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Property in Byron Shire Council, NSW

Local Council Rules

Airbnb & Short-Term Rental Rules in Byron Shire Council 2026

NSWLast updated: 2026-09-03

Can I Airbnb in Byron Shire Council?

YES, with conditions

Yes, with conditions: 60-night annual cap (non-hosted), registration required.

Check rules for a specific address in Byron Shire Council

Short-Term Rental Regulations

New South Wales State Rules

Registration: Mandatory — NSW Planning Portal STRA Register (register.planning.nsw.gov.au)
Night cap: No state-wide cap
Levy: No state-level STR levy in NSW
Legislation: Housing SEPP
Code of conduct: Mandatory
  • Mandatory registration on the NSW Planning Portal STRA Register for all short-term rental accommodation
  • Non-hosted STRA is capped at 180 nights/year ONLY in designated areas: Greater Sydney (Eastern Harbour City, Central River City and Western Parkland City), the Ballina area, and mapped parts of Clarence Valley and Muswellbrook
  • Everywhere else in NSW, non-hosted STRA is uncapped (365 nights/year)
  • Hosted STRA (host on-site) is uncapped anywhere in NSW
  • Byron Shire sets its own stricter cap — 60 nights/year for non-hosted STRA across most of the shire (365 in the Byron Bay Town Centre and Brunswick Heads), in force 23 September 2024; stays of 21 or more consecutive nights are excluded from the count
  • Fire safety requirements: smoke alarms, evacuation plan, fire extinguisher
  • Code of conduct applies to hosts, guests, and booking platforms

Byron Shire Council Council Rules

Registration: Required — the NSW Planning Portal STRA Register
Night cap: 60 nights/year (non-hosted)
Permit required: No — Exempt development under the Housing SEPP, but the 60-night cap is strictly enforced outside the two mapped precincts. Council actively monitors compliance.
Levy: No council-specific levy
Max penalty: Penalties apply — check current NSW planning enforcement provisions
Fire compliance: Required (smoke alarms, extinguisher, evacuation plan)

Strata Restrictions

Strata by-laws may impose additional restrictions. Most Byron properties are freestanding houses, so strata is less common.

Dual Income / Secondary Dwelling

Allowed
Max floor area: 60 sqm
Min lot size: 450 sqm
Approval pathway: Complying Development Certificate (CDC)
Est. build cost: $140,000 - $230,000
Applicable zones:
R2 Low Density ResidentialR3 Medium Density ResidentialR5 Large Lot Residential
  • Popular option in Byron for additional rental income
  • Council encourages long-term rental supply
  • Must comply with flood planning levels in low-lying areas
  • Some areas have environmental overlays that add complexity

Key Zoning Information

Zone CodeZone NameSTR PermittedDual Income
R2Low Density ResidentialYesYes
R3Medium Density ResidentialYesYes
R5Large Lot ResidentialYesYes
B1Neighbourhood CentreYesNo

Frequently Asked Questions

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Related Councils

Byron Shire Council
NSW — 60-night cap
Noosa Shire Council
QLD — No night cap
Ballina Shire Council
NSW — 180-night cap
Waverley Council
NSW — 180-night cap
City of Sydney
NSW — 180-night cap
Northern Beaches Council
NSW — 180-night cap