New Regulations for Short-Term Rental Accommodation

Do you own or manage a holiday home in the Shoalhaven or have questions about how the new Code of Conduct and Short-Term Rental Accommodation legislation applies to the Shoalhaven?

The NSW Government has implemented a new state-wide regulatory framework for Short-Term Rental Accommodation (STRA), which requires owners to register their property via the NSW Planning Portal.

Owners, letting agents / facilitators, booking platforms and guests must abide by the new industry Code of Conduct released by Fair Trading, this state wide framework sees Fair Trading manage issues of compliance, where previously Council would have.

To assist with your enquiry find handy links and FAQs below.

FAQs

What is the new Code of Conduct and how does it apply to me?

The new Code of Conduct for Short-Term Rental Accommodation outlines the obligations of hosts, the obligations of guests and obligations of letting agents and facilitators. The new NSW legislation came in on 1 November 2021.

What is classified as a STRA under the new legislation?

Short-Term Rental Accommodation is defined here by the Department of Planning. It can be hosted or non-hosted.

If I own a STRA how do I become compliant by 1 November 2021?

You must register your holiday home or Short-Term Rental Accommodation on the NSW Planning Portal before 1 November 2021.

The cost involved is $65 and you will be given a “property ID” number.

Find more information and registration here, or call Service NSW for more information on 1300 305 695.

Requirements around fire and emergency procedures have been postponed until 1 March 2022 with more information below.

Does Council handle complaints and compliance of STRA in the Shoalhaven?

From 1 November 2021, under the new code of conduct for Short-Term Rental Accommodation, these matters will be handled directly with Fair Trading.

However, if Council receives a complaint regarding a short-term rental accommodation property such as a holiday home, the compliance department will check if the property is registered with the NSW Planning Portal and report the nature of the complaint to the owner / managing agent. This will aim to address the issue directly with owners.

If I have a complaint about a Short-Term Holiday Rental in regards to noise, overcrowding or an impact on the local amenity who do I contact?

If there is an immediate issue such as noise compliant or anti-social behaviour call the police on 131 444 (NSW Police Assistance line for non-life-threatening emergencies).

Follow the instructions from Fair Trading about how to resolve an issue or make a complaint here.

Once I have registered my STRA in the planning portal, what else do I need to do to be compliant?

You must register your “property ID” on all booking engines in order to continue trading past 1 November 2021. 

‘Booking Platforms’ have an obligation to not advertise premises on its platform unless it is registered on the premises register with its registration or property id number displayed against it.

You must also comply with the record keeping requirements of the legislation.

I’ve heard that I also must comply new with fire and emergency obligations if I have STRA?

Yes, short term holiday rental accommodation will have to comply with new Fire Safety Standards and Emergency Procedures.

The deadline for this element of compliance has been postponed until 1 March 2022.

The STRA Fire Safety Standard refers to different classes such as Class 1A, Class 2 or class 4 under the Building Code. How do I find out what Class of building I own/manage?

Class 1 Buildings

Class 1 buildings are houses. Typically, they are standalone single dwellings of a domestic or residential nature.

These buildings can also be horizontally attached to other Class 1 buildings. When attached they are commonly referred to as duplexes, terrace houses, row houses and townhouses. In these situations, they must be separated by a wall that has fire-resisting and sound insulation properties.

Class 2 Buildings

Class 2 buildings are apartment buildings. They are typically multi-unit residential buildings where people live above and below each other. The NCC describes the space which would be considered the apartment as a sole-occupancy unit (SOU).

Class 2 buildings may also be single storey attached dwellings where there is a common space below. For example, two dwellings above a common basement or carpark.

Class 4 Buildings

A Class 4 part of a building is a sole dwelling or residence within a building of a non-residential nature. An example of a Class 4 part of a building would be a caretaker’s residence in a storage facility. A Class 4 part can only be located in a Class 5 to 9 building.

If you are unsure about your building class, you should seek advice from a certifier, fire safety practitioner or planning consultant.

What is the difference between an STRA and Tourism and Visitor Accommodation?

Tourist and Visitor Accommodation are defined here in the Shoalhaven Development Control Plan 2014 and cover a wide range of accommodation and must have an approved development application (DA). These types of accommodation are not required to register as Short-Term Rental Accommodation under the new legislation.

Does the Shoalhaven have a limit on how many days per year I can rent my property out like some other Councils such as City of Sydney and Byron Bay?

No, you can still rent your property out 365 days a year in the Shoalhaven Local Government Area.

*However as previous, no one booking can last longer than total 3 months consecutively without a Lease agreement.

I’ve received advice that Council can help me with my emergency plan in terms of identifying nearby hazards to include. How can Council help me identify these for my guests safety?

The following link will assist identifying if your property is bushfire or flood prone.

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Will someone come and inspect my fire safety standard and emergency plan is compliant?

Hosts must register their compliance of the fire safety and emergency plan on the planning portal. The current system does not include inspection, it requires a host to self-declare.

If you have any questions on any locations on smoke alarms or emergency plans, feel free to contact Council's Fire Safety team.

What are my obligations as a host under the new code of conduct?

Hosts have a number of obligations under the code of conduct as well as registering their property.

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Letting Agents and Facilitators also have obligations which can be found here.

If obligations aren’t met, properties may be placed on an exclusion register, and no longer able to operate.

What are the obligations for guests of my STRA?

Guests have a number of responsibilities under the new code of conduct. 

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Guests may be placed on an exclusion register and be restricted from renting short term rental accommodation if don’t comply by the code.

 


Last updated on 21 December 2021