Airbnb Planning Permission: Do You Need It?

When letting your property on Airbnb or other short-let platforms requires planning permission, and what the new rules mean for hosts in the UK.

Short-term letting through platforms like Airbnb has grown rapidly in the UK, and the planning rules are catching up. Whether you need planning permission depends on how often you let, where your property is, and whether it remains your primary home.

The Basic Rule

A property used as a dwellinghouse (Use Class C3) can be let on a short-term basis without planning permission, provided the letting is incidental to its use as a home. Occasional holiday letting of your own home - while you are away on holiday, for example - does not normally require planning permission.

However, if you let a property so frequently that it is no longer primarily a home but a holiday let business, this can amount to a material change of use. The property would effectively move from Use Class C3 (dwelling) to a short-term rental use, which may require planning permission.

London: The 90-Day Rule

London has specific rules under the Deregulation Act 2015. You can let your entire home for up to 90 nights per calendar year without planning permission. Beyond 90 nights, you need to apply for planning permission for change of use, unless:

• Your council has specifically granted a planning permission allowing short-term letting
• You have a lawful development certificate confirming the use

This 90-day limit applies to your principal residence only. If you own a second property in London and let it on Airbnb, the 90-day rule does not apply - you would need planning permission from the outset.

Outside London

Outside London, there is no fixed day limit. Instead, councils apply the general planning test: has there been a material change of use? Factors they consider include:

• How many nights per year the property is let
• Whether the owner lives in the property at all
• The level of disturbance to neighbours (noise, parties, turnover of guests)
• Whether the property is furnished and marketed as holiday accommodation
• Impact on the local housing supply

Proposed National Changes

The government has announced plans to introduce a new use class for short-term lets across England. Under the proposals:

• A new Use Class C5 would be created specifically for short-term rental properties
• Properties let for more than 90 nights per year would need to be registered and may need planning permission
• Councils in areas with acute housing pressure would be able to require planning permission for any new short-term let

These changes are expected to come into force in stages. Check your council's website for the latest position.

Flats and Leasehold Properties

Even if planning permission is not required, your lease or freehold conditions may prohibit short-term letting. Many leases contain clauses against:

• Business use of the property
• Sub-letting without the freeholder's consent
• Causing nuisance to neighbours

Check your lease carefully before listing on Airbnb. Breach of a lease covenant can lead to legal action from the freeholder or management company.

What If You Need Planning Permission?

If your use has crossed into a material change, you should apply for planning permission for change of use. The application will be assessed against local plan policies, including:

• Impact on housing supply (loss of a permanent home)
• Impact on neighbours and residential amenity
• Parking and transport considerations
• Character of the area

Some councils in tourist areas are sympathetic to holiday lets. Others, particularly in areas with housing pressure, may refuse. Pre-application advice is recommended.