London's 90-night rule for Airbnb hosts
In London, you can let a home as short-term accommodation for up to 90 nights in a calendar year without planning permission, as long as the person providing it pays council tax on the property. Go over 90 nights and you need planning permission from your borough. The rule comes from section 25A of the Greater London Council (General Powers) Act 1973, added by section 44 of the Deregulation Act 2015.
What is the 90-night rule?
Since 1973, London has treated using a home as "temporary sleeping accommodation" as a material change of use that needs planning permission. The explanatory notes to the Deregulation Act 2015 say this applies across the 32 London boroughs and the City, even if only part of the property is used this way.
In 2015 the Deregulation Act added an exception. You do not need planning permission if both of these are true:
- the nights of short-term use, added to any earlier nights in the same calendar year, do not go over 90
- the person providing the accommodation is liable for council tax on the home for each of those nights
The Mayor of London's short-let guidance puts it simply: short lets must not add up to more than 90 nights in a calendar year. The council tax condition was designed to exclude business premises, as the government announcement in 2015 explained.
What counts towards the 90 nights?
"Temporary sleeping accommodation" means accommodation occupied by the same person for less than 90 consecutive nights in return for money, according to the Mayor of London guidance. Every night of that kind counts.
| Question | What the law says |
|---|---|
| Which stays count? | Stays where the same person occupies the home for less than 90 consecutive nights, in return for money. This is "temporary sleeping accommodation". |
| Which period? | The calendar year, 1 January to 31 December. The count does not roll over 12 months from your first booking. |
| Several platforms? | Nights are added together. The Act says it does not matter whether earlier nights in the year were provided by the same person, so every booking site counts towards one total. |
| Who must pay council tax? | The person providing the accommodation (or at least one of them) must be liable for council tax on the home for each night counted. |
| Long lets? | Letting to long-term occupiers of a lawful home does not need planning permission and is outside the 90-night count. |
Sources: Deregulation Act 2015, section 44 and london.gov.uk.
Renting a room while you live there
The official guidance we checked does not say whether letting a spare room in the home you live in counts in the same way as letting the whole home. If you let rooms in your own London home, ask your borough planning team before you rely on going past 90 nights.
What happens if you go over 90 nights?
Letting for more than 90 nights in a calendar year is a material change of use and needs planning permission from your local council. Letting without permission when you do not meet both conditions is unlawful and risks planning enforcement action, says the Mayor of London guidance.
Boroughs apply their own planning policies to these applications. For example, Haringey Council says an application must also meet its policy on hotels and visitor accommodation.
When the exception does not apply at all
Under section 25B, a borough (with the Secretary of State's consent) or the Secretary of State can direct that the 90-night exception does not apply to a property or an area, where this is needed to protect local amenity (Deregulation Act 2015, section 44). If a direction covers your home, you need planning permission for any short letting.
Other permissions London hosts need
Staying under 90 nights deals with planning only. The Mayor of London guidance also tells hosts to get permission from:
- your landlord, if you rent
- your freeholder, if you are a leaseholder
- your mortgage lender
- your insurer
The 2015 change did not override tenancy clauses that ban subletting (GOV.UK).
Is there a 90-night limit outside London?
No. The 90-night rule is specific to Greater London. When it was introduced, the government said the change brought London into line with the rest of England, where there is no equivalent nightly limit in law.
Night counts still matter elsewhere for business rates. In England, a self-catering property is rated for business rates if it was available to let for at least 140 nights and actually let for at least 70 nights in the last 12 months, for stays of 28 nights or less, and you plan to make it available for 140 nights in the next 12 months (GOV.UK business rates guidance). Otherwise it pays council tax. For whole-property lets, see our page for holiday let owners.
Safety checks for short lets
The night limit is one rule. The safety checks apply whether you let for 9 nights or 90.
- Gas safety: HSE says landlord gas duties cover rented holiday accommodation and rooms let in private households. You need a yearly check by a Gas Safe registered engineer and should keep the record for 2 years (HSE landlord gas FAQs).
- Fire safety: GOV.UK publishes a fire safety guide for small paying guest accommodation, with a fire risk assessment checklist.
- Electrics and insurance: follow HSE guidance on electrical safety, and have insurance suited to short-term letting, including public liability cover (GOV.UK rules for self-catering lets).
Our page for Airbnb hosts lists each check with its source. To see which checks apply to your own listing, try the free compliance checker.
The national short-let register
GOV.UK says the government is introducing a mandatory national registration scheme for short-term lets in England, and that it is expected to begin in March 2027. The Levelling-up and Regeneration Act 2023 gives the legal framework, and further legislation is still needed (GOV.UK: delivering a registration scheme for short-term lets).
Some details are not confirmed yet. The official guidance does not yet say what information hosts will have to give, whether there will be a fee, or whether there will be a threshold for people who let only occasionally. It says hotels, hostels and B&Bs will not be affected.
The register is a separate thing from the London 90-night rule. Registering will not give you more nights, and staying under 90 nights will not exempt you from registering.
This guide explains the rules in general terms. It is not legal or tax advice. For your own property, speak to your borough or a solicitor.