Short–term rental accommodation

Short-term rental accommodation in Byron Shire

On 11 February 2019, the Minister for Planning and Housing announced that due to the high concentration and unique impacts of short-term rental accommodation (STRA) on some parts of Byron Shire, he would issue a Ministerial Direction (3.7). This invites the Byron Shire Council to prepare a Planning Proposal that could introduce a 90 day threshold in the most impacted towns of the Local Government Area. This Planning Proposal process would include impact assessment and consultation with communities.

Proposed amendments to planning rules (on exhibition 5 October – 16 November 2018)

The Department is now considering feedback received during the exhibition period.

The state-wide planning rules are part of a recently announced Government framework for short-term rental accommodation (STRA) in NSW. The framework also includes an industry-wide mandatory Code of Conduct and changes to strata legislation.

The proposed amendments to planning rules will:

• Introduce a single definition for STRA;
• Introduce exempt and complying development pathways that enable STRA as:
  • Exempt development for up to 365 days per year, when the host is present.
  • Exempt development, when not on bushfire prone land and when the host is not present, for:
    • No more than 180 days per year in Greater Sydney
    • Up to 365 days per year outside of Greater Sydney. Councils outside Greater Sydney will be able to decrease the 365 day threshold to no lower than 180 days per year.
  • Complying development, when on bushfire prone land under BAL29 rating and the host is not present for:
    • No more than 180 days per year in Greater Sydney
    • Up to 365 days per year outside of Greater Sydney. Councils outside Greater Sydney will be able to decrease the 365 day threshold to no lower than 180 days per year; and
• Introduce minimum fire safety and evacuation requirements for premises used for STRA.

An Explanation of Intended Effect has been prepared detailing the proposed amendments to planning rules.

View the Explanation of Intended Effect (EIE)

Read the Frequently Asked Questions

Government framework on short–term rental accommodation

On 5 June 2018, the Minister for Planning and the Minister for Better Regulation and Innovation announced a whole–of–government framework for STRA in New South Wales. You can view the Ministerial Media Release at Short–Term Holiday Letting Plan A Win–Win.

The framework enables STRA to occur while also managing impacts on communities, through:

• A state-wide planning framework
• Changes to strata legislation
• A mandatory Code of Conduct. The Code will apply to anyone involved in providing or using short-term rental accommodation including hosts, guests, online booking platforms, and letting agents. The Department of Finance, Services and Innovation is developing the Code.

For information regarding the mandatory Code of Conduct and strata regulations, visit the NSW Fair Trading website or contact the Department of Finance, Services and Innovation.

Government consultation on STRA

Given growth in STRA in NSW, the Government investigated policy options for the activity over a number of years.

This included a Parliamentary Inquiry into the Adequacy of the Regulation of Short–term Holiday Letting in New South Wales and inviting feedback on an Options Paper. The Options Paper on Short–term Holiday Letting in NSW (PDF, 4.0 MB), was on exhibition between 21 July 2017 and 31 October 2017. Submissions made in response to the Options Paper can be viewed at the Department's Plans and Policies website.

How can I make a submission on the proposed amendments?

The Department of Planning and Environment sought your feedback on the proposed planning framework on the regulation of STRA in NSW.

The consultation process was open until 16 November 2018.

Where can I find out more?

• email sthl@planning.nsw.gov.au or contact us
• phone us on 1300 305 695 and if English is not your first language phone 131 450 and ask for an interpreter in your language, then ask to be connected to the Department of Planning and Environment on 1300 305 695.

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