Short-Term Rental Accommodation


Short-term rental accommodation, also known as STRA or holiday letting, is where a house or unit is used to provide residential 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.

Current rules for STRA

The NSW Government's regulations for short-term rental accommodation came into effect for Byron Shire from 31 January 2022. These are:

  • Your house or unit cannot be used for non-hosted STRA for more than 180 days in a 365-day period.
  • There is no limit for hosted STRA.
  • All hosts must register their STRA property on the NSW Government-run Short-term Rental Accommodation Register.
  • All hosts must comply with the fire and safety requirements and agree to follow the NSW Fair Trading Code of Conduct for the STRA Industry.

For more information on how to register and other requirements, refer to the NSW Government Short-term rental accommodation website.

Please contact Service NSW for assistance or questions about registration.

Changes to non-hosted STRA day caps will come into effect on 24 September 2024.

New rules for non-hosted STRA from 2024

Changes for non-hosted STRA were endorsed by the NSW Government in September 2023. There will be a 12-month transition period for the community and industry to prepare. The new day caps will take effect on 23 September 2024.

The changes are:

  • Your house or unit cannot be used for non-hosted STRA for more than 60 days in a 365-day period, for most of the Shire. 
  • Some areas in Byron Bay and Brunswick Heads will be able to operate without a cap on holiday letting, for 365 days per year. Maps for these areas are available on the NSW Department of Planning portal website.

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

Frequently Asked Questions about STRA

What are the current 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 180 days in a 365-day period.

The following standards will 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 dwellings 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.

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 currently being 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 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.