conditions tied to holiday use. 

Use Classes and Material Change of Use 

• In Scotland, short-term lets are classed as sui generis (a use class of their own), whereas a typical dwellinghouse falls under Class 9. 

• The need for planning permission hinges on whether the change from STL to residential is considered a “material change of use”. 

• A material change depends on the facts and degree of change—a legal and planning judgement, rather than a fixed rule. 

When is Planning Permission Required? 

Planning permission will likely be required if: 

• The property was originally built or approved specifically for holiday use, and 

• There are conditions or restrictions in the original permission (e.g., occupancy limited to holiday use only). 

• The change of use conflicts with conditions stated in the description of development, approved plans, or planning conditions. 

Policy Considerations 

To secure permission, the application must align with: 

• National Planning Framework 4 (NPF4) policies. 

• The relevant Local Development Plan policies and adopted planning guidance. 

• Local planning policies typically support both tourism and housing, so outcomes depend on: 

• Local housing need and supply. 

• Location-specific policies (e.g., rural development, settlement boundaries). 

• Site-specific factors: access, parking, amenity space, flooding, and affordable housing obligations. 

Alternative Route – Certificate of Lawfulness 

If the residential use is not restricted by planning conditions (e.g., the original use was as a house), or by the description of the original permission for the property or the approved plans, a Certificate of Lawfulness may be pursued instead.   

• This route requires proof that the change is not material, which is a legal determination, not a policy-based one. 

• However, there are no guarantees—as shown by inconsistent decisions across planning authorities and the DPEA (Scottish planning appeals). 

Generally, Certificates of Lawfulness may also be sought for the change of use of any building to use as a single dwellinghouse after four years from the date of the change of use taking place.  Evidence of the four years of continuous use, dated back from the date of the application submission is required.  Professional planning advice should be sought regarding any specific matters relating to planning conditions, descriptions and plans before making a submission.  

Other Considerations – Building Standards 

Some STL properties, particularly purpose-built holiday units, may not meet building standards required for permanent residential use. Even if planning permission is granted, building warrant upgrades may be necessary. 

Conclusion 

Changing a property from STL to residential use is not necessarily straightforward. If the original planning permission ties the property to holiday use, formal permission will almost certainly be required. Each case depends on a combination of legal, policy, and site-specific factors. Early assessment of the planning history and policy context is essential before proceeding. 

It is also worth noting that to change the use of a property without planning permission, where it is needed, is unauthorised and local planning authorities have legal powers of enforcement.  Therefore, it is always recommended that contact is made with the relevant local planning authority either through a Development Query or a Preapplication Query before changing the use of a property.  Not all Council’s charge for this service and it can help inform which would be the most appropriate route to take for each individual case.   

If necessary, the services of a Chartered Town Planning Consultant can be sought to guide and assist you through the planning process and prepare any Development Queries, Preapplication Queries, Planning Applications or Certificates of Lawfulness Applications. 

Author of Guidance: ASSC and Jane Shepherd, TheTownPlanner Ltd
Date of Guidance: May 2025
Contact Details: jane@thetownplanner.co.uk, 01479 872953
Website: www.thetownplanner.co.uk 

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 or TheTownPlanner Ltd 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.