Meet the safety conditions for a short-term let

Schedule 3 to the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 sets the mandatory conditions that every short-term let licence in Scotland is subject to. Your council can add further conditions of its own.

Fire and carbon monoxide

The property must have satisfactory equipment to detect fire and warn guests of it, and to detect carbon monoxide at a concentration that is hazardous to health. You must also keep records showing that every upholstered furnishing and mattress guests can use meets the Furniture and Furnishings (Fire Safety) Regulations 1988.

Gas safety

If the property has a gas supply, arrange an inspection of all gas pipes, flues and appliances every year. If an appliance fails the inspection, you must not let the property until the work to bring it up to standard is done. The gas safety report must give the date of the check, the address, each appliance and flue checked, any defect and the action taken, and the name and signature of the engineer with the registration number of the body approved by the Health and Safety Executive that they or their employer belong to.

Electrical safety

Electrical fittings and items that guests can use must be in reasonable repair and safe working order. A competent person must inspect the property at least every 5 years, or sooner if they direct, and produce an Electrical Installation Condition Report (EICR) on the fixed installations. A competent person must also produce a Portable Appliance Testing (PAT) report on moveable appliances that guests can use, and date, label and sign each appliance they have inspected. In deciding who is competent, you must have regard to Scottish Ministers' guidance under section 19B(4) of the Housing (Scotland) Act 2006.

Water safety

If a private water supply serves the property, you must meet the duties the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 place on owners of private dwellings. Whatever the supply, you must assess the risk of exposure to legionella in the property.

Safe and in good repair

You must take all reasonable steps to make sure the property is safe for residential use. Where Chapter 4 of Part 1 of the Housing (Scotland) Act 2006 applies, the property must also meet the repairing standard. The Order amended that Act so that a short-term let counts as a tenancy for these purposes.

Occupancy and insurance

The number of guests staying must never exceed the number on your licence. You must have valid buildings insurance for the whole life of the licence, and valid public liability insurance for the duration of each short-term let agreement.

Information guests must be able to see

Display the following in a place all guests can reach:

• a certified copy of the licence and its conditions
• fire, gas and electrical safety information
• how to summon the emergency services
• copies of the gas safety report, the EICR and the PAT report
• what to do if the carbon monoxide alarm sounds
• if there is a mobile gas cabinet heater, safety instructions for operating and moving it

Penalties

Failing to comply with a condition attached to your licence is an offence under section 7(2) of the Civic Government (Scotland) Act 1982, with a fine of up to level 3 on the standard scale (£1,000). It is a defence to show you used all due diligence to prevent it.