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Short-Term Rental Accommodation Planning Regulations

Changes to planning regulations will introduce a more consistent set of rules for short-term rental accommodation in Western Australia.

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Levelling the playing field

The changes to planning regulations are in response to the recommendations of the 2019 Parliamentary Inquiry - Levelling the Playing Field: Managing the impact of the rapid increase of short-term rentals in Western Australia, as well as specific direction set in a Position Statement - Tourism and Short-Term Rental Accommodation released in November 2023 by the Western Australian Planning Commission (WAPC).

The following changes are now in effect:

  1. a state-wide register, mandatory for all short-term rental accommodation properties; and
  2. new planning requirements implemented by local governments through the Planning & Development (Local Planning Schemes) Regulations 2015 amendment – Planning and Development (Local Planning Schemes) Amendment (Short-Term Rental Accommodation) Regulations 2024.

What is Short-Term Rental Accommodation?

Short-Term Rental Accommodation (STRA) refers to the practice of renting out a property or part of a property to paying guests for stays of up to three months in duration.

This type of accommodation, which is usually booked through online platforms, is popular among travellers and visitors seeking temporary lodging for holidays, business trips or other short stays.

STRA is either hosted - where the host lives on the property during the short-term stay, or unhosted - where guests have exclusive use of an entire dwelling, for example a whole house, villa or apartment.

State-wide register

State-wide register

The STRA Register, underpinned by the Short-Term Rental Accommodation Act 2024, collects information on the STRA sector in Western Australia. Detailed information on the register, including how to sign-up and contact details for specific queries, can be found at the dedicated Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) website: Short-Term Rental Accommodation Register.

All STRA operating in Western Australia must be registered by 1 January 2025, regardless of whether a planning (development) approval is required or not. Being registered will allow bookings to be taken for a STRA property. As part of the STRA registration process, demonstration of planning (development) approval may be required.

STRA owners must comply with all existing local planning laws, which may include needing development approval. Local governments will be amending their local planning schemes during 2025 so where required, development approvals can be obtained by 1 January 2026.

Planning changes

Amendments have been made to planning regulations to provide greater consistency and certainty about whether a planning approval is needed for STRA proposals. They also introduce a consistent set of definitions for STRA to be used within all local government planning schemes in Western Australia, to ensure that STRA is treated as a specific type of land use, distinct from 'traditional accommodation' such as hotels, motels and serviced apartments.

The changes do not introduce a cap on the number of nights a property can be leased on the short-term market, provided all necessary approvals are in place and registration has occurred.

To download a copy of the Planning for Tourism and Short-Term Rental Accommodation Position Statement and Guidelines, visit Short-term rental accommodation.

New requirements

New requirements for hosted and unhosted STRA

Amendments to the Planning & Development (Local Planning Schemes) Regulations 2015 (LPS Regulations) set out when planning approval is required for STRA:

Where STRA is not either exempt or a permitted use, a planning development approval will be required from the applicable local government. The development approval process allows local governments to assess a proposal in more detail to determine whether it is appropriate for a location and may also include consultation with neighbouring landowners.

New requirements

Hosted STRA is exempt from requiring planning approval within Western Australia. However, it is important to note that hosted STRA still requires registration.

Hosted STRA includes ancillary dwelling, or 'granny flats', where the host lives in the primary dwelling on the property. A host may alternatively live in the ancillary dwelling, with the primary dwelling being rented out as STRA.

Perth metropolitan area

If an unhosted STRA operator within the Perth metropolitan are intends to rent out a property on a permanent basis, development approval from the local government should be obtained prior to operation. STRA Operators within Perth should contact their local government to confirm specific development approval requirements prior to registration.

An exemption from the requirement to obtain development approval applies within the Perth metropolitan area where unhosted STRA is leased for 90 nights or less (non-consecutive) within a 12-month period, as per the date of registration.

The 90-night exemption caters for property owners who wish to let out their primary residence for unhosted STRA on a temporary basis (such as when on holidays, for example) without needing development (planning) approval, however registration is still required. The exemption is monitored through booking events collected as part of the STRA Register.

Local governments in the Perth metropolitan area for the purpose of this 90-night exemption are:

  • City of Armadale
  • City of Bayswater
  • City of Belmont
  • Town of Bassendean
  • Town of Cambridge
  • City of Canning
  • Town of Claremont
  • City of Cockburn
  • Town of Cottesloe
  • Town of East Fremantle
  • City of Fremantle
  • City of Gosnells
  • City of Joondalup
  • City of Kalamunda
  • City of Kwinana
  • City of Melville
  • Town of Mosman Park
  • Shire of Mundaring
  • City of Nedlands
  • Shire of Peppermint Grove
  • City of Perth
  • City of Rockingham
  • Shire of Serpentine-Jarrahdale
  • City of South Perth
  • City of Stirling
  • City of Subiaco
  • City of Swan
  • City of Wanneroo
  • Town of Victoria Park
  • City of Vincent

Regional areas

Local governments outside of the above listed local government areas, including those in the Peel region, have the flexibility to determine planning approval requirements for unhosted STRA as applicable to the housing and tourism situation within their municipality. This is to ensure that rules for STRA are tailored to suit the tourism and housing conditions of specific locations. STRA operators in regional areas should contact their local government to confirm approval requirements prior to registration.

Key steps

Obtaining development approval and registration - key steps

The steps to operate a STRA will depend on its type, location, as well as whether or not a development approval is required. The flow chart below summarises the general approvals and registration steps for different types of STRA. More information about obtaining development approval from your local government is provided in Frequently Asked Questions.

Contacts

Contacts

Planning Regulations Changes - General Queries

If you have any general questions about the changes to the LPS Regulations for STRA or the Planning for Tourism and Short-Term Rental Accommodation Position Statement and Guidelines, you can contact the Tourism Policy Team at the Department of Planning, Lands and Heritage.

Obtaining Development Approval

For information on obtaining a development approval for your unhosted STRA, or other approvals such as building and health-related permits, please contact your applicable local government for specific requirements. Local government contact details are available via the WA Local Government Association website.

Registration Scheme

For questions or more information about the state-wide registration scheme, contact the Consumer Protection division at the Department of Energy, Mines, Industry Regulation and Safety.

Schemes and Amendments

Local governments seeking information on amending schemes to align with the new STRA planning requirements should contact their applicable schemes or Land Use Planning area team at the Department of Planning, Lands and Heritage.

A "Short-term Rental Accommodation Scheme Amendment Report Template" is available to assist local government progress with amending the planning schemes.

Further information on implementation steps for local government is provided in Planning Bulletin 115.

FAQs

Frequently asked questions

Planning Regulations Changes

All local governments will be amending their local planning schemes to implement the policy changes throughout 2025 to be able to issue development (planning) approvals for unhosted STRA by 1 January 2026.

The timing for local governments to make the changes will vary in the lead up to 1 January 2026 and STRA operators will need to make sure they are in touch with their local government to ensure they are meeting planning scheme requirements prior to this date.

Registration of all STRA in Western Australia will be mandatory from 1 January 2025.

The intent behind this exemption is to provide for a more consistent set of rules for unhosted STRA within the Perth metropolitan area, where there have historically been differing requirements between all 30 local governments within this region. The exemption is likely to be used primarily by residents who are seeking to rent out their home while on holiday or otherwise absent from their property for relatively short periods of time.

Specifically, the 90-night exemption seeks to strike a balance between maintaining choice in accommodation options for visitors, providing flexibility for owners to rent out their properties on the short-term market on an ad-hoc basis, while ensuring some form of regulation is in place noting that the impacts on both local neighbourhood amenity and housing supply is low due to the temporary nature of the use.

To make use of this exemption, you will firstly need to register the property on the STRA Register. Once registered, you can take bookings for paying guests for up to 90 non-consecutive nights within a 12-month period (as per registration date) without requiring a development approval from your local government. The register will provide notifications at 80 and 90 nights booked should these be reached, as a courtesy reminder of the requirement to obtain a local government development approval to operate an unhosted STRA greater than the exemption period. If you intend to operate your unhosted STRA for more than 90-nights, you should obtain development approval from the outset prior to taking bookings.

Hosted STRA is exempt from the requirement to obtain a development approval across the entire State because the impacts of this type of use are minimal, given the primary owner or occupier of the property remains on site for the duration of the stay.

By definition, hosted STRA remains the host’s primary residence throughout the duration of a visitor’s stay. Having a host permanently on the property during a guest’s stay helps to manage some of the amenity concerns that can be associated with STRA. Hosted STRA, by its very nature, also continues to provide permanent accommodation to the host in addition to the short-term guests.

No. Caps to restrict the number of nights for STRA are not included in the planning regulations changes. Instead, unhosted STRA that is let out 90 nights or less within a 12-month period is exempt from the requirement to obtain development approval in the Perth metropolitan area.

Planning Bulletin 115, in combination with the Position Statement: Planning for Tourism and Short-Term Rental Accommodation, provides comprehensive guidance, including temp to local government for the implementation of new STRA land use classes in planning schemes - Planning bulletins.

Local governments have until 1 January 2026 to amend their planning schemes to introduce new land use terms for hosted and unhosted STRA.

In addition to Planning Bulletin 115, the Department of Planning, Lands and Heritage (DPLH) has provided all local governments in Western Australia with technical details and additional resources to assist with implementing these changes, as well as advice on next steps and timeframes.

Local government planning staff are encouraged to contact DPLH to discuss individual planning scheme and policy changes.

Obtaining Development (Planning) Approval

These terms all mean the same thing and are often used interchangeably. The official term for planning approval is ‘development approval’, also known as a ‘DA’. A DA is a formal request for consent to carry out proposed development. A DA is obtained by submitting a development application to your relevant local government.

The vast majority of development in Western Australia is determined by local governments under a local planning scheme.

A local planning scheme consists of map/s (zoning the land) and scheme text, which operate in tandem to control land use. Local planning schemes set out the way land is to be used and developed, classify areas for land use and include provisions to coordinate infrastructure and development within the local government area.

A DA may be required for a change of land use, for example, from a retail shop to an office. In the case of STRA, the local government would require a DA to change the existing use of the dwelling/premises from residential to ‘unhosted short-term rental accommodation’.

Contact your local government at the earliest opportunity for information on lodging a development application (DA) for a change of use, including application requirements and fees. Local government planning staff can also advise of the zoning of your property and other specific planning rules that may apply to your area. A separate building permit may also be required if any structural changes are required to a building to facilitate a STRA proposal.

The local government may also have a local planning policy in place that provide guidance on how unhosted STRA are assessed.

It can take up to 90 days for the local government to determine a DA, depending on the public advertising (i.e., consultation) requirements applicable in your area. Ensuring the information submitted with your DA is correct will minimise delays.

It is an offence under the Planning and Development Act 2005 to use land without having obtained the correct development approval. If you do not obtain development approval, you may be subject to compliance proceedings and penalties from the local government, and also run the risk of suspension or de-registration from the STRA Register.

Existing valid development approvals (DAs) for a holiday house or bed and breakfast (or similar) continue to apply, and you can enter the applicable approval number as part of the registration process.

In some cases, the conditions of a DA may include a time limit (for example, the approval is valid for three years). If your DA expires, it will be necessary to obtain a new approval.

If you are unsure about the validity of your existing DA or would like to obtain a copy of a previous approval, check with your local government.

In very specific circumstances, a property may be located within an area controlled by the State Government for a particular planning purpose. This means that development approvals (DAs) will be submitted to, and issued by, a State Government authority instead of the local government. Areas where this would be applicable include the following:

  • Land subject to the Swan Valley Planning Act 2020: This is an area that has been set aside to allow special control over planning and development in the Swan Valley. All DAs within this area are assessed under the Swan Valley Planning Framework and determined by the Western Australian Planning Commission. You can find out more by contacting the Swan Valley Planning Team at the Department of Planning, Lands and Heritage (DPLH) or visit Swan Valley Planning.
  • Land subject to an Improvement Scheme: Improvement Schemes are similar instruments to local planning schemes. They contain development control provisions regarding the scheme area and are prepared in the same manner as a local planning scheme. Improvement Schemes can be introduced where an Improvement Plan is in place. Improvement Plans are strategic instruments used to facilitate the development of land in areas identified by the WAPC as requiring special planning. The WAPC can recommend to the Minister for Planning that an improvement plan is made ‘for the purpose of advancing the planning, development and use of land. You can find out more at Improvement plans and schemes.
  • Land subject to a Redevelopment Area: There are certain redevelopment areas within the Perth metropolitan area that are controlled by Development WA (formerly the Metropolitan Redevelopment Authority and LandCorp). Development within redevelopment areas is determined by Development WA and not the applicable local government. For further information on obtaining approval within a redevelopment area, contact Development WA via Planning & Approvals - Development WA.

General

Listing of a premises on a short-term accommodation booking platform, such as Airbnb or Stayz, does not necessarily classify a property as ‘short-term rental accommodation’ for the purposes of these planning and registration requirements. From a planning perspective, STRA relates to the practice of renting out a dwelling to paying guests on the short-term rental market- that is, for stays not greater than three months duration. A dwelling typically takes the form of a stand-alone house, villa, townhouse, apartment or granny flat. These changes do not capture traditional forms of short-term and temporary accommodation, which are defined separately from STRA in planning regulations and other legislation, including:

  • house swapping and house-sitting
  • lodges and boarding houses (hostels for example)
  • personal use of a holiday home or the sharing of a holiday home with the owner’s family and friends
  • student exchange accommodation
  • workforce accommodation
  • residential parks, park home parks and lifestyle villages
  • hotels, caravan parks, motels, resorts, farm stays and serviced apartments.

If you are seeking to commence leasing out any form of short-term accommodation, speak to your local government who can advise on what your proposal would be best classified as, and if any approvals are required, considering the specifics of the property and proposal.

The STRA Act 2024 defines a short-term rental arrangement as an arrangement under which residential premises are provided for occupation to the same person or persons for a period or periods not exceeding a total of three months in a 12-month period.

If your guests stay for periods longer than three months in total in a year, then that arrangement may be subject to requirements in the Residential Tenancy Act 1987 (WA), if the stay is not for a holiday. If you have queries about the obligations for longer rental arrangements, it is recommended that you contact Consumer Protection (DEMIRS) on 1300 30 40 54 or [email protected].

The Position Statement: Planning for Tourism and Short-Term Rental Accommodation and associated guidelines provides direction on required changes to State Government planning regulations to ensure a fairer and more consistent treatment of STRA within the Western Australian planning system, complementing the state-wide registration scheme. These include: 

  • new and revised definitions for all local government planning schemes to ensure that hosted and unhosted STRA are considered as distinct land uses, replacing superseded terms for ‘bed and breakfast’ and ‘holiday house’
  • exemptions from the requirement to obtain development (planning) approval in certain circumstances.
To learn more about the Position Statement and Guidelines, and to download a copy of these documents, visit: Short-term rental accommodation.

The Short-Term Rental Accommodation (STRA) Register is an initiative of the Western Australian (WA) Government through the Short-Term Rental Accommodation Act 2024 to gather information on the STRA sector in WA. This information is needed to ensure that we have a clear, information based, picture of the sector enabling data driven decision making. 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.

The STRA Register opened on 1 July 2024 and registration will become mandatory for all STRA premises from 1 January 2025. Registration is for 1 year from the date of registration and will need to be renewed every 12 months.

Specific Case Examples - How do the changes impact me?

No development approval is required in the Perth metropolitan area, where the property is not rented for more than 90 nights within a 12-month period.

If you are in a regional area, check with your local government to determine if development approval is required. Registration on the STRA Register will be required.

Within the Perth metropolitan area, development approval is required if the property is rented for more than 90 nights within a 12-month period (if development approval not previously obtained).

Outside the Perth metropolitan area (including Peel) requirement for development approval will be determined by your local government.

Registration on the STRA Register will be required.

Within the Perth metropolitan area, development approval is required (if development approval has not previously been obtained).

Outside the Perth metropolitan area (including Peel), requirement for development approval will be determined by the applicable local government.

Registration on the STRA Register will be required.

Within the Perth metropolitan area, development approval is required (if development approval has not previously been obtained).

Outside the Perth metropolitan area (including Peel), the requirement for development approval will be determined by the applicable local government.

Registration on the STRA Register will be required.

No development approval is required anywhere within Western Australia as this is classed as hosted STRA.

Registration on the STRA Register will be required.

No development approval or registration on the STRA Register is required.

This does not meet the definition of STRA and is not covered as part of the changes.

This does not meet the definition of STRA and is not covered as part of the changes.

A development approval from the applicable local government will most likely be required for a ‘residential building’, along with building and environmental health permits.

Registration on the STRA Register will not be required.

No development approval is required anywhere with Western Australia as this is classed as hosted STRA.

Registration on the STRA Register will be required.

No development approval or registration on the STRA Register is required. You may keep operating as per the status-quo.

This does not meet the definition of STRA and is not covered as part of the changes, given that a previous development approval for a form of traditional type of accommodation has been granted by the local government.

No development approval or registration on the STRA Register is required. You may keep operating as per usual.

This does not meet the definition of STRA and is not covered as part of the changes, given that a previous development approval for a traditional type of accommodation has been granted by the local government.

Within the Perth metropolitan area, development approval is required (if development approval has not previously been obtained).

Outside the Perth metropolitan area (including Peel), requirement for development approval will be determined by the applicable local government.

Registration on the STRA Register will be required.

Consent from the applicable strata company and/or council or owners may also be required, independently of registration and development approvals. STRA owners are required to comply with their Scheme’s by-laws and any restrictions on use imposed by appropriate resolutions made by the strata company. Further advice on strata by-laws and resolutions may be obtained from Landgate’s Strata Enquiry Line (08) 9273 7047 or [email protected].

Within the Perth metropolitan area, development approval is required for all three townhouses to be used as STRA (if development approval has not previously been obtained).

Outside the Perth metropolitan area (including Peel), requirement for development approval will be determined by the applicable local government.

Registration on the STRA Register will be required.

If the town houses form part of a strata titles scheme, consent from the applicable strata company and/or council or owners may also be required, independently of registration and development approvals. STRA owners are required to comply with their Scheme’s by-laws and any restrictions on use imposed by appropriate resolutions made by the strata company. Further advice on strata by-laws and resolutions may be obtained from Landgate’s Strata Enquiry Line (08) 9273 7047 or [email protected].

This does not meet the definition of STRA and is not covered as part of the changes.

If not already obtained, a development approval from the applicable local government will most likely be required for ‘tourist and visitors accommodation’, or similar, along with building and environmental health permits.

Registration on the STRA Register will not be required.

If you already have a valid development approval for a ‘bed and breakfast’ you do not need to obtain any further approvals.

Registration on the STRA Register will be required.