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Air BNB (Short Term Accommodation)

The Gold Coast is a tourism mecca and with the rise of online short-term rental sites (Airbnb, Stayz etc) it has never been easier for residents or investors to make a good return renting their homes out. However, what homeowners may not be aware of is that a Council development approval is required in most instances to legally rent out your home for short term stays.

Many people say ask us why they should bother getting a development approval, and the short answer to this is, insurance. Should something happen to your home during a stay you may not be covered by your insurance company due to the property operating under an unapproved land use.

The last thing any homeowner would want is for something to happen to their house only to be told their insurance is voided due to illegal use of the property.

So, where can you operate Short Term Accommodation land uses within the Gold Coast? The locations to operate these types of uses are very restricted by City of Gold Coast Council. High Density Residential areas of the city (Chevron Island, Surfers Paradise, Broadbeach, Southport CBD) will allow it in most instances, but still require a development approval. Lower density areas of the City or as they are more commonly known as ‘the suburbs’ are very restricted in relation to operating a Short-Term Accommodation use. This includes areas such as Broadbeach Waters, Mermaid Waters, Burleigh Waters and the majority of Palm Beach. Any Short-Term Accommodation uses operating in these areas will almost certainly be doing so without the required development approval in place. In Align’s experience, you are very unlikely to achieve a Short-Term Accommodation development approval in the low-density parts of the city. Council’s reasoning for restricting the Short-Term Accommodation uses to the high-density parts of the city, is due to the amenity impact such a use can have on fellow residents. These impacts include noise, amenity, and traffic. Therefore, Council restricts these types of uses to certain parts of the City.

As you move further out into the hinterland areas of the City, the opportunities for Short Term Accommodation uses do increase. Council has shown some leniency to Short Term Accommodation uses within the hinterland areas where it can be demonstrated that they will have no impact on neighbouring residents’ amenity. This can be difficult to demonstrate but is possible in some instances. Every property is different when it comes to looking at the likelihood to establish a Short-Term Accommodation use in these areas and each one must be looked at carefully.

Any time Align is approached regarding a possible Short-Term Accommodation use, we also highly recommend engaging with a qualified building certifier to determine any physical changes required to your property to satisfy the building code. By operating a Short-Term Accommodation use, residents must achieve certain building requirements as a minimum, including disability access which can be an issue for older buildings in particular. By engaging with a building certifier in the early stages you could save yourself from gaining an expensive development approval that can only be actioned by spending a significant amount of money on building requirements.

If you are thinking of starting an Airbnb or are unsure if you need a development approval, contact Align Planning today for an obligation free discussion.

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