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Planning permission for a holiday let in England: change of use, the C5 proposal, leases and mortgages
Sergej Sitki · founder of ReceptionGO and host
Published 1 November 2026 · 5 min read
General information, not legal or tax advice. Check your own case with your local council, HMRC or the relevant revenue authority, or an accountant.
Outside London there is no national night limit on holiday lets, and the proposed C5 use class is not in force. A council can still require planning permission if the use is a material change from a home. In Greater London the cap is 90 nights. A lease or mortgage can ban letting even where planning law does not.
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Hosts search “do I need planning permission for an Airbnb?” and find two confident, opposite answers. Both are incomplete. England has no single holiday-let licence, the proposed C5 use class is not law yet, and a council can still say that the way you use the house has changed what it is. London is the one place with a number. Everywhere else, the honest answer is a test, plus two contracts that are often stricter than the council.
Change of use is a question of fact
Development includes a material change in the use of a building. Letting your own home for a short period is not, by itself, a change of use. Running it as a full-time holiday cottage, with groups arriving every weekend, can be. In Moore the Court of Appeal confirmed that holiday use of a dwelling can amount to a material change, and that the decision depends on the character and effects of the use in that case: comings and goings, the number of people, how unlike a home it has become.
That is why a blog post cannot clear your house. It is also why a council in a tourist area can enforce against one property and not the one next door. If you are buying, a lawful development certificate is how you get a formal answer for an existing use. If you are already letting and a planning contravention notice arrives, answer it with the record of nights and occupancy. Do not ignore it. The time limits for enforcement are not a strategy.
London, Cornwall, the Lakes — three different layers
| Place | What actually binds you |
|---|---|
| Greater London | 90 nights without permission for an entire home. The 90-night guide is the detail. |
| Rest of England | No night cap. Material change of use, case by case. C5 not in force. |
| Cornwall neighbourhood plans | New homes in some parishes, including St Ives, must be a principal residence. That does not cancel an existing holiday cottage. See Cornwall. |
| Lake District National Park | New permanent homes are for permanent occupation, not a second home or a holiday let. Existing unfettered houses are a different question. See the Lakes guide. |
Business rates and council tax are not planning permission. Passing the 70-night test moves the bill; it does not grant a use. The 2027 register will sit alongside both.
The permissions that are not planning
- Mortgage. A residential mortgage that forbids letting is breached the first paid night, and a claim can be refused. Ask the lender for consent, or switch to a product that allows holiday letting, before the first booking.
- Lease and freeholder. In a flat, this is the permission that stops more lets than the planning department does. Get it in writing. A management company can seek an injunction.
- Insurance. A home policy that was not told about paying guests can be void. The insurance guide is the exclusions to read.
- Council tax and the VOA. A different regime, triggered by nights available and nights let, explained in the business rates guide.
Frequently asked questions
Has the C5 use class started?
No. In February 2024 the government proposed a C5 “short-term let” use class and permitted development rights to move between a home (C3) and C5, with councils able to remove those rights locally. As of October 2026 that proposal has not been brought into force. Do not advertise a property as “C5 consented” on the strength of the consultation.
Can my council ban holiday lets without C5?
It can take enforcement action if it considers the use a material change from a dwelling. The Court of Appeal in Moore said that whether holiday letting is a material change of use depends on the facts: the character of the use, not the label. A house let full-time to a procession of groups can be a change of use. A home you let for a fortnight may not. There is no national certificate that settles it.
What about flats?
Planning is only one gate. A long lease often requires the flat to be a single private dwelling, bans stays under a stated length, or requires the freeholder’s consent. A mortgage on a home often bans letting without consent, and a holiday let needs a lender that accepts it. Those contracts are enforceable whether or not the council ever writes to you.
Do Article 4 directions ban cottages?
Article 4 removes specified permitted development rights in a mapped area. It is widely used for pop-up campsites and for small home extensions. It is not, by itself, a national ban on letting an existing house. Check the council’s map for the specific right it removes. Campsites are covered in the glamping guide.
Does the 2027 register replace planning permission?
No. Registration is how the property is identified. Planning permission, where it is required, is a separate decision. The register will make unauthorised use easier to spot because the listing will carry a number.
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- Town and Country Planning Act 1990, section 55 — meaning of development
- GOV.UK — Delivering a registration scheme for short-term lets (February 2024)
- Moore v Secretary of State for Communities and Local Government [2012] EWCA Civ 1202
- GOV.UK — Letting out a self-catering holiday home in England
Rules last checked on 22 October 2026.