As homeowners, there is a key requirement that we need to have in mind when you want to  rent your home in the short term: the “90 Night Rule”. The 2015 Deregulation Act introduced this policy, allowing homeowners to rent out their residential premises for up to 90 nights a year without needing to submit a “change of use” application. It should also allow hosts flexibility while ensuring the residential character of the property is maintained. 

But crossing the 90-night threshold can cause problems. In this article, we’ll discuss the 90 Night Rule, why it is in effect, and how hosts can work with the regulation.

What is the 90 night rule?

The “’90 Night Rule” is a piece of regulation that places a limit on the number of nights that a property can be let on a short-term basis without the need for planning permission for a “change of use.” Before The Deregulation Act of 2015, renting out your home for short-term stays (such as through platforms like Airbnb) was classified as a change of use, meaning homeowners needed to apply for special permission from their local council.

This was a key issue that resulted in the 90 Night Rule being put in place to allow homeowners to let out their property for 90 nights of the year without a requirement to register for planning permission. Now, the key thing to note is that the 90 night limit applies on a calendar year basis (January 1st to December 31st). This makes it simpler for hosts to monitor their rental activity for the year.

It should be noted that any nights beyond this limit would be deemed unauthorised use and can incur fines or require you to stop short-term letting until the next calendar year. For longer-term bookings, hosts need to apply for explicit planning permission. 

Why was the 90 night rule introduced?

The 90 Night Rule was first introduced due to growing concerns about the impact of short-term rentals on local communities, homelessness, housing shortages and issues surrounding noise and overcrowding. 

The government appeared to be trying to find a sensible balance in delegating on-street letting until a certain number of nights in a calendar year without requiring further permissions.

This system can certainly be beneficial for homeowners as it allows them to earn additional income from short-term rentals while guaranteeing that properties stay predominantly residential and are not scattered with commercial accommodations. 

Where does the 90 night rule apply?

The 90 Night Rule is a regulation in England that impacts short-term lets the like on platforms like Airbnb, where local councils are registering concerns regarding the increased risk of homelessness and maintaining a community in that area. The rule is enforced on residential zone properties as it is used for temporary visitor accommodation without the need for a “change of use” application, on the condition that the renting period is not longer than 90 nights a calendar year.

The 90 Night Rule is well known for its application in London. However, it can also be found in other areas of concern to local authorities regarding short-term rentals where major cities or tourist destinations would be impacted by the pressure of short-term rentals. In other cities, including Manchester, Edinburgh and Bath, the rise of short-term rents also affects and may well be subject to local regulation in line with that of the overarching rule.

How can hosts continue to let their property once they have exceeded the 90 night limit?

If a host exceeds 90 nights rented by short-term rental, they may continue by long-term rental — but the 90 Night Rule can’t be exploited in this way. In such cases, hosts have to apply for planning permission for a “change of use.” In other words, the property would officially be deemed a commercial short-term rental as opposed to fitting into the residential property category and thus be subject to different planning regulations.

The process for making an application involves submitting a formal request to your local council, detailing the intended use and management of the property. Councils may consider the effect on the local housing market, traffic and neighborhood dynamics in deciding whether to approve an application, depending on the area. Once granted, the host can rent out their property for short-term stays above the 90-night cap.

Or hosts could consider getting a long-term rental agreement, which isn’t restricted by the 90-night limit. This can be a great choice for those who want to gain a regular income from their property.

Hosts should always keep up to date on legislation in their area and seek professional advice if necessary to ensure they stay compliant and can continue to legally rent their property.

Conclusion

In conclusion, the 90 Night Rule helps regulate short-term rentals, and exceeding the limit requires planning permission for longer-term rentals. At Veeve, we offer unique, character-filled homes for short stays in London and Paris that align with the 90 Night Rule. Contact us today to join the portfolio of  beautiful properties as a host and experience the Veeve difference.