The Department of Planning and Environment has released an ‘Explanation of Intended Effects” explaining how it plans to implement the government’s commitment to a 180-day limit on short term letting in Sydney homes.

The document proposes to add a new type of use in the standard LEP called “short term rental accommodation” that will apply to short term letting in residential homes all year round when the host is present and up to 180 days a year when they are not. The Code SEPP would be updated to make short term rental accommodation exempt development and therefore not require a DA provided a number of fire safety measures are met and overcrowding is excluded. Homes let out on a short term basis for more than 180 days a year would need to get planning approval for a change of use to tourism and visitor accommodation. Homes outside of Sydney and in bush fire prone regions will be subject to different rules.

I am concerned that no new enforcement powers are being proposed when councils have struggled to enforce existing outright bans and it will be more difficult to prove use beyond 180 days. I maintain that a mandatory registration system of all homes let on a short term basis is the only way to ensure compliance. Comments are due 16 November: HERE