General requirements
113 General requirements
The general requirements for short-term rental accommodation are as follows—
the dwelling must have been lawfully constructed to be used for the purposes of residential accommodation,
the dwelling must not be part of the tenanted component of a building,
the dwelling must comprise, or be part of, residential accommodation other than the following—
a boarding house,
co-living housing,
a group home,
a hostel,
a rural workers’ dwelling,
seniors housing,
the type of residential accommodation that the dwelling comprises, or is part of, must be permitted with or without development consent on the land on which the dwelling is located,
the dwelling must be registered on the register established under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, section 102C,
the dwelling must not be, or be part of, refuge or crisis accommodation provided by—
a public or local authority, including the Department of Communities and Justice, the Land and Housing Corporation or the Aboriginal Housing Office, or
another body funded wholly or partly by the Commonwealth or the State,
if the dwelling is classified under the Building Code of Australia as class 1b or class 2–9—
the dwelling must have a current fire safety certificate or fire safety statement, or
no fire safety measures are currently implemented, required or proposed for the dwelling,
Note—
The Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 includes fire safety requirements for certain existing buildings or parts of buildings.
the dwelling must not be a moveable dwelling within the meaning of the Local Government Act 1993,
the use of the dwelling for the purposes of short-term rental accommodation must otherwise be lawful.
Note—
In addition to the requirements set out in this Part, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example—
the Strata Schemes Management Act 2015,section 137A provides that a by-law may prohibit a lot being used for the purposes of a short-term rental accommodation arrangement, and
conditions of development consent, or a lease, may impose additional restrictions.
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