Airbnb Rules in Brighton and Hove

Brighton is in the "legal but watched" category: no 90-day cap, no STL licence yet, but a very active council, heavy Article 4 use in other areas, and short-lets squarely in their sights.

Planning position and Article 4

There is no London-style night limit in Brighton and Hove and, as of April 2026, no short-let-specific Article 4 Direction in force.

The reality in 2026:

A normal flat or house is Use Class C3.

If you run it as a whole-home holiday let or serviced apartment with high guest turnover, the council can treat that as a material change of use to C1/sui generis and require planning permission.

Hosted stays where you rent a room while still living there are usually treated as lower impact and much less likely to trigger planning.

Third-party rule summaries spell it out:

"Short-term lets are legal in Brighton & Hove, but you may need planning permission if a C3 dwelling is run as visitor accommodation on a frequent basis. There's no citywide night cap."

"Hosts are required to obtain planning permission if the property is rented out as a short-term holiday let and is not the host's primary residence, particularly if it is available for rental for more than 90 days a year."

That 90-day reference is policy guidance, not a statutory threshold like London's s25 GLC 1973 rule. It is a signpost for when the council starts to view you as a business, not a separate legal allowance.

Article 4:

Brighton already operates several Article 4 Directions:

One that restricts office-to-residential changes (Class MA) in key commercial areas.

Extensive HMO Article 4 coverage, taking away C3 to C4 PD in many streets with high student/flat-share density.

A 2024 council "Short Term Lets Task & Finish Group" scoping report explicitly says that once the new C5 short-let use class is live nationally, Brighton could use an Article 4 Direction to remove C3 to C5 permitted development rights in hotspots.

As at April 2026, there is no STL Article 4 in force yet, but the paperwork shows they are preparing for exactly that move.

Council policy stance and enforcement

Brighton & Hove City Council has politically nailed its colours to the mast:

It estimates between 2,000 and 6,000 homes in the city are used as short-term lets.

It links STR growth to:

Loss of long-term rentals.

Rising rents.

Health and safety worries.

Waste and noise issues.

In 2025 the council voted through restrictive measures targeting STRs and decided to:

Lobby ministers to pilot a local licensing scheme for short-term lets in Brighton.

Explore stricter planning controls, including:

Adding anti-STR clauses into leases on new developments.

Establishing geographic zones with hotel-like rules.

Enforcement pattern:

Brighton "is more proactive than most when it comes to monitoring", including:

Investigating complaints about unauthorised STRs.

Writing to hosts about potential change of use.

One landlord forum example cited in a 2024 guide shows a Brighton host receiving a "threatening letter" when they let out rooms in a licensed HMO on Airbnb without planning, mentioning fines up to GBP 5,000.

A March 2026 committee report shows they want:

Government approval to trial a local STL licensing scheme on top of the future national register.

Stronger planning tools to stop more C3 homes exiting into STRs.

So Brighton today is planning-led but moving towards licensing and zoning, not away from it.

National register, C5 and Brighton's "next move"

Nationally:

Government has confirmed:

A new Use Class C5 for short-term lets (not main homes).

A mandatory national registration scheme run via DCMS.

As of April 2026, both are confirmed but not yet commenced. Commencement dates and details are waiting on secondary legislation.

The Brighton angle from local briefings:

Expect a clearer planning status for entire-home STRs once C5 is in force.

Brighton already uses Article 4 aggressively; officials openly discuss:

Article 4 to remove any C3 to C5 PD in parts of the city.

Tighter STR-specific zones in the new City Plan.

The national register will finally give hard numbers on STRs, strengthening the case for targeted restrictions.

For your copy: tell hosts they are in a window where planning is still on the old framework, but C5 + registration are on the way and Brighton is lobbying to get even more tools.

Council tax vs business rates

Brighton uses the same national tests as everywhere else in England:

A short-let moves into business rates if, in the prior 12 months, it was:

Available to let for at least 140 days, and

Actually let for at least 70 days.

If it does not meet both tests, it stays in the council tax list.

On top of that:

Councils can charge up to a 100% second-home premium on council tax from April 2025 if a property is not used as a sole or main residence.

The Furnished Holiday Let (FHL) regime has been abolished from April 2025, so there is no FHL tax status to chase. You are either:

A council-taxed second home / main home with STR income, or

On business rates as a self-catering unit if you hit the thresholds.

Two big mistakes:

Hosts assume they can choose business rates to dodge council tax premiums. In reality the VOA decides based on evidence.

Hosts forget council tax and business rates are separate from income tax. You still declare STR profits to HMRC.

ADR, occupancy and revenue

Brighton is a textbook weekend and summer city: very strong Fridays/Saturdays, Pride, The Great Escape and conference weeks, softer mid-week outside peak.

By area:

Kemptown, seafront, North Laine, Lanes:

Seasonally-weighted ADR for good one-beds and small two-beds around GBP 140-220 per night, with peak weekends, Pride and festival weeks pushing higher.

Further out (Preston Park, Hove backstreets, residential suburbs):

ADR typically GBP 90-140 per night depending on standard and access.

Occupancy bands by operator quality:

Weakly run listings: 40-55% year-round.

Solid self-managers: 55-70%.

Strong SA operators capturing conferences and events: 70-80%.

Worked gross revenue examples:

Central Brighton one-bed (Kemptown / North Laine): ADR GBP 160, occupancy 68%. Gross = 160 x 0.68 x 365 = GBP 39,712.

Two-bed seafront flat: ADR GBP 190, occupancy 72%. Gross = 190 x 0.72 x 365 = GBP 49,932.

Hove / outer-area one-bed: ADR GBP 110, occupancy 60%. Gross = 110 x 0.60 x 365 = GBP 24,090.

All before ~15-20% platform fees, 12-20% + VAT if you use a management company, cleaning/linen, utilities, repairs and tax.

Conference and events impact

Brighton's demand mix is better than a pure seaside town because of:

Conference trade at Brighton Centre and other venues.

Major events like:

Brighton Pride (huge spike in ADR and occupancy).

The Great Escape festival.

Marathon and half-marathon weekends.

This pattern:

Pushes weekend ADR and occupancy to very high levels in summer and event weeks.

Leaves some mid-week shoulder and winter softness where pricing and minimum-stay strategy matter.

What Brighton hosts get wrong

Thinking there is a secret 90-day allowance like London. London's 90-day rule is Greater London legislation. Brighton has no statutory night cap. Planning looks at intensity and impact, not a fixed number of nights, although 90 days is often used as a red-flag threshold in guidance.

Assuming short-lets are invisible because there is no licence yet. The council already investigates complaints, sends letters about change of use, and is lobbying to pilot a licensing scheme on top of the future national register.

Treating council tax vs business rates as optional. You only get business rates if you hit 140 days available and 70 days let and the VOA re-lists you. Until then, you are on council tax and may face a second-home premium from 2025.

Ignoring Brighton's Article 4 culture. Even though there is no STL Article 4 yet, the city already uses Article 4 to protect offices and control HMOs. Once C5 is active, it is one of the most likely places to remove C3 to C5 PD in central streets. Banking on "permitted development forever" is optimistic.

Underestimating neighbour and community pressure. Brighton has vocal residents' groups and a tenant-heavy population. Repeated complaints about noise, waste and parking are more likely to be escalated here than in a quiet coastal village.

Running HMOs and STRs in the same property without extra permissions. There are real-world examples of licensed HMOs where landlords also list rooms on Airbnb and get hit with enforcement warnings for running a different use without planning.

Assuming today's rules will still apply once C5 and the national register start. National policy is set. Brighton's own reports explicitly map out using the register, tightening planning, and potential local STL licensing. If you buy now on marginal assumptions, you are betting against the direction of travel.

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