Airbnb and short-stay rules in New South Wales
Rules change often. This guide is general information, reviewed on the date shown above. It isn't legal or planning advice. The NSW framework is under review, so confirm the current rules with NSW Planning and your council before you list or sign with a manager.
Every short-stay home in NSW must be on the state register, meet a fire safety standard and follow a code of conduct. Hosted stays have no night limit. Non-hosted stays are capped at 180 days a year in Greater Sydney and a few regional areas, 60 days in most of Byron Shire, and 365 days everywhere else.
What does every NSW short-stay home need?
The state framework started on 1 November 2021. Most homes can be let for short stays without a development approval, as long as they meet these conditions.
- Registration. The home must be on the short-term rental accommodation register on the NSW Planning Portal before it's advertised. It costs $65 to register and $25 a year to renew. Your registration number goes on every listing.
- Fire safety. The home must meet the STRA fire safety standard. Among other things it covers smoke alarms and a fire safety and evacuation plan for guests, with extra requirements for larger homes.
- Code of conduct. Hosts, guests, managers and booking platforms must all follow the industry code of conduct, which has applied since 18 December 2020.
- Lawful dwelling. The home must have been lawfully built for residential use. Some types, such as granny flats approved under the old affordable rental housing policy, can't be used.
How many nights can you let your home?
| Where | Hosted | Non-hosted |
|---|---|---|
| Greater Sydney, not including the Central Coast | No limit | 180 days |
| Ballina area | No limit | 180 days |
| Certain land in the Clarence Valley, including coastal villages such as Yamba and Iluka | No limit | 180 days |
| Certain land in the Muswellbrook area | No limit | 180 days |
| Byron Shire, outside the Byron Bay and Brunswick Heads precincts | No limit | 60 days |
| Everywhere else in NSW | No limit | 365 days |
Hosted means you live in the home while guests stay. Non-hosted means you don't. Bookings of 21 nights or more in a row don't count toward a cap, which is why many owners in capped areas mix holiday stays with longer lets. See NSW Planning for the mapped areas, and Clarence Valley Council for its zones.
Byron Shire has its own guide to the 60-day cap.
Can your strata scheme stop you?
Partly. An owners corporation can pass a by-law that bans short-term rental in lots that aren't the host's principal place of residence, according to REINSW. If you live in the apartment and let it while you're away, a by-law can't stop that. Either way, by-laws on noise, parking and common property apply to your guests, so check yours before you list.
What happens if guests cause trouble?
Complaints go to NSW Fair Trading under the code of conduct. Hosts and guests who break it can receive strikes. Two strikes within two years puts a host or guest on the exclusion register for five years, and a home on the register can't be let for short stays. A good manager screens guests, sets house rules and responds to neighbours fast, which is a big part of what you're paying for.
Does your manager need a licence?
Yes. Anyone who manages a short-stay home for a fee in NSW needs to hold the right real estate licence or certificate of registration and follow the trust account rules. Ask for the licence number and check it on the NSW Fair Trading public register.
Is the NSW framework changing?
It's under review. The NSW Government exhibited a discussion paper from 15 February to 14 March 2024 and received more than 430 submissions. As of November 2026 no final changes had been announced. We'll update this guide when they are.
Rules by area
- Byron Shire rulesThe 60-day cap and the 365-day precincts
- Northern RiversHow the caps change from Tweed to Yamba
- Byron Bay managersManagers who plan around the cap
For Queensland, see our Queensland short-stay rules guide.
Frequently asked questions
How many nights can I Airbnb my home in NSW?
If you live there while guests stay, there's no limit. If you don't, the limit is 180 days a year in Greater Sydney, the Ballina area and certain land in the Clarence Valley and Muswellbrook areas, 60 days in most of Byron Shire, and 365 days elsewhere. Bookings of 21 nights or more in a row don't count.
Do I need to register my Airbnb in NSW?
Yes. Every short-term rental home must be on the NSW short-term rental accommodation register before it's advertised. Registration costs $65 and then $25 a year to renew.
Can a strata scheme ban Airbnb in NSW?
Only in some cases. Owners corporations can pass a by-law banning short-term rental in a lot that isn't the host's principal place of residence. If you live in the lot and let it while you're away, a by-law can't stop you.
Is the NSW short-term rental framework changing?
It's under review. The NSW Government exhibited a discussion paper in early 2024 and is still considering changes. Check the NSW Planning website for the latest position.
Want a manager who knows the local rules?
Tell us about your home and we'll match you with licensed managers who already work under your council's caps.
Get matchedSources
- Short-term rental accommodation, NSW Department of Planning, February 2025
- Short-term rental accommodation framework finalised, NSW Department of Planning
- Short-term rental accommodation exclusion register, NSW Government
- Strata by-laws to prohibit short-term rentals in certain circumstances, REINSW, April 2020
- Short-term rental accommodation in Byron Shire, NSW Department of Planning
- Short-term rental accommodation (STRA), Clarence Valley Council