Thinking of renting our your place to tourists or visitors? Know the facts before you do it and save time, stress and money.
DCI & Associates have been receiving many enquiries regarding short term rentals to tourists or visitors using various websites and apps such as AirBnB. Many people have preconceived notions about what they can or can’t do, or what is or isn’t required when listing through a site like AirBnB. DCI & Associates have complied some basic information to help you know what is required from a Council planning perspective.
1. It is my property and I can do whatever I want.
This mindset is actually false. Yes it is your property but unfortunately, no you cannot do whatever you want. Your primary family residence has been approved and built to standards for a single household as a residential dwelling. When you change the use of your property; such as operating a hairdressing salon, a shop or renting out rooms or the property; it changes the use of the property from a residential dwelling to a different type of use.
2. Ok so it changes the use, what use is it considered then?
For most local council areas in Queensland, AirBnB and other house-sharing operations are considered to be short term accommodation which is defined as providing accommodation for tourists, travellers or visitors for a short period of three months or less and is generally self-contained, and may also include a manager’s residence (room for the property owner that visitors can’t use) or office or other recreational facilities for exclusive use by visitors (Brisbane City Plan 2014 and City of Gold Coast City Plan).
It is important to note that there is a difference between short term accommodation and other accommodation uses such as a bed 'n' breakfast, which have different planning approval requirements from Council.
3. So it’s short term accommodation. Do I need approval from Council?
The answer here depends on the zoning of the property and the local council’s planning scheme tables of assessment. Generally a property in a low density zone is assessable development and would require planning approval from Council whereas a property in a medium or high density zone might be considered a lower assessment level requiring approval or could be considered accepted development and as long as you comply with the specified codes you won’t require planning approval. This is something that is specific and individual to each property and needs further review to answer.
4. How do I know if I need Council Planning Approval?
DCI & Associates can help here and produce a Development Potential Report for your property. We undertake a review of the Council Planning Scheme and identify the zone and applicable overlays as well any State Government interests, property information such as area and distance to schools, and identify if planning approval is required for certain development or use types such as dual occupancy, short term accommodation, sub-division, multiple dwellings or any other use you would like investigated. We further identify the potential costs to prepare a development application including Council’s application fees.
5. What is Council Planning Approval and a Development Application?
Local Council’s regulate the use of land through their planning schemes and identify the types of changes that require approval. Council’s identify different levels of assessment being:
Accepted development – does not require planning approval from Council.
Accepted development subject to requirements – does not require planning approval from Council as long as you comply with the relevant criteria.
Code assessable development – a use generally consistent with the planning scheme but may have impacts on surrounding areas and require approval from Council.
Impact assessable development – a use generally inconsistent with the planning scheme but may have impacts on surrounding areas and require approval from Council.
A development application is the process of applying to Council to request their assessment of a property change in use (e.g. dwelling to short term accommodation) or land (e.g. subdividing one lot into three lots). A town planning report, usually prepared by a Town Planner, is produced to assess the proposed property changes against the planning scheme as well as any specialist reports that might be required e.g. surveying, traffic assessment, environmental report. If successful, Council Planning Approval provides an endorsement from Council to change the use or land according to the submission. It should be noted that submission of a development application has no guarantee of approval from Council.
6. How do I know if my property complies with the specific code?
If your proposed development is identified in the planning scheme as being accepted development subject to requirements, or if you’ve made changes to your property and unsure if you still comply, DCI & Associates can help you out. We can prepare a Due Diligence Report that assessed either your plans or the changes you’ve made against the relevant codes to identify if you comply or if you do not comply and require a development application.
7. I’ve got Planning Approval sorted out, is there anything else to consider?
When changing the use of a building such as from residential dwelling to short term accommodation, you will need to gain building approval. This is an independent process separate to planning approval and is conducted by a Building Certifier. Building approval is ensuring the building is to the relevant standards for each type of building. For instance, short term accommodation may require additional fire warning features compared to a residential dwelling.
8. Anything else I should know?
Finally, changing the use of your property may impact on other aspects of your finances. You will need to contact your various service providers but these changes could affect:
Council rates.
Council infrastructure charges.
Insurance premiums.
Utility services.
For assistance with your development and to engage DCI to prepare a development application to council on your behalf, please contact us.