Short-term Rental Accommodation (STRA)

Short term rental accommodation (STRA) involves the use of certain residential dwellings for commercial holiday letting that may also be used by the owners for their own accommodation.

STRA is regulated through:

  • A state-wide planning framework
  • A mandatory Code of conduct
  • Fire safety standards for STRA dwellings
  • A mandatory STRA register
  • Strata scheme by-laws that restrict certain types of short-term rentals for dwellings within strata schemes. Further information on strata by-laws is available on the NSW Government’s website - Understanding by-laws

STRA Policy Framework

The NSW state-wide policy and STRA laws impose obligations on all industry participants, including booking platforms, hosts, letting agents and guests. This provides more certainty for local communities and visitors regarding potential amenity impacts on residential neighbours due to inconsiderate or anti-social behaviour.

The STRA planning policy framework comprises standard provisions and introduces:

  • a definition for STRA, hosted STRA and non-hosted STRA
  • an exempt development pathway for:
    • hosted STRA in a dwelling, 365 days per year
    • non-hosted STRA in a dwelling located in an unrestricted area, 365 days per year
    • non-hosted STRA in a dwelling located in a prescribed area, 180 days per year
  • an exemption of bookings of 21 consecutive days or more from day limits for non-hosted STRA
  • All STRA dwellings must also meet the general requirements outlined in Section 113, Part 6 of the Housing SEPP.

Note: Clarence Valley Local Government Area has a 180-day limit for non-hosted STRA dwellings located within the R2 Low Density Residential zoned land within our coastal villages. Maps detailing where these ‘prescribed area’ 180-day restrictions apply can be accessed below: 

The STRA policy is also supported by:

  • enactment of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 to introduce minimum fire safety standards for dwellings used for STRA and farm stay accommodation.
  • amendments to the Environmental Planning and Assessment Regulation 2001 to introduce associated penalty notice offences for non-compliance.
  • the implementation of a NSW Government-run STRA  register that will ensure compliance with the STRA 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). All hosts or letting agents must also comply with the new fire and safety requirements and agree to follow the code of conduct.

STRA Definitions

  • host means the owner, tenant or permanent resident of a dwelling who uses the dwelling to provide short-term rental accommodation
  • 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’ means the host needs to be 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.

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 STRA. 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.

What kinds of dwellings are not permitted to be used for STRA?

The following dwellings are not considered STRA under the STRA rules:

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

More information about the rules for STRA is available on the Planning Portal.

Code of Conduct

The mandatory Code of Conduct for the Short-term Rental Accommodation Industry (Code) is administered by the Commissioner for Fair Trading in the NSW Department of Customer Service.

The Code sets out the legal responsibilities and applies minimum standards of behaviour and requirements on all STRA industry participants, including:

  • Booking platforms
  • Hosts
  • Guests
  • Letting agents and facilitators.

The Code also creates disciplinary actions that NSW Fair Trading can take, including listing non-compliant participants on an Exclusion Register. Once listed on the Exclusion Register, the person or premises is prohibited from participating in the short-term rental accommodation industry for five years.

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

Fire safety standards for STRA

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

The fire safety standards are enacted by Part 13A of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 which:

  • introduce 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 NSW Government-run STRA register to confirm compliance with the new fire safety standards.

A factsheet on fire safety standards is available on the Planning Portal.

STRA Register and record keeping requirements

All STRA properties must register on the STRA 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.

A letting agent must keep a record of the full particulars of each transaction involving a short-term rental accommodation arrangement that is entered into using the letting agent’s services.

The record must be kept:

  • for 3 years after the end of the occupancy period
  • in a readily producible form

Who should I contact regarding complaints about STRA

In many cases you can resolve minor grievances by speaking directly with a STRA host, letting agent or visitor. In cases where issues can not be resolved directly you should contact the following: 

Local Police - for matters that require urgent response including excessive noise, anti-social and illegal behaviour:

  • Grafton – 02 6642 0222
  • Maclean – 02 6645 2444
  • Yamba – 06 6603 0199
  • Coffs/Clarence Police District webpage

Clarence Valley Council - for fire safety (including unsafe overcrowding), planning approvals, parking, long-term ongoing noise issues and concerns with breaches to the non-hosted STRA 180 day yearly limit (within our coastal town prescribed areas):

NSW Fair Trading - for potential, deliberate and/or persistent breaches to Code of Conduct, including:

  • noise that because of its level, nature, character, or quality, or the time it is made, is likely to harm, offend, or unreasonably disrupt or interfere with the peace and comfort of neighbours and other occupants of the premises
  • violent or threatening manner towards neighbours or other occupants of the premises
  • acting in a manner that could reasonably be expected to cause alarm or distress to neighbours and other occupants of the premises
  • use or enjoy the premises in a manner, or for a purpose, that interferes unreasonably with the use or enjoyment of common property by neighbours and other occupants of the premises in a strata or community scheme
  • intentionally, recklessly or negligently cause damage to premises, any common property or any other communal facilities within the immediate vicinity of the premises, or neighbouring premises, or any public property in the vicinity of the premises

Short-term rental accommodation complaints | NSW Fair Trading – or phone NSW Fair Trading on 13 32 20

 

 

 

 

 

 

 

 

 

 

 

How to register

Step 1.Add your property to the NSW STRA Register

To add your property to the NSW Government STRA Register, follow these steps:

  1. Visit NSW Government’s Planning Portal

  2. Register an account in the portal and log in to complete the online registration form. You can log in using your Service NSW account

  3. Pay the registration fee and submit your application

  4. Once your application is submitted, take note of the registration number provided, as you will need to add this to your Airbnb listing

 

Step 2.Add your STRA Registration number to your Airbnb listing

To add your STRA registration number to your Airbnb listing, follow these steps:

  1. Once you receive your registration number, go to your Airbnb Host account page

  2. Click on your listing then Policies and rules > Laws and regulations > Regulations

  3. Add the number you received on the government portal into the Airbnb registration number field

  4. Click Save

Further STRA information and useful links

  • For STRA Policy questions, please contact the NSW Department of Planning and Environment's Housing Policy team at sthl@planning.nsw.gov.au
  • For more information and assistance on the STRA register visit the Planning Portal or contact the NSW Department of Planning and Environment's ePlanning team at stra@dpie.nsw.gov.au
  • For assistance with registering STRA via Service NSW account call 1300 305 695
  • STRA overview and frequently asked questions on NSW Fair Trading
  • For more information on the code, visit NSW Fair Trading
  • Watch the STRA policy webinar for councils.