EVERYTHING YOU NEED TO KNOW ABOUT NEW LAWS FOR AIRBNB HOSTS + HOMEOWNERS
27th August 2021

In a time of change on a global scale right now and in line with that, comes the change to laws imposing new obligations and super important must-know changes for hosts in particular. The changes are regarding booking platforms, letting agents and guests.

The mandatory Code of Conduct for the Short-term Rental Accommodation Industry started on 18 December 2020 and the code creates new minimum standards of behaviour.

Below are the main focus areas that you need to know about in 2021 and beyond.

NEW GOVERNMENT ADVICE

With so many changes happening regularly, the NSW Government encourages all short term rental accommodation participants to stay up tot date with COVID-19 Public Health Orders. It’s so important you are aware of the number of guests allowed in your short term rental accommodation on any given week and any travel restrictions in line with that.

You are also encouraged to complete a COVID-19 Safety Plan as this covers you as an owner and  also helps to keep tenants or visitors safe throughout.

Stay up to date on COVID-19 safety plan advice Code of Conduct for the Short-term Rental Accommodation Industry

CODE OF CONDUCT ADVICE

The Code of Conduct was updated on 28 May 2021 to reflect that the planning instruments and premises register are now due to commence in November 2021.

NSW Fair Trading will continue to take an educational approach to compliance and enforcement of these requirements until the public register becomes available.Fair Trading has also published an updated Statement of Regulatory Intent to reflect these changes.

Stay up to date here, Statement of Regulatory Intent

PENALTIES FOR BREACHES

There are now brand new disciplinary actions that NSW Fair Trading can take, including listing non-compliant participants on an exclusion register.

The new code sets out a fair process in the lead up to any penalties being immediately enforced so that both parties have an opportunity to adapt to and comprehend the new requirements amongst the legislation.

You can read more about Short-term Rental Accommodation Complaints here.

LIMITS ON SHORT TERM RENTAL ACCOMMODATION

On 10 April 2020, strata and tenancy laws changed in relation to short-term rental accommodation.Owners corporations can adopt by-laws that limit short-term rental accommodation in their strata scheme, by banning it in lots that are not the host’s principal place of residence.

However, if someone lives in a strata property as their principal place of residence, they will still be able to rent out their home or rooms while they live there, or while they are temporarily away.

Read more about managing short-term rental at by-laws in your strata scheme on the NSW Government website.

WHAT IS COMING IN 2021 AND BEYOND?

A short-term rental accommodation premises register has been developed and is open for hosts to register their dwellings. The obligation to register will become compulsory on 1 November 2021.

Hosts must register their premises once that obligation is mandated by the Department of Planning, Industry and Environment and the register becomes available online. There are fees associated with registration.

More information can be found on the Department of Planning, Industry and Environment website.

You can stay in the loop as you go by constantly checking your list of NSW government resources and if you have any specific clarification as an owner that our team can help you to shed some light on, please do let me know.