The ASSC has written to the City of Edinburgh Council to challenge an unlawful documentation requirement included in the Short-Term Let Licence renewal process.
Members have reported that the Self-Declaration Document List issued by the Council requests an “Annual Emergency Lighting Certificate (Secondary letting only, for accommodation with 5 occupants and above)”. This condition is being applied to secondary letting licence renewals, yet it has no basis in the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022.
In a letter to the Council’s Head of Regulations, ASSC Chief Executive Fiona Campbell made clear that the requirement is both unlawful and oppressive, citing the landmark decision by Lord Braid in Averbuch & Ors v City of Edinburgh Council [2023] CSOH 35. At paragraph 60 of the ruling, Lord Braid confirmed that licensing authorities cannot impose conditions that are not grounded in the enabling legislation.
Fiona Campbell MBE, CEO of the ASSC said:
“We are deeply disappointed that in 2025, we are still having to challenge inequitable and unnecessary over-reach in the application of this scheme. Operators deserve regulatory clarity, not confusion, and certainly not unlawful obligations that increase cost and complexity without justification.”
The ASSC has formally requested that the Council remove this unlawful demand and urgently amend the self-declaration documents to reflect only those statutory requirements outlined in the 2022 Order.
We continue to monitor the situation and will update members as soon as a response is received. In the meantime, if you have been asked to provide this certificate, we encourage you to contact the ASSC with details so we can ensure members’ rights are upheld and respected.
For further information or to share your experience, please contact: communications@assc.co.uk