Short Term Rental Accommodation

Short Term Rental Accommodation (STRA) can be described as a dwelling used to provide residential accommodation on a commercial basis for a temporary or short-term period. The host can either be living on the premises (hosted), or not living on the premises (non-hosted). The activity is most associated with booking platforms such as ‘Airbnb’ and ‘Stayz’ and can also include traditional holiday rentals through property managers.

STRAs are regulated through the NSW Department of Planning, Housing and Infrastructure, who manage a statewide regulatory framework including:

• a planning framework
• fire safety standards
• STRA register

Local Councils have a limited role when it comes to regulating STRAs, as most establishments do not need Council approval to operate. 

Councils are able to:

• confirm that a dwelling has been lawfully constructed to be used as residential accommodation
• confirm that a dwelling being used as an STRA has the appropriate land-use permissions and consent 

We can act where unauthorised building works take place on the house or apartment providing short term rental accommodation.

We are also able to apply to the NSW Government to reduce the number of days that a non-hosted STRA can operate, from 365 days per year to 180 days per year where significant land use conflict is proven in particular locations. Please note once lodged, the application is assessed based on its merits and is not guaranteed to be amended by the NSW Government.

If you are having issues with a Short Term Rental Accommodation (STRA) provider, you can check whether they are on the NSW Government’s STRA register and are following the STRA code of conduct, which includes consideration of neighbours.

To make a complaint to the NSW Government which registers STRAs, call ServiceNSW on 1300 305 695

For this reason we are keeping a register of complaints and will investigate localities where STRAs may be creating significant issues.

To register a complaint with us call (02) 65 663 200.

You do not need approval from Kempsey Shire Council to operate Short Term Rental Accommodation. You must however register with the NSW Government.

To register as a provider of Short Term Rental Accommodation, your house or apartment must have been lawfully constructed for the purposes of residential accommodation and meet the fire safety standards.

If your dwelling is part of a Strata Title Scheme (Owner’s Corporation), the by-laws must permit the lot to be used for STRA.

You must also agree to follow a code of conduct.

STRA is NOT permitted in boarding houses, seniors housing, rural workers dwellings, ecotourist facilities, hostels, camping grounds, caravan parks, moveable dwellings, group homes, refugee or crisis accommodation or within tourist and visitor accommodation uses (which includes serviced apartments). 

For more information see the NSW Planning, Industry and Environment's web page on Short Term Rental Accommodation.