Short-Term Lets and Planning Permission in North London

Introduction

The growth of short-term rental platforms such as Airbnb, Vrbo, and Booking.com has created a new category of residential use — the short-term holiday let — that sits awkwardly in the planning use class system. In London, the Deregulation Act 2015 introduced a specific provision for short-term letting in the capital, but this has not resolved all planning uncertainty around the use. For north London homeowners wishing to let their property on a short-term basis, understanding the planning implications is important before committing to this use. This guide explains the current planning position in England and in north London specifically.

The 90-Day Rule in London

The Deregulation Act 2015 amended the Greater London Council (General Powers) Act 1973 to allow a residential dwelling in London to be used for short-term letting for up to 90 nights per calendar year without planning permission. This is sometimes called the "90-day rule." The conditions are:

• The property must be a proper residential dwelling (Class C3 use)
• Short-term letting does not exceed 90 nights per calendar year
• The owner or occupier is liable to pay council tax on the property (i.e., it is their principal home or a secondary residence)

Within these conditions, a homeowner can let their home on Airbnb for short periods (up to 90 nights per year) without any planning permission. The Deregulation Act does not apply to commercially run short-term let properties, serviced apartments, or purpose-built holiday accommodation.

Exceeding 90 Days: Change of Use

Where a property is used for short-term letting for more than 90 nights per year, the use changes from Class C3 (dwelling house) to a sui generis short-term let use — outside any use class. This change of use requires planning permission in London. An application for change of use from C3 to a short-term let use will be assessed by the LPA against its residential policies and against the broader housing supply context.

Most London boroughs are reluctant to grant permission for permanent change of use from residential to short-term letting because:

• The loss of residential dwelling units reduces housing supply in boroughs with significant housing stress
• Short-term lets do not contribute to the permanent residential population and community of an area
• Intensification of short-term let use creates management and noise issues in residential areas

North London Borough Policies

Camden

Camden has taken a proactive approach to short-term letting regulation. The Council monitors short-term let listings against Council Tax records and planning compliance. Where properties exceed the 90-day threshold, Camden will pursue planning enforcement. Camden's planning policy requires that any approved short-term let use does not result in the net loss of residential accommodation from the borough's housing stock.

Islington

Islington applies similar scrutiny to short-term lets. The Council's housing supply policies strongly oppose the conversion of permanent residential accommodation to tourism use. Enforcement action has been taken against properties found to be operating as de facto hotels or serviced apartments without planning permission.

Barnet

Barnet enforces the 90-day rule and requires planning permission for short-term let use exceeding this threshold. In Barnet's conservation areas, the character of residential areas is a specific consideration in assessing planning applications for short-term letting.

Managing Short-Term Let Compliance

Homeowners wishing to let their property on a short-term basis should:

• Keep accurate records of all nights let — platforms such as Airbnb show a count of nights booked, but the homeowner should maintain their own record for planning compliance purposes
• Register with the property's local authority if the council has a short-term let registration scheme (currently voluntary in most boroughs)
• Notify their mortgage lender if their mortgage terms require consent for short-term letting — many residential mortgage terms prohibit commercial letting without consent
• Check whether their building's lease or freeholder's consent is required — short-term letting in a leasehold flat may require the freeholder's consent under the lease terms

Future Regulation

The government has consulted on a mandatory short-term let registration scheme for England (proposed in 2023). If implemented, homeowners would be required to register with a national scheme before letting their property on a short-term basis — providing local authorities with better data on the scale of short-term letting in their area and enabling more effective enforcement of the 90-day rule.

Conclusion

The 90-day rule provides a clear framework for short-term letting of a principal or secondary home in London without planning permission — provided the total nights let per year stays within the limit. Exceeding this threshold requires planning permission that is unlikely to be granted in most north London boroughs given the residential use policies. For homeowners considering short-term letting as part of their property strategy, staying within the 90-day limit and maintaining accurate records is the practical and legal approach. An architect or planning consultant can advise on the planning position for a specific property and its potential short-term letting use where the compliance position is uncertain.