What can you do about that noisy Airbnb?

Published on 15 February 2024

Airbnbs and other short-term stays (defined as Short Term Rental Accommodation), can be contentious, particularly in coastal towns and villages where accommodation options are tight.

Airbnbs are classified as ‘exempt development’ by the NSW Government, limiting Council’s capacity to regulate them.

This means that Council approval is not required for certain hosted and non-hosted short term rental accommodation in NSW, although the dwelling must comply with the relevant regulations.

Short term rental properties must be registered in the Department of Planning and Environment's Short Term Rental Accommodation register, all hosts or letting agents must comply with the fire and safety requirements and follow the Code of Conduct.

If you think a short-term rental is in potential breach of the Code in your local area, it is best to direct your complaint to NSW Fair Trading.

Fair Trading will consider the complaint to decide if it concerns a potential breach of the Code or if it is a matter that should be referred to local Council or the NSW Police.

Issues or complaints relating to fire safety (including overcrowding), planning approvals, parking or ongoing noise should be directed to Council.

For more information, Fair Trading’s guide to short term accommodation includes advice for homeowners and visitors, guidelines for compliance, how to register your Airbnb, fire safety standards, and other useful material.

The Code of Conduct explains the rights and obligations of people involved in short term rental accommodation, including booking platforms, letting agents, hosts, guests and facilitators, as well as complaints, compliance and enforcement.