Is Airbnb legal in Byron Bay?

Byron Bay has instituted specific regulations regarding short-term rental accommodation (STRA), often known as holiday letting, with new rules aimed at balancing tourism and local housing needs. Here are the key aspects of the current regulations:

1. Types of Rentals:

   • Hosted STRA: This type of rental occurs when the host resides on the premises during the guests' stay, with no limitations on the number of days.
   • Non-hosted STRA: Here, the host does not stay on the property during guest rentals. Starting September 23, 2024, non-hosted STRA will be limited to a maximum of 60 days per year across most of Byron Shire.

2. Exemptions: In particular areas of Byron Bay and Brunswick Heads, non-hosted STRA will be permitted for up to 365 days a year, making these high-tourist zones more flexible for vacation rentals.

3. Mandatory Registration: All short-term rentals must be registered on the New South Wales Government's STRA Register, requiring documentation such as proof of ownership, compliance with fire safety standards, and a local government rates notice. A unique Premises ID issued upon registration must be displayed on any promotional materials.

4. Compliance and Code of Conduct: Hosts are expected to adhere to a mandatory Code of Conduct that governs behavior and standards in the short-term rental industry. They must also align with local regulations like noise restrictions and waste management rules.

5. Non-compliance Penalties: The Byron Shire Council is known for strictly enforcing these regulations. Properties operating without the required registration or surpassing the allowed rental days may face significant fines.

6. Housing Crisis Response: The stricter regulations, particularly the 60-day cap on non-hosted rentals, aim to address Byron's housing crisis by encouraging owners to re-enter properties into the long-term rental market.

In summary, the regulatory environment surrounding short-term rentals in Byron Bay signifies a growing effort to balance the local economy of tourism with the pressing need for affordable housing. Prospective hosts should stay informed and compliant to navigate these changes effectively.