As more Australians find it more difficult to secure housing and the cost of goods and services skyrockets, local and state governments have directed their considerable legislative armament at short-stay accommodation providers.
Some municipalities have increased rates on properties listed on platforms like Airbnb and Stayz, while state governments have limited the number of days these properties can be rented as vacation accommodations.
Here’s the latest on what rules govern the use of properties for short stays in Australia.
WA still decides, town halls take action
Broome property owners who plan to rent their homes through an online platform will need to register with town hall.
The Broome Shire Council committed to the changes last month as part of a new planning scheme, which is still pending approval by the state Planning Minister.
Under the above scheme, the county did not have the capacity to approve short-term rental properties to operate in designated areas for residential use.
But the new scheme gives the council the power to authorize properties in residential areas as long as landlords ask permission.
Broome’s board says it moved to make the financial operating environment fair for all of the city’s accommodation providers. (ABC News: Andrew Seabourne)
The council’s argument was that people who operated resorts and hotels paid higher rates, while people who operated short-term rentals “had no restrictions around them.”
Further south, local laws passed by Busselton City Council have imposed a night curfew on guests and banned leaving dogs unattended.
The rules are part of the second phase of regulatory changes that give the city power to deregister holiday homes that do not adhere to the new code of conduct.
It also requires property managers to respond to public inquiries within 12 hours.
Margaret River wineries attract many visitors and the city of Busselton is moving to regulate the amount of short-term accommodation offered in the region. (ABC South West WA: Anthony Pancia)
The code of conduct for holiday home visitors ended in April and included a limit on the number of guests after 10 p.m.
It also forced owners to display a sign with the manager’s contact details visible from the street.
The town of Busselton governs the popular tourist regions of Dunsborough, Yallingup and parts of the Margaret River.
WA’s Department of Local Government, Sports and Cultural Industries is investigating the implementation of a new statewide registration system for short-stay accommodations.
Online booking platforms and short-stay accommodation providers are being consulted.
Queensland councils raise rates
At Noosa Shire, a single application must be made for all existing and new properties operating on short-stay rentals. (Provided by: Lacey’s Creek Homestead and Vineyard)
Some of Queensland’s largest resorts are introducing regulations designed to limit the number of properties listed on sites like Airbnb and return the stock to the long-term rental market.
Brisbane Mayor Adrian Schrinner announced last week that the council would apply an additional 50% charge to bills for rental property rates as short-term accommodation.
While the council does not have exact data on how many short-term accommodation properties operate in Brisbane, it will be based on owners identifying themselves, along with reports from neighbors and “technology”, to find the properties.
On the coast, Noosa Shire Council passed a new local law in February that required a single application to be made for all existing and new properties operating in short-stay rentals or home accommodation, unless ‘identify as exempt.
Annual renewal of the approval will be required as long as the accommodation activity continues to operate on the property.
Complaints will be handled through a centralized claims hotline 24 hours a day, 7 days a week, and properties must display a notice of approval on the front of the property, including the hotline number. of claims 24 hours a day, 7 days a week, and the approval number.
Cairns could follow Brisbane’s example and raise rates for short-term accommodation owners. (AAP: Lloyd Jones / Photo Archive)
The council had also charged a state fee to short-term accommodation providers.
And in the Far North, the Cairns Regional Council is expected to raise rates later this month on investment properties in an effort to penalize short-stay accommodation providers.
NSW introduces the registration fee, limits on stays
The NSW government introduced a mandatory code of conduct and changes to strata legislation in 2020.
Hosts must register their accommodation in the short term and comply with a fire safety standard.
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A registration fee of $ 65 for the first 12 months and an annual renewal fee of $ 25 are part of the laws.
Lodged and unheated short-stay properties can operate year-round in the state, except in Greater Sydney and some NSW regional areas of local government.
Lists not housed in these areas, i.e. properties where the owner does not also live in the house while a guest is there, are limited to 180 days a year.
Reservations over 21 consecutive days are exempt from the daily limit.
Byron Bay will introduce strict limits on short-term stays. (ABC News: Bridget Judd)
However, Byron Bay seems willing to demand a 90-day limit on short-term lists in a move to vacate the housing stock.
The options being considered for vacation and short-term accommodation are a 90-day limit for non-lodged accommodations in most county, or non-lodged accommodations that are available year-round at certain zones.
On the south coast, the Eurobodalla Shire Council has written to thousands of holiday home owners asking them to make their properties available to tenants to alleviate the housing crisis in the region, in an effort to avoid “going the regulatory route”.
More information on the Australian real estate market:
Tasmania has a permit system
Tasmanian hosts are now required to register for permission with their local council or claim an exemption if their list is eligible.
No permission is required if the accommodation is the main place of residence, and the owner welcomes the space when they are temporarily away or guests do not occupy more than four bedrooms.
However, those who legally use their property for guest accommodation before July 1, 2018 are not required to obtain a permit, nor are hotels, motels or caravan parkings.
Hobart limits the number of properties allowed to accommodate short-stay guests. (Offer: realestate.com.au)
In March, the number of short-stay properties allowed in the Hobart area was limited under a motion passed by Hobart City Council to stop new permits for whole-house development in residential areas.
Rules of conduct apply to Victoria
For short-term accommodation in units and apartments, Victoria has rules governing noise and behavior.
Victoria introduced strict laws regarding noise and other complaints about guests in short-term accommodations. (ABC News: Michael Barnett)
They apply if a person shares a private room, their entire home while away, or shares a non-primary place of residence, such as a vacation home.
Acts such as making excessive noise or damaging property constitute a breach or strike under the new laws and give the Victorian Civil and Administrative Court the power to prevent the owner of an apartment from renting his property in the short term if they file three different complaints within one term. Period of 24 months.
The laws also allow the apartment owner to be charged with an equipment loss compensation order, which can be up to $ 2,000 per complaint.
Owners and guests of a short-term rental apartment may face penalties.
South Australia, Northern Territory, ACT
South Australia has a proposal for a property registration, but nothing has been approved yet.
The NT and ACT have nothing specific in the law either, but landlord corporations may decide that leases must be signed for a minimum period of time to limit Airbnb instances.
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Posted on June 23, 2022 June 23, 2022 Thu June 23, 2022 at 8:22 PM, updated on June 23, 202223 June 2022 Thu June 23, 2022 at 10:23 PM