113General requirements

113 General requirements

113 General requirements

The general requirements for short-term rental accommodation are as follows—

(a) the dwelling must have been lawfully constructed to be used for the purposes of residential accommodation,

(b) the dwelling must not be part of the tenanted component of a building,

(c) the dwelling must comprise, or be part of, residential accommodation other than the following—

(i) a boarding house,

(ii) co-living housing,

(iii) a group home,

(iv) a hostel,

(v) a rural workers’ dwelling,

(vi) seniors housing,

(d) the type of residential accommodation that the dwelling comprises, or is part of, must be permitted with or without development consent on the land on which the dwelling is located,

(e) the dwelling must be registered on the register established under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, section 102C,

(f) the dwelling must not be, or be part of, refuge or crisis accommodation provided by—

(i) a public or local authority, including the Department of Communities and Justice, the Land and Housing Corporation or the Aboriginal Housing Office, or

(ii) another body funded wholly or partly by the Commonwealth or the State,

(g) if the dwelling is classified under the Building Code of Australia as class 1b or class 2–9—

(i) the dwelling must have a current fire safety certificate or fire safety statement, or

(ii) no fire safety measures are currently implemented, required or proposed for the dwelling,

Note—

The Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 includes fire safety requirements for certain existing buildings or parts of buildings.