Short-Term Rental Accommodation or holiday letting

Short-term rental accommodation, also known as STRA or holiday letting, is where a house or unit is used to provide accommodation on a commercial basis for a temporary or short-term period.

The host may live on the premises (hosted), or it may be non-hosted.

From 23 September 2024 there is a 60 days per year limit on non-hosted STRA across most of the Byron Shire for new registrations.

In areas of Brunswick Heads and Byron Bay, non-hosted STRA will be allowed for up to 365 days a year. These areas are highlighted in pink in the maps below:

 

These changes do not affect hosted STRA where the host lives on the premises.

Read more about the Byron Shire STRA provisions and how we got here.

Frequently Asked Questions about STRA

What are the rules?

Hosted and non-hosted short term rental accommodation (STRA) is allowed without approval from Council.

There is no day-cap for hosted STRA.

Non-hosted STRA is not allowed for more than 60 days in a 365-day period in most areas.

There are exemptions in areas of Byron Bay and Brunswick Heads where non-hosted STRA is allowed for up to 365 days. These areas are highlighted in pink in the maps below:

The following standards need to be met:

  • The dwelling has been lawfully constructed to be used for the purposes of residential accommodation.
  • The type of residential accommodation that the dwelling is being used for is permitted either without or with consent on the land on which the dwelling is located
  • The dwelling has been registered on the STRA register
  • The STRA Fire Safety Standard has been satisfied
  • If the dwelling is part of a Strata Title Scheme, the by-laws permit the subject lot to be used for the purposes of STRA.

STRA is not permitted in:

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

Approved tourist and visitor accommodation operating under separate consent eg serviced apartments, bed and breakfasts, ecotourist facilities, hotels, motels, resorts, camping grounds or caravan parks are not required to register for STRA.

In the Byron Shire, STRA is not permitted where approval for a secondary dwelling was granted under State Environmental Planning Policy (Affordable Rental Housing) 2009.

More detail on the new planning framework can be found on the NSW Planning, Industry and Environment’s website.

What is the difference between ‘Hosted’ and ‘Non-hosted’ STRA?

Hosted STRA

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

Non-hosted STRA

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

Please note, Individual units in a premises where there is an onsite manager or concierge are generally considered as non-hosted.

What is the difference between STRA and Tourist and Visitor Accommodation?

Tourist and Visitor Accommodation are defined here in the Byron Local Environmental Plan 2014 and cover a wide range of accommodation. They must have an approved development application (DA) including:

  • backpackers’ accommodation,
  • bed and breakfast accommodation,
  • farm stay accommodation,
  • hotel or motel accommodation,
  • serviced apartments,

These types of accommodation are not required to register as Short-Term Rental Accommodation under the legislation.

Can I use my secondary dwelling for STRA?

If you received development consent for a secondary dwelling (granny flat) between April 2011 and November 2019 under State Environmental Planning Policy (Affordable Rental Housing) 2009, that consent was issued with certain conditions to ensure the dwelling provides a home for permanent residents.

The conditions prevent STRA in these dwellings and will continue to apply. Unauthorised use of the dwelling may lead to enforcement action.

How is STRA regulated?

Any dwelling used for STRA purposes is required to be registered on a new State Government-run register for STRA. Information such as compliance with fire safety standards and the number of days a property is used for STRA is captured and integrated with key STRA booking platforms (such as Stayz and AirBnB) and the NSW Planning Portal.

This register assists Councils with monitoring and compliance of registered STRA dwellings.

What is the Code of Conduct?

As part of the STRA reforms a mandatory Code of Conduct for the STRA industry came into force on 18 December 2020. It sets obligations, minimum standards of behaviour and requirements for all industry participants i.e.booking platforms, hosts, letting agents and guests..

For more information on this Code of Conduct, please visit the NSW Fair Trading website.

What if my dwelling is part of a strata building?

Some strata buildings have by-laws that prohibit STRA in a building where the dwelling is not your principal place of residence. This means that if you want to undertake non-hosted STRA in a strata building you must first check that there are no by-laws which prohibit STRA.

If your dwelling in a strata building is also your principal place of residence, then you can undertake STRA without reference to possible strata by-laws. However, as a host you must still comply with all requirements of the policy such as fire safety standard and registration on the STRA Register. 

You can read more about managing short-term rental by visiting the NSW Fair Trading website.

What are the fire and emergency obligations of a STRA property?

Short term holiday rental accommodation will have to comply with Fire Safety Standards and Emergency Procedures.

The STRA Fire Safety Standard refers to different classes such as Class 1A, Class 2 or class 4 under the Building Code. Here's an explanation of building class to assist in meeting those obligations:

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.