With the emergence of popular websites such as Airbnb and Stayz, finding tourist accommodation has never been easier. However, since mid-2017 the guidelines relating to renting out your home for holiday accommodations changed.
As you can imagine State legislation is often slow to change when facing new trends and Short-term Accommodation was one of the major changes within the Planning Act 2016.
Prior to July 2017, the term “Dwelling House” did not restrict the use of the premises for short-term or permanent residents, which meant you can holiday let your home out for periods of time, with no development approval. Once the new planning legislation came into effect, the definition term for Dwelling House had changed and a new definition was added: Short-term Accommodation.
As of today there are three methods to be able to holiday let a property, with different standards.
Confirmation of Existing Use Rights – If you were holiday letting your property prior to July 2017, and can provide proof of this, you will be able to obtain a Confirmation of existing use rights, allowing you to continue holiday letting your property at the same scale and intensity of the proof you are able to provide.
Home Based Business (Bed and Breakfast) – Owner still lives within the dwelling but rents out rooms for short-stay. Every Council has their own unique codes relating to the number of rooms, persons, or nights that guests can stay at the premises. However, these are normally considered to be Accepted Development subject to requirements. (Check with your local Council)
Short-term Accommodation – Where you rent out the entire premises for a short-term purpose. This normally requires a development application to be submitted to Council to obtain a development permit for the use.
If you are unsure if you require an approval or still need some advice, contact our team at info@jcengineers.com.au.
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