TL;DR
- Brighton has no citywide night cap. London's 90-night rule does not apply here.
- Whole-home short-lets are planning led and can count as a material change of use, decided case by case.
- The council takes enforcement seriously and can act on suspected breaches.
- England has confirmed a new C5 use class and a mandatory national register, but neither has commenced yet.
- Hosts must complete a fire risk assessment and keep it up to date.
- If your place is available for at least 140 days and actually let for at least 70 days, it may be assessed for Business Rates instead of Council Tax.
Updated May 2026.
Table of Contents
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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.
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.
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.
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.
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