Two conditions, not just a booking limit
The exception introduced by section 44 of the Deregulation Act 2015 took effect on 26 May 2015. It requires the total short-let nights at the premises in the same calendar year not to exceed 90. It also requires the person providing the accommodation, or at least one provider where there is more than one, to be liable for council tax for the premises for the relevant nights. [1]
The total includes previous short-term use during that year, even by a different provider. Changing booking platform, manager or owner does not create a fresh statutory allowance. Keep an aggregate record rather than rely on a single platform's calendar. [1]
The legislation also allows the exception to be disapplied for specified premises or areas through the relevant direction procedure. Check for any restriction affecting the address. [1]
Ninety nights is not a national allowance
This particular exception concerns Greater London. It should not be applied to Epping Forest District or another English council area as though it were an England-wide permitted-development right. National guidance instead directs owners to consider whether their proposed operation needs planning permission. [1] [3]
Within London, check the existing permission and any conditions as well as the annual count. A property advertised as suitable for holiday letting is not evidence that the proposed use has planning approval. [2]
Check the lease and guest-safety arrangements
For a flat, review the lease restrictions on use and letting, and obtain any required consent. The planning exception does not rewrite a lease or settle the mortgage and insurance position. [4] [2]
Government guidance for self-catering accommodation identifies separate fire, gas and electrical safety responsibilities. Address those requirements for the actual accommodation and guests rather than assume that the 90-night planning exception is a safety exemption. [3]
For the operating plan, keep the permissions, relevant safety evidence and a record of nights together. Make responsibilities clear where a managing agent handles bookings on the owner's behalf.
A national register is planned, not yet operating
GOV.UK guidance updated on 2 October 2026 states that England's mandatory short-term-let registration scheme is not yet in force and is expected to begin in March 2027. The final commencement arrangements still need to be confirmed. Registration should not be treated as a substitute for planning permission. [3] [5]
Treat new planning-class announcements separately
Government consulted on a proposed short-let class, described as C5, and associated permitted-development changes, followed by an announcement on 19 February 2024. Those documents describe reforms; they are not themselves an operative permission for a particular property. Do not rely on an assumed new class or automatic reclassification without checking the implementing legislation. [6] [7]