Can I short-term rent in Ballina Shire Council?

Council's own STRA page (accordion 'What is Council's role?', live-verified by rendered browser fetch this session) states verbatim: 'Under the NSW Government rules for STRA, Councils have a limited role, as most houses/apartments are able to operate for STRA without specific approval for the accommodation use. However, regional councils have the ability to choose to retain a 365-day threshold (for non-hosted establishments); or to reduce the threshold to no less than 180 days. Ballina Shire Council has chosen to adopt 180 days as the number of days that non-hosted STRA will be able to be undertaken.' This is independently corroborated by the NSW Department of Planning, Housing and Infrastructure's official STRA FAQ (PDF, updated April 2024), which lists 'the Ballina area' among the regions where non-hosted STRA is 'restricted to a maximum of 180 days per 365-day annual period' (alongside Greater Sydney, and certain land in Clarence Valley and Muswellbrook), and states the STRA planning and regulatory framework 'came into effect on 1 November 2021 for most of NSW, and then the Byron Shire Local Government Area (LGA) on 31 January 2022', confirming Ballina's cap has applied since 1 November 2021. Byron Shire, by contrast, moved to a stricter 60-day non-hosted cap from 23/09/2024 with two mapped 365-day exemption precincts (Byron Bay Town Centre, Brunswick Heads), Ballina has neither of these features.

Exceptions: Hosted STRA (host present during the stay) is not subject to the 180-day cap and may operate up to 365 days/year. Non-hosted bookings of 21 or more consecutive days do not count towards the 180-day cap (per the NSW DPHI STRA FAQ, applies statewide including Ballina). No mapped 365-day exemption precincts exist in Ballina Shire (contrast with Byron Shire's Byron Bay Town Centre and Brunswick Heads precincts).

Verbatim from Council's page (accordion 'What are the rules for Strata Schemes?', live-verified this session): 'Owners Corporations can now adopt by-laws that limit STRA in their strata scheme, by banning it in lots that are not the host's principal place of residence. However, if someone lives in a strata property as their principal place of residence, they will still be able to rent out their home or rooms while they live there, or while they are temporarily away.' The underlying by-law power derives from state legislation (2020 amendments to the Strata Schemes Management Act 2015 and related Acts), so this is not a Ballina-specific rule, but is recorded because Council's own page is the operative local statement of it for Ballina Shire strata owners (same basis as the 'other' rule above). Exact commencement date of the by-law power itself was not re-verified this session.

Exceptions: Does not apply to a lot that is the host's principal place of residence, by-laws cannot ban STRA use of an owner's/permanent resident's own principal home.

Verbatim from Council's page (accordion 'What is the new code of conduct?', live-verified this session): 'As part of the STRA reforms, the NSW Government introduced a mandatory Code of Conduct for the STRA industry. This new code came into force on 18 December 2020 and imposes obligations on booking platforms, hosts, letting agents and guests. It sets new minimum standards of behaviour and requirements for all industry participants.' This is a state-legislated instrument (not Ballina-specific) but is recorded because Council's own page is the operative local statement directing Ballina hosts to comply with it, consistent with how this record treats other state-framework restatements on Council's page.

Council's page confirms non-hosted/hosted STRA can proceed without Council approval if: the dwelling was lawfully constructed for residential accommodation; the accommodation use is permitted (with or without consent) on the land; the dwelling is registered on the state STRA Register; the STRA Fire Safety Standard is satisfied; and, for strata lots, the by-laws permit STRA use. Verified verbatim on Council's page: 'STRA is NOT permitted in boarding houses, seniors housing, rural workers dwellings, ecotourist facilities, hostels, camping grounds, caravan parks, moveable dwellings, group homes, refuge or crisis accommodation or within tourist and visitor accommodation uses (which includes serviced apartments).' These criteria replicate the NSW state SEPP (Housing) 2021 framework rather than adding a Ballina-specific layer; recorded here because Council's own page is the operative local statement of them for Ballina Shire.

Verbatim from Council's page (accordion 'How will STRA be regulated under the new rules?', live-verified this session): 'Any dwelling used for STRA purposes is required to be registered on a new State Government-run register for STRA. Information such as compliance with fire safety standards and the number of days a property is used for STRA is captured and integrated with key STRA booking platforms (such as Stayz and AirBnB) and the NSW Planning Portal. This register assists councils with monitoring and compliance of registered STRA dwellings and is available to the public via the NSW Planning Portal.' Combined with the 'Council's role' accordion (see night_cap rule detail): 'Council will monitor customer requests in relation to issues raised by the operation of STRA. This will enable Council to capture sufficient data and evidence to identify if significant land use conflict is occurring in particular localities. Council can then inform the appropriate State Government agencies directly responsible with this legislation and hence assist in developing future compliance or educational material and programs.'