What are the new regulations for Short-Term Rental Accommodation in NSW?
On 1 November 2021, the NSW Government introduced new laws to regulate short-term rental accommodation (STRA) in NSW.
Short-term rental accommodation under the new regulations is defined as a dwelling used by the host to provide accommodation in the dwelling on a commercial basis for a temporary or short-term period.
The new regulations are found in the State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) 2021.
The new regulations were designed to support short-term rental accommodation as a home-sharing activity while putting protections and minimum standards in place for the safety of hosts and visitors.
What is new about these regulations?
The new regulations include new definitions and development standards for STRA, fire safety standards for STRA dwellings, and a Government-run STRA Register.
The new amendments sit alongside the Code of Conduct for the Short-term Rental Accommodation which creates new minimum standards of behaviour and requirements for booking platforms, hosts, and guests.
More information on the NSW STRA regulations and Code of Conduct can be found on the NSW Planning Departments website: https://www.planning.nsw.gov.au/Policy-and-Legislation/Under-review-and-new-Policy-and-Legislation/Short-term-rental-accommodation
What accommodation is considered Short-term Rental Accommodation?
The list of accommodations options included in the STRA Regulations include:
- a dwelling house (free-standing house), an attached dwelling, or a semi-detached dwelling
- a dual occupancy
- multi-dwelling housing
- a residential flat (such as a unit in a block of flats)
- a secondary dwelling (such as a granny flat)
- housing above shops.
The types of accommodation NOT included in the new STRA regulations include:
- moveable dwellings: caravans, tents or glamping accommodation.
- tiny homes
- seniors’ housing
- rural workers’ dwellings
- group homes
- refuge or crisis accommodation
- build-to-rent housing
- co-living housing
If you are unsure about whether the accommodation you provide is captured under these reforms you should contact ServiceNSW on 1300 305 695 or contact the Housing Policy team at email@example.com.
Is tourist accommodation included?
Approved tourist and visitor accommodations such as serviced apartments, bed, and breakfasts, eco-tourist facilities, hotels, motels, resorts, camping grounds, or caravan parks are not required to register for STRA. They are allowed to continue to be listed on online accommodation platforms. If you are unsure of the status of the accommodation, contact your local Council for assistance.
What are the next steps if my structure is covered under these new regulations?
If the accommodation you provide is captured under these reforms there are a number of steps you need to take before taking any new bookings.
Hosts must register with the NSW Government run STRA register, comply with the new fire and safety requirements and agree to follow the code of conduct.
See the steps below on how to register.
How to register:
- Visit the NSW Government's STRA registration site on the Planning Portal
- Click “Register Now”. You will need to create a NSW Planning Portal Account or log-in with your Service NSW account.
- All hosts must comply with the new fire and safety requirements and agree to follow the code of conduct before their registration is completed.
- Once you have logged into the portal click on the “New” tab in the top left corner of the screen.
- Register your details.
- There will be a $65 registration fee for the first 12 months with an annual renewal fee of $25 after that.
- Record your registration number. You will need to add this registration number under your Hipcamp site description.
A copy of the Code of conduct for the short-term rental accommodation industry can be found by visiting: https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0012/925788/Code-of-Conduct-for-the-Short-term-Rental-Accommodation-Industry.pdf