New Use Class Order Proposal: Clarifying Planning Law for Self-Catering and Second Homes

In April 2025, we submitted a formal policy proposal to the Scottish Government recommending the introduction of a new Use Class Order (UCO) to address legal uncertainty around planning rules for self-catering accommodation and second homes. Supported jointly by the Association of Scotland’s Self-Caterers (ASSC) and the Scottish Tourism Alliance (STA), the proposal seeks to amend the Town and Country Planning (Use Classes) (Scotland) Order 1997 to create:

• Class 9 – Principal Residential Homes (updated definition)
• Class 9(b) – Self-Catering Units
• Class 9(c) – Second Homes

This reform, deliverable via Scottish Statutory Instrument (SSI), is urgently needed to replace the subjective “material change of use” test with a clear, codified framework. It would:

• Resolve legal and administrative uncertainty;
• Reduce planning appeals and enforcement conflicts;
• Enable smoother reversion from short-term let to residential use;
• Strengthen alignment between planning and licensing systems;
• Restore confidence among operators, planners, investors, and lenders.

The proposal is underpinned by leading legal opinion from Burness Paull, Brodies LLP, and senior counsel James Findlay KC, who collectively confirm that Scotland’s current approach is flawed in law, policy, and practice.

We have submitted this proposal to the Minister for Public Finance, Ivan McKee MSP, and requested the establishment of a short-life stakeholder working group to co-develop the draft SSI. A full copy of the proposal was appended to our formal submission.

This advocacy initiative represents a significant step towards securing a legally robust, fair, and sustainable future for Scotland’s self-catering sector.