Letting property for short term stays
Do you have paying guests? Short term stay letting property including AirBnB accommodation is incredibly popular and has seen a surge in popularity in the last few years. The industry is worth billions of pounds in revenue. If you are an owner of a short term let property or AirBnB then there are a number of responsibilities involved which you should be aware of. One of the most important is fire safety.
ire safety law applies to you if anyone pays to stay in your property, other than to live there as a permanent residence. Fire safety law in Scotland is enforced by the Scottish Fire & Rescue Service (SFRS) and their teams of Legislative Enforcement officers. The legislation which is relevant to AirBnB’s is the Fire (Scotland) Act 2005 and Fire Safety (Scotland) Regulations 2006. A link to Sector Specific Guidance for Existing Premises with Sleeping Accommodation can be found in the resources section at the end of this article. Fire safety law applies to short term letting accommodation premises regardless of how they are marketed, so will include relevant premises marketed through ‘peer to peer’ online platforms i.e. AirBnB premises. Fire safety law applies to you if you let out a room within your own home as guest accommodation even if you only do it occasionally.
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As a short term let property owner, what are my responsibilities? The Fire (Scotland) Act 2005 makes you the ‘duty holder’ or person in control of the premises to take steps to ensure the safety of paying guests who let the property from you. You must: 3 Carry out an Fire Safety Risk Assessment (FSRA) 3 If the outcomes of the risk assessment require it – take the 3 necessary steps to improve your fire safety measures 3 Review the fire safety risk assessment regularly to ensure its 3 currency is maintained You may be able to carry out an FSRA yourself, particularly if your premises is small and straightforward in internal layout. As a rule, if your premises are significantly larger than a family home, or if they include long, unusual or complicated routes to an exit, you will require more detailed advice on the
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range of fire safety arrangements that you need to consider. You may prefer to have someone else carry out an FSRA. There are a number of fire risk assessors available who can assist that you can pay to complete an FSRA, however you remain legally responsible for the FSRA. The Scottish Fire & Rescue Service, being the enforcing authority are unable to carry out FSRA’s for you. However they can offer guidance and advice on how you can achieve this and ensure your property is not only safe for guests but also legislatively compliant. What is a Fire Safety Risk Assessment? An FSRA is a holistic assessment of your premises, the persons likely to stay in those premises which includes elderly, very young children and disabled people. An FSRA is based upon the risk of fire breaking out and what measures you as the duty holder require to ensure are in place to prevent that fire in the first instance and ensure the safety of those paying guests. Gold Standard It is prudent for you to maintain a written record of your FSRA. If you have five or more employees (including any who work part-time) or your premises is subject to a license enacted upon it, the law says you must make a written record of the significant findings of the FSRA. Keeping a record will save you time and effort when you come to review and update it. It will also good practice and management compliance should the Scottish Fire & Rescue Service require to visit your property. Taking time to carry out an FSRA and act upon the findings not only ensures the safety of your guests but also protects your premises and increases your business resilience. After all, your property is a significant financial investment so it makes perfect sense to protect it as much as you possibly can.
