Holiday letting in England is more regulated than it was, but less neatly regulated than many owners assume. There is no single licence that settles everything. Planning, fire safety, gas, electrical safety, insurance, tax and local restrictions sit in different places, and the answer can change with the property and the way it is used.
That makes the first job quite simple: separate rules that apply now from changes that have been announced but have not yet started.
Planning permission is the question to answer first
There is no automatic national rule saying that every holiday let in England needs planning permission. There is also no safe national rule saying that it never does.
The issue is whether short-term letting changes the lawful use of the property in a way that counts as a material change of use. Your local planning authority decides that on the facts. It may look at how often guests change, whether the owner still lives there, the number and size of groups, noise, parking, refuse, arrivals and departures, and the effect on neighbours.
Occasionally letting your main home while you are away is not the same proposition as operating a whole property as visitor accommodation throughout the year. A quiet two-person flat is not necessarily treated in the same way as a house accommodating large groups every weekend. The listing platform does not decide the planning use. The actual pattern of use does.
If you are buying, converting or switching a property for dedicated short-term letting, ask the council for written advice before committing money. Where the position is unclear, a planning consultant may recommend a lawful development certificate or a planning application. Do not rely on the fact that similar properties appear on Airbnb. Their planning history may be different, or their use may simply not have been investigated.
The government’s current guidance for self-catering holiday homes puts the point plainly: the local planning authority decides whether permission is required, based on the use and its effect on the area.
Does the Airbnb 90-day rule apply in Sussex?
No. The statutory 90-night restriction people often quote applies to residential premises in Greater London. It does not create a 90-night allowance or limit in Brighton, Hove, Worthing, Arun or Chichester.
Airbnb may refer to a 90-day rule because it applies an automatic limit to entire-home listings in Greater London unless the host confirms that the property has the necessary permission. That platform feature has helped turn a London rule into a supposed UK-wide rule. It is not one.
Sussex owners still need to consider planning permission, but the decision is not made by counting to 90. It turns on the property’s lawful use, the way the letting operates and the local planning authority’s assessment.
The proposed short-term let use class is not a rule to act on yet
The government has announced plans for a distinct planning use class for short-term lets, alongside permitted development rights and an allowance for people to let their sole or main home for up to 90 nights a year. At the time of this update, those planning changes have been proposed but not brought into force.
That distinction matters. A proposal shows the direction of policy, but it does not replace the planning rules that apply today.
The same applies to the national registration scheme. The legal framework for a mandatory scheme exists and the government says a national register is being introduced. Current government guidance still describes registration as not yet in force and expected to begin in 2026.
Owners should prepare for registration rather than pretend it already exists. Keep property, ownership and safety records organised, and check the government page before launch or renewal. Do not pay an unofficial service that claims it can register a Sussex holiday let before the scheme is live.
Fire safety applies now
Paying guests change the fire-safety position. A standard domestic smoke alarm installed years ago is not a substitute for assessing the risks created by unfamiliar occupants sleeping in the property.
The starting point is a suitable fire risk assessment. It should consider escape routes, detection and alarms, emergency lighting where necessary, doors, cooking risks, heating, electrical equipment, smoking, candles, the needs of children or guests with limited mobility, and the information given to guests. The assessment needs to reflect the actual layout and occupancy, not a generic template copied from another property.
Government publishes separate fire-safety guidance for small paying guest accommodation and for larger or more complex sleeping accommodation. For houses, cottages and chalets, the small-accommodation guide covers a ground floor, or a ground and first floor, sleeping no more than ten people and with no more than four first-floor bedrooms. It also covers most individual flats. Larger, unusually laid-out or more complex properties need the more detailed approach.
Upholstered furniture and furnishings supplied to guests must also comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988, as amended. Missing labels on a second-hand sofa are not a minor presentation issue. They can make it difficult to show that the item is compliant.
Gas, carbon monoxide and electrical safety
Gas appliances, pipework and flues must be kept safe. Holiday accommodation falls within the landlord gas-safety regime, so arrange checks through a Gas Safe registered engineer and keep the record. Do not assume a boiler service and a gas-safety check are the same job.
Carbon monoxide alarms should be selected and positioned according to the appliances and risks in the property. Smoke and carbon monoxide alarms also need a testing routine between stays. A device that was present at setup but has been disabled by a previous guest offers no protection to the next one.
Electrical installations and equipment must be maintained safely. Use a competent electrician to decide the inspection and testing needed for the fixed installation, and put a proportionate regime in place for portable appliances. Guest use is hard on kettles, hairdryers, extension leads and chargers. Visual checks during changeovers catch obvious damage, but they do not replace competent inspection.
The government’s self-catering accommodation guidance links directly to the current gas, alarm and electrical requirements. Treat that page as a live checklist, because it is reviewed and updated.
Insurance, mortgage and lease restrictions
Ordinary home insurance is unlikely to be enough for commercial short-term letting. Government guidance recommends dedicated holiday-let insurance, public-liability cover and buildings and contents cover suitable for paying guests. Tell the insurer exactly how the property will be used, including maximum occupancy, any hot tub or open fire, and whether contractors or cleaners attend.
Insurance does not fix a breach of a mortgage condition or lease. If the property is mortgaged, obtain the lender’s consent or use a product that permits holiday letting. If it is leasehold, read the lease. Clauses restricting business use, holiday occupation, subletting or stays below a minimum term can stop the plan even where the council raises no planning objection.
For flats, check the building insurance and freeholder or management-company rules as well. A host cannot promise guests access to common areas on terms that conflict with the building’s legal arrangements.
Other obligations owners often discover late
A properly set-up holiday let may also need:
- a TV Licence if guests can watch or record live television on any channel, or use BBC iPlayer;
- a music licence if recorded music is played outside the relevant private or domestic exemption;
- an Energy Performance Certificate where the rules require one;
- a decision on council tax or business rates;
- registration for tax and reliable records of income and allowable expenses;
- data-protection arrangements if you collect and retain guest information directly; and
- suitable waste arrangements for the volume and type of refuse the business creates.
This is why compliance cannot be reduced to “Airbnb handles it”. A booking platform provides distribution and payment tools. It does not approve the planning use, inspect the property or amend the owner’s lease.
Not sure where your property stands?
A Performance Review looks at the commercial case and the practical constraints together, before you spend money on either.
Where the Sussex councils differ
South House operates across places covered by Brighton & Hove City Council, Adur & Worthing Councils, Arun District Council and Chichester District Council. Each authority has its own planning records, local policies, enforcement priorities and council-tax decisions.
Brighton & Hove, for example, tells owners they may need planning permission for a short-term holiday let and considers the particular circumstances. That is not a city-wide ban, nor is it blanket permission.
Before launch, identify the correct authority and check:
- the existing lawful use and planning history;
- whether any planning condition restricts occupation or letting;
- whether the proposed operating model could be a material change of use;
- the council-tax or business-rates position; and
- any local waste, licensing or visitor-accommodation requirements.
Keep the response and the documents supporting it. If the operation changes materially, revisit the advice.
What proper setup looks like
Informal hosting is becoming harder to justify. That does not mean every owner needs a thick compliance manual. It means the important decisions should be written down, supported and reviewed.
A sensible property file contains the planning position, mortgage and lease permissions, insurance schedule, fire risk assessment, gas and electrical records, alarm checks, furniture information, maintenance log, guest safety instructions and evidence used for business-rates or council-tax reporting.
The operational side matters too. Maximum occupancy, minimum stays, guest screening, quiet hours, waste instructions and emergency contacts should suit the building and its neighbours. A large house in a dense residential street cannot be operated as if location and capacity have no consequences.
If you are still deciding whether short-term letting is right for the property, start with the commercial and practical facts together. South House’s management approach and homeowner service are built around that whole-property view.
Find out whether the property works before you launch it
A compliant property can still be a weak holiday let. A commercially attractive property can still be the wrong choice if the planning, lease or operational constraints do not work.
The South House Performance Review looks at both sides: whether the property is suited to the market, and what would need to change before it could perform properly.