Airbnb

<html><body>
Unruly NSW house guests will from today be subject to strict new short-term rental accommodation laws that could see them banned from securing accomodation again on booking platforms.

Hosts or guests who commit two serious breaches of the code within two years will be banned for five years.

Platforms and letting agents will not be permitted to offer services to anyone, or any dwelling, that is listed on the exclusion register.

A strike will include any behaviour which unreasonably interferes with a neighbour’s quiet and peaceful enjoyment of their home.

Hosts’ obligations relate to holding an appropriate level of public liability insurance and providing neighbours and owners corporations with information such as the host’s contact details, and that they are bound by the Code of Conduct during their stay.

There will be changes to planning laws in mid-2021, including a new planning policy that applies consistent regulation of the use of premises for short-term rental accommodation across the whole state of NSW.

A short-term rental accommodation premises register is also under development for commencement in mid-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.

Minister for Better Regulation Kevin Anderson said the new industry Code of Conduct provided clear obligations for hosts centred on minimum standards of good behaviour.

“If you are a house guest from hell behaving disgracefully in a holiday rental or a shady host trying to swindle an unsuspecting customer, under these changes you will face penalties, and could be banned from the industry for five years,” Mr Anderson said.

“These new laws are coming into effect at the perfect time as we now head into what is shaping up to be one of the biggest domestic tourism holiday seasons on record.

“While the tourism boom is fantastic news for local communities getting back on their feet following last summer’s bushfires and the unprecedented disruption of COVID-19, it also reinforces the need for increased protections against anti-social and disruptive behaviour.”

Anderson said a key feature of the new laws was the establishment of an exclusion register, which will introduce a ‘two strikes and you’re out’ policy. 

“We are introducing these laws as part of our broad reform of the sector. Together, they will ensure the minority of participants who are giving the sector a bad name are penalised or removed and the sector is improved for hosts, guests and communities,” Mr Anderson said.

The standards are enforceable, with powers available to the NSW Fair Trading Commissioner to take disciplinary action, including penalties and exclusion from the industry for repeat offenders.

All participants, including booking platforms, will be required to comply with the Code and with directions and requests from the Commissioner.

For a time apartment owners in New South Wales faced the prospect of having to pay compensation to their neighbours.

Prior to COVID 19, the short-term rental accommodation injected $2.1 billion plus annually into the economy.

The industry was estimated to be worth $31.3 billion nationally in 2016.

Sydney ranks as one of Airbnb’s top ten cities for most properties on the platform.

In June 2018 the NSW government put a 180-day cap on the number of days properties can be rented out by Airbnb in Sydney.

It also gave strata corporations the power to ban Airbnb in their buildings if 75 percent of owners seek the ban.

The latest rules arose from an options paper by the NSW government.
</body></html>

Hosts or guests who commit two serious breaches of the code within two years will be banned for five years.



jchancellor

Tougher short term Airbnb accomodation rules in NSW

<html><body>
Airbnb, the popular short-stay rental platform, has launched a new program which will aim to assist 100,000 health care professionals, relief workers and first responders in accessing accommodation while in self-isolation. This opportunity will give workers who could potentially be exposed to the virus, a space away from household members which will be especially beneficial to those who are at greater risk of catching the virus, such as elderly or immune-compromised relatives. 

<blockquote>
“Medical workers and first responders are providing lifesaving support during the coronavirus outbreak and we want to help.” 
</blockquote>

Joe Gebbia, Co-founder of Airbnb

Since learning of the lack of clean and accessible accommodation for thousands of healthcare workers globally, Airbnb is working to locate available accommodation which is reasonably close to hospitals and medical centres.

Airbnb is also collaborating with businesses, non-profit partners and government agencies such as the International Rescue Committee, International Federation of Red Cross and Red Crescent Societies, International Medical Corps. 

<h2>THE GLOBAL ROLL OUT OF THE INITIATIVE</h2>

The initiative has already commenced in France and Italy, with 4,000 hosts in France volunteering to open their homes to medical workers. 

With the program now launching in Australia, Canada, France, Germany, Ireland, Italy, Malaysia, New Zealand, Spain, Thailand, United Kingdom and the United States, Airbnb hopes to develop more partnerships in the coming weeks. 

<h2>HOW HOMEOWNERS CAN HELP</h2>

Homeowners have also been encouraged by Airbnb to list their homes to house doctors, nurses, caregivers and other medical support staff during this time of need. Airbnb will be waiving any hosting fees to make it easier for homeowners to provide accommodation for those in need.

<h2>HOW WILL HEALTH AND SAFETY BE UPHELD?</h2>

For those who wish to accommodate COVID-19 responders with a safe place to live during the crisis, Airbnb has created a strict set of guidelines to ensure health and safety are maintained.

Hosts must vacate the property before the arrival of COVID-19 healthcare professionals.

Hosts are expected to practice social distancing by minimising their contact with guests during check-ins, and throughout their stay. It is also advised that they avoid visiting the premises while the guest is in residence and wait at least 72 hours between reservations to clean, disinfect and prepare the space for another guest. 

The recommendations published in Airbnb’s guidelines for <a href="https://www.airbnb.com.au/resources/hosting-homes/a/cleaning-guidelines-for-preventing-the-spread-of-covid-19-163">cleaning and safety protocols</a> are all based on guidance from the Centers for Disease Control and Prevention (CDC). The information includes the type of cleaning supplies to use, such as diluted bleach solutions, cleaning products with 70% alcohol and disinfectants <a href="https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2">registered by the Environmental Protection Agency</a> that are believed to be effective against the coronavirus. 

Health care professionals, relief workers and first responders who book accommodation through an NGO (non-profit organisation), government agency or health care system, will also be informed and familiar with the safety protocols they must follow. 

<h2>REQUIREMENTS OF AN AIRBNB HOST DURING THE COVID-19 PANDEMIC</h2>

By signing up for the program, hosts agree to allow guests to finish their reservation or stay for the length of time they need to self-isolate (which may mean the guest needs to extend their stay).

For people who have volunteered to provide free accommodation for health care workers, there is an option to accept or decline reservations, as well as the option withdraw from the program.

Airbnb has advised that people who choose to host a COVID-19 responder should inform their neighbours, to give them a chance to share their concerns or any considerations they may have. The company will also be working closely with local authorities and organisations, as rules surrounding emergency accommodation could vary depending on the country and state. 

<h2>AIRBNB IS AN EXAMPLE OF A COMMERCIAL BUSINESS PIVOTING THEIR STRATEGY TO SUPPORT THOSE IN NEED</h2>

First responders on the frontline of the pandemic are putting their lives at risk every day to ensure the health and safety of the citizens of their nations. It is great to see Airbnb and other accommodation services supporting those in need with initiatives that provide healthcare workers with safe and clean accommodation to help reduce stress during this uncertain period.
</body></html>

Airbnb plans to help house 100,000 COVID-19 responders

<html><body>
Airbnb's initial public offering details highlights the pandemic hit on bookings.
But its been a long-awaited filing for an initial public offering in the United States showed that revenue growth had been slowing before the coronavirus pandemic.
The company is reportedly planning to raise as much as $US3 billion in December. Reuters reported the company could get a valuation of more than $US30 billion.
Airbnb plans for its shares to trade on the Nasdaq under the symbol ABNB.
Airbnb's bookings bottomed in April, plummeting 72 per cent from the previous year.
By June, bookings were down 21 per cent year-over-year.
Trading in 100,000 cities, the filing states that 70 per cent of the company’s top 200 largest cities have some form of regulation on short-term rentals.
Airbnb had a net loss of $US697 million on revenue of $US2.5 billion for the nine-month period to September 30, compared with a net loss of $US323 million on revenue of $US3.7 billion for the same period last year, according to the filing.
The company's filing also confirmed its gross bookings for the nine months ended September 30 tumbled to $US18 billion, down close to 40 per cent on the same period last year.
Airbnb's offering will be led by Morgan Stanley and Goldman Sachs. 
</body></html>

jchancellor-FAypfDUnLy

Airbnb's initial public offering highlights the pandemic hit on bookings

<html><body>
Staying in an Airbnb in New South Wales has been declared an illegal act, Fairfax Media reported today.
But a spokesperson for the Minister for Better Regulation and Innovation Kevin Anderson said the reports that it is illegal to stay in short-term rental accommodation was incorrect. 
There is no ban on any kind of accommodation.
The NSW Government advice to prevent the spread of COVID-19 has been very clear.
As per the public health orders, people must stay home with the exception of a number of circumstances including work and to provide care.
The NSW Government acknowledges that in these circumstances the provision of short-term accommodation is often critical, particularly for our frontline health workers.
“It isn’t illegal for them to advertise the property but guests couldn’t get there without breaking the law,” one commentator advised.
 
</body></html>

jrobinson-rf4aSBido9

Airbnb not made illegal in NSW amid tighter COVID-19 regulations

<html><body>
EXPERT OBSERVER
 
Short-term rental platforms such as Airbnb are increasingly displacing hotels and holiday letting agencies as the go-to form of accommodation. The ease of booking it all in seconds on your smartphone adds to the appeal of renting a well-appointed flat in Noosaville, or having basil or turmeric on hand in the kitchen of your Katoomba house. With so many people using Airbnb and other short-term rental platforms in Australia, have you ever wondered just how many Airbnbs there are?
The answer is 346,581. Or at least that’s the number of unique properties listed at least once in Australia between July 2016 and February 2019 (the period for which we have a complete data set for the entire country), with a high of 147,655 listed in December 2018. According to research we presented at the recent <a href="http://soac2019.com.au/program-outline/" target="_blank">State of Australian Cities conference in Perth</a>, we estimate about 4% of the Australian housing stock is, or has been, used as an Airbnb.
The number of listings grew by an average of 2.43% a month over that period. If trends continue, we are likely to have set another record this past December.
<iframe style="border: none;" src="https://datawrapper.dwcdn.net/5qowC/4/" frameborder="0" width="100%" height="400"></iframe>
<hr>
Airbnb property listings generally peak in the summer. The exception is in the country’s north. There the peak is in June and July holidays as chilly temperatures in the southern states send visitors to warmer climes.
<h2>There’s something for everyone</h2>
Airbnb properties come in all shapes and sizes. Just over half (53%) of Airbnb properties can be classed as houses and 37% as apartments. The remaining 10% are considerably more diverse, and include 82 boats, 21 tipis, 26 yurts, 43 train cars and even two lighthouses. You can also book a private island on the Great Barrier Reef, or a treehouse at Cape Tribulation.
The latest available data indicate 74% of listings are for entire homes, 26% are for shared properties and 1% are for shared bedrooms.
<hr>
<iframe style="border: none;" src="https://datawrapper.dwcdn.net/642F4/2/" frameborder="0" width="100%" height="400"></iframe>
<hr>
Of the total listings, 5% are studios, while 40% have one bedroom, 25% have two bedrooms and the remaining listings have three or more.
The map below shows the sheer density of these listings nationwide. Click <a href="https://datawrapper.dwcdn.net/rAsWc/3/" target="_blank">here</a> to see a larger version of the interactive map (hover over dots to display the location – the larger the dot, the greater the number of listings).
<hr>
<iframe style="border: none;" src="https://datawrapper.dwcdn.net/rAsWc/5/" frameborder="0" width="100%" height="400"></iframe>
<hr>
One remarkable thing about Airbnb is how ubiquitous it has become. Of the 2,292 statistical units (<a href="https://www.abs.gov.au/websitedbs/D3310114.nsf/home/Australian+Statistical+Geography+Standard+(ASGS)">SA2</a>) in Australia, 2,226 had at least one listing. As of February 2019, the average SA2 area had on average 56 listings, but the numbers varied greatly between localities.
<hr>
<iframe style="border: none;" src="https://datawrapper.dwcdn.net/kUzNE/3/" frameborder="0" width="100%" height="400"></iframe>
<hr>
The most popular places for absolute number of listings generally fall into one of two categories. Inner cities, like central Melbourne and Sydney, attract visitors year-round.
Holiday destinations, such as the Gold Coast, Byron Bay and Mornington Peninsula, tend to have more seasonal patterns.
<h2>Too big for policymakers to ignore</h2>
A key concern about Airbnb is the degree to which it causes displacement in the conventional rental market and/or disrupts residential neighbourhoods (think of tourists wheeling luggage into your building’s foyer 24/7). While difficult to measure both of these, our data indicate there are basically two types of Airbnb “landlords”: professionals, whose properties are always available, and hobbyists, who are regarded as genuine participants in the so-called sharing economy.
The fact entire home listings have been growing at a faster rate than shared accommodation suggests short-term rentals have been professionalised over time. Increasingly, management companies rather than individuals are leasing properties full-time.
Short-term rental platforms such as Airbnb are unlikely to disappear overnight. Some hotel chains and booking sites have adapted their strategies accordingly by providing apartment-style living alongside conventional hotel rooms.
The sharing economy has expanded tremendously over the past decade. A recent Australian <a href="https://treasury.gov.au/sites/default/files/2019-03/Consultation-Paper-A-sharing-economy-reporting-regime-1.pdf">Treasury report</a> estimates nearly one in two Australians earned extra money from sharing economy services in the last six months of 2017. The impact on the economy totalled more than A$15 billion.
Policymakers increasingly need to consider the impacts of Airbnb and other sharing economy platforms. Understanding the complexity of all the pros and cons will be critical to making informed decisions.
 
<a href="https://theconversation.com/profiles/thomas-sigler-339478" target="_blank">Thomas Sigler</a>, Senior Lecturer in Human Geography, <a href="https://theconversation.com/institutions/the-university-of-queensland-805" target="_blank">The University of Queensland</a> and <a href="https://theconversation.com/profiles/radoslaw-panczak-914705" target="_blank">Radoslaw Panczak</a>, Postdoctoral Research Fellow, School of Earth and Environmental Sciences, <a href="https://theconversation.com/institutions/the-university-of-queensland-805" target="_blank">The University of Queensland</a>
This article is republished from <a href="http://theconversation.com" target="_blank">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/ever-wondered-how-many-airbnbs-australia-has-and-where-they-all-are-we-have-the-answers-129003" target="_blank">original article</a>.
</body></html>

Ever wondered how many Airbnbs Australia has and where they all are? We have the answers

<html><body>
GUEST OBSERVATION

A Victorian court decision that an Airbnb agreement had the status of a lease has profound implications for guests and hosts.

With summer holidays around the corner, many Victorians may be thinking about offering their homes through a home-share platform, such as Airbnb, while they get away themselves. Airbnb’s terms of service describe home-share arrangements as a “<a href="https://www.airbnb.com.au/terms" target="_blank">licence</a>”. Legally, a licence can be terminated at any time and a guest who does not leave is a trespasser.

However, in 2016 the <a href="https://www.propertyobserver.com.au/http://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2016/313" target="_blank">Victorian Supreme Court decided</a> home-share arrangements may constitute a lease. This decision indicates residential tenancy law may apply to all home-share arrangements where the host is away from the premises.

This would impose significant legal obligations on hosts, who would be regarded as landlords. Guests, if considered tenants, would have all the associated legal protections.

[smartcode_project:default project_id=8032]

For example, if a guest refuses to leave the premises, the host/landlord would have to follow the eviction process required by tenancy law. This has happened in <a href="https://www.businessinsider.com/airbnb-host-cant-get-squatter-to-leave-2014-7/commerce-on-business-insider/?r=AU&amp;IR=T" target="_blank">California</a>. Australian courts will eventually have to decide this issue.

How did the court arrive at its decision?

The court’s decision involved a tenant who offered the premises to guests on Airbnb. The court decided the tenant had breached the terms of the lease by subletting the premises. The tenant was evicted, as tenants cannot sublet without the landlord’s consent under <a href="http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/rta1997207/s81" target="_blank">tenancy law</a>.

The court focused on the relationship between the tenant and the guest and determined that the host had given “exclusive possession” of the premises to guests. In Victorian tenancy law, exclusive possession is required to create a lease.

The court said it did not matter that each guest’s stay was only a few days, or that the Airbnb terms described the arrangement as a “licence” rather than a lease.

Although the court’s decision applied to tenants in this case, logically the decision applies to all whole-of-premises home-share arrangements, including where the host owns the premises. This is because the legal test for creating a lease is the same as that for creating a sublease.

The decision is controversial because home sharing on Airbnb is similar to boarding arrangements (where the host provides accommodation and services such as cleaning), hotel rooms and serviced apartments. These arrangements are usually regarded as a licence, not a lease. This is because the host has access to the property during the guest’s stay (for example, to do cleaning), so exclusive possession is not given to the guest.

In fact, Airbnb arrangements are unlike typical tenancy agreements. They specify check-in and check-out times, furniture, linen and towels are usually provided, and “house rules” (for example, on noise levels and smoking) may restrict the guest’s use of the premises.

In addition, Victorian residential tenancy laws <a href="http://www5.austlii.edu.au/au/legis/vic/consol_act/rta1997207/s10" target="_blank">do not apply to premises ordinarily used for holidays</a>. Potentially, this could exclude premises used for home sharing.

The situation may be different in other Australian states and territories, which, unlike Victoria, exclude from residential tenancies legislation agreements for the purpose of a holiday. However, not all home sharing is done for holiday purposes. For example, it’s also used for travel for business.

Legal uncertainty remains

The court’s decision means tenants who provide rented premises on Airbnb without the landlord’s consent may breach their own tenancy agreement and be evicted. However, the court stated that the particular circumstances of each case must be examined.

For example, hosts who provide only part of the premises (such as a bedroom and shared used of a kitchen) but who continue to reside in the premises will not be subletting. This is because they have not provided exclusive use of the premises.

However, if the host is away from the premises, then residential tenancy law may regulate home-share arrangements. This would give guests (now considered a tenant) stronger legal protections, including protection from eviction. The decision shows a court can ignore the description of the arrangement in an agreement if it determines exclusive possession has been provided.

Airbnb provides support to hosts and guests in the case of a dispute over a stay. It also provides compensation to hosts (akin to insurance) if guests damage the property or cause the host financial loss. However, if a host is found to have obligations under residential tenancy law, these obligations belong to the host/landlord, not to Airbnb.

The contentious aspect of the Supreme Court’s decision is its treatment of short-term hotel-like accommodation as a lease. However, it strongly suggests that <a href="https://www.propertyobserver.com.au/http://classic.austlii.edu.au/au/journals/AdelLawRw/2018/10">residential tenancy law may regulate</a> whole-of-premises home-share arrangements. That’s likely to come as a shock to Airbnb hosts - owners and renters alike.<img alt="The Conversation" height="1" src="https://counter.theconversation.com/content/128051/count.gif?distributor=republish-lightbox-basic" style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important; text-shadow: none !important;" width="1">

<a href="https://theconversation.com/profiles/bill-john-swannie-161231">Bill John Swannie</a>, Lecturer in College of Law and Justice, <a href="http://theconversation.com/institutions/victoria-university-1175">Victoria University</a> and <a href="https://theconversation.com/profiles/chris-martin-203935">Chris Martin</a>, Research Fellow, City Futures Research Centre, <a href="http://theconversation.com/institutions/unsw-1414">UNSW</a>

This article is republished from <a href="http://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/your-airbnb-guest-could-be-a-tenant-until-the-law-is-cleared-up-hosts-are-in-limbo-128051">original article</a>.
</body></html>

j.ballantyne1990-6AQqhLzZaK

Airbnb guests could be tenants: Until the law is clear hosts are in limbo

<html><body>
Hometime, Airbnb’s leading property management partner in the APAC region, has raised a further $6.7 million on top of a recent $6 million funding round completed in May 2019.
The round includes NAB Ventures, backed by one of Australia’s largest banks.
In addition, Hometime has completed two more acquisitions in the most recent quarter - Host My Home in Cairns and bnbpal in Melbourne.
NAB Ventures and AS1 Growth Partners said Hometime’s rapid expansion combined with its scalable business model in a high growth sector attracted them to the company.
Further, a strategic alignment between National Australia Bank and Hometime businesses could see NAB’s retail customers access Hometime’s services to build alternative income streams for their investment properties.
Co-Founder &amp; COO of Hometime, William Crock, said Hometime will use the additional funds to rapidly accelerate growth through acquisition and market expansion - both in Australia and internationally.
Mr Crock said, “the global short stay property rental market will approach US$115 billion in 2019 compared to approximately US$40 billion in 2010 representing an average annualised growth of 13%. As the largest and fastest growing operator in Australia we plan to capitalise on these tailwinds and drive further growth over the coming years as the market matures and consolidates."
“Hometime now supports home owners in nine cities across Australia and New Zealand with many more on the horizon," he added.
</body></html>

Australian Airbnb property management startup Hometime raised another $6.7 million

<html><body>
The ATO are set to seize the personal finance data of more than 200,000 Airbnb homeowners in an attempt to crackdown on tax avoidance.
"Airbnb is currently under legal notice by the Australian Taxation Office to share information concerning your hosting activity from the period from 1 January to 30 June 2019," an email sent out to Australian members of Airbnb.
The move comes after the ATO suggested they believe there are a number of people not reporting their income. 
“We believe some people using sharing-economy platforms are failing to report their income, ­either on purpose or because they assume their level of activity constitutes a hobby and doesn’t require reporting,” the ATO advised.
“We also seek to identify taxpayers who use sharing-economy rental platforms as a way to disguise their property as being genuinely available for rent by listing the property but not responding to enquiries.”
Names, addresses and emails are all expected to be given to the ATO, as well as personal finance such as online banking, payments, booking dates and gross income.
The information gathered will start from the financial years 2016-17 and run to the current financial year.
Airbnb have recently announced the <a href="https://www.urban.com.au/news/102671-airbnb-short-term-rental-rules-in-new-south-wales-get-closer" target="_blank">new draft rules for their hosts and guests</a> which includes an online list of banned members, as well as a three strikes and you're banned policy.
 
</body></html>

Airbnb to hand over letting details to ATO

<html><body>
The New South Wales government have released the draft code for the Short-term Rental Accomodation (STRA) industry.
"Compliance with this code is mandatory for all short-term rental accommodation industry participants," the code reads.
One of the biggest changes will be an exclusion register, publicly available online which will list banned hosts and guests.
The bans, that last five years, will be administered on a strike process.
Two strikes in a two year period will put the guest or host on the register.
The commissioner for Fair Trading in the NSW Department of Customer Service is tasked with administering the code.
The STRA industry is estimated to be worth $16 billion to the NSW economy, nearly half of the  $31.3 billion national worth. 
The 16 page draft code put forward four objectives of the new regulations.
<div class="page" title="Page 3">
<div class="layoutArea">
<div class="column"><ol>
<li>
set out the rights and obligations of short-term rental accommodation industry participants
</li>
<li>
provide for resolution of disputes and complaints concerning the conduct of short-term rental accommodation industry participants
</li>
<li>
outline the compliance and enforcement approach that applies for contraventions of the code by short-term rental accommodation industry participants
</li>
<li>
facilitate the oversight of the short-term rental accommodation industry.
</li>
</ol></div>
</div>
</div>
Greg Channer, managing director of Wollongong holiday home property manager <a href="https://www.emeraldaqua.com.au/" target="_blank">Emerald &amp; Aqua</a>, said the company welcome the draft code for the Short-term Rental Accomodation (STRA), having been engaged in the review process which began in 2015.
​“The short term rental accommodation is a key driver of tourism in rural and regional NSW and clearly the impacts on residents amenity resulting from inconsiderate or anti-social behaviour by some short-term rental guests needs to be addressed," Channer said.
"The industry is being held accountable for poor guests’ behaviour, it's these few guests and the culture of party houses that needs addressing. “
Channer suggested the current draft code does not go far enough to protect the amenity of neighbours and residents.
"Booking platforms need to take a greater responsibility for unreasonable disturbance, remove ‘Instant Booking’ features and ensure property managers speak with each guest prior to accepting their booking request and qualify the reason and nature of their stay.”
<div class="page" title="Page 2">
<div class="section">
<div class="layoutArea">
<div class="column">
Channer estimates the STRA industry in the Illawarra generates around $3.7 million a year to the local economy directly to the area's cafes, restaurants and tour operators.
</div>
</div>
</div>
</div>
 
 
</body></html>

NSW release draft code of conduct for short term rental accomodation

<html><body>
Regulation is coming for the short-term rental accommodation (STRA) industry in NSW, but not before further discussion on how it should work for residential dwellings.
The advent of online accommodation booking platforms has seen the national industry estimated to be worth $31 billion nationally in 2016, with NSW’s share about half of that figure, with short term rentals benefiting the economy and providing income for property owners.
But the shift away from hotels, motels and the traditional bed and breakfast establishments has caused problems for communities. 
At present, STRA is regulated differently in different local government areas across NSW, undermining certainty for hosts and communities.
The new schemes is a long time coming, following a parliamentary inquiry in 2015-16 and an options paper in 2017. 
In June 2018, the NSW Government announced a state-wide planning code permitting the use of dwellings under certain conditions, including limits on the days the rental can take place.
The NSW Parliament passed the Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 in August 2018.
There will be a mandatory code of conduct that will apply to online booking platforms, letting agents, hosts and guests.
It was proposed that strata schemes can adopt a by-law that prohibits STRA where the property is not a host’s principal place of residence. 
Any such by-law will need to be adopted by special resolution, with 75% of votes supporting the proposal at a general meeting.
There will be ‘exempt’ and ‘complying’ approval pathways that enable a limit on the number of days possible depending whether the host is present and where the host is not present.
The policy seeks state-wide consistency in the definition and permissibility of STRA, although it will allow regional councils to nominate different day limits for un-hosted rentals,
These council include locations with many coastal location such as in Clarence Valley Shire around Angorie, Yamba and Iluka. Ditto Muswellbrook Shire around Denman and Sandy Hollow. There's also special rules around Lake Macquarie and Ballina Shire.
The presiding departments, the Department of Planning, Industry and Environment (DPIE) and Department of Customer Service (DCS)  are now seeking further feedback from the NSW public on the government's proposal.
There are going to be rules that ban hosts and guests in certain circumstances mostly regarding anti-social behaviour. The decision will come from the commissioner who will maintain a registry publicly available on the internet.
The rules require booking platforms and letting agents to keep the full particulars of each accommodation arrangement for five years.
Feedback is sought on matters including the process for registering a property; the information required to be included on the register; who gets access to information on the register and the costs associated with establishing and managing the register.
Given the time that industry may need to develop and establish the register, the regulatory framework won't commence until 2020, although there is some prospect of a staged implementation towards the end of 2019.
The closing date for submissions is September 11. Making a submission at www.planningportal.nsw.gov.au/exhibition/have-your-say-short-term-rental-accommodation-reforms or mail to: Director, Housing Policy NSW Department of Planning, Industry and Environment GPO Box 39, Sydney NSW 2001.
Meanwhile the government has convened an advisory committee which includes stakeholders including Airbnb; Home Away/Stayz; Property Owners Association New South Wales, Destination New South Wales and the Tenants’ Union of New South Wales.
This article first appeared in The Daily Telegraph. 
</body></html>

Airbnb

Editor's Picks

Have something to contribute?

Developments

New apartments

New townhouses

News

Airbnb

Editor's Picks

Receive the latest news stories to your inbox

Have something to contribute?

Developments

New apartments

New townhouses

News