TL;DR
Brighton 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; the council actively enforces. England has confirmed a C5 use class and a mandatory national register (not yet commenced). You must complete a fire risk assessment; if your place is available ≥140 days and let ≥70 days, it may be rated for Business Rates.
Table of Contents
Is short-term letting legal in Brighton in 2025?
Yes — but it’s planning-led and case-by-case. Brighton & Hove City Council says the need for planning permission depends on the degree of use change when a dwelling is used as a holiday let; some cases amount to a material change (e.g., to visitor accommodation/C1 or sui generis). If you suspect a property is operating without permission, the council provides a planning enforcement route.
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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) for STRs, planning permission for future STRs as required, and a mandatory national register (to be delivered by DCMS).
Status: implementation depends on secondary legislation; councils may later use Article 4 to withdraw any C3↔C5 permitted development in defined areas.
Brighton angle
- Expect a clearer planning status for entire-home STRs (C5) once commenced.
- Article 4 context: Brighton already operates Article 4 Directions in many areas (mainly for HMOs/heritage), showing the council actively uses A4 powers; there is no STL-specific Article 4 in force as of today.
- Exploring stronger STL controls: In 2025 the council’s Task & Finish Group reported options and cabinet scheduled a discussion on next steps (including planning tools and lobbying for licensing/registration).
Contrast with London: the 90-night cap is Greater London-only. Brighton has no citywide cap and relies on planning control.
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Tax & rating: when a Brighton STL moves to Business Rates
In England, a self-catering/holiday let becomes non-domestic if it’s available to let for 140+ days and actually let for 70+ days in the previous 12 months. If you meet this, the VOA sets a rateable value; reliefs depend on current schemes and thresholds. Brighton has a local page and form for short-stay holiday lets. If you don’t meet 140/70, you remain on Council Tax (local second-home premiums may apply).
Fire & safety: what Brighton hosts must do (England)
All paying-guest accommodation must comply with fire safety law. For typical small STRs, use the Home Office guide “Making your small paying-guest accommodation safe from fire” (with checklist). Do the following and keep records: fire risk assessment; appropriate detection & alarm; clear/protected escape routes; CO alarms where required; fire blanket/extinguishers where proportionate; routine testing/maintenance.
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Mini How-To: Stay compliant in Brighton (step-by-step)
- Map your use today — If you’re running an entire-home holiday let/SA, the council may view it as a material change of use depending on intensity/impacts; keep a bookings log, turnover/management plan, and 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 in hotspots.
- Fire safety now — Use the Home Office guide to complete a risk assessment; fix gaps; keep a maintenance log and provide guest safety info.
- Rates & tax — If you meet 140/70, expect Business Rates (check VOA valuation 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 application/enforcement response.
- Re-check annually — National rules are evolving; revisit planning/rating/safety each year and before scaling.
FAQs
Is there a 90-night cap in Brighton like London?
No. The 90-night limit is specific to Greater London; Brighton controls STLs via planning.
Do I need planning permission to run an entire-home Airbnb?
Possibly. Whole-home STLs can be a material change of use depending on intensity and impacts; Brighton handles this case-by-case and can enforce.
What is the new C5 use class?
A dedicated short-term let use class for England; Government also plans a mandatory register. Start dates depend on secondary legislation; councils can restrict C3↔C5 via Article 4 where justified.
Will I have to register my Brighton STL?
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 Council Tax applies.
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.