A Property Owner’s Guide to Western Australia’s Short Term Rental Laws

Western Australia has introduced a new regulatory framework for Short-Term Rental Accommodation (STRA). If you own or are considering operating a short-term rental in WA, here’s what you need to know.  

Hosted vs Unhosted STRA 

There are two categories of STRA: ‘hosted’ and ‘unhosted’. 

Hosted STRA is where the owner, occupier or agent ordinarily lives at the same dwelling or on the same lot during the STRA arrangement (e.g. making a room in your house available to guests while you are living there).[1] Hosted STRA does not require development approval, though registration is still required. Rules for hosted STRA are consistent across the state.  

Unhosted STRA is where the owner does not reside at the property during the STRA arrangement - including where a host makes their principal place of residence (the home they ordinarily live in) available while they are away. Unhosted STRA can accommodate up to 12 guests per night, and the rules that apply will depend on where your property is located.[2]

Registration

All STRA operators, hosted and unhosted, are required to register their property on the state-wide STRA Register through the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) portal. Registration must be renewed annually.

Where Your Property is Located Matters

For unhosted STRA, the rules differ depending on location.[3]

●      Perth Metropolitan Area: A consistent set of rules applies across the metro area. If you operate an unhosted STRA, your property can be booked for up to 90 nights in a 12 month period without requiring development approval - beyond that threshold, development approval is required. Compliance with the 90-night limit is tracked automatically through the statewide STRA Register.  

●      Regional WA: There is no uniform framework for regional areas. Local governments have discretion to determine whether development approval is required, taking into account housing availability, tourism demand and other planning considerations.[4] If your property is located in Regional WA, you should contact your local government before registering to confirm whether development approval is required. 

Ongoing Obligations

All STRA operators must keep their registration details up to date and ensure they comply with applicable local planning schemes and policies - not just the statewide STRA framework. Non-compliance can have serious consequences, so it is important to stay across any changes to local rules that affect your property.

Conclusion

A council refusal or adverse decision on your STRA application is not necessarily final. Our team can guide you through your appeal rights and options, whether you’re contesting a refusal, challenging approval conditions or seeking clarity on next steps. 

[1] Planning and Development (Local Planning Schemes) Amendment (Short-Term Rental Accommodation) Regulations 2024, r 6

[2] Planning and Development (Local Planning Schemes) Amendment (Short-Term Rental Accommodation) Regulations 2024, r 6

[3] Position Statement: Planning for Tourism and Short-term Rental Accommodation 2024, 5.4.2.2

[4] Ibid. 

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