Brisbane does not currently have a dedicated Airbnb or short-term accommodation permit scheme. Owners and landlords still need to check planning requirements, building approvals and body corporate rules before listing a property.
This article explains what applies now and how a body corporate can respond to short-term-letting concerns.
What approvals may still apply to Brisbane short-term accommodation?
The proposed Brisbane permit scheme is not proceeding. There is no current dedicated council permit application process.
Planning requirements may still apply to some forms of short-term accommodation. Brisbane City Council says operators should check zoning, neighbourhood plans, overlays and the relevant Home-based business code. A bed and breakfast may need planning approval or building approval, although some proposals may be accepted development.
The approval position can depend on the type of accommodation and the property. Check the council requirements for your particular proposal instead of assuming that an Airbnb permit is needed.
You can read more about short-term rentals in Queensland.
Can a Queensland body corporate ban Airbnb or short-term letting?
A body corporate cannot ban short-term letting simply by passing a by-law. Queensland body corporate by-laws cannot restrict the type of residential use of a residential lot, stop or restrict a lease, or be unreasonable.
A body corporate can make or change by-laws about the use of lots, common property, facilities and behaviour. Any new rule must comply with the Body Corporate and Community Management Act 1997 and be recorded in the community management statement.
A scheme may develop practical rules for conduct and common property use, but those rules should not be framed as an outright prohibition on short-term accommodation. Get appropriate advice before proposing a significant by-law change.
What can a body corporate do about noise, nuisance and guest behaviour?
A body corporate can address conduct that breaches an existing by-law. By-laws regulate use of lots and common property and the behaviour of owners and occupiers; tenants must comply with them.
Start by recording the dates, times, communications and by-law that may have been involved in a breach. The committee can first speak informally with the owner or occupier. If the issue continues, the formal process generally starts with a by-law contravention notice.
A continuing contravention notice may address an ongoing breach. A future contravention notice may be appropriate where a breach is likely to happen again, for example, repeated parties that breach a noise by-law.
See our guide to managing disruptive behaviours in short-term letting.
How should a committee respond to short-term-letting concerns?
The committee should address the conduct causing the concern and apply the scheme’s existing rules. This keeps the response proportionate and connected to those rules.
A practical response may include:
- reviewing the relevant by-laws
- recording complaints and supporting evidence
- contacting the lot owner or occupier
- checking whether common property is involved
- issuing the correct notice if a breach is established
- communicating a consistent process to residents.
The body corporate is responsible for enforcing its own by-laws. An owner or occupier can also ask the body corporate to act by giving it the approved notice about an alleged breach. See our guide to enforcing by-laws.
What should owners and landlords check before listing a property?
Before listing a Brisbane property for short-term rental, check:
- whether council planning or building approval may apply
- the scheme’s registered by-laws
- rules about noise, parking, rubbish, access and common property
- how guests will receive the by-laws and house rules
- how complaints and urgent issues will be handled
- whether the property remains suitable and safe for occupants.
Landlords should also remember that tenants and occupiers must comply with the body corporate’s by-laws. Tenants must comply with the by-laws and should receive a copy when their lease starts.
Brisbane has no dedicated Airbnb permit, but planning requirements and enforceable body corporate rules can still affect short-term letting. If your committee needs help with by-law enforcement or a proposed rule change, contact StrataCare at reception@stratacare.com.au.
