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TL;DR
Brisbane doesn’t have a citywide 90-day cap. What matters is how you host. Hosted B&B in your owner-occupied home can fit Council’s paid guest accommodation settings (with headcount limits), while whole-home short-term stays may need planning approval depending on your zone and site. All rentals must meet Queensland smoke-alarm laws (hard deadlines), you must declare income and platforms now report to the ATO. Use the steps below to stay compliant.
Table of Contents
Is Airbnb legal in Brisbane?
Yes — short-term letting is allowed in Brisbane subject to planning, building and safety laws.
Local terminology that Brisbane uses
- Short-term accommodation (STA): visitor/guest stays for less than 3 consecutive months (City Plan definition).
- Paid guest accommodation: hosted bed-and-breakfast activity inside an owner-occupied dwelling, treated under the Home-based business settings, with guest limits (see here).
Is there a 90-day cap in Brisbane?
No citywide “90-day rule” exists in Brisbane’s planning scheme or local-law register at the time of writing. (Council’s Local laws database does not show a short-stay local law in force, and City Plan doesn’t impose a blanket night cap.)
Quick check: Council has consulted on short-stay issues, but consultation is concluded and no operating permit regime appears on the Local laws register as of 8 Sep 2025. Always recheck Council updates.
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When you do and don’t need planning approval
Hosted stays as “paid guest accommodation” (owner-occupied B&B)
Brisbane’s materials set out that an owner-occupied dwelling may provide paid guest accommodation within home-based business parameters, including no more than 4 paying guests at any one time and a total headcount (residents + paying guests) ≤ 10 persons. This is a common pathway for hosted stays.
Tip: If you meet the home-based business criteria and remain owner-occupied, you’re generally not operating a separate “short-term accommodation” use for the whole dwelling. Always confirm your exact zoning/overlays in City Plan Online.
Whole-home / unhosted holiday lets
Letting the entire dwelling on a short-stay basis is typically assessed as short-term accommodation (STA). Whether you need a development application (Material change of use) depends on your zone, overlays and neighbourhood plan. In some locations STA may be code-assessable; in others it may be impact-assessable or not supported. Check your property in the City Plan and use Council’s pre-lodgement advice if uncertain.
How long Council can take to decide
For code-assessable development, Queensland’s DA Rules set a standard 35 business-day decision period (once the application is properly made and information stages are complete). Complex applications or public notification can extend timeframes.
Permits & local laws — where things stand in 2025
Council ran a Short-Stay Accommodation consultation to explore reforms. As at 8 Sep 2025, the Local laws database shows no operative short-stay local law (for example, no citywide permit system) — meaning your obligations still flow from planning approvals, rates categorisation, and state safety/tax laws rather than a city-run STR permit. Keep an eye on Council updates.
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Rates, taxes & reporting
Council differential rates for short-stay use
Brisbane sets differential general rates by property category each year. If your dwelling is used for short-stay/visitor accommodation rather than as your principal place of residence, Council may place it in a different category (with a different minimum or parity factor). Always check the Resolution of Rates and Charges 2025–26 and your rates notice to confirm your category.
ATO: you must declare your rental income
All income from renting out all/part of your home (including via platforms) must be declared in your tax return. Since 2023–24, platform operators are progressively required to report seller transactions to the ATO under the Sharing Economy Reporting Regime (SERR) — accommodation platforms are already covered.
GST: residential rent is usually input-taxed
For typical Airbnb-style letting of residential premises, rent is an input-taxed supply under s 40-35 GST Act — you don’t charge GST and can’t claim GST credits on related inputs. If you operate premises that are commercial residential (e.g., akin to a hotel/hostel) GST can apply. When in doubt, check ATO guidance.
Fire safety & building rules you must meet
Queensland’s staged smoke-alarm laws now require:
- All rented homes to have interconnected, photoelectric alarms (AS 3786-2014) — landlord obligations apply now.
- All existing private homes (including owner-occupied) must meet the same interconnected standard by 1 January 2027.
- Alarms on every storey, in each bedroom, and in connecting hallways (or the most likely exit path).
Hosts should keep evidence of compliant alarms and routine testing/cleaning aligned with RTA guidance.
Bodies corporate & by-laws in Queensland
In most community titles schemes regulated by the Body Corporate and Community Management Act 1997 (Qld), a by-law cannot restrict the type of residential use of a lot (e.g., ban short-term letting) if the lot may lawfully be used for residential purposes (s 180(3)). Practical rules about nuisance, noise and use of common property still apply. (Some legacy schemes under different legislation may have different outcomes.)
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How to stay compliant (step-by-step)
- Check your property in City Plan Online. Confirm zone/overlays and whether hosted B&B fits home-based business criteria or if a short-term accommodation approval is needed.
- If needed, lodge a DA (Material change of use – Short-term accommodation). Use proper plans; expect DA Rules timeframes from ~35 business days for code assessment.
- Hosted B&B? Keep within paid guest accommodation settings: ≤ 4 paying guests at once and total residents + guests ≤ 10. Retain owner-occupation.
- Install/verify smoke alarms. Ensure interconnected photoelectric alarms to RTA/QFES specs; diarise the 1 Jan 2027 deadline (owner-occupiers) and ongoing landlord duties.
- Rates & category. Review your rates notice and the Resolution of Rates and Charges 2025–26 to confirm your category if you short-let. Query Council if mis-categorised.
- Tax & reporting. Keep clear records; declare all income; note platforms report to the ATO (SERR); consider CGT implications if relevant.
- Body corporate. Check by-laws for operational rules (noise, facilities, signage). Remember BCCM s 180(3) generally prevents bans on a lawful residential use.
- List responsibly. House rules, local contact, waste/recycling info, quiet hours, and emergency info (including alarm layout) help avoid complaints.
- Stay updated. Council’s short-stay consultation has concluded; re-check the Local laws database before you invest further.
Need a hand? Our local team can handle set-up, compliance and guest ops: Airbnb Management in Brisbane. And bookmark our live Airbnb Rules — Brisbane.
FAQs
1) Is Airbnb legal in Brisbane?
Yes, subject to planning/safety/tax rules. Hosted stays can often operate under paid guest accommodation settings; whole-home short-stays may need approval depending on the zone.
2) Does Brisbane have a 90-day cap?
No citywide cap is published in City Plan or the Local laws register as at 8 Sep 2025. Always recheck the register.
3) Do I need a permit with Council?
Council consulted on short-stay reforms, but the Local laws database shows no active short-stay local law/permit scheme at the time of writing. You may still need a planning approval under City Plan.
4) What are the hosted B&B limits?
Owner-occupied paid guest accommodation: typically ≤ 4 paying guests at once, and total residents + guests ≤ 10.
5) What about fire-safety?
All rentals must have interconnected photoelectric alarms now; all homes must comply by 1 Jan 2027.
6) Do I pay GST on Airbnb income?
Usually no for residential premises — rent is input-taxed (s 40-35). If you supply commercial residential accommodation (hotel-like), GST may apply. Always check ATO guidance.
7) Do I have to declare Airbnb income?
Yes — and platforms now report transactions to the ATO under SERR.
8) Can my body corporate ban Airbnb?
In BCCM-regulated schemes, a by-law generally can’t restrict a lawful residential use (s 180(3)). Schemes can still enforce noise/nuisance rules.
Not Advice: This guide highlights key points for short-term letting and is not legal or tax advice. Rules change — always check the relevant authority’s website for your property and seek professional advice if unsure.
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