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Big changes to holiday letting rules

October 7, 2024 BY
Byron Shire Holiday Letting

Caps on short-term rentals have been introduced in the Byron Shire. Photo KPRAVIN2

A NEW cap on short-term holiday letting in the Byron Shire will limit the rental of most unhosted properties to 60 days, in a move the council hopes will free up more rentals for residents.

Byron Shire Council was the first council in the state to impose a cap on unhosted short-term rental accommodation, which was introduced on September 23.

The cap does not apply to some areas in Byron Bay and Brunswick Heads, where unhosted short-term holiday letting is allowed for up to 365 days.

Shannon Burt, the council’s director of sustainable environment and economy, said: “Getting this 60-day cap approved by the NSW Government took many years of work and is recognition of the difficulty many people, including key workers, face in finding stable, long-term accommodation in the Shire”.

Ballina MP Tamara Smith said the legislation gave the community “the power to rein in unfettered holiday letting in Byron Shire”.

“At peak times we have seen thousands of whole homes on holiday sites while permanent residents have had no rentals available,” Ms Smith said.

“This cap should see the transfer of some of those properties to the long-term rental market and cannot kick in soon enough.

“Of course, we know that rents in Byron Shire will be high, but supply over the long term will make a difference to both cost and availability.”

The council will now collect data on unhosted properties, including those registered on the NSW Government Short Term Rental Accommodation Register, as well as public and private listings on online booking platforms.

“Once we are confident our data is robust, we will begin looking closely for property owners who are breaching the new regulations,” Ms Burt said.

“This is new territory for us and there is no rule book to follow, so we will be reviewing and refining our approaches as we go.”

Unhosted short-term rental accommodations are properties where the host does not stay on the premises during the rental period.

Individual units in a building where there is an onsite manager or concierge are generally considered unhosted.

Accommodation such as hotels, backpackers, serviced apartments, and bed-and-breakfast accommodation require a development application and are not considered short-term rental accommodations.