The Association of Scotland’s Self-Caterers (ASSC) is encouraged by constructive and solution-focused discussions with the Scottish Government regarding the potential introduction of a new Use Class Order to bring clarity to planning law for self-catering accommodation and second homes in Scotland.
The current planning framework, which relies on an inconsistent and subjective “material change of use” test, has led to widespread legal uncertainty. Operators, planning authorities, and investors alike are left navigating a system without clear guidance, resulting in increased enforcement, costly appeals, and lost livelihoods—particularly among rural, women-led businesses.
To address these challenges, the ASSC has submitted a detailed proposal to amend the Town and Country Planning (Use Classes) (Scotland) Order 1997. The proposed framework would distinguish between:
The proposal is grounded in robust legal advice and offers a proportionate, workable solution that would align planning and licensing systems, reduce bureaucracy, and restore investor confidence. Leading legal professionals from Burness Paull LLP, Brodies LLP, and James Findlay KC have all expressed strong support for this reform as a way to ensure legal clarity and fairness.
Crucially, the ASSC and the Scottish Government have committed to exploring all available options. While no assurances can be given at this stage, this represents a welcome and positive step in the right direction.
Commenting on the discussions, Fiona Campbell MBE, CEO of the ASSC, said:
“This moment marks a genuine opportunity to bring legal clarity and consistency to an area of planning law that has caused confusion and harm to responsible operators across Scotland. I welcome the Scottish Government’s willingness to engage in a meaningful dialogue and to work collaboratively toward a practical and proportionate solution. While we cannot offer guarantees, this is an encouraging step in the right direction – one that recognises the importance of fair regulation, community balance, and the long-term health of Scotland’s visitor economy.”
The ASSC remains committed to supporting constructive reform that protects communities, provides certainty for planners and operators, and safeguards the future of Scotland’s dynamic and diverse self-catering sector.