FOI/202500472513 · FOI · already published
Short-term let licensing cost neutrality oversight and compliance: FOI release
Information requested
1. Oversight of Cost Neutrality
a) What mechanisms are in place to monitor whether local authorities are complying with the cost neutrality requirement under the Short-Term Let licensing framework? b) Has the Scottish Government requested or received any data or assurance from councils on:
STL licence fee income vs. operating costs? Annual assessments or financial models used by councils to ensure compliance?
Please provide any relevant reports, templates, correspondence, or internal guidance issued by the Government on this topic.
2. Non-Compliance or Escalation
a) Has the Scottish Government investigated or raised concerns with any council regarding STL licence fee levels, excess income, or potential profit-making? b) If so, please provide:
Names of the councils Nature of concern Steps taken or correspondence exchanged
3. Guidance and Interpretation
Please provide copies of:
Any guidance issued to councils on defining, tracking, or maintaining cost neutrality Any advice on allowable vs. non-allowable costs under the scheme
Response
Response
I enclose a copy of some of the information you requested. However, while our aim is to provide information whenever possible, we are unable to provide some of the information you have requested because exemptions apply under the Freedom of Information (Scotland) Act 2002 (FOISA) to that information.
Section 12 – Excessive costs
As per section 12 of FOISA we are unable to provide some of the information you have requested as it is estimated that the cost of locating, retrieving and providing the information requested question 1 b) and 2 a) and b) would exceed the £600 upper cost limit. However we have provided an answer to all of your questions.
Question 1 a) and 1 b)
The Scottish Government does not oversee the fee levels set by councils. This extends to making assessments of short-term let licence fee income versus operating costs. These are set by local councillors elected to licensing committees, the council Cabinets or full Council Committees, and are accountable to local financial scrutiny committees.
The Civic Government (Scotland) Act 1982, as amended, mandates that each local authority establishes and manages a licensing scheme for short-term lets. This includes setting the fees for licence applications.
The Scottish Government does however monitor the implementation of short-term let licensing and as part of this collects information from licensing authorities to inform the implementation update. There was an Implementation Update Report published in August 2024 and a number of updates provided to the Local Government Housing and Planning Committee with the latest updated provided in June 2025.
While the Scottish Government does not oversee fee levels set by councils as part of our ongoing monitoring we contribute to local authority forums where fees are a recurring topic of discussion as such we are unable to provide this information as per section 12 of FOISA as it is estimated that the cost of locating, retrieving and providing the information requested under this question would exceed the £600 upper cost limit.
Question 2 a) and b)
The Scottish Government has engaged with individual licensing authorities on short-term let licence fee levels, as part of our ongoing monitoring, concerns have been raised by stakeholders. We are unable to share correspondence exchanged as it is estimated that the cost of locating, retrieving and providing the information requested under this question would exceed the £600 upper cost limit as per section 12 of FOISA. However, as your request included steps taken, we have provided the attached table summarising our actions on the topic.
Question 3
Under section 25(1) of FOISA, we do not have to give you information, which is already reasonably accessible to you. (information otherwise accessible). However we have outlined two links to published guidance for licensing authorities (councils), which includes guidance on fees.
Item 1
Short Term Lets Licensing Scheme Part 2. Supplementary Guidance for Licensing Authorities, Letting Agencies and Platforms, published in September 2024
Short term lets - licensing scheme part 2: supplementary guidance - gov.scot
Item 2
Short Term Lets Licensing Scheme Part 2. Supplementary Guidance for Licensing Authorities, Letting Agencies and Platforms, published in June 2023
Short term lets - licensing scheme part 2: supplementary guidance for licensing authorities, lettingagencies and platforms - gov.scot
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Detected exemption language
However, while our aim is to provide information whenever possible, we are unable to provide some of the information you have requested because exemptions apply under the Freedom of Information (Scotland) Act 2002 (FOISA) to that information. Section 12 – Excessive costs As per section 12 of FOISA we are unable to provide some of the information you have requested as it is estimated that the cost of locating, retrieving and providing the information requested question 1 b) and 2 a) and b) would exceed the £600 upper cost limit. While the Scottish Government does not oversee fee levels set by councils as part of our ongoing monitoring we contribute to local authority forums where fees are a recurring topic of discussion as such we are unable to provide this information as per section 12 of FOISA as it is estimated that the cost of locating, retrieving and providing the information requested under this question would exceed the £600 upper cost limit. We are unable to share correspondence exchanged as it is estimated that the cost of locating, retrieving and providing the information requested under this question would exceed the £600 upper cost limit as per section 12 of FOISA. Question 3 Under section 25(1) of FOISA, we do not have to give you information, which is already reasonably accessible to you.