Tuesday, December 6, 2022

New registration laws for short-term rental accommodation in NSW

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Tweed Shire Council, Media Release, 1 November 2021

From 1 November 2021, owners of short-term rental accommodation (STRA) will be required to register their properties with the NSW Government and will no longer require Council planning approval.

Kingscliff
The rising popularity of the Tweed as a tourist destination has seen a sharp upsurge in short-term rental accommodation in the area, including Kingscliff. Photo: Tweed Shire Council.

Under the new legislation, hosts of STRA properties across the state, including those using booking platforms such as Stayz, AirBnB, Booking.com or letting agents, must register their properties on the NSW Government’s STRA register.

Changes to the State Environmental Planning Policy (Affordable Rental Housing), allow STRA to be undertaken in lawfully constructed residential dwellings, and in all land use zones in which dwellings are permissible.

This includes strata properties, although some restrictions may apply under individual property by-laws.

This does not include moveable dwellings, such as caravans and tents, and structures not approved as dwellings such as garages.

Council’s Planning Director Vince Connell said the new laws had been in development by the NSW Government for some time.

“The rising popularity of the Tweed as a tourist destination, along with the ease of digital booking platforms, has seen a sharp upsurge in short-term holiday accommodation in recent years,” Mr Connell said.

“These new laws introduced by the NSW Government will mean a standardised approach to the industry across the state, making it easier for everyone, including hosts, guests, letting agents and booking platforms, to achieve consistency.”

All hosts and guests must agree to abide by the NSW Government’s Code of Conduct for STRA as part of this new process, with any complaints relating to breaches of the code to be directed to NSW Fair Trading for action.

“If anyone has any complaints relating to a short-term rental accommodation property, they are encouraged to contact NSW Fair Trading,” Mr Connell said.

“Similarly, if any hosts, guests or letting agents have any questions, including how to register an STRA property, they should contact Service NSW for assistance.”

To be able to register as an STRA, each premises needs to meet minimum fire safety standards and swimming pool registration standards apply. Registered certifiers and Council can issue swimming pool compliance certificates.

For assistance with the STRA register, email NSW Planning’s ePlanning team at stra@dpie.nsw.gov.au or call Service NSW on 1300 305 695.

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