SHORT STAY REFORMS ANNOUNCED

Brisbane City Council proactive approach to regulate short stay rentals

The Council has proposed a Short Stay Accommodation local law 2025, aiming to regulate short stay accommodation , which is less than 3 months, to ensure continued quiet enjoyment and safety in Brisbane strata properties. They are seeking feedback on the proposed changes to ensure the balance between owners, tenants and visitors can continue to meet the needs of the different dwellers and continue to attract investment to the region.

Why is there a need for short stay regulation?

Living in community buildings can present several challenges such as disruptive parties, passive smoking, barking pets and passive / aggressive behaviour when the use of the shared facilities are not respected.  Knowing the rules (through building bylaws) can add another layer if the occupier is staying for a short period of time, leaving owners of short stay apartments none the wiser of their neighbours’ frustrations and the volunteer committees left to become mediators.  The key purpose of this proposed change is to “create fair, consistent rules so everyone knows what’s expected” as sighted on the Council’s website.

Features of what is being proposed for short stay rentals

It is essentially a permit system where owners and operators offering short stay accommodation will be required to effectively communicate the house rules.  The obligations around public liability insurance and a complaint handling process ensure the onus does not fall back to the other owners, committee, or on-site caretaker.  The complaints handling process will have a timeframe for a response and remedies that may include a warning, fine or revoking the permit.  After the consultation period and finalisation of the new local law, with the proposed date is 1 July 2026, it would apply if you rent out a house or an apartment.  Noting that hotels, serviced apartments with onsite managers and home hosted stays would be exempt from the permit system.  There are several other non-strata titled accommodation exemptions such as a retirement facility that would also not be included into the proposed regime.

Looking for more information?

• The permit would be valid for 12 months and renewed annually
• The body corporate, where applicable, would be required to be notified and the owners consent
• A nominated contact person would be available 24/7 and is to acknowledge any complaints within 1 hour and report actions to be undertaken with 24 hours.  The purpose of this is to ensure owners and operators have the responsibility of managing guests’ behaviours in line with the house rules.  Should the council receive a complaint, this nominated contact person would be directed to remediate, with Queensland Police Service remaining responsible for any serious incidents surrounding parties, safety, or crime incidents.
• Some new properties, yet to be built, may also require development approval under the Brisbane City Plan 2014 to ensure the region’s infrastructure can support and provide the resourcing for higher density living and visitor accommodation

What is the stick?

Where education and a warning system fails, the local law proposes to include the enforcement of breaches with fines and prosecution where necessary. The range of penalty units totalling 5 up to 850 (currently equating to $830 – $141,800) depending on the severity of the offence of the short stay occupier.  Similar provisions apply to the owner or operator if consistent breaches, which may lead to a conditional permit or operating without a licence.

Consultation opens on 12 December 2025 and will close on 16 February 2026.

Article Contributed by Tamara Vega, Community Strata Manager at Archers the Strata Professionals.