Learn about common Airbnb myths and frequently asked questions around regulatory requirements for Australian Airbnb hosts with the Airbnb management team at Oasis Stay.
Know the Rules Before You Host
Australia’s short-stay accommodation landscape is always in a state of change, both in terms of its market and its legal requirements.
State governments, local councils, strata schemes and body corporates all have a role to play in determining how a property can be used for short stays. Registration requirements, planning controls, night limits, levies and other obligations can also change over time.
The important thing to understand is that there is no single set of Airbnb rules that applies everywhere in Australia, and successful hosting starts with understanding the requirements that apply to your property and the area in which it is located.
A property in Brisbane may be subject to different requirements from a property in the Whitsundays, even though both are in Queensland. The same applies across NSW, Victoria, Western Australia and the other states and territories.
At Oasis Stay, we believe understanding the local requirements is an important part of managing a successful short-stay property.
Myth: Airbnb Rules Are the Same Across Australia
The reality is that the rules depend on where your property is located.
Australia does not have one national short-stay accommodation framework covering every property.
Instead, owners may need to consider a combination of:
- State or territory legislation
- Local council planning requirements
- Registration requirements
- Night limits
- Fire and safety requirements
- Strata or owners corporation by-laws
- Body corporate requirements
- State or local taxes and levies
- Insurance requirements
The rules can also change as governments introduce new measures.
That is why advice based on a property in another city, suburb or state may not apply to your property.
Why Your Property’s Location Matters
The address of your property is one of the first things to establish before deciding whether short-stay accommodation is suitable.
Local councils can have their own planning schemes and requirements, while state governments can impose additional rules that apply across a wider area.
NSW provides a good example. Non-hosted short-stay accommodation is subject to annual day limits in Greater Sydney and certain other areas, while most of Byron Shire is subject to a separate 60-day limit. Some specific areas have different arrangements. (NSW Government)
Queensland takes a different approach, with requirements that can vary between local government areas.
This means there is no reliable one-size-fits-all answer to whether a property can be used for Airbnb.
The exact property, council area and type of accommodation all matter.
Myth: Calling Your Property a Holiday Home Changes the Tax Rules
The reality is that tax treatment depends on how the property is used.
The Australian Taxation Office has specific guidance around rental properties, private use and properties that are made available for rent.
If you use a property yourself, rent it to family or friends for less than market value, or only make it available for rent during certain periods, the amount you can claim may be affected.
The tax treatment can also depend on how the property is genuinely made available for income-producing purposes.
These rules are separate from Airbnb’s platform requirements and from local short-stay regulations.
Oasis Stay can help with the operational side of your property, but tax advice should always come from your accountant or registered tax professional.
Myth: Every Airbnb Booking Is Treated Like a Residential Tenancy
The reality is that short-stay accommodation and residential tenancy arrangements are governed by different rules, although the distinction depends on the circumstances and the relevant state legislation.
A genuine holiday or short-stay booking is not automatically treated in the same way as a standard residential tenancy.
However, owners should be careful when offering longer stays or arrangements that may resemble a conventional rental agreement.
The length and purpose of the arrangement can matter, as can the legislation in the state where the property is located.
If you are considering longer-term bookings, it is worth checking the relevant rules before accepting the reservation.
Myth: A Body Corporate or Owners Corporation Can’t Restrict Airbnb Usage
The reality is that building rules can affect your ability to offer short stays.
Owners corporations and body corporates can have rules that affect how individual properties may be used.
In Victoria, for example, an owners corporation can pass a special resolution to prohibit short-stay accommodation in certain circumstances, subject to protections relating to a principal place of residence. (Consumer Affairs Victoria)
NSW strata schemes can also have by-laws dealing with short-term rental accommodation.
The position is different in other states.
For apartments and other properties within a community title, strata or body corporate scheme, reviewing the current by-laws is an important step before committing to a short-stay strategy.
Myth: Airbnb Hosting Is Not Monitored
The reality is that short-stay accommodation is becoming increasingly regulated.
Several states now have registration systems or other measures designed to improve oversight of short-stay accommodation.
Western Australia, for example, requires short-term rental accommodation properties to be registered under its state STRA framework. (WA Government)
NSW also operates a statewide STRA Register. (NSW Government)
The information required, the registration process and the consequences of non-compliance vary between jurisdictions.
For owners, the practical takeaway is simple: short-stay accommodation can be subject to planning, registration, safety and other regulatory requirements depending on the property and location. It is important to check the requirements that apply before listing.
Short-Stay Rules Across Australia
The Australian short-stay landscape can be difficult to summarise because the requirements are not consistent between states and can also vary locally.
Here is a simple overview of some of the key differences.
Note: Regulations can change and requirements vary by property. This page provides general information only and is not legal, planning, tax or financial advice. Before listing a property, owners should confirm the current requirements with the relevant government authority, local council, owners corporation or body corporate and their professional advisers.
New South Wales
Registration: NSW operates a statewide STRA Register. A $65 registration fee applies to new registrations, with a $25 annual renewal fee.
Night limits: Non-hosted STRA is generally limited to 180 days per year in Greater Sydney and certain other areas. Most of Byron Shire has a 60-day annual limit, with specific areas subject to different arrangements.
Other considerations: Safety requirements, strata by-laws and local requirements may also apply.
Victoria
Registration: Requirements depend on the circumstances and type of accommodation.
Night limits: There is no statewide annual night cap for short-stay accommodation.
Levy: A 7.5% short-stay levy applies to eligible stays of less than 28 consecutive days. (State Revenue Office Victoria)
Other considerations: Owners corporation rules and local planning requirements can affect individual properties.
Queensland
Registration: There is no single statewide STRA registration system equivalent to NSW or WA.
Night limits: There is no single statewide annual cap applying to all short-stay properties.
Other considerations: Planning requirements are largely determined through local government planning schemes and can vary significantly between councils.
This means a property in Brisbane may have different requirements from one on the Gold Coast, in Noosa or in the Whitsundays.
Western Australia
Registration: STRA properties are required to be registered under the WA STRA framework.
Planning requirements: Eligible unhosted STRA in Perth metropolitan areas can generally operate for up to 90 nights within a 12-month period without development approval. Development approval is generally required to operate beyond the 90-night exemption.
Other considerations: Local planning requirements and registration conditions also need to be considered. (WA Government)
Australian Capital Territory
Levy: A 5% short-term rental accommodation levy currently applies to eligible bookings of not more than 28 continuous days made through a booking service. The rate is scheduled to increase to 7.5% from 1 July 2027.
Other requirements: ACT planning and accommodation requirements may also apply depending on the property and how it is used. Owners should confirm the current requirements for their property before listing.
A Quick State-by-State Snapshot
Short-stay requirements vary from one state to another, and local rules can also apply. Here is a quick overview of some of the key differences.
New South Wales
- Registration: State STRA Register
- Night limits: Non-hosted STRA is generally subject to a 180-day annual limit in Greater Sydney and certain other areas
- Byron Shire: Most of the area is subject to a 60-day annual limit, with some specific areas treated differently
- Other considerations: Safety, planning and strata requirements may apply
Victoria
- Short-stay levy: 7.5% for eligible stays of less than 28 consecutive days
- Night limits: No statewide annual night cap
- Other considerations: Owners corporation and local planning requirements may apply
Queensland
- Night limits: No single statewide annual cap
- Local requirements: Rules can vary between local government areas
- Other considerations: Local planning schemes and council requirements are particularly important
Western Australia
- Registration: Statewide STRA registration framework
- Planning: Eligible unhosted STRA in Perth metropolitan areas can generally operate for up to 90 nights within a 12-month period without development approval
- Other considerations: Development approval and other local requirements may apply depending on the property and how it is used
Australian Capital Territory
- Short-stay levy: A 5% levy currently applies to eligible bookings of not more than 28 continuous days made through a booking service
- Other considerations: ACT planning and accommodation requirements may apply depending on the property and how it is used
Please note: This is a general guide only and is not legal, planning, tax or financial advice. Short-stay regulations, council requirements and building rules can change. Requirements can also vary between properties within the same area. Always confirm the current requirements for your specific property with the relevant government authority, local council, owners corporation or body corporate and your professional advisers.
What Should You Check Before Listing?
Before turning a property into a short-stay accommodation, there are several things worth confirming.
1. Check the Local Planning Rules
Start with the council responsible for the property.
Look for information about short-term rental accommodation, holiday letting, visitor accommodation and planning approvals.
2. Check State Registration Requirements
Some states operate registration systems while others rely more heavily on local planning controls.
Make sure you understand whether registration is required before advertising or accepting bookings.
3. Review Building Rules
If the property is part of a strata scheme, owners corporation or body corporate, check the current by-laws and any relevant resolutions.
4. Understand Applicable Limits
Some areas have annual night limits or other restrictions.
If a cap applies, your pricing and revenue expectations need to take that limitation into account.
5. Check Safety Requirements
Short-stay properties may need to meet particular smoke alarm, evacuation, fire safety or other property standards.
The requirements vary depending on the property and jurisdiction.
6. Review Your Insurance
Your insurer should know that the property is being used for short-stay accommodation.
Do not assume that a standard residential policy provides the cover you need.
7. Speak With Your Accountant
Rental income, expenses, private use and other circumstances can affect your tax position.
Your accountant can advise you based on your individual circumstances.
How Oasis Stay Helps
Understanding the rules is only one part of running a successful short-stay property.
There is also pricing, listing management, guest communication, cleaning, maintenance, reviews and the everyday coordination that comes with having people stay in your property.
That’s where Oasis Stay comes in.
We take care of the day-to-day management of your short-stay property, helping you deliver a consistent guest experience while keeping the operational side of hosting off your plate.
Professional Listing Management
We create and manage your property listings across the relevant booking platforms, with professional presentation and ongoing optimisation.
Dynamic Pricing
Short-stay pricing needs to respond to demand, seasonality, local events and market conditions.
Our team manages pricing with the aim of making the most of available booking opportunities while keeping your property competitive.
Guest Communication
From the initial enquiry through to check-out, our team manages guest communication and helps keep the booking experience running smoothly.
Cleaning & Property Care
We coordinate cleaning, linen and property preparation between stays and help arrange maintenance when something needs attention.
Owner Reporting
You have visibility over your property and its performance, with reporting designed to make the numbers easy to understand.
Frequently Asked Questions
Do I need permission to run an Airbnb?
It depends on the property.
Some properties may require registration, planning approval or compliance with specific local requirements, while others may have fewer formal requirements.
The relevant state, territory and local council rules should be checked before listing.
Does Airbnb take care of my legal requirements?
Not necessarily.
Airbnb may have its own platform requirements and may collect or report certain information where required, but this does not mean every planning, registration, tax, insurance or building requirement has automatically been dealt with.
Property owners remain responsible for understanding the obligations that apply to their property.
Do I need to register my Airbnb?
It depends on where you are located.
NSW and WA both have state registration frameworks for short-stay accommodation, while other jurisdictions take different approaches. Local councils may also have their own requirements.
Can my council stop me from Airbnb hosting?
Local planning rules can affect whether and how short-stay accommodation can operate.
The answer depends on the council area, property type, planning controls and any applicable approvals.
Can my body corporate stop me from Airbnb hosting?
It can depend on the relevant legislation and the rules applying to your building.
If your property is part of a body corporate, owners corporation or strata scheme, check the current by-laws before listing.
Is there a limit on how many nights I can rent my property?
In some locations, yes.
For example, NSW has annual limits for certain non-hosted STRA properties, while WA has specific planning thresholds for certain unhosted properties in Perth.
Other areas have different arrangements.
What is the Victorian short-stay levy?
Victoria introduced a 7.5% short-stay levy for eligible stays of less than 28 consecutive days.
The levy applies to the total booking fee as defined under the Victorian legislation. Platforms can collect and pay the levy for bookings made through them, while different obligations can apply to direct bookings. (State Revenue Office Victoria)
Can I use my Airbnb property myself?
Private use may be possible, but it can affect the property’s financial and tax position.
If you intend to use the property personally for part of the year, speak with your accountant about how that may affect your deductions and record keeping.
What happens if I exceed a night limit?
The consequences depend on the rules applying to your property.
There may be compliance or enforcement consequences, which is why it is important to monitor bookings where an annual limit applies.
Do I need special insurance for Airbnb?
You should tell your insurer how the property will be used and confirm that your policy provides appropriate cover for short-stay accommodation.
Can Oasis Stay help me understand the requirements for my property?
Oasis Stay can help identify the practical requirements that should be considered when setting up and managing a short-stay property.
We can assist with the operational side of hosting, but we do not provide legal, planning, tax or insurance advice. Where specialist advice is required, we recommend speaking with the relevant government authority or a qualified professional.
Short-Stay Management Without the Guesswork
Short-stay accommodation has become more regulated, but that does not mean hosting needs to become complicated.
The key is understanding what applies to your property and having the right systems in place to manage the day-to-day operation.
At Oasis Stay, we look after the practical side of short-stay management, from listing and pricing through to guest communication, cleaning, maintenance and owner reporting.
Whether you’re considering Airbnb for the first time or you’re already hosting and want a more hands-off approach, our team can help you understand what professional management could look like for your property.
Ready to Explore Short-Stay Management?
Find out how Oasis Stay could manage your property and take the day-to-day work off your hands.
Speak with the Oasis Stay team today.
