![]() Provided a property has adequate planning permission for use as a dwelling house under Use Class C3, a homeowner and/or lender may consider such use be deemed to be a material change of use, then the property can revert to its authorised use as a private dwelling house and occupied by the owner or a let on a long-term basis (i.e., six months or more). However, if the property is larger and sleeps more than the stated, where guests are part of different groups, arriving at different times (alike the previously discussed case), this may well constitute a material change of use to a Sui Generis use (having a use of its own form). The explanation following this judgement suggests that a short-term rental (for example a B&B) compromising accommodation that sleeps up to 6-8 people, occupied by family groups who constitute a ‘single household’, will likely fall within Use Class C3. In this case, the Court found that there had been a material change of use and the property no longer fell within Use Class C3 (dwelling house) under the Town and Country Planning (Use Classes) Order 1987. Looking at planning permission around Airbnb, in the 2012 Court of Appeal judgement in Moore v SSCLG (2012) EWCA Civ 1202, the court found that each case depends on its own unique facts, and it is a “matter of fact and degree”. ![]() However, if the property is only being used as a holiday rental, then a change of use is likely to be required. ![]() For context, if you are letting a property for short periods of time and keep the property as (or as part of) your ‘family home’, then it is unlikely planning permission will be required under terms of Airbnb.
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