Planning and local law

Planning and local law answer different questions

Noosa's planning scheme determines whether the proposed use is accepted development, requires development approval or is identified as an inconsistent use in the relevant zone.

The Short Stay Letting and Home Hosted Accommodation Local Law regulates how short stay premises are operated. It includes approval, management, contact person, guest conduct and record keeping requirements.

A buyer should confirm both the planning position and the local law position. Approval under one system does not resolve the requirements of the other.

Terminology

Terminology used across both systems

Short term accommodation

Under the Noosa Plan 2020, short term accommodation is a defined land use involving accommodation provided to tourists or travellers for less than three consecutive months. It does not include every form of visitor accommodation.

Short stay letting

Under the local law, short stay letting generally involves guests staying at a property while the owner or permanent resident is not residing there.

Home hosted accommodation

Home hosted accommodation involves a resident remaining onsite while guests are accommodated. Its planning treatment can differ from letting an entire dwelling while the resident is away.

The terminology used by the planning scheme and local law is not identical. Buyers should confirm how the proposed arrangement is classified under both systems.

Planning

Start with the lawful planning basis

The current Noosa Plan 2020 includes Amendment 3, which commenced on 20 March 2026. Amendment 2, which commenced on 26 September 2025, introduced the major changes affecting future short term accommodation in residential, centre, rural and rural residential areas.

The planning pathway depends on the property's zone, the type and frequency of accommodation and whether the use relies on:

  • Accepted development
  • Accepted development subject to requirements
  • An existing development approval
  • Existing lawful use rights
  • An eligible superseded planning scheme approval
  • A new development application

A property's current operation or online listing does not establish a lawful planning basis. Confirm the position through Noosa Council records and obtain planning or legal advice where the history is unclear.

Occasional letting of a principal place of residence

In several zones, occasional short term letting of an entire principal place of residence may be accepted development subject to requirements when:

  • The dwelling is the applicant's principal place of residence
  • It is let on no more than four occasions in a calendar year
  • The total period does not exceed 60 nights in a calendar year
  • Only one self contained dwelling is let at a time
  • The accommodation does not use a secondary dwelling
  • The applicable guest bedroom, parking, amenity and code requirements are satisfied

Meeting the booking and night limits alone does not confirm compliance. All applicable planning requirements must be checked for the property and zone.

Ongoing or frequent letting

Under the current planning scheme, ongoing or frequent short term accommodation of an entire dwelling is identified as an inconsistent use in the Low, Medium and High Density Residential zones.

An inconsistent use may require impact assessment and public notification. Approval is not guaranteed.

Different provisions apply in the Tourist Accommodation, Rural Residential, Rural and other zones. The property's exact zone and assessment table should be checked rather than relying on its suburb or proximity to a tourism precinct.

Existing approvals and use rights

Amendment 2 was not retrospective. Lawful development approvals granted before the amendment can continue subject to their conditions.

Some properties may also rely on existing lawful use rights or an eligible superseded planning scheme approval. These positions are fact specific and may require evidence of how and when the use commenced and whether it has continued lawfully.

Do not assume that a previous booking history establishes existing use rights. Have the approval documents and planning history reviewed before relying on short stay use as part of a purchase decision.

The local law

Operational approval and ongoing responsibilities

Noosa Council's Short Stay Letting and Home Hosted Accommodation Local Law commenced on 1 February 2022.

Properties operating as short stay letting or home hosted accommodation generally require an initial local law approval followed by annual renewal. Certain identified premises are exempt, including specified visitor accommodation sites and the Hastings Street Mixed Use precinct.

A buyer should confirm whether the property:

  • Requires local law approval
  • Falls within a current exemption
  • Holds the correct approval for the activity
  • Has completed its current annual renewal
  • Is subject to additional approval conditions
  • Has any recorded compliance concerns

Management requirements

Where local law approval is required, the conditions can include:

  • A contact person available 24 hours a day
  • The contact person residing or having a place of business within 20 kilometres of the premises
  • A response to complaints within 30 minutes
  • Display of the required approval notice
  • A guest code of conduct
  • Guest and complaint registers
  • Waste, parking and amenity requirements

The conditions applying to the particular approval should be reviewed rather than relying only on a general summary.

Changes in ownership or operation

Noosa Council provides processes for transferring or changing a short stay letting or home hosted accommodation approval.

Before settlement, confirm with Council and the buyer's solicitor:

  • Who currently holds the approval
  • Whether a transfer or change application is required
  • What documents and fees apply
  • Whether the operation must pause while the application is processed
  • Whether the proposed manager or contact person needs to be changed
Body corporate

What a buyer should still review

For a property in a community titles scheme, body corporate records remain an important part of due diligence.

Under current Queensland law, a body corporate generally cannot use a by-law to prohibit or restrict the type of lawful residential use of a lot. It also cannot prevent a lawful dealing with a lot, such as leasing it.

Valid by-laws can still regulate behaviour and the use of common property, including:

  • Noise and nuisance
  • Parking
  • Waste management
  • Access and security
  • Use of shared facilities
  • Conduct affecting other owners and occupiers

Whether the proposed short stay use is lawful remains a planning and local law question. Body corporate by-laws do not replace those requirements.

Have a Queensland property solicitor review the community management statement and any by-law that appears to restrict short term letting.

Body corporate records checklist

Review:

  • The community management statement and current by-laws
  • Recent meeting minutes
  • Financial statements and budgets
  • Current levies and proposed special levies
  • Insurance information
  • Caretaking and letting agreements
  • Complaints or disputes affecting the scheme
  • Rules governing noise, parking, waste and common property

Seller disclosure material and a body corporate certificate may not contain every record relevant to the scheme. Consider obtaining a separate body corporate records search and have the documents reviewed by a Queensland property solicitor.

Home hosted accommodation

When the resident remains onsite

Home hosted accommodation generally involves a resident remaining at the property while guests are accommodated. Under the planning scheme, this may be treated as a home based business rather than short term accommodation.

The applicable requirements depend on the zone, property type, guest rooms, guest numbers, facilities, parking and other site conditions.

A separate cottage, studio or secondary dwelling should not automatically be assumed to qualify. Noosa Council's current planning requirements should be checked for the particular property and proposed arrangement.

Home hosted accommodation can also require approval and annual renewal under the local law unless an exemption applies.

Due diligence

What to verify before you buy

If short stay use or income forms part of the purchase decision, complete the relevant checks before signing where possible, or within any investigation period provided by the contract.

Planning
  • Confirm the current zone and relevant assessment table
  • Identify the lawful planning basis for the intended use
  • Obtain copies of any development approval and conditions
  • Verify any claimed existing use rights through appropriate records and advice
  • Confirm whether the proposed use requires a new development application
Local Law
  • Confirm whether local law approval or an exemption applies
  • Obtain the current approval and conditions where required
  • Confirm annual renewal status
  • Check whether any transfer or change application is required
  • Review management, contact person and record keeping obligations
Body Corporate
  • Review the community management statement and by-laws
  • Review meeting minutes, financial records, levies and insurance
  • Check for complaints or disputes that may affect operation or ownership
  • Obtain legal advice on any by-law that appears to restrict short term letting
Operating Position
  • Verify actual income and booking records where they are relevant to the purchase
  • Allow for management, cleaning, platform, insurance, rates, maintenance and approval costs
  • Confirm whether existing management and booking arrangements continue after settlement
  • Treat occupancy and income estimates as guidance rather than guaranteed returns
Legal Review
  • Have a Queensland property solicitor review the contract, seller disclosure material and approval documents
  • Make sure the contract provides enough time and suitable rights to complete the required investigations
  • Confirm how approvals and operational arrangements will be handled at settlement

Buyer takeaway: A property may appear suitable for short stay accommodation while still having planning, approval or operational limitations. Confirm the complete position before treating short stay income or personal use as part of the purchase decision.