Strata by-laws and short term holiday letting – New laws passed

Contents

The New South Wales government has passed legislation to prescribe when strata schemes are able to restrict lots from being used for short-term rental accommodation.

The legislation provides that an owners corporation can prohibit short-term holiday letting where the lot is not the principal place of residence of the person who is giving another person the right to occupy the lot.

A by-law will not be effective to the extent that it seeks to impose a blanket prohibition on short-term rental accommodation. A strata occupant can let their property on a short-term basis provided that it remains their principal place of residence.

Whilst the new laws have passed both houses of parliament, they will only come into force once they have the assent of the Governor. In preparation for this occurring, owners corporations should be reviewing their by-laws to identify whether they comply with the new legislation and to consider whether updates are required.

Lorri Field

Lorri is a director of PDC Law. Lorri combines excellent technical expertise with a common-sense approach to best represent her clients. She is one of few Accredited Specialists in Commercial Litigation in the Illawarra and Shoalhaven. This accreditation is testament to Lorri’s expert knowledge and skill in dealing with commercial disputes. In 2019 Lorri was awarded Regional Lawyer of the Year by Women Lawyers Achievement Awards.

Recent articles

Browse some recent articles from the PDC Law blog.

Strategies for Safeguarding Your Business Assets

Introduction If you had an insight into the future, how would you ensure that your business continued if you passed away? Who would need to be hired to take your place if you were suddenly incapacitated? How would you ensure that any dependants were properly safeguarded?  For business owners, there are three key strategies that…

Victoria Absolon

National Construction Code Updates for Builders & Developers (Updated December 2025)

Introduction The NCC is Australia’s primary set of technical design and construction provisions. Since the 2019 changes, the code has undergone significant reforms. In 2025, new amendments and the NCC 2025 edition have reshaped compliance requirements for builders, developers, and contractors. Key NCC 2025 Changes 2019 vs 2025 NCC Changes Comparison Feature2019 NCC Changes2025 NCC…

Lorri Field
Builder reviewing a plan with respect to National Construction Code

Amendments to the Design & Building Practitioners Act (Updated December 2025)

Introduction Since the 2023 reforms, further changes have been introduced in 2024 and 2025 to ease compliance pressures on builders, designers, and certifiers. These amendments affect boarding houses, hostels, aged care facilities (Class 3 and 9c buildings), as well as mixed-use developments. Current Rules (2025) Key 2025 Amendments Timeline of Reforms YearReform2023DBP Act extended to…

Lorri Field
Call (02) 4288 0150 phone