Australian regulatory updates

NSW

Bega Council abandons plans for 180-day cap

This month, a decision was taken by Bega Council on the NSW South Coast on proposed plans for a 180-day cap on short-term rental accommodation. After preparing a housing crisis strategy in 2021 and undertaking public consultation, Councillors agreed that prohibiting short term rentals with the idea that such limitations would see properties enter the pool for longer-term rentals did not make sense. This is because many STRA properties are not considered affordable to lower- and middle-income tenants traditionally seeking long term rental accommodation.

In a public forum during the consultation, Professor Roz Hansen, who has more than 40 years’ experience as an urban planner, confirmed there were better ways to address the issue of affordable housing than limiting the operations of short-term rental accommodation. For many months, we have been actively sharing this same viewpoint with Australian media to great success.

TAS

Hobart City Council limits number of whole houses used for STRA

Under a new motion passed by the Hobart City Council this month, the number of whole home properties used for short term rental accommodation will be restricted further as the Council moves to stop issuing new permits in residential areas.

As always, we remain vocal and committed to proposed alternatives such as compulsory and simple registration for all properties listed on a STRA platform and the creation of a mandatory code of conduct for short-term rental property owners and managers at a State level rather than haphazard regulations which vary from council to council.

Alongside other short term rental accommodation providers, we have been actively engaging with stakeholders, partners affected and the media to argue that these types of measures are unlikely to bring about any meaningful change to the multi-faceted, housing supply crisis in Tasmania.

WA

Reminder: Western Australian hotspots announce onerous short term rental policies

Popular tourism hotspots Busselton, Yallingup and Dunsborough will be subject to harsh new regulations on short term accommodation, as of September 2022.

To avoid a patchwork system of STRA regulations, we are strongly urging these local governments to wait until the findings of the WA government’s public consultation into state-wide short-term rental regulations are first released later this year.

WA

Busselton, Yallingup and Dunsborough announce strictest short term rental policies in the state

Due to come into effect in September 2022, popular tourism hotspots Busselton, Yallingup and Dunsborough will be subject to harsh new regulations on short term accommodation. The first stages of proposed regulatory changes by the council will include a ban preventing people from leaving their dogs unattended at the STRA property at any time, a limit on the number of guests allowed past 10pm, and the setting of a maximum number of vehicles permitted to be parked at the property.

To avoid a patchwork system of STRA regulations, we are strongly urging local governments to wait until the findings of the WA government’s public consultation into state-wide short-term rental regulations – of which there were more than 2000 submissions.

Shire of Dandaragan seeks public feedback on holiday homes

The Shire of Dandaragan, which includes Jurien Bay and Cervantes, is currently seeking public feedback on its revised local planning policy for STRA. This follows an increase in noise complaints as the borders are now back open and tourism begins to pick up again.

The modified policy would include restrictions on maximum guest numbers as well as a tightening of existing expectations of property managers.

As always, we remain vocal and committed to the following proposed alternatives at a State level rather than a local level:

• Compulsory and simple registration for all properties listed on a short-term rental accommodation platform (ensuring an accurate understanding of the status of STRA in the given region/state from which to design effective policy and regulation and allows for regulatory track and trace)
• The creation of a mandatory short-term rental code of conduct for owners and managers – including a three strikes rule for those who do not meet the standards (ensuring all parties are clear on expectations and responsibilities and allowing for a fast and effective response to poor behaviour)
• A largely industry-funded and administered body to remedy issues and adjudicate questions about amenity, noise and overcrowding at short-term rental accommodation properties (ensuring that industry contributes to the cost of management and remediation of problems that arise)

VIC

Warnambool City Council resurrects plans for $400 holiday home fee

As outlined in its draft budget for 2022-23, Warnambool City Council is one again debating the merits of imposing a $400 fee on property owners who choose to list their homes on STRA platforms like Stayz.

We are engaging closely with stakeholders and the media to publicly argue that this will only serve to harm local tourism and undermine economic growth for the region. As further updates on the proposal become available, we will share these with partners.

WA

Western Australian Planning Commission proposes restrictive cap for un-hosted STRA

The Western Australian Planning Commission (WAPC) has proposed changes including introducing a cap of 60 nights after which un-hosted STRA in WA will require development approval from the council. We have serious concerns that this will have a severe impact on the short-term letting sector if developed into policy. We have already made several representations to the Government and to the WAPC expressing these concerns, and have been taking part in productive conversations with influential stakeholders across the state.

We are currently preparing a submission as part of this consultation process. When our submission is finalised, we will share further detail with partners. WA is also proposing a state-wide registration system for un-hosted STRA properties which we are in favour of.

TAS

Hobart City Council passes amendment to limit short-stay accommodation

In a “knee jerk” attempt to increase the supply of long-term rentals, on the 21st March 2022, the Hobart City Council passed a motion to prevent any new permits for whole-home STRA from being issued in the Hobart area. Existing permits will not be affected and there will be an exception for short-stay accommodation in mixed-zone and commercial areas, however.

Alongside other industry leaders, we are engaging closely with stakeholders to argue that instead of causing harm to local tourist operators and hamstringing economic growth further as we begin to recover from the pandemic, Hobart City Council should instead focus on approving more homes being built in the area. We will continue to share updates with partners.

NSW

New fire safety standards introduced for short term rental accommodation

Effective as of 1 March 2022, new fire safety standards for short term rental accommodation (STRA) come into effect in NSW. Under the new rules, STRA activities of three months or less are no longer covered by the residential tenancy framework which means that our STRA partners must comply with a new set of fire safety standards.

The new fire safety standards apply to both hosted and non-hosted properties and include rules for exit doors, portable fire extinguishers, fire blankets, smoke and heat alarms and evacuation diagrams. More information on the new fire safety standards as they relate to NSW STRA can be found here.

QLD

Vrbo continues to seek to engage with the State government on the urgent need to address state planning provisions which act as a barrier to growth in the short-term rental accommodation sector.

Noosa Shire Council introduces onerous new STRA rules

Vrbo will continue to liaise with Noosa Council and media, arguing that new restrictions regulating the ongoing operation of short-term accommodation will have no material impact on the supply of rentals and affordable housing in the area. We are working closely with our partners to keep you informed of any further updates and compliance issues.

WA

The Western Australian Planning Commission (WAPC) have initiated a consultation process on a draft Tourism Position Statement. Proposed changes include introducing a cap of 60 nights after which unhosted STRA in WA will require development approval from the council. We have serious concerns that this will have a severe impact on the short-term letting sector if developed into policy. We have already made several representations to the Government and to the WAPC expressing our concerns.

We are currently preparing a submission as part of this consultation process. When our submission is finalised, we will share further detail with partners. We also encourage partners to examine the details here and provide feedback and submissions of their own. The consultation period closes 6 March.

WA is also proposing a state-wide registration system for unhosted STRA properties.

With regards to the proposed state-wide registration scheme, partners may also share feedback here.

City of Busselton opposes State’s STRA policy proposal, in favour of tighter regulation

The City of Busselton has voted to oppose a new set of rules regulating STRA by the State government, with the Director of Planning, Paul Needham, arguing that the new rules (proposed in December) do not go far enough and that the Busselton community is in favour of tighter regulation. As it stands, all STRA owners in Busselton must register with the City and they are required already to show development approval.

QLD

Vrbo continues to seek to engage with the State government on the urgent need to address state planning provisions which act as a barrier to growth in the short-term rental accommodation sector. We continue to pursue 1:1 meetings with relevant Ministers and government officials to share concerns and recommendations for the sector more broadly.

Noosa Shire Council introduces onerous new STRA rules, including a ban on excessive clapping, singing or cheering

New local laws adopted by Noosa Council came into effect on 1 February 2022, regulating the ongoing operation of short-term accommodation. Complaints will now be managed through a centralised 24/7 complaints hotline. Short stay properties are also required to display an approval notice at the front of the property, including the 24/7 complaints hotline number. Additional information on these changes has been published on the Noosa Council homepage (see here).

Going one step further, the new legislation also outlines guests must not display loud aggressive behaviour, yelling, screaming, arguing, excessively loud cheering, clapping or singing. “A level of noise that is in excess of the acceptable levels described by the Queensland Government legislation for environmental protection” will be prohibited. This ban has been met with criticism and opposition by property managers, tourists, and tourism operators across the region for being overly prescriptive and near impossible to police.

Vrbo has continued to seek to liaise with Council and media, arguing that these restrictions will have no material impact on the supply of rentals and affordable housing in the area. We will continue to work closely with our partners to keep you informed of any further updates and compliance issues.

NSW

Byron Shire Council joins NSW state-wide regulatory framework

From 31 January 2022, short stay providers must register their property on the new State Government-run short term rental accommodation register. Prior to this, Byron Shire Council was excluded from the policy pending other planning measures. For more information, please consult the local council website here.

VIC

Alpine Shire Council urges landowners to rent long-term properties in misguided attempt to fix regional staff shortages

Towards the end of last year, Alpine Shire Council issued all local ratepayers a letter asking them to switch their properties away from short stay letting and towards longer term rentals. This is to help tackle the housing shortages across Victoria due to a lack of supply and the increasing trend of people leaving cities like Melbourne for regional areas.

Vrbo has written to the Council, outlining the real economic contribution short term rental accommodation makes to not only local tourism but also industries and employment levels in the area.

WA

The Western Australian Planning Commission (WAPC) have initiated a consultation process on a draft Tourism Position Statement. Vrbo is preparing a submission as part of this process.

We have serious concerns that the draft position statement would have a severe impact on the short-term letting sector if developed into policy. Vrbo has already made representations to the Government and to the WAPC expressing our concerns.

When our submission is finalised, we will share further detail with partners. We also encourage partners to examine the details here and provide feedback and submissions of their own.

With regards to the proposed state-wide registration scheme, partners may also share feedback here.

Shire of Broome Council votes unanimously in favour of new planning policy and greater STRA regulations

In December 2021, Shire of Broome councillors voted in favour of drafting a new planning policy which will allow for greater regulation of short term rental accommodation in the area. The shire is seeking to formalise its stance against short stay rentals after tourism providers in the local government area argued that unregulated providers have unfairly benefited from a lack of regulation.

When Council has finalised its proposed position, we anticipate sharing our view through a consultation process.

Queensland Industry Reference Group continues its review

Vrbo continues to pursue 1:1 meetings with Ministers and government officials as part of the recently re-instated Queensland Industry Reference Group. The Group is tasked with mapping a pathway forward for accommodation across the state. Vrbo and Airbnb have and will continue to meet jointly with the QLD State Government to state concerns about current planning rules affecting short-term rentals (the recent actions of Noosa Shire Council and Whitsunday Regional Council are indicative of the misconceptions about STRA that remain in the state).

Noosa Shire Council adopts new local law for short term rental accommodation

On 21 October, Noosa Council adopted a new local law for short stay letting and home hosted accommodation which is set to commence on 1 February 2022. The local law regulates the ongoing operation of short-term accommodation and under the new local law, all existing and new properties operating short stay letting will be required to make a one-off application for approval. Annual renewal of the approval will also be mandatory for as long as the short-term rental activity is carried out at the property.

On commencement of the new local law on 1 February 2022, complaints will be managed through a centralised 24/7 complaints hotline. Short stay let properties are required to display an approval notice at the front of the property, including the 24/7 complaints hotline number and approval number. Further information on these changes, have been published on  the Noosa Council homepage as well as an official guide (see here). Vrbo has been liaising with council and media, arguing that these restrictions will have no material impact on the supply of rentals and affordable housing in the area, and will instead hamstring local tourism in the area. We will continue to work closely with our partners to keep you informed of any further updates and compliance issues.

Whitsunday Regional Council may follow in the footsteps of Noosa Shire Council

Over the past 2 months, Whitsunday Regional Council members have been debating how to improve local STRA policies and have conceded that a balance needs to be struck between neighbourhood amenity, the rights of property owners and the rights of holiday-goers. Various ideas are being canvassed to address noise complaints and rental availability issues including the possibility of a dedicated ‘Party Zone’ where holidaymakers can enjoy themselves without interrupting nearby residents. Meanwhile, other councillors have suggested the creation of a local law including a demerit point system for properties.

Shire of Broome propose changes to STR industry and regulation

The shire is seeking to formalise its stance against short term rentals after tourism providers in the local government area argued that unregulated providers have unfairly benefited from a lack of regulation. The proposed changes will see the Shire of Broome require any properties to be a minimum of 350sqm; a property manager who lives or works within 15 minutes of the property to be readily contactable; a 21-day public consultation period on any property applying to be approved as a short-term accommodation provider, with neighbours given written notification; and a formal complaints process with any complaints needing to be addressed within 12 hours.

Vrbo has been vocal in media about the impact this will have on the tourism industry and broader economy and has argued that these measures go too far. However, Vrbo does support the introduction of a formal code of conduct for guests and registration of all properties on a publicly available database.

NSW Code of Conduct exclusion register – ongoing review

Under Part 4.2 of the code, NSW Fair Trading is required to keep and administer an exclusion register that is publicly available.

The public-facing Exclusion Register is currently under development and is expected to commence in May 2022. Requirements under the Code relating to the Exclusion Register will start when the public-facing register becomes operational.

Vrbo remains committed to updating our partners and stakeholders in the lead up to the one year review of all relevant NSW state-based legislative changes.

Noosa Shire Council is set to introduce new STR regulations under local legislation

Noosa Council looks as if it will ratify new short-stay local laws on Thursday, 21 October, introducing restrictions on approvals for STR properties from February 2022, rules around parking and a requirement that a designated contact person be available 24/7, located within 20 km of the property and able to respond to complaints within 30 minutes. Further, guests will need to comply with a new code of conduct and the property manager and/or designated contact person will be responsible for its enforcement. 

Stayz has been liaising with council and media, arguing that these restrictions will have no material impact on the supply of rentals and affordable housing in the area, and will instead hamstring local tourism. We will continue to notify our partners of the outcome of these council meetings and any new regulations that come into effect. 

Queensland Industry Reference Group is reinstated

On 5 October, the State Government’s Queensland Industry Reference Group, established in 2019 to examine regulation for STRA, reconvened to review its previous actions and map a pathway forwards for accommodation in the state. Unexpectedly, it appears that the Government is seeking to abandon the IRG process and instead leave local government to regulate short-term letting. We are now wary that the good work of the IRG is at risk of being ignored.

Stayz will be meeting further with the State Government to outline concerns about current planning rules affecting short-term rentals (the recent actions of Noosa Shire Council are indicative of the challenges to the local STRA industry). 

NSW Government STRA registration applies from November 1

As the deadline for the new state-wide regulatory framework for STR accommodation fast approaches (1 November), Stayz continues to engage with the State Government and urges all STRA providers to pre-register their details. 

Stayz, along with other booking platforms, has continued to share our concerns on the roll-out, especially that departmental staff seem ill-prepared to answer questions about the code or registration process. Until 1 November, regulation of short-term rentals will continue to be the responsibility of local councils. We encourage our partners to stay abreast of any changes in the meantime. 

NSW appoints new State Premier

Stayz wrote to the newly appointed NSW Premier, Dominic Perrottet, congratulating him on his appointment and reiterating the need for strong State Government leadership to support post-COVID recovery, the contribution of the STRA industry to the economy and the need for a consistent, state-wide regulatory framework for short-term rental accommodation.

The new Premier is known to support less onerous regulations for small businesses, and Stayz will continue to provide advice to him as the new regulations go live so that as the one-year review period commences, we are able to share where we think the new system requires amendment.

COVID-19 travel updates 

Each state and territory government is updating travel guidance periodically. However, we’ve included some major announcements below:

NSW

Domestic

• Until 1 November 2021, people in Greater Sydney cannot travel beyond Greater Sydney for a holiday or recreational visits, including day trips.

• Greater Sydney includes the Central Coast, Blue Mountains, Shellharbour and Wollongong local government areas.

• People in NSW who are fully vaccinated against COVID-19 can now travel to Victoria without needing to quarantine or isolate.

• The border bubble has also been reinstated between NSW, Shepparton and Broken Hill.

International 

• From 1 November, fully vaccinated Australian citizens, permanent residents and their immediate families will be able to enter Australia via NSW without having to quarantine (provided that they have returned a negative COVID test). 

• Limits on the number of people allowed into Australia via NSW will also be removed. 

VIC

Domestic

• Travel restrictions between regional Victoria and metropolitan Melbourne will remain until Victoria reaches the 80 per cent full vaccination threshold for those aged 16 and over. At this stage, the indicative date for this change to come into effect is 5 November. 

International 

• While the details remain unclear, the Victorian Government has suggested that fully vaccinated, returning Australians, permanent residents and their immediate families will be able to quarantine at home by mid-November (provided that they have returned a negative COVID test). 

QLD

Domestic 

• Once 70 per cent of Queenslanders aged 16 and over are fully vaccinated, current travel restrictions on people who have been in New South Wales, Victoria or the ACT in the last 14 days will be somewhat eased. At this stage, the indicative date for this change to come into effect is 19 November. 

• Once 80 per cent of Queenslanders aged 16 and over are fully vaccinated, travellers who have been to a declared hotspot in the last 14 days can arrive by plane or car into Queensland without needing to quarantine. They will however, need to show evidence of a negative COVID test within the previous 72 hours. 

International

• After 17 December, fully vaccinated people flying directly into Queensland (who can demonstrate a negative COVID test within 72 hours) will be able to undergo 14 days of quarantine at home.  

• Anyone who does not meet these conditions will need to complete 14 days of quarantine in a government facility. 

Hobart City Council votes in favour of blocking new permits on whole home short-term rental (STR) accommodation

At the end of August, Hobart City Council voted to impose a ban on the issuing of new permits for whole home STR accommodation. The Council also voted to advocate for state-wide regulation of STR accommodation, in line with similar rules that are due to come into force in NSW later this year.

Vrbo has argued that unfortunately, Hobart City Council’s decision to progress restrictions will only serve to put the state’s fragile tourism economy at risk.

Preparations for NSW Government registration framework continue

As the deadline for the introduction of the new NSW state-wide regulatory framework for STR accommodation fast approaches (November 1), Vrbo continues to engage with the State Government.

Pre-registration is available to property owners and, notwithstanding our ongoing discussions with the Government on the practical and technical commencement, we encourage early registration. Details on how to pre-register can be found here.

Vrbo is working closely with other major booking platforms to impress on the NSW Government the need for time and technical preparation in the lead up to November. A reminder too that, until the new state-wide STRA planning policy comes into effect, regulation of short-term rentals will continue to be the responsibility of local councils. We encourage our partners to stay abreast of any changes in the meantime.

Dubbo City Council reverses short-term rental cap decision

Under the new NSW state-wide regulatory framework, Dubbo Regional Council initially determined that there would be a 180-day cap on short-term accommodation. In a backflip, councillors from both Bega Valley Shire and Dubbo Regional Councils have voted to rescind these plans with Dubbo Mayor, Stephen Lawrence, stating that STR accommodation is an important part of the region’s housing mix.

Vrbo welcomes the decision from both Councils to allow short-term rental accommodation properties to be available all year round.

Queensland Government potentially considering state-wide regulatory framework

Noosa City Council is waiting on results from its housing needs assessment as part of its effort to determine the contributing factors to a deteriorating rental situation in the area. Noosa Mayor, Clare Stewart, has conceded that while 23 percent of coastal properties are used for short-term holiday accommodation, these comprise mainly premium accommodation and are unlikely to be considered 'affordable' or impact the rental market in any meaningful way.

Based on other recent comments, there seems to be renewed appetite from the Queensland government to revisit a state-wide regulatory framework in the interests of consistency, which we and our partners endorse. 

1 November start date looms for NSW Government registration framework commencement

As the 1 November 2021 deadline for the introduction of the new NSW statewide regulatory framework for short-term rental accommodation fast approaches, we are continuing to seek engagement with the Government to ensure the sector is ready. 

Unfortunately, discussions with the NSW Government over its registration system (which Stayz strongly supports in principle) continue to be slower than hoped, and we continue to harbour concerns that the technical aspects which require implementation may not be tested sufficiently to ensure a smooth commencement.

Stayz is working with the other major booking platforms to impress on the NSW Government the fact that there needs to be enough time for industry to implement these important changes and we will continue keep partners further appraised of developments.

Pre-registration is available to property owners and, notwithstanding our ongoing discussions with the Government on the practical commencement, we encourage your early registration. Details on how to pre-register can be found here.

Bega and Dubbo Councils rescind plans for night caps

Councillors from Bega Valley Shire and Dubbo Regional Councils both voted to rescind plans for a 180-day cap for short-term rental accommodation in their respective regions. The NSW Government had indicated that a 180-day cap would apply to those regions, but councillors voted to overturn the plans to impose a cap in those regions.

Stayz welcomes the decision from both councils to allow short-term rental accommodation properties to be available all year under the new NSW Government policy for our sector.

Noosa Council seeks more information on housing sector

Noosa Regional Council recently voted to commission a further review into housing affordability and accessibility in the region.

We’ve questioned the utility of commissioning another housing review when the Council simply ignored the findings of the previous assessment (see below).

A 2017 Noosa Council Report titled, ‘Housing Needs Assessment’, by Briggs and Mortar stated that:

‘It is accepted that there are many social and economic reasons that Short-Term Rental Accommodation is required in Noosa Shire, both for visitor and resident accommodation, and that there are many beneficial impacts of utilising otherwise unused accommodation. Without the availability of this accommodation, the identified shortage of small and affordable accommodation, especially in the rental market, would be significantly greater...

Council advises that, in the majority of cases, short-term rentals have not caused problems, including student home stays, although some issues of overcrowding have occurred. 

It would appear that the most effective regulation is at the State level.’

The repeat of the Briggs & Mortar review comes as the Council continues to squeeze mum-and-dad holiday homeowners with higher property rates, arbitrary amenity restrictions and a maze of new planning rules.

Frustrations with NSW Government registration framework continue

As the deadline for the introduction of the new NSW statewide regulatory framework for short-term rental accommodation approaches (1 November), we are continuing to seek engagement with the Government to ensure we are ready.

Unfortunately, discussions with the NSW Government over its registration system (which Stayz strongly supports in principle) have been slower than hoped, and we harbour concerns that the technical aspects which require implementation may not be tested sufficiently to ensure a smooth commencement.

Stayz is working with the other major booking platforms to impress on the NSW Government the fact that there needs to be enough time for the industry to implement these important changes, and will keep partners further appraised of developments.

Queensland Government indicates appetite for statewide regulatory framework

In late May 2021, Noosa Shire Council released plans to double down on its arbitrary local law for short-term rental accommodation with a rates increase for holiday homes.

If implemented, the proposal from Noosa Shire Council will drive up the cost of holiday accommodation and fail to address the concerns cited by the Council.

In what we hope is a positive development, there now seems to be a renewed appetite from the State Government to revisit the earlier work of an Industry Reference Group. We expect that in the next few weeks, the Government will outline some next steps to get things back on track.

You can read more about what Noosa Shire Council has proposed here and here.

Melville City Council passes occupancy limits for short-term rentals

The City of Melville, in Perth’s southern suburbs, recently passed a new local law that will restrict the number of guests allowed in a short-term rental.

While it is understandable that the City of Melville is seeking to improve amenity in its community, the WA Government is working on a whole-of-government regulatory framework for our sector.

Arbitrary caps on the number of people allowed in a holiday rental will fail to meaningfully address the issue of anti-social behaviour in short-term rental accommodation. Our experience shows that limits on the number of people allowed in a holiday rental – whether it is six, eight, ten or more people – will not resolve questions about amenity as effectively as a robust, mandatory code of conduct that is backed by penalties for poor behaviour.

You can read more about the new rules here.

City of Busselton considering changes to short-term rentals

The City of Busselton Council is considering commencing a review that proposes a number of further arbitrary restrictions for short-term rental accommodation at an upcoming council meeting. The proposed arbitrary restrictions include:

• Bans on short-term rental accommodation in certain locations.
• Introducing tighter maximum occupancy limits for properties.
• Arbitrary contact and complaint handling requirements that require the owner or manager of a holiday rental to respond to any contact within 12 hours, and be located within 30 minutes of the property.
• Imposition of a local code of conduct that is based on a similar, flawed proposal from Noosa Shire Council in Queensland.
• Tighter rules for pets in holiday homes.

Stayz is currently working with the WA Government on a statewide regulatory framework that will improve our sector. To date, the WA Government has convened an interdepartmental taskforce to provide advice on the development of such a framework. This regulatory framework is proposed to include the introduction of a statewide register of all short-term rental accommodation and a code of conduct.

We will seek to keep impacted partners informed about these changes as developments occur.

Tasmanian Government re-elected

Following the Tasmanian election last month, the incumbent Liberal Government was returned.

Stayz has worked very productively with the Tasmanian Government over the past few years to build a nation-leading regulatory framework for our sector in that state.

We look forward to continuing to work with the Tasmanian Government as they continue to refine the rules for our growing sector.

NSW Government delays implementation of short-term rental regulations

On 13 April 2021, the NSW Government announced they will delay implementation of its short-term rental accommodation regulatory framework until 1 November 2021.

A few days earlier, on 9 April 2021, the NSW Government announced that the implementation of its regulatory framework would occur on 30 July 2021, despite limited consultation with the industry and, by their own admission, that the final design was still incomplete.

Stayz led the calls for the NSW Government to delay the implementation of new rules as a result of a lack of testing and integration of its new registration system, and the expansion of regions covered by its unproven 180-day cap for short-term rental accommodation. The regions that are proposed to be covered by the 180-day cap are: Greater Sydney, Newcastle, Dubbo, Bega Valley Shire, certain parts of Clarence Valley and certain land in Muswellbrook.

Stayz has urged the NSW Government to use the additional time it has allowed itself to work with industry to undertake proper trialling and testing of the new register of all short-term rental listings.

Stayz has also called on the NSW Government to reconsider the expansion of regions covered by its unproven 180-day cap on the availability of short-term rental accommodation, while also noting the complexity it introduces by only applying the cap to unhosted properties.

Read our full response to the NSW Government’s proposed regulatory framework here and more information from the NSW Department of Planning, Industry and Environment here.

Noosa Shire Council votes to progress local law for holiday rentals

On 18 March 2021, Noosa Shire Council voted to progress its arbitrary local law for short-term rental accommodation in the world-famous tourist destination. The local law, which opened for community consultation on 9 April 2021, contains a laundry-list number of arbitrary provisions, including:

• The requirement that short-term rental owners pay an annual fee to council to rent out the family holiday home. 
• The imposition of a complicated planning approval pathway that infringes on individual property rights and will result in a decline in the number of holiday homes in Noosa and will drive up the cost of holiday accommodation and send tourists to other parts of Queensland.
• Several unclear and unenforceable standards around noise, light spill, rubbish collection and property maintenance.
• Arbitrary contact and complaint handling requirements that require the owner or manager of a holiday rental to be located within 20 minutes of the property and respond to complaints within 30 minutes. 
• Arbitrary parking, noise and record-keeping requirements.

Stayz does not support the imposition of local laws for our industry, and urges the Queensland Government to act with a statewide regulatory framework for our industry. Stayz also believes the proposed measures are arbitrary and will put the tourism sector’s recovery at risk. More information about the changes can found here.

Shire of Augusta-Margaret River seeks to restrict short-term rental accommodation

The Shire of Augusta-Margaret River recently announced it is acting to remove the ability for dwellings near the Margaret River Town Centre to be converted for use as short-term rental accommodation. The measure is expected to be temporary and will only apply to new applications.

The move comes as the WA Government is working on whole-of-government regulatory framework for our sector. To date, the WA Government has convened an interdepartmental taskforce to provide advice on development of such a framework, including the introduction of a register of all short-term rental accommodation.

Stayz has called on the Council to join our efforts to work with the WA Government to implement its register of all short-term rentals and use the data that is collected by this tool to point to solutions that will better address the key concerns of locals.

More information about the proposed changes can be found on Council’s website here.

South Australian Government rules out bed tax for short-term rentals

On 21 February 2021, the South Australian Government ruled out the application of a bed tax on short-term rental accommodation following media speculation on the subject. Stayz supports this decision.

In response to the media speculation, Stayz said that a tax on holiday homes will fail to address the questions about housing accessibility and affordability in South Australia.

Rather than a new tax, Stayz advocates for statewide regulation that contains a simple register of all short-term rental listings, a code of conduct that is backed by a strikes-based disciplinary regime and consistent planning rules for the breadth of the industry.

Stayz looks forward to engaging with the SA Government to build a statewide regulatory response for our growing sector.

Work continues on implementation of NSW regulations

Stayz continues to impress on the NSW Government the need to work with the sector on the implementation of its new regulatory regime.

While Stayz supports much of the reform package, we are concerned about the Government’s fragmented and incomplete implementation of the new rules. This is critical for platforms like us to have the systems, processes and technology build in place to be operational on day one of the regime.

We will keep partners updated as pertinent information about the implementation of the new regulations becomes available.

Moira Shire Council flags possible local law for short-term rentals

On 3 March 2021, Moira Shire Council in Victoria flagged that it was considering the implementation of a local law for short-term rentals. The local law would require the registration of holiday rentals in area.

While Stayz understands the drivers behind this potential course of action, we would rather see action at State Government level.

Our proposed statewide regulatory solution, that contains a register and code of conduct, will impose accountability on the entire sector and enable regulators to deal with complaints about amenity swiftly and decisively.

We will continue to watch these developments closely and inform local partners of any updates.

Tasmania data-sharing regime paying dividends

In December 2020, the Tasmanian Government released its quarterly housing report that showed the value of short-term rental accommodation in that state.

The factual report painted a clear picture about the total number of properties used for short-term rental. An analysis of the findings showed that only 0.95 per cent of Tasmanian dwellings are not available on the long-term housing market as a result of our industry. This is far less than the commonly cited numbers by other commentators, who often overstate our industry’s impact on housing accessibility and affordability.

The data-sharing regime is an effective resource for all levels of government to progress informed policy about housing, and we’ve encouraged all stakeholders to make use of this data before jumping to incorrect conclusions.

As 2021 gets into full swing, Stayz is gearing up for State Governments to continue examining regulatory approaches for the short-term rental sector. Stayz is working closely with regulators to press our case for sensible, light-touch regulation.

Around the country, several states have work programmes focussed on our industry. In New South Wales, the new Code of Conduct came into force late last year and we remain engaged with the government on the implementation of its long-promised register of all properties. We are also engaging constructively with the recently re-elected Queensland Government to recommence the industry-led regulatory process that has proposed sensible reform for our industry in recent times. In Western Australia, we look forward to engaging in constructive conversations to implement the recommendations of the Parliamentary Enquiry that the Government accepted in early 2020. Finally, we continue to work with the Tasmanian Government to refine its nation-leading data-sharing regime, which is already proving to be an effective resource for policy-makers.

NSW Code of Conduct – update on Exclusion Register

NSW Fair Trading has announced the exclusion register, which we understood was to go live with the Code of Conduct tomorrow, will now be delayed until mid-2021 to coincide with the commencement of the premises register. Read the Statement of Regulatory Intent from the Fair Trading Commissioner.

New NSW Code of Conduct commences on 18 December

The NSW Government’s long-awaited Holiday Rental Code of Conduct will come into force in just a matter of days. We’ve compiled the following information for you:

• Vrbo/Stayz: Explainer: Changes to NSW laws for short-term rentals and Stayz’s concerns This article will help you understand the changes, some of our concerns and how you can help influence fair and sensible regulation of our industry.
• NSW Fair Trading: Changes to laws for short-term rental accommodation 
• NSW Fair Trading: Code of Conduct for the Short-term Rental Accommodation Industry 
• NSW Fair Trading: NSW short-term rental accommodation changes – communication pack 
• Vrbo/Stayz Media Release: New holiday rentals rules only half-way there; risking confusion, complexity ...

Coffs Harbour City Council backs Mid-North Coast tourism sector

On 12 November 2020, Coffs Harbour City Council voted to retain its current approach to short-term rental accommodation in the region. This means all short-term rental accommodation listings will continue to be available 365 days a year in the tourist destination.

Stayz is supportive of this decision, and we believe it will provide a welcome boost to the tourism sector in the region. In particular, we are heartened by the fact that Council recognised that the NSW Government should do the heavy lifting on regulation for our growing industry.

In recognition of this decision, we believe the NSW Government should now fulfil its side of the bargain and finalise the full suite of regulations for the growing holiday rental sector, particularly the register of all holiday rental listings.

Byron Shire Council progresses further changes to proposed 90-day night cap

On 19 November 2020, Byron Shire Council’s Planning Committee voted to continue to progress its proposal to restrict the availability of short-term rental accommodation to 90 days in several precincts, while allowing holiday homes in other areas to operate 365 days a year.

In February 2019, the NSW Government announced that Byron Shire would receive an exemption that allowed it to apply for a 90-day night cap for short-term rental accommodation.

Stayz believes Byron Shire Council would be better served by the full suite of reforms to short-term rental accommodation, rather than a counterproductive night cap, in many parts of the well-loved holiday destination.

Rather than a night cap, Stayz believes that Byron Shire should follow Coffs Harbour City Council’s lead by allowing short-term rental accommodation all year round and leave the NSW Government to do the heavy lifting on regulation for our growing industry.

Explainer: Changes to NSW laws for short-term rentals and Stayz’s concerns

As you may have heard in the media, new laws for short-term rental accommodation (STRA) in NSW will come into effect from 18 December 2020. These new laws impose obligations on booking platforms (like Stayz), holiday rental owners/managers (like you), letting agents and guests. We’ve put together this document to help explain the changes and some of our concerns.

What is changing?

A mandatory Code of Conduct for the Short-Term Rental Accommodation Industry will apply from 18 December 2020. This will impose certain behaviour standards on STRA guests and their visitors regarding unreasonable noise, disruption to neighbours and damage to property. Holiday rental owners have several new obligations under the code, including:

• You must hold insurance that covers your liability for third-party injuries and death. Please note that we already provide you with third-party claims protection for bookings made through Stayz, for up to US$1,000,000. 
• You must enable your neighbours to contact you, or your authorised representatives, about concerns relating to your premises, by giving them your contact details and being available between 8am and 5pm each day and at all times to deal with emergencies.
•  You must take reasonable steps to ensure that your guests meet their behaviour obligations in the code, including making them aware that the code applies to their stay and making a copy of the code readily available to them. 
• You must ensure that you do not rent out your premises to a guest who is recorded on the exclusion register. 

Property managers have similar obligations and must inform owners and guests about the Code.

Our summary of these obligations is not comprehensive, nor is it legal advice. We advise all owners and property managers to familiarise themselves with the Code, particularly their obligations in Sections 2.3 and 2.4, respectively.

The new code of conduct was designed to be introduced in tandem with an STRA premises register; however, NSW Planning has failed to deliver this new tool in time. Once this is developed and commences, owners must register themselves and their premises.

Importantly for holiday rental owners/managers like you, breaches of the code may attract penalties, including warnings or directions to take or cease certain action and fines. Serious breaches of the code may result in a ‘strike’ against an owner and/or their property. Two strikes in a two-year period will result in a listing on the exclusion register, which means the person or property is prohibited from participating in the short-term rental accommodation industry for up to five years.

For what Stayz’s concerns are, how we’re addressing these concerns and what’s next, click through to the full article here.

New NSW Code of Conduct released, due to commence on 18 December

The NSW Government’s long-awaited Holiday Rental Code of Conduct is scheduled to come into force later this year on 18 December 2020.

For the past several years, Stayz has been working with the NSW Government and other stakeholders on the final text of the Holiday Rental Code of Conduct.

While Stayz supports the text of the Code of Conduct, we believe the Government’s failure to implement a register of all short-term rental accommodation properties will create confusion in our industry. Without the register, complaints about anti-social behaviour will be difficult to act upon and government will still have an incomplete picture of our growing industry. This will mean that the most commonly cited questions about our industry will remain unresolved, which will fuel calls for disadvantageous regulation that will harm our sector.

Also, the short implementation period of the Code of Conduct will leave some partners scrambling to be compliant with their obligations, right on the eve of the most important peak holiday season for the tourism sector in living memory. We will do our best to assist partners who list with us to be compliant with the new Code of Conduct.

Stayz will keep partners updated about developments on this important topic. Information about the Government’s plans can be found at the following link. Additional information can be found in the post immediately below.

NSW Code of Conduct released

The NSW Government has announced a new Code of Conduct for short-term rental accommodation will start on 18 December 2020 to better manage and address:

• Anti-social behaviour 
• Amenity impacts (including in shared facilities, such as pools and gyms) 
• Other issues experienced by neighbours and communities

There are new requirements under the Code for all industry participants including hosts, guests, letting agents and booking platforms. The Code allows the Fair Trading Commissioner to take disciplinary action against participants who breach the Code, including listing people who commit two serious breaches (‘strikes’) within a two-year period on an exclusion register. People on the exclusion register will be banned from participating in short-term rental accommodation for five years.

Here are important resources from this announcement, as well as Vrbo/Stayz statement in response:

• More information can be found at the following link.

Vrbo/Stayz has been closely involved in and supportive of Government efforts to bring structure and certainty to the way STR operates. We remain strongly supportive of the work to bring a Code of Conduct and Register of properties into operation in NSW. However, we have grave reservations about the introduction of this important suite of measures being introduced in a piecemeal fashion because it risks:

1. Undermining confidence in the scheme before it is fully implemented; and 
2. Will (by the Government’s own admission) not be enforced until all measures are operating.

For this reason, we urge the Government to delay introduction to ensure that the strong and enforceable scheme, which all stakeholders agreed through years of negotiation, is ready to go.

We will continue to keep our Partners informed of any further developments.

NSW Code of Conduct due to commence soon

The NSW Government’s long-awaited Holiday Rental Code of Conduct is scheduled to come into force later this year.

For the past several years, Stayz has been working with the NSW Government and other stakeholders on the final text of the Holiday Rental Code of Conduct. We are confident the new Code of Conduct will give the community more certainty that complaints about bad behaviour in short-term rental accommodation will be dealt with swiftly and decisively.

This step is a positive one for the sector and will address some of the reasons that have led to local councils seeking to impose localised restrictions on our sector.

The final text of the Code of Conduct is yet to be released to the public by the NSW Government; however, we will be sure to inform NSW partners once it is released.

Yarra Ranges Council passes short-term rental local law

On 27 August 2020, Yarra Ranges Council in Victoria passed a new local law to help manage amenity issues in short-term rental accommodation.

The Neighbourhood Amenity Local Law sets out a strikes-based disciplinary regime for short-term rental accommodation in area. As part of this new regime, Yarra Ranges Council will now act on short-stay accommodation properties upon receipt of three nuisance complaints (with evidence) per 12-month period.

While Stayz prefers state-wide regulation for our industry, we support this measure as a template for action by the Victorian Government.

Read more about this change

Noosa Council passed revised local law

On 20 July 2020, Noosa Council in Queensland passed a new local law to regulate the day-to-day operations of short-term rental accommodation in the area.

The Noosa Plan contained a number of changes, including the below elements:

• Tougher planning approval requirements for new short-term rental accommodation and the granting of existing use rights for current short-term rentals. A move that will curb the availability of short-term rentals over time. 
• An easier ride for primary and hosted short-term rental accommodation under planning requirements, amenity regulations and day limits. This will mean the regulatory framework will only apply to one market segment and, as a result, many properties will not be covered by new regulations. 
• Several new amenity measures, like occupancy limits and nominated contact requirements.
• More information can be found at the following link. 

Night caps under consideration at Coffs Harbour City Council

On 16 June 2020, Coffs Harbour City Council released an options paper about regulation for the short-term rental accommodation sector in the NSW North Coast holiday hotspot.

The Council proposes two options: either retain the 365-day threshold for the availability of short-term rental accommodation or restrict the sector to 180-days per year.

While Stayz understands the desire for action by Council, we believe that night caps will fail to resolve the most commonly cited questions about holiday rental accommodation. As a result, we believe the Council should retain the 365-day threshold for the availability of holiday rental accommodation.

Night caps and other use restrictions for holiday rentals not only put the economic uplift associated with the tourism sector at risk, but also fail to address the four most consistently raised questions about our industry, namely: housing affordability, housing availability, the impact on government resources and service provision and, finally, impact on neighbourhood amenity.

We support Coffs Harbour City Council in their desire to get better certainty about the rules for short-term rentals but urge them to wait until NSW Government introduces its register for short-term rentals and let the data that is collected point to solutions that will address the key concerns of locals.

Read the proposed regulation here

Kiama Municipal Council flags potential 180-day night cap

At a meeting on 21 July 2020, Kiama Municipal Council passed a motion to commence work on an application to the NSW Government to restrict short-term rental accommodation in the NSW South Coast holiday destination.

As is the case in Coffs Harbour, Stayz does not support night caps and we believe that night caps will fail to resolve the most commonly cited questions about holiday rental accommodation. Night caps and other use restrictions for holiday rentals not only put the economic uplift associated with the tourism sector at risk, but also fail to address the four most consistently raised questions about our industry, namely: housing affordability, housing availability, the impact on government resources and service provision and, finally, impact on neighbourhood amenity.

Stayz believes Kiama Municipal Council should wait until the NSW Government introduces its register of short-term rentals and let the data that is collected point to solutions that will address the key concerns of locals.

It is unclear whether Kiama Council has begun such work, and Stayz will be closely following developments on this matter.