Property in Byron Shire Council, NSW

Local Council Rules

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

NSWLast updated: 2026-03-15

Can I Airbnb in Byron Shire Council?

YES, with conditions

Yes, with conditions: 90-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: MandatoryNSW Planning Portal (register.planning.nsw.gov.au)
Night cap: 180 nights/year (non-hosted)
Levy: No state-level STR levy in NSW
Legislation: SEPP (Short-term Rental Accommodation) 2021
Code of conduct: Mandatory
  • Mandatory registration on NSW STR Register for all short-term rental accommodation
  • 180-day annual cap for non-hosted properties (host not present)
  • No cap for hosted properties (host on-site)
  • Councils cannot impose their own caps (except Byron Shire — 90 days)
  • 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 STR Register
Night cap: 90 nights/year (non-hosted)
Permit required: NoExempt development under SEPP, but the 90-day cap is strictly enforced. Council actively monitors compliance.
Levy: No council-specific levy
Max penalty: $110,000
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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