When it comes to holiday rental legal requirements in NSW, things can get complicated quickly.
Owning a holiday home is often a fantastic investment, giving you your own escape from the city while also providing the opportunity for a healthy stream of extra income.
However, with that opportunity comes responsibility. It is important to understand the legal requirements so you can protect yourself, your guests, and your property.
This guide walks you through the key things to consider in New South Wales. It is general information only and not legal advice, so always check current NSW legislation or speak with a qualified professional if you are unsure.
Short-Term Rental Accommodation (STRA) Requirements in NSW
In NSW, holiday rentals fall under the Short-Term Rental Accommodation (STRA) framework. If you are offering a house, unit, or similar dwelling as a short-term rental, you must:
✦ Register the property on the NSW Government STRA Register via the NSW Planning Portal
✦ Display the STRA Property ID on all online listings
✦ Ensure the dwelling meets the STRA Fire Safety Standard
✦ Comply with the mandatory STRA Code of Conduct
✦ Observe any annual day caps that apply to non-hosted STRA in your local council area
Consumer Law and Fair Trading Obligations
Holiday rental owners must also comply with Australian Consumer Law and Fair Trading legislation. In practice, this means you must not make any false or misleading statements about your property or the services you provide.
For example:
✦ Photos should accurately reflect the current condition and layout of the property
✦ Fees, such as cleaning charges or pet fees, should be clearly disclosed
✦ House rules and restrictions must be stated before guests book
✦ Any claims, such as “lake views” or “air conditioning in all bedrooms”, must be truthful