Starting a short-term lets business in Scotland
- 3 steps
UK Act of Parliament
1997
United Kingdom
Town and Country Planning (Scotland) Act 1997
At a glance
Enforced by
Local Authority, Scottish Government, NatureScot, UK Government, HES
What's here
77 compliance obligations, 7 practical guides across 3 topics · 5 journeys · 1 statutory instrument
Penalty landscape
11 of 77 obligations carry an unlimited fine. 12 carry different penalties and 54 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 26
- Landlord 2
- Trader 1
- Statutory Undertaker 1
- Applicant 1
- Occupier 1
- Director or Officer 1
Plus 44 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Business essentials for Scotland
- 2 steps
Scotland Airbnb compliance checklist
- 1 step
Development affecting protected species in Scotland
- 1 step
Construction near a heritage site in Scotland
- 2 steps
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
3 guidesSupporting — topic alignment
3 guidesMentioned in related content
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Landlords also bound by 70 other Acts (top 5 shown)
- Fire Safety (England) Regulations 2022 2022 59 duties
- Renting Homes (Wales) Act 2016 2016 33 duties
- Housing Act 1985 1985 31 duties
- Housing (Scotland) Act 2006 2006 14 duties
- Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 2015 10 duties
Traders also bound by 219 other Acts (top 5 shown)
- Value Added Tax Regulations 1995 1995 952 duties
- TULRCA 1992 1992 39 duties
- Companies Act 2006 2006 39 duties
- Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 2013 39 duties
- The Customs (Import Duty) (EU Exit) Regulations 2018 2018 33 duties
Statutory Undertakers also bound by 21 other Acts (top 5 shown)
- Water and Sewerage Services (Northern Ireland) Order 2006 2006 43 duties
- Water Industry Act 1991 1991 38 duties
- The Street Works (Northern Ireland) Order 1995 1995 13 duties
- The Water Supply (Water Quality) Regulations 2000 2000 12 duties
- New Roads and Street Works Act 1991 1991 11 duties
Applicants also bound by 146 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 22 duties
- Value Added Tax Regulations 1995 1995 20 duties
- Human Medicines Regulations 2012 2012 20 duties
- Space Industry Regulations 2021 2021 12 duties
- Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 2017 10 duties
Occupiers also bound by 101 other Acts (top 5 shown)
- Regulatory Reform (Fire Safety) Order 2005 (England/Wales comparison) 2005 23 duties
- Fire Safety (Scotland) Regulations 2006 2006 21 duties
- Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 2006 15 duties
- Nitrate Pollution Prevention Regulations 2015 2015 13 duties
- Highways Act 1980 1980 12 duties
Directors and Officers also bound by 224 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 22 duties
- CAICEA 2004 2004 18 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1A — National Planning Framework
National Planning Framework
Other duties (1) — Crown / regulator
- Scottish Ministers must produce a National Planning Framework Crown / Minister / Government department
Duty to review the National Planning Framework
Other duties (1) — Crown / regulator
- Scottish Ministers must review the National Planning Framework Crown / Minister / Government department
Key agencies to co-operate
Other duties (1) — Crown / regulator
- Key agencies must co-operate with Scottish Ministers on the planning framework Statutory regulator
Browse 7 other sections in this Part — procedural / definitional / commencement
Revising the framework: participation statement and considerations
Information to assist preparation of National Planning Framework
Proposals for National Planning Framework: Parliamentary consideration
National Planning Framework to be laid before Parliament
National Planning Framework: procedure
Amendment of National Planning Framework
Sustainable development: exercise of functions by Scottish Ministers
Part I — Administration
Planning authorities: chief planning officer
Other duties (1) — Crown / regulator
- Planning authorities must appoint a qualified Chief Planning Officer Local authority
Browse 3 other sections in this Part — procedural / definitional / commencement
Part II — Development Plans
Greenhouse gas emissions policies
Other duties (1) — Crown / regulator
- Local planning authorities must require low-carbon designs in development plans Local authority
Regional spatial strategies
Other duties (1) — Crown / regulator
- Local authorities must prepare and consult on regional spatial strategies Local authority
Duties to have regard to regional spatial strategies
Other duties (1) — Crown / regulator
- Local authorities must consider regional spatial strategies in development plans Local authority
Review of local place plans
Other duties (1) — Crown / regulator
- Scottish Ministers must review and report on local place plans Crown / Minister / Government department
Preparation and monitoring of local development plans: general
Other duties (1) — Crown / regulator
- Local authorities must prepare and monitor local development plans Local authority
Participation of children and young people in local development plan
Other duties (1) — Crown / regulator
- Local authorities must involve young people in development planning Local authority
Play sufficiency assessment
Other duties (1) — Crown / regulator
- Local authorities must assess play opportunities for children Local authority
Publication of list of persons seeking land for self-build housing
Other duties (1) — Crown / regulator
- Planning authorities must maintain and publish a self-build housing list Local authority
Examination under section 19(3): further provision
Other duties (1) — Crown / regulator
- Local Authority must prepare a new development plan if housing land is insufficient Local authority
Publication of and publicity for local development plan
Other duties (1) — Crown / regulator
- Local Authority must publish and advertise newly created development plans Local authority
Browse 37 other sections in this Part — procedural / definitional / commencement
Sustainable development
Open space strategy
Strategic development planning authorities
Regional spatial strategies: first strategy, review and revision
Directions to prepare or review regional spatial strategies
Guidance for regional spatial strategies
Strategic development plan area
Re-determination of boundary of strategic development plan area
Form and content of strategic development plan
Preparation of strategic development plan etc. : general
Main issues report for preparation of strategic development plan
Preparation and publication of proposed strategic development plan
Alternative proposals
Examination of proposed strategic development plan
Further provision as regards examination under section 12(2)
Proposed strategic development plan: approval or rejection
Publication of and publicity for strategic development plan
Form and content of local development plans
Preparation of local development plan: invitation to prepare local place plans
Evidence report for preparation of local development plan
Effective community engagement: guidance
Main issues report for preparation of local development plan
Preparation and publication of proposed local development plan
Examination of proposed local development plan
Further provision as regards examination under section 19(4)
Constitution of local development plan
Amendment of local development plan
Development plan schemes
Delivery programmes
Supplementary guidance
Disregarding of representations with respect to development authorised by or under other enactments
Regulations under this Part
Default powers of the Scottish Ministers
Reviews of plans in enterprise zones
Meaning of “key agency”
Meaning of “development plan”
Status of development plan
Part III — Control over Development
Notification of initiation of development
- Notify the planning authority before starting development Any Person
Notification of completion of development
- Notify the planning authority when a development or phase is complete Any Person
Display of notice while development is carried out
- Display a site notice during development Any Person
Notice etc. of applications to owners and agricultural tenants.
Unlimited fine- Submit false planning application certificate Any Person
Pre-application consultation: compliance
- Submit a proposal of application notice for major developments Applicant
Pre-application consultation report
- Prepare and submit a pre-application consultation report Any Person
Registers of applications etc.
Other duties (1) — Crown / regulator
- Local planning authorities must maintain public registers of applications Local authority
Lists of applications
Other duties (1) — Crown / regulator
- Local planning authorities must maintain and publish lists of applications Local authority
Declining to determine an application: further provision
Other duties (1) — Crown / regulator
- Scottish Ministers must provide guidance on repeat planning applications Crown / Minister / Government department
Conditional grant of planning permission: noise-sensitive developments
Other duties (1) — Crown / regulator
- Local Authority must protect existing venues from noise mitigation costs Local authority
Duty to draw attention to certain provisions for benefit of disabled.
Other duties (1) — Crown / regulator
- Local Planning Authority must highlight accessibility requirements Local authority
Call-in of applications by Scottish Ministers: further provision
Other duties (1) — Crown / regulator
- Scottish Ministers must publish criteria for calling in planning applications Crown / Minister / Government department
Termination of planning permission by reference to time limit: completion notices.
Other duties (1) — Crown / regulator
- Planning authority may issue a completion notice for unfinished developments Local authority
Orders requiring discontinuance of use or alteration or removal of buildings or works.
Other duties (1) — Crown / regulator
- Planning authority may order the removal of buildings or stop land use Local authority
Confirmation by Secretary of State of section 71 orders.
Other duties (1) — Crown / regulator
- Secretary of State must confirm orders to stop land use or remove buildings Crown / Minister / Government department
Planning obligations
Fine up to £1,000- Wilfully obstruct planning authority carrying out works Any Person
Browse 71 other sections in this Part — procedural / definitional / commencement
Meaning of “development”.
Hierarchy of developments
Marine fish farms: circumstances referred to in section 26(1)
Power by order to provide marine fish farming is not “development”
Material change of use: short-term lets
Time when development begun.
Development requiring planning permission.
Granting of planning permission: general.
Development orders: general.
Permission granted by development order.
Planning permission in respect of operation of marine fish farm
Applications for planning permission
Variation of application other than one referred to the Scottish Ministers
Variation of application referred to the Scottish Ministers
Planning permission for development already carried out.
Notice requiring application for planning permission for development already carried out
Notice by planning authority of certain applications made to them
Pre-application consultation: preliminary
Determination of applications: general considerations.
Consultations in connection with determination of applications.
Pre-determination hearings
Declining to determine an application
Assessment of environmental effects.
Conditional grant of planning permission.
Conditional grant of planning permission: provision of toilet facilities within certain large developments
Determination of applications to develop land without compliance with conditions previously attached.
Directions etc. as to method of dealing with applications.
Local developments: schemes of delegation
Matters which may be raised in a review under section 43A(8)
Effect of planning permission.
Call-in of applications by Secretary of State.
Right to appeal against planning decisions and failure to take such decisions.
Matters which may be raised in an appeal under section 47(1)
Determination of appeals.
Simplified planning zones.
Alteration of simplified planning zone schemes.
Simplified planning zone schemes: conditions and limitations on planning permission.
Duration of simplified planning zone scheme.
Alteration of simplified planning zone scheme.
Exclusion of certain descriptions of land or development.
Making and alteration of schemes
Scheme grants planning permission, etc.
Content of schemes: self-build housing
Effect of altering scheme
Further provision about effect of scheme
Interpretation of provisions about schemes
Planning permission for development in enterprise zones.
Effect on planning permission of modification or termination of scheme.
Development with government authorisation.
Duration of planning permission
Planning permission in principle
Provisions supplementary to sections 58 and 59.
Effect of completion notice.
Objection to completion notice
Power of Secretary of State to serve completion notice.
Power to vary planning permission.
Power to revoke or modify planning permission.
Procedure for section 65 orders: opposed cases.
Procedure for section 65 orders: unopposed cases.
Revocation and modification of planning permission by the Secretary of State.
Power to refer certain planning questions to Planning Inquiry Commission.
Power to refer certain planning questions to Joint Planning Inquiry Commission.
Power of the Secretary of State to make section 71 orders.
Review of mineral planning permissions.
Modification and discharge of planning obligations
Appeals
Planning obligations: continuing liability of former owner etc.
Good neighbour agreements
Good neighbour agreements: modification and discharge of obligations
Good neighbour agreements: appeals
Good neighbour agreements: continuing liability of former owner etc.
Part IV — Compensation for Effects of Certain Orders, Notices
Apportionment of compensation for depreciation.
Other duties (1) — Crown / regulator
- Local Authority must divide and notify you of compensation apportionments Local authority
Power to make provision for determination of claims.
Other duties (1) — Crown / regulator
- Secretary of State must establish rules for planning compensation claims Crown / Minister / Government department
Browse 10 other sections in this Part — procedural / definitional / commencement
Compensation where planning permission revoked or modified.
Compensation for refusal or conditional grant of planning permission formerly granted by development order.
Registration of compensation for depreciation.
Recovery of compensation on subsequent development.
Amount recoverable, and provisions for payment or remission.
Provisions for payment or remission of amount recoverable under section 80.
Compensation in respect of orders under section 71 etc.
Special basis for compensation in respect of certain orders affecting mineral working.
Lands Tribunal to determine claims if not otherwise provided.
General provisions as to compensation for depreciation under this Part.
Part V — Rights of Owners etc. to Require Purchase of Interests
Purchase notices: Crown land
- Offer private interests in Crown land to the Crown before serving a purchase notice Any Person
Action by planning authority on whom purchase notice is served.
Other duties (1) — Crown / regulator
- Planning authority must respond to purchase notices within 3 months Local authority
Action by Secretary of State in relation to purchase notice.
Other duties (1) — Crown / regulator
- Secretary of State must decide how to handle a valid purchase notice Crown / Minister / Government department
Scope of Chapter II.
Amended 1 timeNotice requiring purchase of blighted land.
Amended 2 timesCounter-notice objecting to blight notice.
Amended 1 timeFurther counter-notice where certain proposals have come into force.
Amended 1 time“Appropriate enactment” for purposes of Chapter II.
Amended 1 timeGeneral interpretation of Chapter II.
Amended 2 timesBrowse 28 other sections in this Part — procedural / definitional / commencement
Circumstances in which purchase notices may be served.
Circumstances in which land incapable of reasonably beneficial use.
Procedure on reference of purchase notice to Secretary of State.
Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.
Effect of Secretary of State’s action in relation to purchase notice.
Special provisions as to compensation where purchase notice served.
Counter-notice requiring purchase of remainder of agricultural unit.
Effect of counter-notice under section 96.
Provisions supplemental to sections 96 and 97.
Interpretation of Chapter I.
Reference of objection to Lands Tribunal: general.
Effect of valid blight notice.
Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.
Withdrawal of blight notice.
Special provisions as to compensation for acquisition in pursuance of blight notice.
Inclusion in blight notice of requirement to purchase part of agricultural unit unaffected by blight.
Objection to section 109 notice.
Effect of section 109 notice.
Powers of successors in respect of blight notice.
Power of heritable creditor to serve blight notice.
Prohibition on service of simultaneous notices under sections 101, 112 and 113.
Special provisions as to partnerships.
Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.
Power of Secretary of State to acquire land identified in national policy statements where blight notice served
Saving for claimant’s right to sell whole hereditament, etc.
No withdrawal of constructive notice to treat.
Meaning of “owner-occupier” and “resident owner-occupier”.
“Appropriate authority” for purposes of Chapter II.
Part VI — Enforcement
Expressions used in connection with enforcement.
Amended 3 timesPower to require information about activities on land.
Amended 2 timesPenalties for non-compliance with planning contravention notice.
Unlimited fine Amended 2 times- Fail to comply with planning contravention notice (or give false statement) Any Person
Contents and effect of notice.
Other duties (1) — Crown / regulator
- Local Authority must issue detailed and clear enforcement notices Local authority
Appeal against enforcement notice.
Amended 7 timesAppeals: supplementary provisions.
Amended 4 timesGrant or modification of planning permission on appeal against enforcement notice.
Amended 3 timesValidity of enforcement notices.
Amended 1 timeExecution and cost of works required by enforcement notice.
Fine up to £1,000 Amended 6 times- Wilfully obstruct planning authority’s enforcement work Any Person
Offence where enforcement notice not complied with.
Unlimited fine Amended 2 times- Fail to comply with planning enforcement notice Any Person
Fixed penalty notice where enforcement notice not complied with
Amended 2 timesEffect of planning permission etc. on enforcement or breach of condition notice.
Amended 1 timeEnforcement notice to have effect against subsequent development.
Unlimited fine Amended 3 times- Unauthorised reinstatement of works after an enforcement notice Any Person
Stop notices.
Amended 1 timeStop notices: supplementary provisions.
Amended 1 timeCompensation for loss due to stop notice.
Amended 4 timesPenalties for contravention of stop notice.
Unlimited fine Amended 2 times- Fail to comply with a stop notice Any Person
Temporary stop notices
Amended 2 timesTemporary stop notices: restrictions
Amended 2 timesOther duties (1) — Crown / regulator
- Local Authority must follow restrictions when issuing temporary stop notices Local authority
Temporary stop notices: offences
Unlimited fine Amended 2 times- Fail to comply with a temporary stop notice Any Person
Temporary stop notices: compensation
Amended 2 timesEnforcement of conditions.
Unlimited fine Amended 3 times- Fail to comply with a breach of planning condition notice Any Person
Fixed penalty notice where breach of condition notice not complied with
Amended 3 timesInterdicts restraining breaches of planning control.
Amended 1 timeEnforcement etc. : register of notices
Amended 4 timesOther duties (1) — Crown / regulator
- Local planning authorities must maintain a public register of notices Local authority
Penalties for contravention of orders under section 71 and Schedule 8.
Unlimited fine- Breach planning control orders (section 71 / Schedule 8) Any Person
Certificate of lawfulness of existing use or development.
Amended 1 timeOffences.
2 years imprisonment- Submit false or misleading information for planning certificate Any Person
Appeals against refusal or failure to give decision on application.
Amended 4 timesFurther provisions as to appeals to the Secretary of State.
Amended 2 timesOther duties (1) — Crown / regulator
- Secretary of State must notify planning authorities of appeal decisions Crown / Minister / Government department
Right to enter without warrant.
Amended 1 timeRights of entry: supplementary provisions.
Fine up to £1,000- Obstruct a planning inspector’s entry Any Person
Browse 11 other sections in this Part — procedural / definitional / commencement
Time limits.
Issue of enforcement notice.
Variation and withdrawal of enforcement notice.
General provisions relating to determination of appeals.
Power of Secretary of State to serve enforcement notice.
Power of the Secretary of State to serve stop notice.
Enforcement of orders under section 71 and Schedule 8.
Certificate of lawfulness of proposed use or development.
Certificates under sections 150 and 151: supplementary provisions.
Right to enter under warrant.
Enforcement charters
Part VII — Special Controls
Planning permission to include appropriate provision for preservation and planting of trees.
Amended 5 timesOther duties (1) — Crown / regulator
- Local authorities must ensure tree preservation and planting in planning grants Local authority
Power to make tree preservation orders.
Amended 7 timesForm of and procedure applicable to orders.
Amended 3 timesImminent danger to trees: entry to affix copy of tree preservation order
Amended 3 timesTree preservation: Forestry Commissioners
Amended 4 timesProvisional tree preservation orders.
Amended 2 timesPower for Secretary of State to make tree preservation orders.
Amended 1 timeCompensation in respect of requirement as to replanting of trees.
Amended 3 timesReplacement of trees.
- Replace protected trees that are removed, destroyed, or die Landlord
Enforcement of duties as to replacement of trees.
Amended 1 timeAppeal against section 168 notice.
Amended 2 timesExecution and cost of works required by section 168 notice.
Fine up to £1,000- Obstruct planning authority’s tree‑planting Any Person
Penalties for non-compliance with tree preservation order.
Unlimited fine- Cut down or damage a protected tree without permission Any Person
Preservation of trees in conservation areas.
Unlimited fine Amended 10 times- Unauthorised work on protected trees in conservation areas Any Person
Enforcement of controls as respects trees in conservation areas.
- Replace trees removed or destroyed in conservation areas Landlord
Register of section 172 notices.
Other duties (1) — Crown / regulator
- Planning authority must maintain a public register of tree notices Local authority
Rights of entry: supplementary provisions.
Fine up to £1,000- Obstruct a planning inspector’s right of entry Any Person
Appeal against notice under section 179.
Amended 1 timeRegister of notices under section 179.
Other duties (1) — Crown / regulator
- Local authorities must maintain a public register of land maintenance notices Local authority
Regulations controlling display of advertisements.
Amended 3 timesOther duties (1) — Crown / regulator
- Secretary of State must create regulations for advertisement displays Crown / Minister / Government department
Power to make different advertisement regulations for different areas.
Amended 2 timesOther duties (1) — Crown / regulator
- Secretary of State must follow specific procedures when restricting advertising Crown / Minister / Government department
Planning permission not needed for advertisements complying with regulations.
Amended 1 timeEnforcement of control as to advertisements.
Unlimited fine Amended 5 times- Display advertisement contrary to planning regulations Any Person
Forestry and woodland strategy
Other duties (1) — Crown / regulator
- Planning authorities must prepare and publish a forestry and woodland strategy Local authority
Browse 7 other sections in this Part — procedural / definitional / commencement
Compensation in respect of tree preservation orders.
Power to disapply section 172.
Rights to enter without warrant.
Right to enter under warrant.
Notice requiring proper maintenance of land.
Repayment of expense of removing prohibited advertisements.
Power to remove or obliterate placards and posters.
Part VIII — Acquisition and Appropriation of Land for Planning Purposes etc.
Acquisition of land by agreement.
Amended 2 timesCompulsory acquisition of land in connection with development and for other planning purposes.
Amended 3 timesCompulsory acquisition of land by Secretary of State for the Environment.
Amended 2 timesDisposal of land held for planning purposes.
Amended 2 timesDevelopment of land held for planning purposes.
Amended 1 timeExtinguishment of rights over land compulsorily acquired.
Amended 6 timesGeneral vesting declarations.
Amended 13 timesPower to override servitudes and other rights.
Amended 6 timesProvisions as to churches and burial grounds.
Amended 1 timeUse and development of land for open spaces.
Amended 1 timeDisplacement of persons from land acquired or appropriated.
Other duties (1) — Crown / regulator
- Local Authority must provide alternative housing for displaced residents Local authority
Browse 3 other sections in this Part — procedural / definitional / commencement
Part IX — Roads, Footpaths and Rights of Way
Roads affected by development: orders by Secretary of State.
Amended 1 timeOrder extinguishing right to use vehicles on road.
Amended 1 timeProvision of amenity for road reserved to pedestrians.
Amended 7 timesExtinguishment of public rights of way over land held for planning purposes.
Amended 1 timeRoads affected by development: orders by planning authorities.
Amended 1 timeFootpaths and bridleways affected by development: orders by planning authorities.
Amended 2 timesConcurrent proceedings in connection with roads.
Amended 1 timeElectronic communications apparatus.
Amended 9 timesBrowse 4 other sections in this Part — procedural / definitional / commencement
Part X — Statutory Undertakers
Meaning of “statutory undertakers”.
Amended 9 timesMeaning of “operational land”.
Amended 9 timesCases in which land is to be treated as not being operational land.
Amended 8 times. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 6 timesApplications for planning permission by statutory undertakers.
Amended 4 timesDevelopment requiring authorisation of government department.
Amended 1 time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 1 time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 1 time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 1 timeExtinguishment of rights of statutory undertakers: preliminary notices.
Amended 1 timeExtinguishment of rights of telecommunications code system operators: preliminary notices.
Amended 1 timeNotice for same purposes as sections 224 and 225 but given by undertakers to developing authority.
Amended 1 timeOrders under sections 224 and 225.
Amended 2 timesExtension or modification of functions of statutory undertakers.
Amended 1 timeProcedure in relation to orders under section 228.
Amended 1 timeRelief of statutory undertakers from obligations rendered impracticable.
Amended 1 time- Publicise representations for relief from statutory obligations Statutory Undertaker
Objections to orders under sections 228 and 230.
Amended 3 timesRight to compensation in respect of certain decisions and orders.
Amended 11 timesMeasure of compensation to statutory undertakers etc.
Amended 8 timesProcedure for assessing compensation.
Amended 1 timeBrowse 3 other sections in this Part — procedural / definitional / commencement
Part XI — Validity
Validity of development plans and certain orders, decisions and directions.
Amended 19 timesProceedings for questioning validity of development plans and certain schemes and orders.
Amended 17 timesProceedings for questioning the validity of other orders, decisions and directions.
Amended 8 times. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 1 timeBrowse 1 other section in this Part — procedural / definitional / commencement
Part XII — Crown Land
Preliminary definitions.
Amended 10 timesUrgent Crown development: application
Amended 10 timesControl of development on Crown land: special enforcement notices.
Amended 1 timeSupplementary provisions as to special enforcement notices.
Amended 1 timeExercise of powers in relation to Crown land.
Amended 1 timeEnforcement in relation to the Crown
Amended 1 timeOther duties (1) — Crown / regulator
- Local authorities must obtain consent before enforcing on Crown land Local authority
References to an interest in land
Amended 1 timeAgreements relating to Crown land.
Amended 1 timeSupplementary provisions as to Crown interest.
Amended 2 timesApplications for planning permission by Crown
Amended 2 timesApplication for planning permission etc. in anticipation of disposal of Crown land.
Amended 1 timeTree preservation orders in anticipation of disposal of Crown land.
Amended 2 timesRequirement of planning permission for continuance of use instituted by the Crown.
Amended 1 timeBrowse 3 other sections in this Part — procedural / definitional / commencement
Application to the Crown
Enforcement in respect of war-time breaches of planning control by the Crown.
National planning improvement co-ordinator
Part XIII — Financial Provisions
Fees for planning applications etc.
Amended 23 timesGrants for research and education.
Amended 1 timeGrants for advice and assistance
Amended 1 timeContributions by Ministers towards compensation paid by planning authorities.
Amended 1 timeContributions by local authorities and statutory undertakers.
Amended 2 timesExpenses of, and borrowing by, local authorities.
Amended 4 timesBrowse 5 other sections in this Part — procedural / definitional / commencement
Assistance for acquisition of property where objection made to blight notice in certain cases.
Recovery from acquiring authorities of sums paid by way of compensation.
Sums recoverable from acquiring authorities reckonable for purposes of grant.
Financial provision.
General provision as to receipts of Secretary of State.
Part XIV — Miscellaneous and General Provisions
Power to modify Act in relation to minerals.
Amended 1 timeApplication of certain provisions to planning authorities.
Amended 3 timesNational Scenic Areas
Amended 3 timesNational Scenic Areas: report on consultation
Amended 3 timesOther duties (1) — Crown / regulator
- Scottish Ministers must report on National Scenic Area consultations Crown / Minister / Government department
Natural Heritage Areas.
Amended 1 timeNational Parks
Amended 1 timeOther duties (1) — Crown / regulator
- Authorities must follow the National Park Plan for planning decisions Local authority
Local inquiries.
3 months imprisonment Amended 1 time- Fail to attend or produce documents for a local planning inquiry Any Person
Planning inquiries to be held in public subject to certain exceptions
Amended 1 timeOrders as to expenses of parties where no local inquiry held.
Amended 4 timesAppeals and applications under this Act: procedure etc.
Amended 6 timesRights of entry.
Amended 6 timesSupplementary provisions as to rights of entry.
Fine up to £1,000 Amended 3 times- Obstruct a person exercising entry powers Any Person
Rights of entry: Crown land
Amended 3 timesEqual opportunities
Amended 3 timesOther duties (1) — Crown / regulator
- Ministers and planning authorities must promote equal opportunities Crown / Minister / Government department
Service of notices.
Amended 8 timesService of notices on the Crown
Amended 8 timesPower to require information as to interests in land.
2 years imprisonment Amended 7 times- Fail to provide or misstate required land‑interest information Occupier
Information as to interests in Crown land
Amended 7 timesOffences by corporations.
2 years imprisonment Amended 3 times- Personal liability for company directors and officers Director or Officer
Regulations and orders.
Amended 20 timesFurther provision as regards regulations: inquiries etc.
Amended 20 timesDirections
Amended 20 timesAct not excluded by special enactments.
Amended 4 timesInterpretation.
Amended 29 timesBrowse 4 other sections in this Part — procedural / definitional / commencement
Inquiries under Private Legislation Procedure (Scotland) Act 1936.
Promotion and use of mediation etc.
Combined applications.
Citation, commencement and extent.
Schedules
Periodic review of mineral planning permissions
Other duties (1) — Crown / regulator
- Planning authority must notify mineral site owners of periodic reviews Local authority
General vesting declarations
2 years imprisonment- Make false statements to obtain compensation Any Person
Condition treated as applicable to rebuilding and alterations
- Comply with floor space limits when rebuilding or altering buildings Trader
Enforcement as respects war-time breaches by the crown of planning control
Fine up to £200- Obstruct a planning enforcement officer Any Person
Local place plans
Other duties (1) — Crown / regulator
- Local authorities must register and map valid Local Place Plans Local authority
Browse 15 other Schedules — structural / supplementary
Exemptions from planning permission for certain land uses in 1948
Conditions relating to mineral working
Simplified planning zones
Development not constituting new development
Regulations as to compensation in respect of orders relating to mineral working
Procedure for making and confirming orders relating to roads and rights of way
Old development plans
Determination of certain appeals by person appointed by Secretary of State
Masterplan consent areas
Planning Inquiry Commissions
Joint Planning Inquiry Commissions
Old mineral workings and permissions
Review of old mineral planning permissions
Blighted land
Provisions of this Act referred to in sections 261 to 263
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Browse 1 other unclassified section
Purpose of planning
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Edinburgh visitor levy - edinburgh.gov.uk (opens in a new tab) Detailed Guidance
- Short-term let legislation - VisitScotland (opens in a new tab) Detailed Guidance
- Legal requirements for short-term let accommodation - mygov.scot (opens in a new tab) Detailed Guidance
- Short-term lets regulation - gov.scot (opens in a new tab) Publication
- Planning and control areas - mygov.scot (opens in a new tab) Detailed Guidance
- NatureScot (opens in a new tab) Detailed Guidance
- Environmental assessment - Scottish Government (opens in a new tab) Detailed Guidance
- Planning and architecture - gov.scot (opens in a new tab) Detailed Guidance
- Advice and support (opens in a new tab) Detailed Guidance
- www.eplanning.scot (opens in a new tab) Detailed Guidance
- ... and 10 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Local Authority
PrimaryLocal Authority (Environmental Health / Licensing / Planning)
Local councils enforce food safety (via Environmental Health Officers), issue alcohol licences, grant planning permission, and regulate certain business activities at local …
Scottish Government / Riaghaltas na h-Alba
Devolved administration for Scotland. Issues statutory guidance and oversees compliance under devolved legislation including the Procurement Reform (Scotland) Act 2014. Scottish Ministers …
Scotland's nature agency. Advises government, manages protected areas, licenses activities affecting wildlife. Formerly Scottish Natural Heritage (SNH).
UK Government (Cross-Departmental)
Generic publisher code for cross-departmental government publications that don't map to a specific regulator or department. Used for guidance that spans multiple …
Historic Environment Scotland
Investigates, cares for, and promotes Scotland's historic environment. Designates listed buildings, scheduled monuments, and conservation areas in Scotland.
Connected legislation
1 statutory instrument
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Secondary legislation (1)
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Regulators
Learn more about the bodies that enforce this legislation.