The Two Categories The Local Law Zoning & Where It's Permitted Body Corporate What to Verify Home Hosted Accommodation Due Diligence Checklist

Two categories. One local law.

Noosa Council distinguishes between two forms of short term accommodation, each with its own rules and approval pathway under the one local law framework adopted in 2021.

Short Stay Letting Home Hosted Accommodation
Definition The whole property is let to guests while the owner is absent The owner resides on the property during every stay
Platforms Airbnb, Stayz, booking.com and similar Airbnb and similar — but owner must be present
Common form Whole-house or whole-unit rental B&B style, spare room or studio with owner on site
Local law approval Required — one-off application, annual renewal Required — one-off application, annual renewal
Planning scheme Must be in a Short Stay Accommodation Area or have separate DA May be code-assessable — different assessment pathway
Body corporate By-laws may prohibit regardless of council approval By-laws may also restrict — always check
The owner-presence distinction is the critical difference. If the owner does not reside on the property during every guest stay, it is short stay letting — not home hosted accommodation — regardless of how it is described or marketed.

The local law — what it requires

Noosa Council adopted a local law specifically regulating short stay letting and home hosted accommodation on 21 October 2021. It commenced on 1 February 2022 and applies to all existing and new properties operating in either category.

What the local law does

The local law operates as a management and compliance layer on top of the planning scheme. Even where the planning scheme permits short stay letting in a zone, a separate local law approval is still required. The two operate independently — you need both.

The local law is designed to reduce impacts on permanent residents and residential amenity by setting conditions on how short stay properties must be managed, including requirements for a local contact person who can respond to complaints within a defined timeframe, and a code of conduct for guest behaviour that must be provided to every guest.

Approval requirements

All properties operating as short stay letting or home hosted accommodation require a one-off application to Council under the local law. There is no exemption for properties that were operating before February 2022 — all must hold an approval. Approval must be renewed annually. Properties operating without a current approval are in breach of the local law.

A local contact person must be designated — someone who can be reached at any time and respond to guest complaints within a specified period. This person does not need to be the owner but must be available and contactable.

01

Confirm planning scheme eligibility

Before even considering the local law, confirm the property sits in a Short Stay Accommodation Area or has a specific development approval permitting short stay use. Without this, local law approval cannot make the use lawful.

02

Apply for local law approval

Lodge a one-off application with Noosa Council. The application requires property details, confirmation of a local contact person, and acknowledgement of the code of conduct requirements.

03

Renew annually

Approval must be renewed each year. A lapsed approval means the property cannot lawfully operate. Buyers purchasing a short stay property should confirm a current, valid approval is held at the time of settlement.

04

Maintain compliance

Conditions including the local contact person requirement and guest code of conduct must be maintained throughout the approval period. Breaches can result in conditions being imposed or approval being revoked.

Zoning & where it's permitted

Not all properties in Noosa can lawfully operate as short stay letting. The Noosa Plan 2020 designates specific areas where short stay is permitted as of right. Outside those areas, a separate development approval is required — and approval is not guaranteed.

Short Stay Accommodation Areas

The Noosa Plan identifies designated Short Stay Accommodation Areas where short stay letting is an accepted use within the applicable zone. Properties within these areas can proceed with a local law approval without needing a separate development approval (DA) for the use itself.

The designated areas broadly align with the main coastal tourism precincts — Noosa Heads, Noosaville, Sunshine Beach and parts of the coastal zone. However, the boundaries are specific and a property being near a tourist precinct does not confirm it is within a designated area.

Properties outside designated areas

Properties outside a Short Stay Accommodation Area require a Material Change of Use development approval from Noosa Council before short stay letting can legally operate. This is a formal planning process with no guaranteed outcome. In many residential zones, short stay letting is impact assessable — meaning it requires public notification and is subject to independent submissions.

The presence of a local law approval does not override the planning scheme. A property can hold a local law approval and still be operating unlawfully if it is outside a designated area without a DA.

Within Short Stay Accommodation Area
Local law approval required. No separate DA needed for the use.
Permitted
Outside designated area — Tourist zones
May be permissible with DA. Assessment outcome not guaranteed.
DA Required
Outside designated area — Residential zones
Impact assessable in most cases. Public notification required. High uncertainty.
Impact Assessable
Rural zones — owner not present
Generally not permitted without DA. Owner-presence requirement typically applies.
Restricted
Medium & High Density Residential zones (existing approvals)
September 2025 cap — no net new approvals permitted in these zones.
Capped
How to check: Use the Noosa Plan interactive mapping to confirm whether a specific property sits within a Short Stay Accommodation Area. Do not rely on the selling agent's representation or the property's current operation — always verify through the planning scheme and a council records search.

Body corporate — the third layer

For units, townhouses and other strata-titled properties, body corporate by-laws operate as a third layer of restriction that can prohibit or significantly limit short stay letting regardless of what the council planning scheme and local law permit.

A body corporate can adopt by-laws that prohibit short term rentals within the scheme. These by-laws are legally enforceable and take precedence over any individual owner's desire to short-let. A property may sit within a Short Stay Accommodation Area, hold a current local law approval, and still be effectively prohibited from operating as short stay by the body corporate.

Conversely, a body corporate cannot require owners to allow short stay letting — by-laws can restrict but not compel. If a building is known as a short stay building, check whether the by-laws actively permit it or simply haven't restricted it yet.

What to check in body corporate records

  • Review the current by-laws for any prohibition or restriction on short term letting, including any minimum stay requirements
  • Check whether the by-laws have been recently amended or whether a motion to amend them is on the agenda — restrictions can be introduced by ordinary resolution in some circumstances
  • Confirm whether the sinking fund or administrative fund is in good standing — a depleted fund or pending special levy can affect ongoing costs significantly
  • Ask for the most recent body corporate meeting minutes — they can reveal disputes, pending restrictions or management issues that affect short stay viability
  • Where short stay income is central to your purchase decision, engage a body corporate specialist to review the records and advise on risk
September 2025 context: Following Noosa Council's cap on new short stay approvals in medium and high density residential zones, some bodies corporate have moved to introduce or tighten by-law restrictions. Buyers should check the current position and whether any pending motions exist.

What to verify before you buy

If you are purchasing a property with short stay income as part of your decision, the following checks are non-negotiable. Verify these before going unconditional — not after.

  • Planning scheme check: Confirm the property is within a designated Short Stay Accommodation Area using the Noosa Plan interactive mapping. If it is not, confirm whether a development approval for short stay use has been obtained and is current.
  • Local law approval: Confirm a current local law approval is held by the seller. Request a copy. Confirm it has been renewed for the current period and is not subject to any conditions that would be difficult to meet.
  • Council records search: Obtain a planning and land records search through Noosa Council to confirm approval history, any enforcement notices or show cause notices related to the property or its short stay operation.
  • Body corporate records (units and townhouses): Obtain and review the full body corporate disclosure statement, current by-laws and recent meeting minutes. Confirm short stay letting is not prohibited and no pending motion to restrict it exists.
  • Income verification: If short stay income history has been provided by the seller or agent, verify it against platform data or booking records. Projected income is not the same as historical income.
  • Local contact person obligation: Confirm who will fulfil the local contact person role post-purchase. If you are buying from interstate or overseas, this is a practical operational requirement that needs to be arranged before settlement.
  • September 2025 cap (Medium and High Density zones): If the property is in a Medium Density or High Density Residential zone, confirm whether the approval cap affects your ability to continue operating or obtain a new approval at settlement.
  • Existing use rights (if applicable): If the seller is representing that existing use rights support the short stay operation, seek independent legal advice on whether those rights exist, are documented and will transfer to you as the new owner.

Home Hosted Accommodation — the owner occupied pathway

Home hosted accommodation is a distinct category where the owner or permanent resident hosts guests while residing on the property throughout every stay. It has its own assessment pathway under both the local law and the planning scheme.

What distinguishes it

The defining feature of home hosted accommodation is the owner's continuous presence. This is not simply a matter of being in the same suburb or being reachable by phone — the owner or a permanent resident must physically reside on the property during every guest stay. If the owner vacates while guests are present, the arrangement becomes short stay letting, not home hosted accommodation, and requires the corresponding approvals.

This model is common in rural and hinterland properties where an owner hosts guests in a separate cottage or studio while living in the main dwelling, and in coastal areas where an owner lets a spare room or self-contained studio.

Planning scheme treatment

Under the Noosa Planning Scheme, home hosted accommodation may be code-assessable rather than requiring a full Material Change of Use impact assessable process, provided certain criteria are met. These criteria typically include that the host is a permanent resident, that guest numbers and rooms are within specified limits, and that the residential character of the property is maintained.

The planning scheme treatment of home hosted accommodation differs from short stay letting — it is not constrained to Short Stay Accommodation Areas in the same way. However, this does not mean it can be established anywhere without assessment. Always confirm the applicable code requirements for the specific zone before purchasing with this intent.

Local law approval — same requirement

Regardless of planning scheme treatment, home hosted accommodation requires a local law approval from Noosa Council on the same basis as short stay letting — a one-off application with annual renewal, a designated local contact person and compliance with the guest code of conduct.

Rural and hinterland context: In rural zones where short stay letting by an absent owner is generally not permitted, home hosted accommodation — where the owner lives on site — can be an available pathway. Buyers of rural properties considering this model should confirm the applicable planning scheme criteria carefully, as the specifics vary between zones.

Short stay due diligence checklist

Use this checklist when assessing any property where short stay income is part of the purchase rationale. Complete every item before going unconditional.

Planning & Zoning
  • Confirm property is within a Short Stay Accommodation Area (or has a current DA for short stay use) using Noosa Plan mapping
  • If outside a designated area, confirm whether a Material Change of Use approval has been obtained and is current
  • Check whether the September 2025 approval cap applies (Medium and High Density Residential zones)
  • If relying on existing use rights, obtain independent legal advice on their status and transferability
Local Law Approval
  • Obtain a copy of the current local law approval and confirm it is not expired
  • Confirm the approval has been renewed for the current annual period
  • Identify who the designated local contact person is and confirm they can continue in that role post-settlement or arrange a replacement
  • Check whether any conditions or complaints are noted on the approval
Body Corporate (if applicable)
  • Obtain and read the full body corporate disclosure statement
  • Review current by-laws for any restriction or prohibition on short stay letting
  • Review recent meeting minutes for any pending motions or disputes regarding short stay
  • Confirm sinking fund and administrative fund are in good standing
Council Records
  • Conduct a planning and land records search with Noosa Council
  • Confirm no enforcement notices or show cause notices are registered against the property
  • Request the full approval history for the property
Income & Operations
  • Verify any income history provided against booking platform data or actual records — do not rely on projected income alone
  • Confirm occupancy rates are realistic for the property's location, seasonality and competition
  • Factor in platform fees, management fees (if using a property manager), cleaning costs, council levies and annual approval renewal fees into your yield calculation
  • Confirm who manages the property and whether that arrangement continues post-settlement or needs to be renegotiated
Legal
  • Engage a solicitor with experience in Noosa property to review all short stay related representations and approval documents
  • Confirm how the local law approval is treated at settlement — transfer, cancellation or new application
  • If purchasing through a company or trust, confirm how approval requirements apply to the new entity

Considering a property with short stay potential?

The short stay landscape in Noosa is complex and has changed significantly in recent years. Getting the right advice before you commit is far less costly than discovering an approval issue after settlement.

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