To operate a bed and breakfast, holiday, or other short-term accommodation, you may need to obtain approval. Find out about requirements and how to apply.
Definitions
- Airbnb: is a residential property that hosts rent on a short-term basis to travellers. Important note: Airbnb is not a land use under the City's planning scheme and refers more to the online hosting platform.
- Bed and breakfast: A dwelling used by a resident of the dwelling to provide short-term accommodation, including breakfast, on a commercial basis for not more than four adult persons or one family; and containing not more than two guest bedrooms.
- Dwelling: a building or portion of a building being used, adapted, or designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family.
- Holiday house: A single dwelling on one lot used to provide short-term accommodation but does not include a bed and breakfast.
- Holiday accommodation: Two or more dwellings on one lot used to provide short term accommodation for persons other than the owner of the lot.
- Hosted Short-term Rental Accommodation: where the host lives on the site/property.
- R-Codes (Residential Design Codes): Provide planning and design provisions for residential development across Western Australia. They govern aspects like building height, setbacks, and lot coverage to ensure quality and consistency in residential zones.
- Serviced apartment: A group of units or apartments providing – (a) (b) self-contained short stay accommodation for guests; and any associated reception or recreational facilities.
- Short-term accommodation: Temporary accommodation provided either continuously or from time to time with no guest accommodated for periods totalling more than three (3) months in any 12 month period.
- Unhosted Short-term Rental Accommodation: where guests have use of the entire dwelling.
Overview of requirements
The City of Joondalup promotes diverse accommodation types to boost tourism and other local activities. In evaluating short-term accommodation applications, the City focuses on ensuring that the location, design, and management of these facilities are well-integrated with the community and do not negatively impact the local area.
Following is an overview of approval requirements:
- Planning approval: Due to the changes to the planning regulations, short-term accommodation premises which are hosted (such as bed and breakfasts) and some unhosted premises no longer require planning approval. Refer to the information provided below to determine whether planning approval is required.
- Building approval: A building permit is required for constructing a new building or making additions to an existing building. An occupancy permit may also be required.
- Environmental Health approval: If your short-term accommodation business provides food to guests, you must register with the City as a food business. Also, if guests are allowed to use an ‘aquatic facility’ such as a swimming or spa pool, the water body also requires approval as an aquatic facility. Exemptions may apply for approval of aquatic facilities. To learn more, visit the Department of Health website.
Whether approval is required or not all short-term accommodation premises will need to register on the State Government's Short-Term Rental Accommodation Register.
Important note: Before proceeding with your applications, we strongly recommend contacting the City via email to discuss your specific project. This initial consultation allows us to provide tailored guidance on the approvals required and the recommended order for application submissions. This step is crucial to ensure that you follow the correct process for your business needs.
State Government short-term rental accommodation reform
The State Government has finalised amendments to the Planning and Development (Local Planning Schemes) Regulations 2015 (LPS Regulations) introducing new planning requirements for Short-Term Rental Accommodation (STRA) properties across Western Australia.
The amended planning regulations are part of the State Government’s suite of STRA reforms, which aims to deliver fairer and more consistent regulation of the sector.
The key changes introduced on Wednesday 18 September 2024 include:
- State-wide planning exemptions for hosted STRA.
- New planning exemptions for un-hosted STRA in the Perth metropolitan area where the owner does not intend to rent their property out for more than 90 nights within a 12 month period.
- Regional local governments (including Peel) will still have the flexibility to determine planning approval requirements for un-hosted STRA based on local conditions and needs.
- New definitions to be introduced into all local government planning schemes which deal with STRA.
- Revised tourism land uses that can be adopted into local government planning schemes.
The changes do not include limitations or caps on the number of nights a property can be leased on the short-term market in WA.
STRA owners and operators should contact their local councils about the new planning regulations and their requirements.
Planning approval may not be required for all Short-Term Rental Accommodation (STRA) (or Short-term Accommodation) proposals.
Amendments have been made to planning regulations to provide greater consistency and certainty about whether a planning approval is needed for STRA proposals. They also introduce a consistent set of definitions for STRA to be used within all local government planning schemes in Western Australia, to ensure that STRA is treated as a specific type of land use, distinct from 'traditional accommodation' such as hotels, motels and serviced apartments.
Amendments to the Planning & Development (Local Planning Schemes) Regulations 2015 (LPS Regulations) set out when planning approval is required for STRA:
Where STRA is not either exempt or a permitted use, a planning development approval will be required from the applicable local government. The development approval process allows local governments to assess a proposal in more detail to determine whether it is appropriate for a location and may also include consultation with neighbouring landowners.
Hosted STRA
Hosted STRA is exempt from requiring planning approval within Western Australia. However, it is important to note that hosted STRA still requires registration.
Hosted STRA includes ancillary dwelling, or 'granny flats', where the host lives in the primary dwelling on the property. A host may alternatively live in the ancillary dwelling, with the primary dwelling being rented out as STRA.
Unhosted STRA
If an unhosted STRA operator within the Perth metropolitan are intends to rent out a property on a permanent basis, development approval from the local government should be obtained prior to operation. STRA Operators within Perth should contact their local government to confirm specific development approval requirements prior to registration.
An exemption from the requirement to obtain development approval applies within the Perth metropolitan area where unhosted STRA is leased for 90 nights or less (non-consecutive) within a 12 month period, as per the date of registration.
The 90 night exemption caters for property owners who wish to let out their primary residence for unhosted STRA on a temporary basis (such as when on holidays, for example) without needing development (planning) approval, however registration is still required. The exemption is monitored through booking events collected as part of the STRA Register.
The STRA Register, underpinned by the Short-Term Rental Accommodation Act 2024, collects information on the STRA sector in Western Australia. Detailed information on the register, including how to sign-up and contact details for specific queries, can be found at the dedicated Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) website Short-Term Rental Accommodation Register.
All STRA operating in Western Australia must be registered by 1 January 2025, regardless of whether a planning (development) approval is required or not. Being registered will allow bookings to be taken for a STRA property. As part of the STRA registration process, demonstration of planning (development) approval may be required.
STRA owners must comply with all existing local planning laws, which may include needing development approval. Local governments will be amending their local planning schemes during 2025 so where required, development approvals can be obtained by 1 January 2026.
How to apply for short term accommodation approval
Before applying for planning approval, thoroughly review the 'Changes to the planning regulations' information above and the City's Short-term accommodation Local Planning Policy for requirements of short-term accommodation. It's also highly recommended to discuss your project with the City’s Planning Services team before submitting your application. This consultation can clarify specific requirements relevant to your business.
When ready to apply, please refer to the Requirements for planning applications page for detailed instructions, including application form, checklist, and fees.
If you have confirmed that a permit is required, the application form, checklist, assessment process, and fees can be found on the Requirements for building applications page.
If your business will provide food to guests, learn how to register as a Food business.
Also, if guests are allowed to use an ‘aquatic facility’ such as a swimming pool or spa, the water body also requires approval as an aquatic facility. Exemptions may apply for approval of some aquatic facilities. To learn more, visit the Department of Health website.
More information and contact
For more information about approval of short-term accommodation businesses, please contact the City on 9400 4000 or info@joondalup.wa.gov.au.