How do you get Approval for Airbnb in your Unit?

There has been a lot of contention over Airbnb and similar type letting arrangements within Strata Schemes.  The recent Parliamentary Inquiry into the Adequacy of Regulation for Short Term Holiday Letting which rejected calls to ban Airbnb within strata schemes, has not been challenged by the NSW Government in its recent preliminary responses to the Inquiry.

If you want to list your unit on Airbnb or other similar short term letting websites, you can achieve this by:

  • Checking the validity of by-laws in force for your strata scheme.  There may be by-laws inappropriately prohibiting or regulating the operation of short term letting services from your unit.
  • Checking your local environmental planning instruments, as each Council has different requirements.
  • If planning approval from either Council or a Private Certifier is required, prepare and lodge the application.
  • In some instances, you will need the consent of the owners corporation before a development application can be determined by Council.
  • Conditions may be imposed by Council and upgrades to services within your lot and/or the common property may be required i.e. fire services, disability services, etc.
  • If common property upgrades are required the owners corporation will need to approve any works to common property.
  • If the owners corporation unreasonably refuses to grant consent to the development application, or upgrade to the common property, or has an invalid by-law you may have grounds to apply to the NSW Civil and Administrative Tribunal for orders to assist.

If you need help with the interpretation of any planning instruments, the lodgement of a development application, the interpretation of a by-law or the conduct of NCAT proceedings we are able to assist.

Related Articles:

Airbnb - Is Your Strata Building Becoming a Party Hotel?

What can an Owners Corporation do to Regulate or Prohibit Airbnb?

 

***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.

 

Prepared by Bannermans Lawyers

Updated 13 June 2017

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For more information on this topic or any legal enquiries please contact your Strata Team.

 

 

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