Australia

Queensland

In August 2023, the Queensland Government committed to a review of the STRA sector following the release of a research report commissioned from The University of Queensland, which found short-term rentals were not a significant determinant of rental affordability statewide and that the key issue driving rental market disruption was a limited supply of homes. The report included recommendations to implement a centralised registration system and a code of conduct to support local governments. It also noted that statewide restrictions would fail to account for the diverse nature of STRA across Queensland. 

The Queensland Government is undertaking consultation on the report’s findings and recommendations and is considering the implementation of a short-term rental registration system and STRA levy, among other reforms. 

At a Local Government Area (LGA) level, from July 2022 the Brisbane City Council increased rates for certain short-term rental properties. Brisbane’s City Plan defines ’short-term’ as a stay of less than three consecutive months, with new rating categories introduced for 2022-23 for houses and units rented to paying guests for temporary accommodation purposes. 

In June 2023, the Lord Mayor announced the new Short-Stay Accommodation Taskforce (the Taskforce). The Taskforce is consulting with business, industry groups, property owners and local communities and seeking to recommend best practice approaches for Council to consider in mid-2024.

New South Wales

Following an inquiry into home-sharing services, the NSW Government implemented in 2020 a regulatory framework for STRA, which includes a mandatory Code of Conduct inclusive of an exclusion register, a state-wide planning framework, a mandatory STRA premises register, and strata scheme by-laws that restrict certain types of short-term rentals.

In September 2023, the Government announced it would undertake a wide-ranging review concerning the implementation of a short stay levy and broader short term rental industry reforms, having endorsed a 60-day cap on STRA in the Byron Shire Local Government Area (LGA). Further caps in other NSW LGAs are being considered alongside other reforms, with the Government due to release the Terms of Reference for the review at the end of 2023 or early 2024.

The review is expected to be completed in the first half of 2024, with the Treasurer, Planning Minister, Housing Minister, and Better Regulation Minister leading various aspects of the review and seeking to progress a range of rental reforms in 2024, including ending no-grounds evictions. The NSW Treasurer has also stated the review will assess the impact of regulations and tax reforms, including vacant property taxes. 

In October 2023 at the Local Government NSW Conference, local councils agreed to call on the State Government to prioritise the STRA review. A City of Sydney resolution also passed, which called for Local Government NSW to commission a study to report on the impact that STRA is having on rental affordability and availability and tourist accommodation in NSW. The resolution also called for stronger powers for councils to implement caps on the number of days per year that a property can be used for non-hosted STRA, as well as the ability to respond flexibly to balance housing and the local visitor economy. City of Sydney has stated it supports a 90-day cap on STRA properties.

Victoria

The Victorian Government announced in September 2023 wide-scale reforms to planning and housing policies as part of Victoria’s Housing Statement, including the implementation of a 7.5 per cent levy on STRA properties. The revenue from the levy will be directed to Homes Victoria to fund the construction of social and affordable housing. The levy is expected to apply to online travel agencies and direct bookings with short-stay providers and commence on January 1, 2025. The Department of Treasury and Finance Victoria is undertaking consultations with industry to determine the details of the levy’s implementation, including how and when it will be collected. 

Furthermore, the Victorian Parliament’s Legislative Council Legal and Social Issues Committee has released its final report following its broad-ranging Inquiry into the rental and housing affordability crisis in Victoria, which included looking at the impact of STRA on the rental market. The Victorian Government will respond within six months to the report’s recommendations, which included a state-wide registration mechanism for STRA properties. 

Melbourne City Council is also reviewing policy settings for the STRA sector, with new regulations set to be introduced after February 2024. The Council is considering a new Local Law requiring STRA operators to register their properties with Council and caps on the number of days they can be rented.

Western Australia

Responding to recommendations made in the 2019 Parliamentary Inquiry Levelling the Playing Field – Managing the rapid increase of Short-Term Rentals in Western Australia, the Government of Western Australia announced new regulations governing un-hosted STRA in WA, as well as a six-month $10,000 incentive scheme for property owners to transition existing STRA into long-term rental homes.

A state-wide register for all STRA properties is expected to be introduced on 1 July 2024, becoming mandatory on 1 January 2025. All hosted and non-hosted STRA properties will need to be registered by 1 January 2025 before being able to advertise and take bookings, including on online booking platforms. The Government has stated STRA property owners that are already required to have development approval must provide their development approval number at registration, or by 1 January 2026 if subject to the new planning requirements, to remain on the register.

As part of the reforms, the Government will introduce new planning requirements for properties in the Perth metropolitan area. Un-hosted STRA properties operating for more than 90 nights (inclusive) in a 12-month period will need approval from the relevant local government. Un-hosted properties operating for less than 90 nights will not need to obtain development approval. 

In regional areas, including the Peel region, it will be up to the local governments to determine when planning approval is required for un-hosted STRA properties. It is expected that local governments will be able to issue development approvals by 1 January 2026 following amendments to their local planning schemes. 

The Government has stated hosted STRA will be exempt from the requirement to obtain development (planning) approval as the primary owner or occupier of the residence remains onsite for the duration of a guest’s stay. 

The Government is undertaking consultation with industry on the registration scheme and planning reforms with the expectation that the new legislation will be introduced in early 2024.

Tasmania

The Tasmanian Government has not foreshadowed any upcoming reform to its STRA policy settings, but in line with legislative requirements conducts regular reviews on Acts and Regulations in force. The Short Stay Accommodation Act 2019 (Tas) was implemented in June 2019 as a response to recommendations from the Tasmanian Premier’s Housing Summit in 2018. The Act requires booking platforms to collect and display certain information about listed properties, as well as provide quarterly data to the Director of Building Control. The Government states these requirements seek to ensure compliance with local government regulations and provide reliable data on the extent of short stay accommodation in Tasmania. 

The ’permit system’ in Tasmania requires short and medium stay hosts, excluding hotels, motels and caravan parks, to register for a permit with their local council. Exemptions to permits are available, including to those hosts where the accommodation is their main place of residence or if it has no more than four bookable rooms for visitors. Further, hosts lawfully using their property for visitor accommodation before July 1, 2018 are not required to obtain a permit. 

Local councils may also regulate short stay properties. In March 2022, Hobart City Council passed a motion to stop any new permits for whole-house short-stay development in residential areas.

South Australia

The South Australian Government has progressed a number of general rental reforms in 2023, including banning rent bidding, establishing rental assistance programs, and overriding local government laws to enable the rental of granny flats to non-family members. In November 2023, the Government introduced and passed through parliament landmark reforms to the Residential Tenancies Act 1995 as part of its broader Better Housing Future strategy. The reforms provide more rights and protections for tenants, including around pet ownership, rental bonds, and lease termination. It also seeks to clarify that residential tenancy agreements include arrangements giving exclusive access to a granny flat. 

In relation to STRA, a consultation draft of the Short Term Holiday Rental Accommodation Bill 2019 was released but did not progress. The then Labor Opposition advocated for a mandatory state-wide registration system and code of conduct, with penalties for non-compliance. 

Australian Capital Territory

In 2018, the ACT Government considered STRA regulatory settings and did not propose a new framework. In November 2023 in a formal response to a parliamentary motion from March 2023, the Government stated that in 2024 it will consider a state-wide registration scheme for STRA. The Government states restricting supply of short-term rentals would not necessarily result in increased supply in the long-term rental market, noting the considerable benefits STRA provides to the ACT. 

The Government stated that given there is little evidence that [short-term rental accommodation] is impacting affordability in the ACT, on balance, the costs of any regulation (particularly restrictions on the operation of the sector) would likely outweigh any benefits. 

The Government also noted that Airbnb guests spent $187 million in the ACT in 2022, which supported about 1200 jobs in the territory, including cleaners, property managers, gardeners, and indirect roles in the hospitality sector.

Northern Territory

The Northern Territory Government has not announced any reforms or legislation for the short-stay accommodation sector. It does have existing laws in place to allow owners' corporations to rule that leases must be signed for a minimum time frame to limit the instances of short stays.