Following a consultation last summer, the Department for Levelling Up, Housing and Communities has confirmed that a new planning use class will come into effect this summer for short-term lets.
All land and buildings in England fall into a planning use class, which determines how they can be used and developed. Under the existing planning use class system, holiday homes fall into the same category as permanent dwellings; C3. Whilst this has its advantages, it means that planning applications for new holiday homes are often considered against the same criteria as a new permanent dwelling. It also makes it difficult for authorities to control or enforce against permanent dwellings being used as holiday lets in areas where it is causing problems.
The changes would see a new use class, C5 introduced, described as ‘use of a dwellinghouse that is not a sole or main residence for temporary sleeping accommodation for the purpose of holiday, leisure, recreation, business or other travel’.
Properties can be let for up to 90 nights per year without changing use from C3 to C5. The changes will not apply to properties already in such use.
A new permitted change of use will be introduced alongside the new use class, allowing permanent dwellings to change to short-term lets and vice versa. This would enable local authorities to remove this right in areas where a concentration of holiday homes may be an issue via an Article 4 direction.
Of course, these changes will likely mean more regulation of holiday lets (e.g. health and safety) which will be a burden for landlords. However, they are a positive and sensible way to distinguish between permanent and temporary residential use and should be helpful for some homeowners, and empowering for communities. Those who sporadically rent their homes will not be affected.
Those wishing to use their properties as holiday lets all year round will have more clarity on what criteria need to be met in order for their endeavour to be acceptable from a planning point of view, protecting them against otherwise avoidable objections from neighbours etc.