The Essential Guide to the Laws and Regulations for Airbnbs in Australia

Please note that while we can provide some general information about the legal requirements for setting up an Airbnb in Australia, it’s crucial to consult with local authorities or seek professional advice for specific and up-to-date regulations in each state. Airbnb and short term rental accommodation (STRA) regulations can change, and it’s important to comply with the most recent guidelines. Here’s a brief overview of the legal requirements for setting up an Airbnb in each Australian state.

Here’s an updated, more current version based on the latest publicly available rules and proposals. (Note: this is for general guidance only — always verify with the relevant authorities and local council.)

New South Wales (NSW)

• You must register your residential property (houses, units, terraces; not caravans, tents, or movable dwellings) as a Short-Term Rental Accommodation (STRA) via the NSW Planning Portal before advertising or offering it for short-term rental. (Service NSW)
• When advertising, you must display the STRA property ID. (Service NSW)
• You must agree to and comply with the STRA Code of Conduct. (Service NSW)
• You must ensure fire safety standards (interconnected smoke alarms, evacuation diagrams, etc.) are met, and attest your property meets those in the registration. (planning.nsw.gov.au)
• Registration renewals can be done via the Planning Portal, starting 45 days prior to expiry. (planning.nsw.gov.au)
• If a registration is not renewed by its expiry date, it becomes “blocked” and, after a 3-month grace, is automatically de-registered. (planning.nsw.gov.au)
• In certain areas (e.g. Greater Sydney, parts of Muswellbrook, Clarence Valley), non-hosted STRA (i.e. where the owner does not stay on the premises) are capped at 180 days per year. (pbl.legal)
  • Note: In Byron Shire (in many precincts) a 60-day cap for non-hosted STRA has been introduced (in many zones) as of 23 September 2024, with some precincts exempt. (pbl.legal)
• Owners’ corporations (strata bodies) may pass by-laws to ban non-hosted STRA via a special resolution (75%) but cannot restrict hosted STRA by owner-occupiers. (pbl.legal)
• Planning (zoning, land use) compliance may also be required, depending on your LGA and whether development consent for STRA is needed. (planningportal.nsw.gov.au)

Other obligations (insurance, health, amenity, etc.) remain similar to your original summary:

• You should maintain suitable safety, health, and amenity standards (e.g. clean, safe, sanitary).
• Appropriate insurance (including public liability) is strongly recommended (or required under platform terms).
• You must ensure you comply with any applicable local council regulations, zoning rules, building requirements, and strata by-laws.

Victoria (VIC)

• From 1 January 2025, Victoria introduced a 7.5% Short Stay Levy on bookings for stays less than 28 consecutive days, applied to total fees (including cleaning, GST) but excluding credit card fees. (State Revenue Office)
  • The levy does not apply if the property is the owner’s or renter’s principal place of residence. (State Revenue Office)
  • Booking platforms are responsible for collecting the levy when using such platforms; for direct bookings, the owner or tenant is responsible. (State Revenue Office)
• Legislative changes (Owners Corporations Act) came into effect in January 2025 to allow owners corporations (strata) and residents to take action regarding unruly parties in short-stay apartments. (Consumer Affairs Victoria)
• Owners corporations may pass by-laws or rules to restrict or ban short-stay use of lots, but must follow proper procedures (e.g. allow for existing bookings, give notice) and local council rules. (Consumer Affairs Victoria)
• Local councils and owners corporations will be given additional powers to regulate or limit short stays, including through planning or permit-based controls. (The Guardian)
• In addition to levy and regulatory changes, compliance with health, safety, fire, amenity, insurance, and building regulations is required under existing laws.

Queensland (QLD)

• Short-term accommodation (typically leases < 3 months) is a defined planning use. Whether you require development approval, a permit, or compliance depends on your local council and zoning. (houst.com)
• Some councils already have or are considering permit regimes e.g. Brisbane is moving to require council-approved permits for short-term rentals. (Image Property)
• You must comply with safety, health, fire, amenity, and building standards appropriate to short-stay accommodation.
• Insurance including public liability is strongly recommended.
• The Residential Tenancies and Rooming Accommodation Act 2008 generally does not apply to short-term holiday/leisure stays (agreements < 28 days) such stays are often regarded as “holiday” rather than a residential tenancy. (legislation.qld.gov.au)
• It’s important to check your local council’s planning scheme, by-laws, and any relevant codes of conduct for short-term accommodation in your area.

Western Australia (WA)

• Under the newly passed Short-Term Rental Accommodation Act 2024 (WA), all STRA providers (hosted or un-hosted) must register their property on the WA STRA Register. (Western Australian Government)
• Registration is required whether or not planning approval is needed. (Western Australian Government)
• The STRA register opened for registration (with 12 months of free registration for early enrollees) from 30 June 2024. (Western Australian Government)
• In metropolitan Perth, un-hosted STRA let for more than 90 days in a 12-month period must obtain development approval; hosted STRA are exempt from requiring development approval. (Western Australian Government)
• Local governments will determine planning requirements in regional areas. (Western Australian Government)
• The WA government also launched an incentive scheme (AUD 10,000) to encourage un-hosted STRA owners to shift properties into long-term rentals for at least 12 months. (Western Australian Government)
• Existing regulations concerning safety, health, amenity, fire, building, insurance, and local compliance also apply.

South Australia (SA)

• Currently, there is no statewide mandatory registration scheme specifically for short-term rental accommodation (as of latest public sources).
• However, a parliamentary inquiry has recommended introducing a statewide register, safety standards enforcement, and possibly new fees. (Adelaide Now)
• Meanwhile, providers should comply with local council regulations, planning, building, fire safety, health, amenity, and insurance requirements.

Tasmania (TAS)

• As of available sources, there is no specific state legislation regulating short-term accommodation in Tasmania.
• However, you should check with the local council for planning, building, fire safety, health, insurance or other requirements.

Australian Capital Territory (ACT)

• You must register your property as a short-term accommodation provider via Access Canberra.
• You must comply with health, safety, fire, amenity, building and insurance requirements (e.g. smoke alarms).
• Local planning and development regulation may apply depending on zoning and property type.

Northern Territory (NT)

• There is no specific territory-wide regulation for short-term accommodation presently.
• Consult the relevant local government area or council for planning, building, fire, health, and insurance requirements that may apply.

Remember, this is just a general overview, and regulations may vary and change over time. It’s important to conduct thorough research and consult with local authorities or seek professional advice to ensure compliance with the current legal requirements in each state.