The legalities around vacation rentals

The legalities around vacation rentals

There are many views on whether or not furnished short term leasing is legal.

The fact of the matter is: it is legal. However, it can be restricted by laws and regulations
implemented by councils, (and in apartments), the body corporate (or owners’ corporation). These regulations are not all-encompassing and are governed on a case-by-case basis.

AirBnB’s rapid boost in popularity in the marketplace has led to increased awareness of furnished rentals, and a variety mistruths about what you can and can’t do regarding the way you rent out your property.

Basically, the two areas that can restrict the short term furnished leasing of a property are:

  • Local Council may require a development application (DA) if you are proposing to change the use of your property from use as single residential home to use as a B&B or boarding house.
  • Individual apartment buildings may, through a consultation and vote in their Owners’ Body Corporation, implement by-laws restricting the minimum number of nights’ stay your
    furnished rentals can be booked for. Usually stays less than ninety nights are not allowed.

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