
What Are the Legal Requirements for Listing a Property on Airbnb?
Australia’s short-term rental landscape is evolving, with new regulations frequently introduced to address housing availability, community standards, and market fairness. Recent changes, such as Victoria’s introduction of a 7.5% levy on short-stay properties, highlight the need for property owners to stay informed about legal obligations. Navigating these regulations is crucial to avoid fines, penalties, or disruptions that could impact rental income.
AirKeeper’s expertise in short-term rental management ensures property owners can confidently meet compliance requirements without the stress of managing the complexities themselves. By staying ahead of regulatory changes, we help property owners keep their investments running smoothly while providing guests with a safe and enjoyable stay.
Supporting Fairness and Growth
At AirKeeper, we believe that clear regulations are essential for building transparency and trust within the short-term rental industry. Our team actively monitors legislative developments to ensure our clients’ properties remain compliant and competitive. We advocate for fair and balanced policies that support the growth of the short-term rental sector without disproportionately burdening property owners.
By setting consistent standards, regulations help protect the interests of both property owners and guests, fostering a professional and reliable marketplace.
Overview of Airbnb Legal Requirements in Australia
Listing a property on Airbnb involves adhering to several general regulations that apply across Australia. These guidelines are designed to maintain safety, transparency, and compliance for both hosts and guests.
General Rules for All Hosts
Short term rental hosts must ensure their properties meet basic safety and accessibility standards. This includes functional smoke alarms, appropriate emergency exits, and adherence to local fire safety codes. Additionally, hosts are required to provide truthful information in their listings and maintain clear communication with guests regarding house rules and expectations.
Zoning Laws and Permits
Local zoning laws determine whether a property can be used for short-term accommodation. In some areas, permits or special approvals may be required before listing a property on platforms like Airbnb.
Tax Obligations
Income generated through short term rentals is considered taxable and must be reported. Hosts should also be aware of potential Capital Gains Tax implications, particularly for properties partially rented out.
Insurance Considerations
Standard homeowner insurance policies often do not cover short-term rentals. Airbnb offers its Host Guarantee and Liability Insurance programs, but additional short-term rental insurance may be necessary to address coverage gaps.
Legal Requirements by State
Queensland

In Queensland, local councils play a significant role in regulating short-term rentals. Requirements vary depending on the area, with some councils mandating development approvals or permits for properties listed on platforms like Airbnb. For example, the Sunshine Coast Regional Council requires a development application for properties operating as short-term accommodations in certain zones.
Notable Cities
Brisbane: Brisbane City Council is considering introducing a permit system for short-term rentals. While still under review, these permits may involve fees and compliance requirements focused on housing availability and community standards.
Gold Coast: The Gold Coast City Council monitors short-term rental properties closely. While no specific permit system is currently in place, property owners are expected to comply with zoning and residential use restrictions.
Sunshine Coast: The Sunshine Coast has stricter zoning laws, often requiring development approvals for short-term rental properties in low-density residential zones.
Zoning and Noise Restrictions
Statewide, hosts must ensure properties adhere to zoning laws and are in areas approved for short-term accommodation. Noise restrictions and proper waste management are also important considerations to maintain good community relations.
New South Wales

New South Wales (NSW) has implemented specific regulations for short-term rental accommodations (STRA) to address housing availability and ensure community standards. Hosts must comply with state guidelines as well as any additional requirements from their local council.
STRA Regulations and Caps
NSW imposes a cap of 180 days per calendar year for non-hosted properties in Greater Sydney, though this limit may vary outside the metropolitan area. Hosted properties, where the host resides on-site during a guest’s stay, are not subject to this cap.
Registration Requirements
All STRA properties in NSW must be registered through the NSW Government’s STRA portal. The registration process involves providing key property details, including location, owner information, and compliance with planning and safety regulations.
Compliance with NSW Fair Trading
Hosts must comply with the NSW Fair Trading Code of Conduct, which covers guest safety, dispute resolution, and operational standards. Violations, such as noise complaints or misleading listings, can result in penalties, registration suspension, or removal from platforms like Airbnb.
Local Council Requirements
Some local councils may impose additional planning approvals or zoning considerations. For example, properties in high-demand areas may require specific permits or adhere to stricter residential use rules.
Victoria

Victoria has introduced a range of regulations aimed at balancing the growing short-term rental market with housing availability and community concerns. Property owners must navigate statewide rules, including a newly introduced levy, alongside local council requirements.
New 7.5% Short-Stay Levy
Beginning in 2025, Victoria will implement a 7.5% levy on revenue earned from short-stay properties listed on platforms like Airbnb. This levy applies to all short-term rentals and is part of efforts to address housing affordability while maintaining a level playing field across the tourism industry. Hosts should account for this additional cost in their pricing strategies.
Planning Approvals and Zoning Considerations
Properties used for short-term accommodation must comply with local council planning laws, which vary across regions. In Melbourne, some areas may require permits or restrict short-term rentals in residential zones, particularly in areas experiencing high housing demand. Regional councils often have different standards but may still require adherence to zoning rules and building use classifications.
Additional Compliance Requirements
Hosts in Victoria must ensure properties meet basic safety standards, including smoke alarms, emergency exits, and adequate maintenance. Failing to comply with these regulations can result in penalties or fines.
Australian Capital Territory

The ACT does not have specific short-term rental regulations or a mandatory registration system for Airbnb properties. However, property owners must still adhere to general laws and guidelines to operate their short-term rentals legally and responsibly.
Safety Standards
Hosts must maintain safety requirements, including functional smoke alarms, secure emergency exits, and compliance with fire safety codes.
Tax Obligations
Income generated from short-term rentals in the ACT is subject to standard taxation rules. Hosts must report earnings as part of their taxable income and may be subject to Goods and Services Tax (GST) if their total revenue exceeds the threshold. It is essential to maintain accurate records of earnings and expenses for compliance.
Planning and Zoning Laws
Short-term rentals must adhere to zoning laws and building classifications. Some residential areas may have restrictions on short-term accommodation, so it is important for hosts to verify whether their property is eligible. Non-compliance with zoning regulations can lead to penalties or enforcement actions.
Key Legal and Tax Considerations for All Hosts
Operating a short-term rental property involves several financial and legal responsibilities that hosts must understand to remain compliant and maximize their profitability.
Income Tax Reporting
Earnings from Airbnb rentals are considered taxable income under Australian tax law. Hosts must declare this income in their annual tax return, regardless of the property’s occupancy rate. However, hosts can offset taxable income by claiming deductions for expenses directly related to their rental activity, such as cleaning, maintenance, utilities, and platform service fees.
Capital Gains Tax (CGT) Implications
Renting out a property, even partially, may impact Capital Gains Tax exemptions when the property is sold. Hosts should consult a tax professional to understand how Airbnb use might affect their CGT liability, particularly for properties that are also a primary residence.
Goods and Services Tax (GST)
While Airbnb services are not generally subject to GST, hosts who exceed the annual revenue threshold of $75,000 across all income streams may need to register for GST. Keeping detailed financial records is essential for compliance.
Insurance Requirements
Standard homeowner insurance policies often do not provide adequate coverage for short-term rental activities. Airbnb offers liability insurance for hosts, but additional policies tailored to short-term rentals may be required to cover gaps, such as property damage caused by guests or loss of income during repairs.
Key Tips for Staying Compliant
- Keep accurate financial records of all income and expenses.
- Stay informed about your tax obligations, including changes in legislation.
- Consider consulting tax professionals to optimize your deductions and ensure full compliance.
How AirKeeper Helps Property Owners Stay Compliant
Navigating the complex web of short-term rental regulations can be daunting for property owners, but AirKeeper is here to simplify the process. Our expertise ensures that every property under our management meets legal requirements, allowing hosts to focus on maximizing their returns without the stress of compliance.
Proactive Monitoring of Regulatory Changes
AirKeeper continuously monitors local, state, and national regulations to keep our clients informed of any changes that might impact their properties. This proactive approach ensures compliance at all times, helping owners avoid fines or disruptions.
Streamlined Registration and Permits
We can assist in registering properties and obtaining necessary permits. Whether it’s navigating New South Wales’ STRA portal or meeting zoning requirements in Queensland, AirKeeper ensures a seamless process.
Tax Compliance Support
Our team provides guidance on tax obligations, helping property owners accurately report Airbnb income and claim eligible deductions. We also assist in understanding more complex implications, such as GST thresholds and Capital Gains Tax considerations.
Advocating for Fair Regulations
AirKeeper actively engages with industry stakeholders to promote fair and balanced regulations. By advocating for policies that support property owners while fostering transparency and trust, we ensure that short-term rentals remain a viable investment.
By partnering with AirKeeper, property owners gain a trusted ally who takes the guesswork out of compliance, allowing them to enjoy the benefits of short-term rentals with confidence.
Looking for a Partner? Talk to AirKeeper
Understanding and complying with the legal requirements for your short term rental is essential for avoiding fines, penalties, or disruptions. From navigating state-specific regulations to managing tax and insurance obligations, staying compliant ensures a smooth and profitable hosting experience. However, keeping up with evolving rules can be challenging, especially for busy property owners.
That’s where AirKeeper comes in. With our deep expertise in short-term rental management, we take the stress out of compliance, allowing you to focus on what matters most.
Ready for stress-free short-term rental management? Let AirKeeper handle the complexities of compliance while you enjoy the returns. Book a free property appraisal today!