Short-term rental accommodation – – NSW Department of Planning

The NSW Government has implemented a statewide regulatory framework for short-term rental accommodation (STRA), which includes:
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When the Housing SEPP was made, the short-term rental accommodation provisions were transferred from the (now repealed) State Environmental Planning Policy (Affordable Rental Housing) 2009.
The STRA planning policy framework comprises standard provisions for short-term rental accommodation including:
More information about the STRA planning policy framework is provided in the frequently asked questions.
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).
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:
Ongoing neighbourhood noise complaints can also be referred to your local council or the police.
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
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.
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.
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.
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.
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:
If you are unsure of your dwelling type, contact your local council for assistance.
The following dwellings are not permitted for short-term rental accommodation under the rules:
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.
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.
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.
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:
Learn more about the Fire Safety Standard (PDF, 153 KB).
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:
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.
The 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.
On 1 September 2022, Byron Shire Council commenced exhibition of the planning proposal for a minimum period of 56 days.
Byron Shire Council is the Local Plan Making Authority for the planning proposal which means that neither the Minister for Planning, nor the department has any further role in determining the proposal.
Further information on council’s planning proposal can be found on the Planning Portal or by emailing council@byron.nsw.gov.au
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:
For information about the code, visit the NSW Fair Trading website.
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.
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:
For more information, please contact the Housing Policy team at sthl@planning.nsw.gov.au
The Government has investigated policy options in response to the growth of STRA in NSW.
March 2016
A Parliamentary Inquiry into the Adequacy of the Regulation of Short-term Holiday Letting in New South Wales in 2015-16
July–October 2017
Community feedback was sought on an Options Paper between 21 July and 21 October in 2017. Submissions made in response to the Options Paper can be viewed at the department’s Planning Portal website.
On 5 June 2018
The NSW Government announced a new regulatory framework for STRA in NSW, including a statewide planning framework, changes to strata legislation and a mandatory Code of Conduct.
14 August 2018
The NSW Parliament passed the Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 (the Act), which allows for:
5 October 2018
The department exhibited an Explanation of Intended Effect which outlined proposed amendments to planning rules to introduce the STRA planning framework.
The proposed amendments to planning rules included:
The department has published all submissions received on the Planning Portal.
August–September 2019
The department consulted on a proposed regulatory framework for STRA, including draft instruments and regulations, a draft Code of Conduct, proposed strata legislation amendments, and the scope of a property registration system. Over 2,000 submissions were received by the department during this exhibition period.
There was general support for a statewide regulatory framework, however views differed as to the extent of regulation, detailed controls and how regulation should work.
Shortly after this, the STRA sector has suffered a significant blow as a result of the 2019/2020 summer bushfires and subsequent COVID-19 pandemic.
In response to feedback received during stakeholder consultation and the Covid-19 pandemic, the new policy framework achieves a balanced outcome to ensure businesses and homeowners get back on their feet as restrictions continue to ease by providing clarity, consistency and certainty ahead of summer.
10 April 2020
Amendments were made to the Fair-Trading Act 1987, Strata Schemes Management Act 2015 and the Residential Tenancies Act 2010.
These changes allow owners corporations to be able to pass by-laws that prohibit short-term rental accommodation within strata schemes, but only in lots that are not a host’s principle place of residence.
Short-term rental accommodation arrangements of three (3) months or less will not be regulated under the residential tenancies laws.
27 October 2020
18 December 2020
New mandatory Code of Conduct commenced and imposes obligations on booking platforms, hosts, letting agents and guests.
9 April 2021
The STRA policy and Register was announced and available for Hosts for review.
1 November 2021
The STRA planning policy commenced. All hosts wishing to participate in STRA must register their dwellings via the register and ensure compliance with the new Fire Safety Standards by 1 March 2022.
31 January 2022
The statewide STRA planning policy commenced in the Byron Shire LGA.
Page last updated: 22/11/2022

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