Byron Shire short-stay rules and the 60-day cap

By Jake Falkinder, co-founder of Let Minder Last reviewed

Rules change often. This guide is general information, reviewed on the date shown above. It isn't legal or planning advice. Confirm the current rules and check your address against the maps with Byron Shire Council and NSW Planning before you act.

In most of Byron Shire, a home let without the owner living there can be booked for short stays on 60 days a year. Mapped precincts in and around the Byron Bay town centre and at Brunswick Heads allow 365 days. Hosted stays have no cap, and bookings of 21 nights or more don't count toward it.

Who does the 60-day cap apply to?

It applies to non-hosted short-term rental accommodation, meaning a whole home let to guests while you don't live there. The NSW Government approved the cap in September 2023 at Byron Shire Council's request, to return more homes to long-term rental. It took effect for new registrations on 23 September 2024. Homes already registered under the old 180-day limit moved to 60 days when their registration came up for renewal.

SituationYearly limit
Non-hosted, most of Byron Shire, including Bangalow, Suffolk Park, Mullumbimby and the hinterland60 days
Non-hosted, inside the mapped Byron Bay town centre precinct365 days
Non-hosted, inside the mapped Brunswick Heads precinct365 days
Hosted, owner living on the premisesNo cap
Any booking of 21 consecutive nights or moreDoesn't count

The precinct boundaries are drawn street by street, so don't assume a home a few blocks from the beach is inside. Check the maps on the council page.

What counts as hosted?

Hosted means you, as the host, live on the premises while guests stay. Letting a room or a separate studio on the block where you live usually counts. An apartment with an on-site manager or concierge is generally treated as non-hosted, so the cap applies.

What else must a Byron short-stay home do?

The rest of the NSW framework still applies. The home must be lawfully built for residential use, registered on the NSW short-term rental register, meet the fire safety standard and follow the code of conduct. For strata lots, the by-laws must allow it. Some homes can't be used at all, including caravans, tents and glamping structures, and granny flats approved under the old affordable rental housing policy between 2011 and 2019. Our NSW rules guide has the detail.

Hotels, motels, serviced apartments and bed and breakfasts with their own development consent sit outside these rules and don't need to register.

What should owners do now?

  1. Check whether your address is inside a 365-day precinct on the council maps.
  2. Check when your registration renews, since that's when an older home moved to the 60-day cap.
  3. Work out how you'll use your 60 nights. Most owners put them into the summer holidays, Easter and big event weekends.
  4. Plan the rest of the year. Stays of 21 nights or more, mid-term lets and your own use all sit outside the cap.
  5. Keep a night count. Your manager should report it every month so you never go over.

A manager who knows the cap well can make 60 nights work much harder. See Byron Bay managers and the wider Northern Rivers, where caps differ by council.

Frequently asked questions

Does the 60-day cap apply to all of Byron Shire?

No. It applies to non-hosted short-term rentals in most of the shire. Mapped precincts in and around the Byron Bay town centre and at Brunswick Heads allow non-hosted stays for up to 365 days a year.

Does the cap apply if I live in the home?

No. Hosted stays, where you live on the premises while guests stay, have no day cap. Apartments with an on-site manager or concierge are generally treated as non-hosted.

Do long stays count toward the 60 days?

No. Under the NSW framework, bookings of 21 consecutive nights or more don't count toward the non-hosted day limit.

Who do I ask about the Byron cap?

Byron Shire Council's short-term rental team answers questions about the cap at [email protected]. NSW Planning publishes the precinct maps.

Want a manager who can make 60 nights count?

Tell us about your home and we'll match you with managers who already plan Byron calendars around the cap.

Get matched

Sources