ASSC Statement: Planning Permission and Certificates of Lawfulness

The Association of Scotland’s Self-Caterers (ASSC) is aware of increasing instances where licensing authorities are advising applicants that planning permission or a Certificate of Lawfulness (CoL) is required as part of the short-term let licensing process. 

It is important to be clear: not all short-term letting uses require planning permission. In fact, many do not. 

A Certificate of Lawfulness is one mechanism by which an operator can demonstrate that their use is lawful and that planning permission is not required. However, this is not a universal requirement and should not be treated as such. 

We are concerned that, in some cases, applicants are being encouraged or directed to seek planning permission or a CoL without clear justification. This risks creating a de facto requirement where none exists in law. 

Operators should be aware of the following: 

• There is no automatic obligation to obtain planning permission or a Certificate of Lawfulness. 
• The burden of proof does not sit with the operator to prove a negative. It is for the planning authority to determine and justify why planning permission would be required in a given case. 
• Requests for planning should be evidence-based, not speculative or precautionary. 

Where an authority indicates that planning permission may be required, operators are strongly encouraged to: 

1.Request a clear written explanation from the planning authority setting out: 

• Why the use is considered to constitute a material change of use 
• What specific planning harm or policy conflict is being identified 

2.Seek professional advice where appropriate, particularly in more complex cases or where enforcement is threatened.

3.Stand firm where no justification is provided. A generalised or blanket assertion is not sufficient grounds to compel an application. 

It is also important to recognise that planning and licensing are separate regulatory regimes. Holding or applying for a licence does not, in itself, determine planning status, nor does licensing create a new obligation to secure planning permission where one does not otherwise exist. 

ASSC continues to advocate for proportionate, evidence-based regulation and urges local authorities to apply planning controls consistently, transparently, and in accordance with established law. 

We encourage all members to engage constructively but confidently, ensuring that any requirements placed upon them are properly justified and legally grounded.