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What is the Byron Bay 60-Day Cap?
The Byron Bay 60-Day Cap is a specific planning control that restricts non-hosted Short-Term Rental Accommodation (STRA) in most parts of the Byron Shire to a maximum of 60 booked nights per calendar year. Introduced by the Byron Shire Council and the NSW Government, this regulation aims to increase the availability of long-term housing for permanent residents.
The cap does not apply to hosted STRA, where the owner resides on the property during the guest's stay.
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How it works
Property owners with non-hosted STRA in the designated Byron Shire areas must register their property on the NSW Government's STRA register. This register, along with data from booking platforms, is used to monitor and enforce the 60-day limit.
The cap applies to the property for the entire calendar year, regardless of any change in ownership. Certain precincts with specific commercial or tourist zoning are exempt from the cap, allowing for year-round (365-day) short-term letting.
Why it matters
For vacation rental owners and managers in Byron Bay, this cap significantly impacts potential revenue and operational strategies for non-hosted properties. It necessitates a choice between limiting short-term bookings to 60 days, converting the property to a long-term rental, or confirming eligibility for an exemption.
This regulation exemplifies a growing trend of local governments implementing stricter rules to manage the effects of tourism on local housing markets.
Examples
- An owner of a non-hosted apartment in Byron Bay town centre can only accept bookings via platforms like Vrbo or their direct booking site for a cumulative total of 60 nights within a calendar year.
- A property investor with a second home in Suffolk Park, finding the 60-day limit financially unviable for holiday letting, decides to rent it out on a 12-month lease instead.
- A host living in their main residence at Wategos Beach rents out a self-contained studio on the same property. As this is considered 'hosted' accommodation, they are exempt from the 60-day cap and can accept bookings all year.
- A property management company must carefully track the booked nights for each non-hosted property in its Byron Shire portfolio to ensure compliance and avoid penalties, adjusting revenue forecasts accordingly.
Frequently asked questions
What is considered 'non-hosted' STRA under the Byron Bay cap?+
Are there any exemptions to the 60-day cap?+
How is the 60-day cap enforced?+
Does the 60-day count reset if the property is sold?+
Related terms
NSW Short-Term Rental Accommodation Code of Conduct
The NSW Short-Term Rental Accommodation (STRA) Code of Conduct is a mandatory legal framework in New South Wales, Australia, that sets behavioral standards for…
Zoning Laws
Zoning laws are municipal or county regulations that dictate how property in specific geographic zones can be used, which directly impacts the legality and…
Long-Term Rental
A long-term rental is a property leased to a tenant for an extended period, typically six months or longer, under a formal lease agreement. Unlike short-term…
Registration Number
A unique identifier issued by a government or municipal authority that legally authorizes a property to operate as a short-term rental. This number is often…