Short-term rental accommodation

The NSW Government has implemented a statewide regulatory framework for short-term rental accommodation (STRA), which includes:

• a planning framework
• fire safety standards for STRA dwellings
• a government-run STRA Register.

The planning framework came into effect on 1 November 2021 and complements the mandatory Code of Conduct and changes to strata legislation made by the Department of Customer Service.

The statewide policy for STRA benefits homeowners who want to take advantage of holiday rentals while providing more certainty and safety for local communities and visitors.

The laws impose obligations on all industry participants, including booking platforms, hosts, letting agents and guests.

When the Housing SEPP was made, the short-term rental accommodation provisions were transferred from the (now repealed) State Environmental Planning Policy (Affordable Rental Housing) 2009.

A balanced approach for homeowners and visitors

The STRA planning policy framework comprises standard provisions for short-term rental accommodation including:

• a definition for STRA, hosted STRA and non-hosted STRA
• an exempt development pathway for hosted and non-hosted STRA, including an annual 180-day limit for non-hosted STRA based on location
• an exemption of bookings of 21 consecutive days or more from the day limits for non-hosted STRA
• fire safety standards for dwellings used for STRA and associated penalty notice offences for non-compliance
• a government-run STRA Register that will ensure compliance with the new fire safety standards, as well as tracking day limits of each STRA dwelling and provide details to assist local councils with monitoring STRA in their local government areas (LGA).

More information about the STRA planning policy framework is provided in the frequently asked questions.

Definitions and more information

Hosted short-term rental accommodation means short-term rental accommodation provided where the host resides on the premises during the provision of the accommodation.

(Note: ‘Hosted’ may also apply when the owner is living on the property but not necessarily in the home being rented, for example homeowners who live on a property with a granny flat are able to rent out the granny flat 365 days of the year.)

Non-hosted short-term rental accommodation means short-term rental accommodation provided where the host does not reside on the premises during the provision of the accommodation.

(Note: Individual units in a premises where there is an onsite manager or concierge are generally considered as non-hosted).

STRA Compliance

Planning framework

All local councils in NSW have access to the STRA Register and have a role in enforcing the planning framework. Your local council can be contacted if you have an inquiry or compliance concern relating to the:

• STRA planning rules, including reporting an unregistered STRA premises
• STRA Fire Safety Standard, such as missing smoke alarms, emergency evacuation information or fire extinguisher.

Ongoing neighbourhood noise complaints can also be referred to your local council or the police.

STRA Register

All STRA properties must register on the STRA Register. A registration fee of $65 applies for all new registrations. STRA property registrations must also be renewed annually from the date of the original registration to remain active on the STRA Register. A renewal fee of $25 applies.

Approved tourist and visitor accommodation development, such as serviced apartments, bed and breakfasts, hotels, motels, camping grounds or caravan parks, are not required to register for STRA.

Register below to the government register on the Planning Portal. You will need to create a NSW Planning Portal account or log-in with your Service NSW account.

Register now

How do I register?

All hosts must first ensure the dwelling they propose to use for STRA complies with the fire and safety requirements and agree to follow the Code of Conduct.

The following links go to information in English.

1. Read the short-term rental accommodation fire safety standard fact sheet (PDF, 153 KB).
2. Read the Code of Conduct on the NSW Fair Trading website.

An annual STRA Registration period applies from the date a premises is registered on the STRA Register.

More information about how to register is on the Planning Portal.

How do I renew my registration?

A STRA Registration can be renewed on the Planning Portal from 45 days before the renewal expiry date. Hosts will receive email reminders to renew their registration at 45 days, 30 days and 7 days prior to the renewal expiry date.

If a premises is not renewed by the expiry date, the registration is held for a further 3 months before it is automatically de-registered. During the three-month period, the registration is blocked from accepting bookings from online booking platforms. Once the property is de-registered it cannot be renewed and a new property registration must be completed.

Further information on renewing a STRA premises registration is available on the Planning Portal.

Who has access to the STRA Register?

The STRA Register contains personal information. Host or premises details are not available to the general public.

The information contained within the register may be provided to the Department of Customer Service and local government authorities who may use the information for statutory purposes, including to take action to address fire safety concerns of persons occupying a dwelling as short-term rental accommodation or to enforce the mandatory Code of Conduct.

What kinds of dwellings count as short-term rental accommodation?

All lawfully constructed dwellings that are permitted to be used as residential accommodation in all land-use zones can be used for short-term rental accommodation. Typical residential accommodation dwelling types 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.

If you are unsure of your dwelling type, contact your local council for assistance.

What kinds of dwellings cannot be used for STRA under the policy?

The following dwellings are not permitted for short-term rental accommodation under the rules:

• boarding houses
• seniors’ housing
• rural workers’ dwellings
• group homes
• hostels
• refuge or crisis accommodation
• build-to-rent housing
• co-living housing
• moveable dwellings.

Conditions of a development consent or a strata-by law may also restrict STRA in some residential premises. Hosts are encouraged to contact their local council for development consent information or their Owners Corporations and NSW Fair Trading for further information on accessing strata-by laws.

Is tourist accommodation included?

STRA is not a tourist and visitor accommodation land use, and a property used for STRA remains a residential premises.

Approved tourist and visitor accommodation development, such as serviced apartments, bed and breakfasts, hotels, motels, camping grounds or caravan parks, are not required to register for STRA.

These types of developments can continue to be listed on online accommodation platforms. If you are unsure of the status of the accommodation, contact your local council for assistance.

Is Agritourism the same as short-term rental accommodation?

No, Agritourism is a type of agricultural land use. Agritourism allows small-scale, low-impact activities in rural areas, such as farm experiences or roadside stalls.

It can also include a type of short-stay accommodation, defined as farm stay accommodation, which is a tourist and visitor accommodation land use. These activities support the main use of the site as a farm and do not fall within the definition of short-term rental accommodation.

More information about the rules for STRA are available on the Planning Portal and in the frequently asked questions.

Fire safety standards for STRA

Dwellings proposed to be used for STRA are required to comply with the fire safety standards.

The fire safety standards are enacted by the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 which:

• provide minimum fire safety standards for STRA dwellings and associated penalty notice offences for non-compliance
• require all STRA dwellings to comply with the relevant fire safety standards, including the requirement for all STRA dwellings to an evacuation plan and interconnected smoke alarms and
• require all STRA dwellings to be registered on the Government-run STRA Register to confirm compliance with the new fire safety standards.

Learn more about the Fire Safety Standard (PDF, 153 KB).

Short-term rental accommodation in certain areas in NSW

In some NSW council areas, there are limits on the number of days that a property can be used for non-hosted STRA.

Non-hosted STRA is restricted to a maximum of 180 days a year in the following areas:

• Greater Sydney region (not including the Central Coast, see below)
• Ballina area
• Byron area
• certain land in the Clarence Valley area and
• certain land in the Muswellbrook area.

The 180-day period is counted within a registration annual period, 12 months from the initial registration date on the NSW STRA Register.

The relevant maps for land in Muswellbrook and Clarence Valley are available on the Planning Portal.

As part of the planning for STRA the department asked all regional councils if they would like to take up the 180-day non-hosted STRA policy option. Further requests to amend a non-hosted day limit will be considered as part of a future policy review.

If a non-hosted STRA in these areas exceeds the 180-day limit, STRA is no longer permitted under the state policy as exempt development.

Local councils can monitor the STRA Register to establish when non-hosted premises exceed the annual day limit.

If a STRA is operating as unauthorised development, a local council can begin a compliance investigation which may result in penalties or enforcement action under planning laws.

Byron Shire

The current STRA provisions apply in the Byron Shire LGA, including a maximum of 180 days per 365-day period for non-hosted STRA.

On 3 June 2022, the Minister for Planning and Homes authorised Byron Shire Council to proceed with the public exhibition and finalisation of a planning proposal which proposes to limit non-hosted STRA to 90 days a year in parts of the LGA.

Byron Shire Council exhibited the planning proposal between 1 September and 31 October 2022. 

Given the large number of submissions received by Council in relation to the proposal and the potentially significant economic impacts it could have on local businesses, the Minister has made the decision to seek advice from the Independent Planning Commission (IPC) before the planning proposal is finalised. 

On 13 December 2022, Council’s delegation to be responsible for finalising the planning proposal was withdrawn so that the IPC’s advice could be carefully considered before the proposal progresses. 

Advice from the IPC will be sought on:

• the status of housing and rental affordability and rental availability in the Byron Shire, including the impact of non-hosted STRA as well as recent flood events
• recommendations to improve housing affordability and rental availability in the Byron Shire
• the economic contribution of the STRA industry in Byron Shire, and any potential economic implications for Byron Shire with the introduction of Council’s proposed 90 and 365-day dwelling caps
• whether it recommends the Minister should finalise the planning proposal, with or without amendments, or whether any further information may be required.

The Minister has requested the IPC consider holding a public hearing to allow the community and industry to express their views about the proposal as part of the review process.

Further information on council’s planning proposal can be found on the Planning Portal and the IPC webpage. 

Code of Conduct

The mandatory Code of Conduct for the Short-term Rental Accommodation Industry (Code) started on 18 December 2020.

It is administered by the Commissioner for Fair Trading in the NSW Department of Customer Service.

The Code sets out the legal responsibilities and creates new minimum standards of behaviour and requirements for all industry participants, including:

• booking platforms
• hosts
• guests
• letting agents and facilitators.

For information about the code, visit the NSW Fair Trading website.

Exclusion Register

The Code also establishes the STRA Exclusion Register which commenced in August 2022.

The Exclusion Register is a list of guests and hosts who have been excluded from participating in the short-rental accommodation industry.

For more information about the Exclusion Register, visit the NSW Fair Trading website.

Information for online booking platforms

The department invites all online STRA booking platforms to consider integration options with the STRA Register. Integration with the STRA Register has the following benefits:

• Verification that advertised premises have a current STRA registration.
• Automatic transfer of booking information to the register to make it easier for hosts to manage compliance responsibilities.

For more information, please contact the Housing Policy team at sthl@planning.nsw.gov.au

Policy development timeline

The Government has investigated policy options in response to the growth of STRA in NSW.

More information

• For STRA Policy questions, please contact the Housing Policy team at sthl@planning.nsw.gov.au
• Call ServiceNSW on 1300 305 695.
• For more information and technical assistance on the STRA register visit the Planning Portal or email stra@dpie.nsw.gov.au
• For more information on the Code of Conduct, strata by-laws for STRA, and the Exclusion Register visit NSW Fair Trading.
• Watch the new STRA policy webinar for councils.

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