Regulations & Requirements 

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In New South Wales (NSW), short-term rental accommodations (STRA) are governed by a comprehensive regulatory system that includes a statewide planning framework and an STRA register. Also, there is a mandatory Code of Conduct that applies to all participants involved in STRA, including hosts, guests, letting agents, property managers, and booking platforms. Strata by-laws further impose restrictions on certain types of short-term rentals. It's important to be aware that the NSW STRA policy framework will also extend to accommodations in Byron Shire LGA from January 31, 2022. Hosts in Byron Shire LGA can register their STRA dwellings on the NSW STRA register starting from December 5, 2021. Staying informed about these regulations and requirements ensures that hosts can operate within legal boundaries and contribute to a responsible and well-managed STRA ecosystem.

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NSW STRA Planning Framework and Register

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In line with the NSW Government's commitment to regulating short-term rental accommodations (STRA), a comprehensive statewide planning policy was introduced, complemented by a mandatory Code of Conduct. The policy, implemented on 1 November 2021, aims to enhance the STRA landscape, promoting responsible hosting practices across the state. Key changes were introduced to bolster compliance and safety measures, impacting hosts in various ways.

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Registration and Compliance Requirements

Hosts must register their STRA dwellings on the NSW Government's official STRA register to operate within the STRA ecosystem. As part of this registration process, hosts must adhere to the newly introduced STRA Fire Safety Standard, ensuring that their properties meet essential fire safety guidelines for guests' well-being. Moreover, a registration fee of $65 for the first 12 months and an annual renewal fee of $25 apply, contributing to the sustainable management of the STRA sector.

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Operational Guidelines and Day Limitations

Whether hosted or unhosted, STRA listings can operate all year round throughout most of NSW. However, in Greater Sydney and designated regional NSW local government areas, unhosted STRA listings are restricted to 180 days per year. Notably, bookings exceeding 21 consecutive days are exempt from this day limitation, offering greater flexibility for longer stays.

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Fire Safety Compliance and Additional Information

Fire safety standards are paramount for STRA hosts, and compliance is a prerequisite for registration. Hosts must confirm their adherence to the prescribed fire safety requirements upon registration. 

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The NSW Government offers vital information about STRA rules, including eligible dwellings, nominated areas, and exemptions. Certain accommodations, like boutique hotels and serviced apartments, are not considered STRA. Penalties may lead to registration suspension, revocation, or fines. For more details, visit the NSW Government’s website.

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NSW Code of Conduct

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As part of the NSW Code of Conduct for the Short-term Rental Accommodation Industry, all stakeholders, including Hosts, guests, property managers, booking platforms, and letting agents, must adhere to specific guidelines. Additionally, under the Code, Airbnb and other booking platforms are required to provide "relevant information" to the NSW Government daily. As a responsible Host of an STRA listing, it is essential to know this data reporting requirement and ensure compliance with the applicable day limits under the new STRA planning rules. Embrace the Code of Conduct to foster responsible hosting practices and contribute to a well-managed and sustainable STRA ecosystem.

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Airbnb Host Responsibilities

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As an Airbnb Host in NSW, adhering to the Code of Conduct is essential to ensure responsible hosting practices and a positive guest experience. The Code of Conduct, effective from 18 December 2020, outlines specific obligations that Hosts must fulfil:

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• Act honestly and in good faith in managing bookings and addressing any complaints or disputes that may arise.
• Ensure your accommodation's listing description accurately represents the property's features and amenities.
• Hold Airbnb insurance covering liability for third-party injuries and death. While Airbnb's Host Protection Insurance meets the minimum requirement, additional coverage may be considered.
• Be available for guest management, premises oversight, and neighbourhood complaints during ordinary hours (8:00 am-5:00 pm daily) and outside these hours to handle emergencies.
• Provide guests with essential contact details, including your own, your Co-Host's, or the property management company's, and contacts for emergency electricians, plumbers, and Australian emergency services (000).
• Provide guests with a Code of Conduct and explain their obligations. Guests are expected to treat the listing and community respectfully and refrain from disturbing neighbours during their stay.
• Inform your neighbours about your hosting activities and provide them with your contact details or those of your Co-Host. Notifying the owner's corporation or community association is mandatory if you live in a strata or community scheme. Address any neighbour concerns regarding possible code violations promptly and reasonably.
• Consider adding essential contact numbers and the Code of Conduct to your house manual, which can be sent to guests after reservation or provided as a paper copy in your Airbnb listing.

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Complaints and Penalties

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In a breach of the Code of Conduct, both Hosts and guests have the right to complain. Airbnb encourages Hosts and guests to attempt direct communication before involving NSW Fair Trading to promote resolution. Please refer to the NSW Government website for comprehensive guidance on filing a complaint.

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It is vital to uphold your obligations under the Code of Conduct, as any breach can lead to severe penalties for Hosts and guests. Penalties may include being banned from hosting or booking short-term rental accommodations (STRA) for up to five years. 

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The Exclusion Register

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The Exclusion Register is a crucial mechanism to enforce compliance within the short-term rental accommodation industry. It comprises a list of guests and Hosts who have been excluded from participating due to non-compliance with the Code of Conduct.

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Operating on a "two-strike" system, the Exclusion Register identifies individuals who have committed two serious breaches of the Code within two years, as determined by NSW Fair Trading. In such cases, exclusion from the industry for five years is imposed. These breaches of the Code may also entail violations of Airbnb's Terms, Additional Legal Terms, Policies, or Standards.

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A Host can be listed on the Register as a general exclusion or with a specific listing, depending on the nature of the breaches. Moreover, NSW Fair Trading reserves the right to record a host or a guest on the Exclusion Register if they have been charged with or convicted of a criminal offence. This stringent approach reinforces the importance of adhering to the Code of Conduct and upholding responsible practices within the industry.

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Airbnb’s Expert Rental Management at Your Service

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Are you looking to maximise the potential of your Airbnb rental while ensuring seamless and stress-free management? Look no further than Houst, your ultimate partner in property rental management. Our unrivalled expertise and comprehensive services make us commit to elevating your Airbnb rental to new heights. From handling guest communication and Airbnb maintenance to optimising your rental income and ensuring compliance with local regulations, Houst is the trusted solution that allows you to reap the Airbnb revenue of your investment hassle-free. Let us handle the details while you enjoy the benefits of being a top-notch Airbnb host.

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