Cook Government's STRA reforms taking effect through planning scheme approvals and upcoming register

• Two local planning schemes now include short-term rental accommodation provisions
• Town of Victoria Park and Shire of Derby-West Kimberley schemes first to embed new regulations to manage short-term rental properties 
• Local government consultation informed new planning definitions and exemptions 
• Reminder to register STRA properties as part of mandatory register

Following introduction of new local planning regulations by the Cook Government to support a fairer and better managed Short-Term Rental Accommodation (STRA) sector across WA, the first two local planning schemes to include the new STRA provisions have been approved.

The new Town of Victoria Park Local Planning Scheme No.2 and Shire of Derby-West Kimberley Local Planning Scheme No.9 incorporate provisions for a new land use classification under which landowners must lodge development applications specifically for unhosted short-term rental accommodation use.

These two schemes incorporate provisions for a new land use classification under which landowners mustlodge development applications specifically for unhosted short-term rental accommodation use, and in the majority of cases, will be required to undergo a period of public consultation and advertising prior to determination.

The Shire of Derby West-Kimberely Local Planning Scheme No. 9 was gazetted on 5 December 2024 with its STRA provisions now operational. Similar provisions forming part of the Town of Victoria Park Local Planning Scheme No.2 are expected to be gazetted next week.

Changes to the Planning and Development (Local Planning Schemes) Regulations 2015 introduced in September provide a consistent set of rules for hosted STRA properties – where the host lives onsite – and unhosted properties, where guests have exclusive use of the accommodation. The changes were finalised through consultation with local governments and other key stakeholders.

To ensure common terminology across the State, local governments are required to amend their planning schemes to reflect new land use definitions for STRA.

Critically, all metropolitan local governments will be required to amend their planning schemes to include the requirement for a development approval for unhosted STRA by mid-next year.

Regional local governments retain flexibility to determine planning approval requirements for unhosted STRA based on local housing and tourism conditions.

Where a local government amends its scheme, development approvals for unhosted STRA will need to be in place by 1 January 2026. STRA owners and operators should contact their local government about the new planning regulations to ascertain any approval requirements.

The planning changes supplement the State-wide STRA Register, launched in July 2024, which will become mandatory for all STRA in Western Australia from 1 January 2025.

Registering a STRA property will also become mandatory by 1 January 2025. So far, 8,427 properties have been added to the register.

The STRA register is designed to provide accurate data for local governments and be a useful tool for local residents and people using STRA.

Additional information on the changes can be found on Planning Online - Short-Term Rental Accommodation Planning Regulations

Comments attributed to Planning Minister John Carey:

"The regulations replicate other STRA reform measures to not only ensure a fair and consistent STRA sector but also bolster housing supply across Western Australia.

"These reforms provide clarity, transparency and certainty on how short-term rental accommodation is defined and where it may be permitted in Western Australia's communities.

"This will open up longer-term rental opportunities for property owners and more housing stock to the rental market.

"These new planning schemes follow the Short-Term Rental Accommodation Act 2024, which was passed by Parliament earlier this year to improve how the sector is managed."

Comments attributed to Commerce Minister Sue Ellery:

"Our STRA reforms are ensuring communities, users and authorities have a clear understanding of the sector.

"If you haven't done so yet, now is the time to register your STRA property, which will be mandatory from 1 January 2025.

"The Cook Government has also recently extended the $10,000 STRA Incentive Scheme for owners of short-term rental where more than 350 properties have been returned to the long-term rental market."