The Environmental Planning and Assessment Amendment (Short-term Rental Accommodation) Regulation 2021 will commence on 30 July 2021 (“the Regulation”).
The Regulation amends the Environmental Planning and Assessment Regulation 2000.
The Regulation prohibits a dwelling from being used for the purpose of short-term rental accommodation even if that use is otherwise permissible, unless:
- The dwelling complies with the requirements of theShort-term Rental Accommodation Fire Safety Standard approved by the Planning Secretary and published on the Department’s website.
- The dwelling is registered on the register established and maintained by the Planning Secretary on the NSW planning portal of dwellings used for the purpose of short-term rental accommodation.
The Regulation also provides that the register is to include the following information (the registration information) for each dwelling used for the purposes of short-term rental accommodation:
- the address of the dwelling,
- the type of residential accommodation of the dwelling,
- whether the dwelling will be used as hosted short-term rental accommodation or non-hosted short-term rental accommodation,
- the name and address of the person who is providing the dwelling for the purposes of short-term rental accommodation,
- a description of how the dwelling complies with the fire safety standard.
According to the Regulation, a person must not provide a dwelling for the purposes of short-term rental accommodation unless the dwelling is included on the register and the registration is in force.
The Regulation states that the Planning Secretary is to register a dwelling on the register if the person who is proposing to provide the dwelling for the purposes of short-term rental accommodation:
- Provides the registration information to the Planning Secretary in a form approved by the Planning Secretary,
- Pays to the Planning Secretary the registration fee of $65.
Registration, including a renewal of registration, remains in force for a period of 1 year.
A person may apply to renew registration of a dwelling by—
- providing notice of any changes to the registration information to the Planning Secretary in a form approved by the Planning Secretary, and
- paying to the Planning Secretary the renewal fee of $25.
A renewal application may be made—
- up to 45 days before the registration ceases to be in force, or
- up to 3 months after the registration ceased to be in force.
If an application for renewal is made before the registration ceases to be in force, the registration continues in force even if the new period of registration commences after the registration would otherwise have ceased to be in force.
If an application for renewal is made within 3 months after the registration ceased to be in force, the new period of registration commences on the date notified to the person by the Planning Secretary.
The Planning Secretary is to make the contents of the register available to the following persons—
- a member of staff of the Department of Customer Service authorised by the Secretary of that Department,
- a member of staff of a local council authorised by the local council,
- any other person, if the Planning Secretary considers it necessary to make the contents available to ensure the safety of persons occupying the dwelling as short-term rental accommodation.
If you have any questions about how the new Regulation may apply to your strata scheme, we are here to help.
Disclaimer: This is commentary published by Pobi Lawyers for general information purposes only and should not be relied upon as specific legal advice. You should obtain your own legal advice specific to your circumstances before you take any action or otherwise rely upon the contents of this article. The content of this article is subject to change.