TL;DR
Birmingham has no citywide night cap (London’s 90-night rule doesn’t apply). Whole-home short-lets are planning-led and can be a material change of use case-by-case. England has confirmed a new C5 use class and a mandatory national register (not yet commenced). You must complete a fire risk assessment; if your property is available ≥140 days and let ≥70 days, it may be rated for Business Rates.
Table of Contents
Is short-term letting legal in Birmingham in 2025?
Yes — but it’s planning-led and case-by-case. Using a dwelling (Use Class C3) as an entire-home holiday let/serviced accommodation can amount to a material change of use, typically assessed against intensity, amenity impacts, servicing and local policy; permission may be required depending on the facts. A neutral explainer outlines this England-wide approach.
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What’s changing nationally (confirmed; not yet commenced)
England has confirmed a package for short-term lets:
- A new use class (C5) and planning permission for future STRs where applicable.
- A mandatory national register operated by DCMS.
- Proposal that homeowners can let their main home up to 90 nights without planning (outside London) once commenced. Implementation requires secondary legislation; councils may use Article 4 to remove any C3↔C5 permitted development in specific areas.
Birmingham angle
- Expect a clearer planning status for entire-home STRs (C5) once commenced.
- Track Birmingham City Council updates: the council already operates a city-wide Article 4 Direction for HMOs, showing active use of A4 powers; as of Sept 2025 there is no Article 4 for STRs published.
Contrast with London: the 90-night cap is Greater London-only; Birmingham has no citywide cap and relies on planning control.
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Tax & rating: when a Birmingham STR moves to Business Rates
Self-catering/holiday lets are rated non-domestic if available ≥140 days and actually let ≥70 days in the previous 12 months (England). Then the VOA sets a rateable value; reliefs (e.g., SBRR/RHL) depend on current schemes and value thresholds. If you do not meet 140/70, you remain on Council Tax (second-home premiums may apply locally).
Fire & safety: what Birmingham hosts must do (England)
All paying-guest accommodation must comply with fire safety law. For typical small STRs, follow the Home Office guide “Making your small paying-guest accommodation safe from fire” (with checklists):
- Do a fire risk assessment and review periodically.
- Provide detection & alarm; keep escape routes protected/clear.
- Install/maintain CO alarms where required.
- Provide a fire blanket (and extinguishers where proportionate).
- Test/maintain systems; keep maintenance logs and guest info visible.
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Mini How-To: Stay compliant in Birmingham (step-by-step)
- Map your use today — If you’re running an entire-home holiday let/SA, assume the council may view it as a material change of use depending on intensity/impacts; gather evidence (booking frequency, turnover/management plan, neighbour-amenity measures).
- Check the roadmap — Plan for C5 and the national register (not yet commenced). Watch for any Article 4 consultations that could restrict C3↔C5 PD.
- Fire safety now — Use the Home Office guide to complete a risk assessment; fix gaps; keep a log and provide guest safety info.
- Rates & tax — If you meet 140/70, expect Business Rates (check VOA valuation approach and any current relief schemes). If below, Council Tax applies. Keep availability and lettings evidence.
- Neighbourliness/amenity — Clear house rules, waste plan and quiet-hours reduce complaints (a planning risk) and support any future application.
- Re-check annually — National rules are evolving; revisit planning/rating/safety each year and before scaling.
FAQs
Is there a 90-night cap in Birmingham like London?
No. The 90-night limit is specific to Greater London. Birmingham is planning-led and case-by-case.
Do I need planning permission to run an entire-home Airbnb?
Possibly. Whole-home STRs can amount to a material change of use depending on intensity/impacts; permission may be required. Pre-application advice helps.
What is the new C5 use class?
A dedicated short-term let use class for England alongside a mandatory register; commencement and mechanics are via secondary legislation. Councils can restrict C3↔C5 PD using Article 4 where justified.
Will I have to register my Birmingham STR?
Yes — once the national register commences, registration is expected to be mandatory (watch DCMS updates).
When do I move from Council Tax to Business Rates?
When the property is available ≥140 days and actually let ≥70 days in the previous 12 months; otherwise you remain under Council Tax.
What safety standards apply?
Follow the Home Office small paying-guest accommodation guide: risk assessment, alarms, escape routes, CO alarms, fire blanket, and maintenance logs.
Not Advice: This guide highlights key points for short-term letting and is not legal or tax advice. Rules change — always check the relevant authority’s website for your property and seek professional advice if unsure.