New fire safety regulations for English holiday lets

New fire safety regulations for holiday lets in England came into effect on 1 October 2023. The regulations apply to any holiday lets with capacity for 10 or more overnight guests.

The regulations for new fire safety legal provisions are contained within section 156 of the Building Safety Act 2022. Full, written assessments of fire risk will become a legal requirement for holiday let properties from October.

In addition the government has published new guidance for ‘small paying guest accommodation’ i.e. those with capacity for up to 10 guests. Under the new regulations holiday let owners will be required to have a fire risk assessment completed by a professional and seek advice from a professional on preventive and protective measures required by the Regulatory Reform (Fire Safety) Order 2005 (the Order).

The preventive and protective measures include:

• Making guests aware of the fire risk assessment.

• Regularly reviewing the fire risk assessment.

• Providing emergency escape lights in bedrooms and along escape routes.

• Installing doors with a 30 minute fire protection capacity on protected escape routes.

• Installing linked hard-wired smoke detectors in all bedrooms, living spaces and protected escape routes.

• Undertaking annual inspections of all hot water and heating systems, including renewable energy sources.

• Installing fire escape signage.

• Ensuring that thumb turn locks are fitted on all exit doors.

• Commissioning an Electrical Installation Condition Report (EICR)/ fixed wire test every 5 years.

Not only does this have financial implications, it is likely to have some impact on the appearance of holiday lets

New licencing requirement for short term lets

In January 2022 the Scottish Parliament approved new legislation to introduce a licensing scheme for short term let properties. The new powers are managed at local authority level and came into force on the 1st of March 2022. Hosts operating prior to the 1st of October 2022 were required to apply for a licence before the 1st October 2023; new hosts operating after the 1st of October 2022 are required to both apply for and receive the licence prior to accepting guests.

The licensing scheme covers a wide range of accommodation, including but not limited to, self-catering properties, B&Bs, guest houses, glamping structures and tents, caravans and lodges (where there is no caravan site licence). There are certain exemptions such as hotels, hostels and off-grid bothies that are at least 100m from the nearest public road and habitable building.

The licensing scheme includes new mandatory safety requirements that will cover every type of short-term let. In addition, local authorities can also opt to apply additional requirements for their region. Applications require to be accompanied by a range of safety certificates, floor plans and Energy Performance Certificates.

Licences will generally last for three years and are personal to the owner/operator named on the licence, not the property. New purchasers will therefore require to apply for and receive their own licence prior to trading. The legislation provides that local authorities can grant temporary licences in these instances whilst a full licence is applied for, however this is at the discretion of each local authority.

Operating without a licence will be a criminal offence, with a fine of up to £2,500. Critically, insurance policies will likely be invalidated should a licence not be in place.

Whilst the new licensing currently only applies to Scotland, both the English and Welsh Governments are considering introducing a scheme and have recently undertaken public consultations.