The NSW Government has delayed the launch of its new short-term rental accommodation (STRA) laws from July 30 to November 1, 2021 following complaints from the industry.

The new rules require:

• compulsory registration of all landlords

• a cap of 180 nights on non-hosted homes (the owner lives elsewhere) across Greater Sydney and parts of coastal and regional NSW (Newcastle, Ballina, the Bega Valley, Dubbo and parts of the Clarence Valley and Muswellbrook areas)

• hosted homes can rent their homes out 365 days of the year

• minimum fire safety standards

• a Code of Conduct for hosts, guests, online booking platforms and agents.

The State Government is treating Byron Shire Council differently, giving them an extension in implementing these rules until January so that they can develop a planning proposal seeking to limit short-term letting to 90 days.

At this stage, Kiama hasn’t capped un-hosted STRAs to 180 days.

“I think Kiama should cap the number of days for un-hosted holiday rentals, because these are those entire premises that are being used for business interests only,” says Councillor Kathy Rice, who notes that STRAs became allowable in the 2011 Kiama LEP (Local Environment Plan) as exempt

development in response to the 2008 downturn in employment at the steelworks

“This gave local residents the opportunity to receive additional income through renting spare rooms, granny flats or entire premises.

“Many properties are now owned by distant investors, who by operating this type of business, have less concerns about property damage or tenancy laws than owners of long-term rentals.

“A 180 day cap would probably limit the number of houses in the municipality that are purely STRA businesses and could make providing these properties as longer term rentals a viable consideration for owners.”

Keith Watson, who sits on a Kiama Central Precinct sub-committee to look at this issue and lives in a Gerringong with around 11 STRA properties in his street, says, “The 180 days for non-hosted STRA is interesting because a very proactive council, Byron Bay, have been provided 90 days.

“You have to ask yourself why the different treatment.The answer is simple, the Byron Council drove this matter on behalf of their constituents, as they should. Well done to them, but a pity that Kiama Council weren’t as proactive.”

Councillor Matt Brown, chair of Destination Kiama, says that the arbitrary number [of 180 nights] doesn’t make sense and it will be impossible to police.

“Being rented out every second night will cause just as much of an issue as if it’s rented out every night.

“To me the main issues are accountability, respect and the ability to ensure proper neighbourly conduct.

“The most important thing is that we have well behaved renters. The main part of the policy that I like that there will be a register, it’s a statewide

project, it won’t be a council-by-council matter and the three strikes and you’re out aspect.”

Keith Watson again points out issues with these properties being used as businesses, without DAs or a formal review of business practices.

He notes that, “The other primary issue remains the number of renters entitled to stay at these STRA business properties, two per bedroom.

“Who and how is this policed and managed when the Council has no record that these businesses are operating as STRA as there is no DA?”

“Our tourism economy is essential,” says Councillor Brown.

“We have lost a lot of our motels and hotels and cannot at all satisfy tourist demand without short-term rental.

“If people are breaching noise controls and the peace is disturbed, the police should be called.

“A combination of these regulations and host reviews in the market will weed out troublesome tenants.”

For further information at www.fairtrading.nsw.gov.au