Brisbane council permits

[Andrew-and-Jackie0]

Hi everyone,

We have a unit in Brisbane that we would love to host out.  We are doing our research and have so far had the ok from the insurers and the body corporate.  However, the Brisbane City council requires us to apply for a "short term accommodation permit"as it is not a "home based business". This permit will cost approxiamtely $5000!  And the council have requested that we get a town planner to draw up the application.  Our question is....is there anyway around this? 

[Daniel2433]

Hey @Trenton11  you can head to my website and fill out the contact form then I can get in touch with you - https://www.dciassociates.com.au/ 

[Jennie0]

Is it possible for one of you to copy the text of the letter you've received to this conversation so that we can all see what's  being said? Many thanks

[Jennie0]

I've just used  the self-assessment tool again and I think two of the key issues are that a permanent resident has to be living onsite and that there is a maximum of 6 paying guests at any one time.  The tool can be accessed here https://www.surveygizmo.com/s3/3662819/Home-based-business-Self-assessable-checklist

[Donna27]

Hi  Jennie,

I elaborated a little more on this, need to look at my earlier thread.  It is 5 unrelated persons, use to be 6, but it has been changed.  So if you have a partner or children, they come into this equation of 5.  For instance if there are 3 of you, you are allowed 2 others and they need to be long-term - 3 months or longer.

While I was going through all of this, I did so much  research and was always looking for glimpers of hope but at the end of the day, the Council rules everything we do in our homes and they will not allow Airbnb or short-term accommodation of any shape or form.

Cheers

Donna

[Donna27]

Hi Jennie,

I had a look at your link.  I run a Tuition Business from home and this is OK with the council but not anything to do with accommodating  people.  I guess this is different.  So good luck.

[Daniel2433]

Hey everyone, I've just came across this discussion thread.

I am a qualified town planner and operate as a sole trader.  I regularly get this question from residents who have been caught out by operating AirBnB from their house through complaints and council inspection, have either been issued with a show cause notice or enforcement notice.

It comes down to the use of the property.  Most residential properties are designed as dwellings for a single household to live in long term.  Once you start renting out rooms, or the whole dwelling, it changes the use from a dwelling to either short term accommodation, rooming accommodation or other uses.  These do require planning approval from Council depending on the land use zone you are in as well as building approval from a third party building certifier as in most cases you need to change the features of the building e.g. fire warning systems, exit signs etc etc.

Council assesses the use against their Planning Scheme and acceptable outcomes.  In most cases you do want a town planner involved to prepare a report and application plus do the public notification.

For a home business, such as a bed and breakfast, you do need to reside in the dwelling while your guests are there.  If you leave the dwelling and let them use it, then it is not a bed a breakfast.  The Planning Scheme also statesthat it should be operated by the host and not a third party e.g. AirBnB, which means it would qualify as short term accommodation and not a home business, although this is a bit of a grey area.  To qualify as a home business you need to comply with the acceptable outcomes from the relevant code.

I hope this information helps people out here.  If you would like any assistance with a town planning application or any town planning investigations I'd be happy to help out.

Daniel

[Aroha0]

Hi Daniel,

Thanks very much for replying to this thread, your input is great to have and to offer your help is much appreciated. 

Are you an Airbnb host, may I ask? And therefore, give more details on the steps involved to apply to council. Is the fee a set fee or a percentage? 

Would it be ok to share your information on our Facebook page? (You may more people contacting you because of this)

kind regards

Aroha

[Ben230]

Aroha,

I have rather belatedly come to this conversation, and can support what Daniel has advised. People may find it helpful to follow the link to Brisbane City Council's factsheet, https://www.brisbane.qld.gov.au/sites/default/files/20170703_rfs_holidayshorttermrentals_fa.pdf, which provides a reasonably readable introduction to what Council is going to look at if and when you need to make a formal Development Application. The critical issue is whether or not you, the host, lives at the property you are offering as Airbnb accommodation. If you live there and offer guests the use of a spare room you should be fine. If you don't live there, it will most likely be treated as a property used for short term rental, which will trigger the need for a specific Development Approval. In this case you will need to meet the Development Codes, set out in the City Plan, and potentially the Building Regulations - fire safety, health and safety, etc. You will also need to have the correct Building and Contents Insurance cover, and possibly some public liability insurance, too. Yes, it can become a bit of a burden, but once you have it set up, the rewards of hosting are numerous and worthwhile.

I am a Town Planner, too, and a Home Sharing Club Host Leader. Like Daniel, I can advise and represent you - professionally (and with all the requisite liability insurances, qualifications and 30 years experience) - and from within the Airbnb 'family' so feel free to get in touch.

Happy hosting.

Ben Pritchard

[Donna27]

Hi Everyone,

I have written earlier about my fate with the Brisbane City Council.  I don't get on here much anymore, but today, decided to see if there is anyone else going through, what I went through in 2018.

Firstly, according to The Built Environment Officer from Council's Compliance and Regulatory services- Mr Jamie Cook, Airbnb is illegal here in Brisbane, and once he receives a complaint, he will be on your doorstep to shut you down asap.  This is, his sole purpose.  I have, had to sign  a Stat. Dec. in regards to not ever doing Airbnb again.

Airbnb is classified as short-term rental and you will need to put in a DA etc to be able to do this.  This ended up costing me around $12,000 - as you also need a Certifier and $5000 to lodge with Council.  So depending on your zoning etc  - more than likely will not get it through.

I have had to go back to housing long-term tenants - I live in the house, am  single, so allowed 4 others.  So if you are a family of 4, you are allowed 1 long-term tenant, as the rule 5 unrelated persons come into play.

This comes with its problems to no end, as advertiving through Gumtree, Facebook etc you end up with all sorts of undesirables under your roof.  At least with Airbnb, you have the verification and review process.

I am still heart broken not being able to do Airbnb, as started in 2013 and spent, a lot of money on the house, installing kitchens, bathrooms etc just for guests.

Airbnb offer no support and have written to ACA to have my story heard as so often they advertise looking for hosts. 

Interested to hear your point of views on this.

Cheers

Donna

[Scott1103]

Hi Donna,

Sorry for the lag between when you wrote your message and to me only now just reading it.  So sorry to hear also about your Airbnb experience. It sounds awful.

I live in the BCC area, and I have considered bnb-formula type programmes that teach you how to become an Airbnb multi-host and outsource and automate properties - whilst dealing with 'Rental' Real Estate Agents or even just direct with the house owners themselves.

From what I can read here on your messages, and from everything I can read online, you're saying "hmm, just don't do it". It looks like each property will most likely require council approval etc. let alone resistance of trying to convince an 'informed' Real Estate agent or a 'smart and fair' owner like yourself to rent with a "Short Term Accommodation" philosophy - that the BCC is trying to eradicate.

Love to hear your thoughts. Sorry to bother and hopefully the above makes sense.
Fingers crossed you're in a better place now.
Thanks,
Scott

[Donna27]

Hi Ben,

Have you ever had any success with getting this through the Council with anyone?

I used a Town Planner, certifier etc,  lodged my DA and didn't even get off the ground with this.  I rang scores of Planners and they all give you little chance.  (Maybe I should have found you.) At the end of the day, according to Council, Airbnb is illegal.

Give Jamie Cook 3403 8888, a ring.  He is the Compliance Officer - but beware, he will tell you to cease doing Airbnb.

Cheers

Donna

[Trenton11]

Hi @Ben230 

what is the best way to get in contact with you?

Regards

Colby

[Daniel2433]

Hi @Aroha0 , apologies I'm not very active on here and didn't get a notice of your reply.  On today as I did get a notice on another persons comment.

You can contact me via the contact form on my website https://www.dciassociates.com.au/.

AirBnB (now that it is 2021) is considered a short term rental and needs approval from council to operate - this depends on the land use, surrounding uses and how you comply with council codes.

[Natalie568]

Hi Daniel,

I can't seem to find your email address - can you please share it so I can get into contact? I have a property in Kangaroo Point - looking into whether or not its worth trying to airbnb it.

Thanks,

Natalie

[Daniel2433]

Hi @Natalie568  , apologies I'm not very active on here and didn't get a notice of your reply.

You can contact me via the contact form on my website https://www.dciassociates.com.au/ if you still need help. Daniel