What is short-term rental accommodation?

The term STRA is defined to be the following:

(a) means a dwelling provided, on a commercial basis, for occupation under a short-term rental arrangement;
but

(b) does not include a dwelling that is, or is part of, any of the following —
    (i) an aged care facility as defined in the Land Tax Assessment Act 2002 section 38A(1);
    (ii) a caravan park;
    (iii) a lodging-house as defined in the Health (Miscellaneous Provisions) Act 1911 section 3(1);
    (iv) a park home park;
    (v) a retirement village as defined in the Retirement Villages Act 1992 section 3(1);
    (vi) workforce accommodation.

What are the different types of short-term rental accommodation land uses?

In accordance with the LPS Regulations and the Scheme, the following types of STRA land uses exist:

“hosted short-term rental accommodation" means any of the following (with emphasis added) —
(a) short-term rental accommodation where the owner or occupier, or an agent of the owner or occupier who ordinarily resides at the dwelling, resides at the same dwelling during the short-term rental arrangement;
(b) short-term rental accommodation that is an ancillary dwelling where the owner or occupier, or an agent of the owner or occupier who ordinarily resides at the other dwelling on the same lot, resides at that other dwelling during the short-term rental arrangement;
(c) short-term rental accommodation that is a dwelling on the same lot as an ancillary dwelling where the owner or occupier, or an agent of the owner or occupier who ordinarily resides at the dwelling, resides at the ancillary dwelling during the short-term rental arrangement.”

“tourist and visitor accommodation" —
(a) means a building, or a group of buildings forming a complex, that —
 (i) is wholly managed by a single person or body; and
 (ii) is used to provide accommodation for guests, on a commercial basis, with no individual guest accommodated for a period or periods exceeding a total of 3 months in any 12-month period; and
 (iii) may include on-site services and facilities for use by guests; and
 (iv) in the case of a single building — contains more than 1 separate accommodation unit or is capable of accommodating more than 12 people per night; and
(b) includes a building, or complex of buildings, meeting the criteria in paragraph (a) that is used for self-contained serviced apartments that are regularly serviced or cleaned during the period of a guest’s stay by the owner or manager of the apartment or an agent of the owner or manager;
but
(c) does not include any of the following —
 (i) an aged care facility as defined in the Land Tax Assessment Act 2002 section 38A(1);
 (ii) a caravan park;
 (iii) hosted short-term rental accommodation;
 (iv) a lodging-house as defined in the Health (Miscellaneous Provisions) Act 1911 section 3(1);
 (v) a park home park;
 (vi) a retirement village as defined in the Retirement Villages Act 1992 section 3(1);
 (vii) a road house;
 (viii) workforce accommodation.”

“unhosted short-term rental accommodation means short-term rental accommodation that —
(a) is not hosted short-term rental accommodation; and
(b) accommodates a maximum of 12 people per night.”

What requirements apply?

The following legislation applies to STRA land uses at the time of this information sheet being prepared:

• Planning and Development (Local Planning Schemes) Regulations 2015

• Local Planning Scheme No.4 (as amended)

• Building Act

• Health Act

• If within a bushfire prone area, State Planning Policy 3.7 – Bushfire

• If works are proposed on a Residential zoned property, Residential Design Codes.

Is development approval required from the Shire for the land use?

In some instances, development approval will be required from the Shire and this should be obtained prior to commencing the use. Table 1 of this information sheet identifies where development approval is required for the land use. This being consistent with the Shire’s local planning scheme.

Table 1:

• ‘X’ – not permitted within this zoning

• ‘P’ – permitted within this zoning without requiring development approval for the use*
    Please note that development approval may be required with regards to the building(s) – see below table.

• ‘D’ or ‘A’ – development approval required for the use. ‘A’ uses require advertisement

A property’s zoning can be found on the Shire’s online mapping on its website (www.mundaring.wa.gov.au) or by contacting the Shire’s Planning Services on 9290 6666 or via shire@mundaring.wa.gov.au.

With regard to proposed unhosted short-term rental accommodation, if a D use in Table 1 above, the use is exempt from requiring development approval if the dwelling is:

(i) wholly or partly in the metropolitan region; and
(ii) registered under the Short-Term Rental Accommodation Act 2024 Part 3; and
(iii) used as unhosted short-term rental accommodation for no more than 90 nights in a relevant 12-month period; and
(iv) not located in a zone in relation to which the use of a dwelling as unhosted short-term rental accommodation is a class X use or a use that is not consistent with the objectives of that zone.

Do new works require development approval from the Shire?

Table 2 of this information sheet identifies when development approval is required for new works (e.g. building(s)) associated with each STRA land use. Development approval shall be obtained from the Shire prior to commencing any work(s).

Table 2:

What needs to be provided for a development application?

To make an application for development approval you will need to provide details of the site, the existing and proposed buildings and the proposed use. An application must include:

a) Completed planning application form (Form 1) signed by all owners and planning application fee (refer to current Shire Schedule of Fees);
b) A copy of the property’s current Certificate of Title (less than 6 months old) which can be obtained from Landgate;
c) A cover letter and/or a Property Management Plan outlining how the use will operate. This should include the number of guests and staff on site at any one time, the maximum length of stay, and whether guests would need to make a prior booking before arriving at the property, and a complaints management procedures.
d) A Noise Management Plan;
e) A site plan drawn to a reasonable scale (1:100 or 1:200) showing:
 i. All existing and (if applicable) proposed buildings, and their purpose;
 ii. Lot boundaries (including setbacks);
 iii. Natural ground levels and proposed finished ground levels within the vicinity of any proposed works (buildings, site works etc.);
 iv. The location of any trees and watercourses within the vicinity of any proposed works (buildings, site works etc.);
 v. The location of any effluent disposal system(s) which exists or is proposed.
 vi. The crossover, driveway and on site car parking spaces;
f) If a new building is proposed, or if an existing non-habitable building is to be converted into a habitable building, elevations and a floor plan drawn to a reasonable scale (1:100 or 1:200);
g) A bushfire management plan and bushfire evacuation plan prepared by a level 2 or 3 accredited Bushfire Practitioner, if either of the following applies:

i. The site falls within a bushfire prone area, and a proposed (new) building will be used either for hosted short-term rental accommodation or unhosted short-term rental accommodation; or
ii. The site falls within a bushfire prone area, and Tourist and visitor accommodation is proposed.

Are any other approvals required?

Approvals from the Shire’s Building and/or Environmental Health Services may also be required prior to commencing the land use and/or carrying out any work. For further information they can be contacted on 9290 6666 or via email to shire@mundaring.wa.gov.au.

Approvals from the Department of Health may also be required if there is any water body (including spa pools, swimming pools, swimming baths, water slides, and wave pools) on the property where a STRA land use is proposed.

Under the Short-Term Rental Accommodation Act 2024, all providers of STRA within Western Australia, both hosted and un-hosted, are required to register their property with the STRA Register. Please contact the Department of Local Government, Industry Regulation and Safety for further information.