Planning and registration changes
The State Government is progressing initiatives to improve regulation around the Short-Term Rental Accommodation (STRA) sector.
The below information outlines the changes that will take effect in 2024 with the introduction of the new legislation requiring registration of STRA properties.
The changes will provide certainty and consistency across the sector and clarity on when planning (development) approval is required to operate a STRA property.
What is STRA?
Short-Term Rental Accommodation (STRA) refers to the practice of renting out a property (or part of a property) for a relatively short period of time, usually on a nightly or weekly basis.
This type of accommodation is usually booked through online platforms and is popular among travellers and visitors seeking temporary lodging for holidays, business trips or other short stays.
STRA can include types of properties that have not been developed for traditional accommodation purposes (e.g., hotels) and can include apartments, houses or even individual rooms within a host’s residence.
STRA properties are either hosted – where the host lives onsite, or un-hosted – where guests have exclusive use of an entire house, unit or apartment.
What do the changes mean for STRA operators?
Broadly speaking, the changes will ensure a more consistent set of rules for STRA properties across Western Australia, while supporting the role of STRA in regional areas.
Up until now, local governments have set their own requirements on whether approvals are required to establish STRA, as well as enforcement matters.
The proposed changes to planning regulations will provide greater consistency across the State in relation to what approvals are needed (if any) for STRA proposals, as well as how these uses are defined in local (town) planning schemes.
Importantly, the changes do not introduce a cap on the number of nights a property can be leased on the short-term market.
Along with a new registration scheme, the changes will provide important data for both local and State government to inform strategic planning for housing, development and tourism opportunities.
STRA Register
The STRA Register will collect information on the short-term rental accommodation sector to assist the State Government to make more informed policy and regulatory decisions.
The register will also provide information to the community about what STRA exists in an area.
The register will open on 1 July 2024 with all STRA required to be registered by 1 January 2025. Please check with your LGA as soon as possible to confirm if your local government currently requires development approval for the operation of a STRA (a holiday home) as you will be unable to register when it opens on 1 July 2024 until you have development approval. If your local government introduces a requirement for a development approval for operation of a STRA after 1 July 2024 you will need to update your registration as soon as you receive development approval. The final date to advise us of a Development Approval, before action will be taken to remove you from the STRA Register is 1 January 2026.You must register your STRA property regardless of whether:
- guests stay in your property with you (hosted) or stay by themselves (un-hosted).
- the property requires development approval.
- the property is currently exempt from planning approval (via a development application).
What do the changes mean for tourism and STRA?
A new planning policy, Position Statement: Planning for Tourism and Short-Term Rental Accommodation and associated guidelines provide guidance on how to better manage the land use impacts of tourism and STRA activities — particularly in residential areas.
A property can be operated as a short-term rental year-round, provided it has obtained the required planning approvals and is registered.
Key changes to Western Australia’s planning framework include:
- state-wide planning exemptions for hosted STRA;
- new planning exemptions for un-hosted STRA within the Perth metropolitan area;
- regional local governments (including Peel) to implement planning rules to suit the needs of their communities; and
- new and revised definitions to be introduced into all local government planning schemes which deal with STRA and tourism land uses.
To implement the changes, current planning regulations will need to be updated and local planning schemes amended. These changes will be implemented in conjunction with a new state-wide registration scheme for STRA.
What are the new planning requirements for STRA properties?
The changes do not introduce caps for STRA properties in Western Australia.
Planning Approval Exemption – Hosted STRA
Hosted STRA will be exempt from the requirement to obtain development (planning) approval as the primary owner or occupier of the residence remains onsite for the duration of a guest’s stay. This means they can manage any issues that may arise, such as noise or parking, and is therefore considered to have very minimal impact on residential amenity and housing.
Perth Metropolitan area
An exemption from the requirement to obtain development approval will be in place where an un-hosted STRA does not intend to rent their property out for more than 90-nights within a 12-month period.
Proposals that do intend to rent out the property for more than 90-nights will require development approval from the local government prior to registration and operation.
This single set of rules for Perth will ensure greater consistency across the metropolitan area and will allow the local government to assess higher-impact proposals on a case-by-case basis, also allowing for consultation to occur where necessary.
The 90-night exemption caters for property owners who wish to let out their primary residence for un-hosted STRA on a temporary basis (e.g., when on holidays) without needing development approval.
Regional areas (including Peel)
Each local government authority will have the flexibility to determine planning approval requirements based on local conditions and needs.
Un-hosted STRA
The changes to the planning framework will include a consistent set of planning approval requirements for un-hosted STRA across the Perth metropolitan area and provide for regional local governments to determine the most appropriate requirements for STRA properties in their locality.
How will the changes impact current and prospective STRA operators?
Existing planning approvals for STRA will remain valid.
If you operate an un-hosted STRA and do not have planning approval, you need to check with your local government to ensure compliance.
Further information about the STRA Register
In response to the 2019 Parliamentary inquiry Levelling the Playing Field: Managing the impact of the rapid increase of short-term rentals in Western Australia (PDF 3.54 MB), the State Government committed to various initiatives to improve regulation of the short-term rental accommodation sector, including a registration system for all Western Australian STRA properties.
Under the proposed STRA Register, all providers of short-term rental accommodation will be required to register their properties before they can operate and advertise, including on online booking platforms such as Airbnb.
The STRA registration scheme includes:
- a legal requirement for defined STRA properties in WA to be registered
- an initial registration will be for one year that must be renewed annually for a fee
- owners of registered properties being given a registration number which they are required to display when advertising their property for bookings
- a ban on the advertisement and booking of unregistered STRA properties
- fines for STRA providers who advertise unregistered STRA properties, including on online booking platforms
- fines for booking platform providers who advertise or cause to be advertised an unregistered STRA property
- powers for Consumer Protection to suspend or cancel registration if, for example, false or misleading information has been provided when registering a property on the STRA register
- a process for local government authorities to certify a registration as non-compliant with the requirements of local laws, including development approval requirements applicable to STRA
- provision for Consumer Protection to provide information held on the STRA register to specified public authorities, including local governments to assist with enforcement of local laws
- provision for Consumer Protection to disclose information on the STRA register to the public, where appropriate, as to whether a property is registered
- the ability for the public to be able to search for a property to determine whether it is registered as a STRA and verify that a registration number is valid (coming October 2024)
- the ability for the public to be able to view a heat map of STRA properties in WA (coming October 2024) .
The STRA Register will commence 1 July 2024, with registration becoming mandatory from 1 January 2025.
Contact
If you have questions about the STRA Register, you can contact Consumer Protection on 1300 30 40 54, or email: stra.enquiries@dmirs.wa.gov.au.
STRA Planning and Registration Changes Fact Sheet and Infographic
Western Australian Planning Commission and Consumer Protection’s Short-Term Rental Accommodation Planning and Registration Changes Fact Sheet (PDF 248 KB) and Infographic (PDF 568 KB) provides more information about the proposed planning changes and STRA Register. Click to download the documents or share with someone you know.
Short-Term Rental Accommodation Planning and Registration Changes Fact Sheet
Short-Term Rental Accommodation Planning and Registration Changes Infographic
Frequently Asked Questions
What is the STRA Register?
Show moreThe State Government is introducing a new register for all STRA in WA. As part of this initiative, all properties that operate as STRA in WA will be required to register their property on a state STRA Register before they can offer their property for rent, advertise or list on a booking platform such as Airbnb, or any other public channel.
The STRA Register will collect data on the short-term rental accommodation sector to assist the State Government in making more informed policy and regulatory decisions.
The register will also provide helpful information to the community about what STRA exists in an area and whether STRA that they book is registered.
Why is the Government proposing to introduce a STRA Register?
Show moreThe STRA Register is an initiative to better manage STRA in WA. The State Government committed to this initiative as part of its response to the 2019 Parliamentary inquiry Levelling the Playing Field: Managing the impact of the rapid increase of short-term rentals in Western Australia (PDF 3.54 MB).
The aims of the STRA Register are to:
- assist the State and local governments to obtain a better understanding of the STRA sector in WA, leading to more informed policy and regulatory responses
- provide the community with information about what STRA exists in their area
- ensure providers are aware of local laws and planning controls.
What is STRA?
Show moreSTRA is the common name given to holiday homes, units or apartments offered for short-term or short-stay rental, usually through an online booking platform such as Airbnb, or a management agency.
STRA also includes individual rooms within a host's residence if these are rented but does not include properties that have been developed as traditional holiday accommodation, such as hotels or motels.
What is a short-term rental?
Show moreA residential short-term or short-stay rental agreement is one which is no more than three months long. Residential rental agreements that are longer than three months are not short-stay and are covered by the Residential Tenancies Act 1987.
What is the difference between hosted and un-hosted STRA?
Show moreHosted STRA means that the host lives on the premises during the period of the accommodation provided. The host may come and go from the dwelling during the time of the accommodation i.e. for work or recreation, but must still live at the premises whilst the guest is there.
Un-hosted STRA means that the guests can stay in the accommodation without the host residing on the premises. Individual residential units within a premises where there is an onsite manager or concierge are generally considered as un-hosted.
Who would need to be registered?
Show moreAll owners of STRA will be required to register each property regardless of whether:
- guests stay in the property with the owner (hosted) or stay by themselves (un hosted)
- the property requires development approval
- the property is currently exempt from planning approval (via a development application).
What information do I have to provide to be registered and what information can the public see?
Show moreTo be registered, STRA operators must provide information through an online registration portal.
Information that will be required in the application for registration includes:
- the details of the owner of the STRA property and the location of the property
- the development approval number (if development approval is required)
- whether or not the STRA is to be provided as hosted accommodation
- the number of bedrooms in the premises to be provided as STRA
- the maximum number of persons to be accommodated in the premises
- if the premises are to be managed by an agent for the purposes of STRA, the name and contact details of agent.
STRA property owners will need to comply with any existing development approval requirements in their local government to register. STRA property owners that are required to have development approval must provide their development approval number at registration if they have it already, or by 1 January 2026, if required.
The public will be able to see whether premises are registered STRA premises. Practically, this means:
- the public will be able to search the Register to check if an address is a registered premise; and
- if a registration number obtained from a booking platform is associated with a valid registration and the postcode of that registration address.
The public will also be able to view a heat map of STRA properties in WA.
When will the STRA Register be introduced?
Show moreThe register will be open for registration from 1 July 2024. A transition period will be provided, and registration will be mandatory from 1 January 2025.
Will there be a cost to register STRA?
Show moreThe initial registration will be free during July, August and September 2024. After that the cost will be $250 with renewal each year being $100. The cost for registration is based on cost recovery.
What planning requirements apply to STRA?
Show moreThe Western Australian Planning Commission is progressing changes to the planning system for STRA. Information on progress of these changes can be found on the WA.gov.au website: Short-Term Rental Accommodation.
Need more information?
Show moreFurther information about the proposed STRA Register is available on the Consumer Protection website: Short-Term Rental Accommodation Reform. You can also email stra.enquiries@dmirs.wa.gov.au or call on 1300 30 40 54.
