New South Wales Short-Term Rental Laws & Hotel Tax (2026)

State licence required

Yes

Latest rule change

Sep 23, 2024

The laws in brief

Who needs it

Every host of a house, unit, terrace or granny flat let for short stays, hosted or not. Approved hotels, motels, serviced apartments, bed and breakfasts, caravan parks and camping grounds do not register. No council licence is required.^4,5,7

Issued by

NSW Department of Planning, Housing and Infrastructure, through the NSW Planning Portal

Valid for

A registration runs for 12 months from the registration date and is renewed on the Planning Portal from 45 days before it expires. A registration that is not renewed is held for 3 months, blocked from taking bookings, and then de-registered.

On listings

The number must appear on every listing

Platform checks

A booking platform must not advertise premises unless they are on the register and the registration number is shown with the listing. The State invites platforms to link to the register to verify that advertised premises hold a current registration.

Fees

Who qualifies

• Lawfully built dwellings that may be used as residential accommodation in any land-use zone can use the exempt development pathway, so no council approval is needed.
• Boarding houses, seniors housing, rural workers' dwellings, group homes, hostels, refuge or crisis accommodation, build-to-rent housing, co-living housing and moveable dwellings cannot use the pathway.
• The dwelling must meet the STRA fire safety standard and the host must agree to follow the code of conduct.
• A non-owner registering the property uploads the owner's consent, and any development consent that applies is uploaded too.
• Strata by-laws, development consent conditions and leases can add restrictions.

How to apply

1. 1 Check that the dwelling meets the STRA fire safety standard and agree to follow the code of conduct.
2. 2 Log in to the NSW Planning Portal with a Service NSW account or a Planning Portal login.
3. 3 Upload any development consent and, if you are not the owner, the owner's consent.
4. 4 Pay A$65 to receive the STRA property ID, and show it on every online listing.
5. 5 Renew each year on the Planning Portal; hosts get email reminders 45, 30 and 7 days before expiry.

Permit rules

Register every property on the STRA Register

Every short-term rental property in New South Wales goes on the STRA Register on the NSW Planning Portal, for A$65 and then A$25 a year to renew. Approved hotels, motels, serviced apartments, bed and breakfasts and caravan parks do not register.^4,5 In force since March 1, 2022

No council licence or permit is needed

A host does not need a licence or permit to run a short-term rental; the register is the only state step. A person who acts as an agent arranging stays for others may need a real estate agent licence under the Property and Stock Agents Act 2002.⁶

Show the STRA property ID on the listing

Registration issues an STRA property ID, and it must be displayed on the online property listing. The register must be completed before the property is advertised or offered.⁵ In force since March 1, 2022

Platforms may only advertise registered premises

Under the mandatory code of conduct, a booking platform must not advertise short-term rental premises unless they are on the register and the registration number is shown with the listing.⁷ Applies to: booking platforms · In force since March 1, 2022

Renew every year or lose the registration

A registration must be renewed for A$25 each year from the date of the original registration. If it is not renewed by the expiry date it is held for a further 3 months, blocked from taking bookings from online platforms, and then de-registered; a new registration is then needed.⁴

A non-owner registers with the owner's consent

A tenant, manager or other non-owner registering a property uploads confirmation of the owner's consent, along with any development consent that applies. When a property is sold, the previous owner deregisters it and the new owner registers it and receives a new property ID.^4,5 Applies to: tenants, managers and new owners

Hosted letting has no night limit

Where the host lives on the property, short-term letting can run all year. The owner must live on the property but not necessarily in the home let, so a granny flat can be rented for 365 nights.^4,10 Applies to: hosted STRA · In force since November 1, 2021

Regional councils can ask for a cap, but only the State can set it

Outside Greater Sydney, the 180-night cap applies only to areas that nominated themselves (Ballina, parts of Clarence Valley and Muswellbrook), and Byron Shire needed State approval for its 60-night cap. A council cannot cut the cap on its own.^4,15,23 Applies to: councils

Most homes qualify as exempt development in any zone

Houses, units, terraces, granny flats and housing above shops can be let without council approval in any land-use zone if the registration, fire safety and other general requirements are met. Boarding houses, seniors housing, group homes, hostels, build-to-rent, co-living and moveable dwellings cannot.⁴ In force since November 1, 2021

Beyond the cap, letting needs council development consent

If a non-hosted property in a capped area is let for more nights than the limit, it is no longer exempt development. A host who wants to let for more nights applies to the local council for development consent.^4,25 Applies to: non-hosted STRA in capped areas

An existing council approval stays valid

A valid development consent for short-term letting stays in force, and the state day limit does not apply to that dwelling, but any limit in the consent's conditions does. The dwelling must still be registered and the consent uploaded.¹⁰ Applies to: properties with a council approval

Strata by-laws can ban non-resident letting

An owners corporation can adopt by-laws restricting short-term rental, but only in lots that are not the host's principal place of residence. An owner who lives in the lot can still rent it out, or rent rooms while temporarily away.⁶ Applies to: strata lots · In force since April 10, 2020

1. 1. Sydney

   Greater Sydney

   Sydney is inside the capped area: non-hosted letting is limited to 180 days a year, bookings of 21 nights or more do not count, and hosted letting has no limit. In October 2025 and April 2026 the City of Sydney asked staff to advise on a 60-day cap, levies and a time-limited ban on non-primary residences; none is in force, and a reduced cap needs NSW Government approval.^4,10,14,15

   • Register on the STRA Register: A$65, then A$25 a year
   • Non-hosted stays capped at 180 days in each registration year
   • Bookings of 21 consecutive nights or more do not count towards the cap
   • Council would need NSW Government approval to cut the cap

2. 2. Shoalhaven City Council

   Shoalhaven

   Shoalhaven follows the statewide framework: registration on the NSW Planning Portal and up to 365 non-hosted nights a year, with no night cap. The council handles noise complaints and development issues such as using a garage, shed or caravan as accommodation.^10,17

   • Register on the NSW Planning Portal: A$65, then A$25 a year
   • No night cap: non-hosted letting can run 365 days a year
   • Noise complaints go to council environmental health officers or the police
   • Using a garage, shed or caravan as a rental is a compliance matter

3. 3. Byron Bay

   Byron Shire

   Byron Shire has the strictest cap in the state: non-hosted letting is limited to 60 days a year, except in two mapped precincts in and around Byron Bay town centre and at Brunswick Heads, where it can run 365 days. Hosted letting has no day cap, and the cap now applies to every registration.^9,16,22

   • Non-hosted stays capped at 60 days a year outside the mapped precincts
   • Byron Bay town centre and Brunswick Heads precincts: up to 365 days
   • Hosted letting, where you live on the premises, has no day cap
   • Cap applied to new registrations from 23 September 2024 and to existing ones at their next renewal after that date

4. 4. Newcastle-Maitland

   Hunter

   City of Newcastle is outside the area with a night cap, so hosted and non-hosted letting are both exempt development with no council consent if the general requirements are met. Properties still register on the NSW Planning Portal, and strata by-laws or the conditions of a lease can restrict letting.^10,18

   • No day cap: Newcastle is outside the 180-day area
   • Register on the NSW Planning Portal before advertising
   • Fire safety standard applies
   • A development application is needed only if the exempt criteria are not met

5. 5. Central Coast Council

   Central Coast

   The Central Coast is expressly outside the Greater Sydney 180-day cap, so non-hosted letting can run 365 days a year under the state policy. Properties must still be registered on the NSW Planning Portal and meet the fire safety standard.^4,10

   • No night cap: the Central Coast is excluded from the Greater Sydney 180-day cap
   • Register on the NSW Planning Portal: A$65, then A$25 a year
   • Fire safety standard and code of conduct apply
   • Strata by-laws can still ban non-resident letting in apartment buildings

6. 6. Jindabyne

   Snowy Monaro Regional Council

   Jindabyne has no night cap under the state policy. Snowy Monaro Regional Council told the State in March 2024 that 27% of Jindabyne dwellings are non-hosted short-term rentals and asked for a balanced approach; any cap would need NSW Government approval.^10,19

   • Register on the NSW Planning Portal: A$65, then A$25 a year
   • No night cap: non-hosted letting can run 365 days a year
   • 27% of Jindabyne dwellings are non-hosted short-term rentals, per the council
   • A cap would need a council request and NSW Government approval

7. 7. Nelson Bay

   Port Stephens

   Nelson Bay sits in Port Stephens, which has no night cap, so non-hosted letting can run 365 days a year after registering on the NSW Planning Portal. Port Stephens Council reports 1,639 registered short-term rental dwellings in 2025/2026, 1,237 of them non-hosted.^10,20

   • Register on the NSW Planning Portal: A$65, then A$25 a year
   • No night cap: non-hosted letting can run 365 days a year
   • 1,639 registered dwellings in 2025/2026, 1,237 of them non-hosted
   • Fire safety standard and code of conduct apply

8. 8. Wollongong City Council

   Illawarra

   Wollongong follows the statewide registration, and non-hosted letting can run 365 days a year with no night cap. The council counted 792 registered properties in January 2025, down from 1,125 at the March 2023 peak.^10,21

   • Register on the NSW Planning Portal: A$65, then A$25 a year
   • No night cap: non-hosted letting can run 365 days a year
   • 792 registered properties in January 2025, 404 hosted and 388 non-hosted
   • Registrations peaked at 1,125 in March 2023

What the host still handles

• The STRA Register on the NSW Planning Portal, before advertising the property.
• GST with the Australian Taxation Office once GST turnover reaches A$75,000.
• Council development consent only where the exempt pathway does not apply, for example when letting beyond a night cap.
• A real estate agent licence, if you arrange stays for other owners.^12,13,15,24

180 nights a year for non-hosted stays in Greater Sydney

Non-hosted letting, where the host does not live on the premises during the stay, is limited to 180 days a year in the Greater Sydney region, the Ballina area and mapped land in Clarence Valley and Muswellbrook. The count runs over the 12 months from the registration date.⁴ Applies to: non-hosted STRA in capped areas · In force since November 1, 2021

Bookings of 21 nights or more do not count towards the cap

A booking of 21 consecutive days or more is exempt from the day limit for non-hosted letting, so longer stays can continue after the cap is reached. The dwelling must still be registered and meet the other rules.^4,10 Applies to: non-hosted STRA in capped areas · In force since November 1, 2021

Owner blocked-out nights do not count

The register only collects data from guest bookings, so nights the owner blocks out for private use are not counted towards the 180-day cap.¹⁰ Applies to: non-hosted STRA in capped areas

Byron Shire: 60 nights for non-hosted stays

From 23 September 2024, non-hosted letting in most of Byron Shire is limited to 60 days a year. Two mapped precincts, in and around Byron Bay town centre and at Brunswick Heads, stay at 365 days, and hosted letting is not capped.^4,9 Applies to: non-hosted STRA in Byron Shire · In force since September 23, 2024

Elsewhere in the state there is no night cap

Outside the capped areas, non-hosted letting can run 365 days a year under the state policy. The Central Coast is not part of the Greater Sydney cap, and Newcastle, Wollongong, Shoalhaven and Port Stephens have no cap.^4,10,18 Applies to: non-hosted STRA outside capped areas · In force since November 1, 2021

Fire safety standard: smoke alarms and an evacuation plan

Every dwelling used for short-term rental must have interconnected smoke alarms, an evacuation plan with signage showing the exits and 000, and an emergency information sheet. The host declares compliance when registering, and breaches carry penalty notices.^4,10 In force since March 1, 2022

Apartments also need a kitchen fire extinguisher and blanket

Dwellings in multi-unit buildings must also have entry doors that open from the inside without a key, and a fire extinguisher and fire blanket in the kitchen. A home with a studio above the garage needs an interconnected heat alarm in the garage.¹⁰ Applies to: units and secondary dwellings · In force since March 1, 2022

Third-party liability insurance

A host must hold insurance covering their liability for third-party injuries and death on the premises, valid for the whole occupancy period.⁷ In force since December 18, 2020

Be reachable for guests and neighbours

The host or an authorised representative must be contactable within ordinary hours to manage guests, the premises and neighbourhood complaints, and outside ordinary hours for emergencies.⁷ In force since December 18, 2020

Tell the owners corporation and direct neighbours

A host must tell the owners corporation or community association, and the occupants of directly neighbouring residential premises, that the premises are used for short-term rental, and give them a contact for the host or representative.⁷ In force since December 18, 2020

Strata by-law occupancy limit of 2 adults per bedroom

An owners corporation can introduce an occupancy limit of 2 adults per bedroom by by-law, to manage overcrowding in the building.⁶ Applies to: strata lots

Two strikes in two years mean a 5-year exclusion

NSW Fair Trading can record strikes for serious breaches of the code of conduct; two strikes in two years can put a host, or a premises, on the exclusion register for 5 years, and platforms must block them.^4,8 Applies to: hosts and guests · In force since August 2022

The rules cover stays of up to 3 months

A short-term rental arrangement under the code is a commercial arrangement giving a right to occupy residential premises for no more than 3 months at one time. No bond is required, though a security deposit can be taken under the Australian Consumer Law.⁶ In force since December 18, 2020

• Breaking a civil penalty provision of the code, such as ignoring a direction from the Commissioner for Fair Trading or misrepresenting who a host, guest or property is to get around the exclusion register, can bring a court-ordered penalty of up to 2,000 penalty units (A$220,000) for an individual and 10,000 penalty units (A$1.1 million) for a corporation; the Local Court can order at most 200 penalty units (A$22,000).^2,3,7
• Breaking an offence provision of the code of conduct, which includes advertising a property that is not registered, carries a court-imposed maximum of 200 penalty units (A$22,000) for an individual and 1,000 penalty units (A$110,000) for a corporation.^1,3,7
• Two serious breaches (strikes) of the code within two years put a host or a premises on the exclusion register, banning them from short-term rental for 5 years.⁸
• A registration that is not renewed is blocked from taking bookings from online platforms for 3 months, and is then de-registered.⁴
• Letting beyond the planning limits is unauthorised development, and a council can begin a compliance investigation that may lead to penalties or enforcement action.⁴
• Failing to meet the fire safety standard is a penalty notice offence enforced by the local council.⁴

1. April 28, 2026 Not in force
   City of Sydney asks whether a time-limited ban is possible

   Council voted 9 to 1 to ask whether a time-limited ban on non-primary-residence short-term rentals, a ban in named suburbs, or a ban triggered by rental vacancy rates is feasible under current NSW planning rules; nothing has been enacted.¹⁴

2. October 27, 2025 Not in force
   City of Sydney asks for advice on a 60-day cap and levies

   Council resolved to seek advice on regulatory options including a 60-day cap, levies, special rates and planning controls; any reduced cap needs NSW Government approval.¹⁵

3. September 23, 2024
   Byron Shire 60-night cap starts

   The cap applied to all new registrations from 23 September 2024 and to existing dwellings from their next renewal on or after that date.⁹

4. February 15, 2024
   State review of the short-term rental framework opens

   The NSW Government exhibited a discussion paper from 15 February to 14 March 2024 and says it is considering all submissions and investigating policy changes; no outcome has been published.⁴

5. September 2023
   Byron Shire 60-night cap announced

   The NSW Government announced a 60-day non-hosted cap for the Byron Shire local government area, except for two 365-day mapped precincts, with a transition period before it started.^4,9

6. March 1, 2022
   Registration becomes mandatory

   All hosts had to register their dwellings on the STRA Register and meet the fire safety standard by 1 March 2022.⁴

7. November 1, 2021
   Statewide planning framework starts

   The STRA planning policy commenced, with the 180-day cap for non-hosted letting in set areas, the 21-night exemption and the fire safety standard; hosts had until 1 March 2022 to register.⁴

Estimate what a home could earn

1. 1. Fair Trading Act 1987 No 68, section 54C Offence · NSW Legislation
2. 2. Fair Trading Regulation 2019, clause 11F Civil penalty for contravention of code of conduct · NSW Legislation
3. 3. Crimes (Sentencing Procedure) Act 1999 No 92, section 17 Penalty units · NSW Legislation
4. 4. Short-term rental accommodation · NSW Department of Planning, Housing and Infrastructure
5. 5. Register a short-term rental accommodation property · Service NSW
6. 6. Short-term rental accommodation · NSW Government
7. 7. Code of conduct for the short-term rental accommodation industry · NSW Government
8. 8. Short-term rental accommodation exclusion register · NSW Government
9. 9. Byron Shire · NSW Department of Planning, Housing and Infrastructure
10. 10. Short-term rental accommodation: frequently asked questions · NSW Department of Planning, Housing and Infrastructure
11. 11. Fines (Sentencing Bench Book) · Judicial Commission of New South Wales
12. 12. Register for goods and services tax (GST) · business.gov.au, Australian Government
13. 13. Commercial residential premises and GST · Australian Taxation Office
14. 14. Decision - Banning Short-Term Rentals in the City of Sydney During the Housing Crisis · City of Sydney
15. 15. Decision - Capping Short-Term Rental Accommodation in the City of Sydney · City of Sydney
16. 16. Short-Term Rental Accommodation (STRA) or holiday letting · Byron Shire Council
17. 17. Regulations for short term rental accommodation · Shoalhaven City Council
18. 18. Short Term Rental Accommodation · City of Newcastle
19. 19. Council calls for balance on short-term rentals · Snowy Monaro Regional Council
20. 20. Local Housing Strategy · Port Stephens Council
21. 21. Post Exhibition - Tourism Accommodation Review Strategy · Wollongong City Council
22. 22. Changes to rules for short-term rental accommodation in Byron Shire · NSW Department of Planning and Environment
23. 23. Changes to Byron Bay short-term rental rules · NSW Government
24. 24. Tax collection and remittance by Airbnb in Australia · Airbnb Help Center
25. 25. New South Wales · Airbnb Help Centre