Council’s Subordinate Local Law No. 1.11 (Operation of Rental Accommodation) 2012 provides minimum requirements for certain accommodation premises such as backpackers, farm stays, bed and breakfasts, workers camps, boarding houses and hostels, as well as hotels that provide backpacker type accommodation.
The local law provides minimum standards for kitchen facilities, laundry facilities, bedroom and general layout of the premises. Toilet and shower facilities are as per the Building Code of Australia.
The local law does not apply to the following arrangements:
- Where accommodation is provided under the Residential Tenancies Act 1994
- Accommodation for immediate family members in exchange for a board payment
- Accommodation at premises where professional health or welfare care is provided
A full list of excluded accommodation can be found in Schedule 1 Dictionary of Local Law No. 1 (Administration) 2012.
If your rental accommodation provides additional facilities, such as food, you may be subject to additional licensing requirements. Please refer to the Food Business Licence page.
Other Council Approvals
Setting up a new, or making alterations to an existing rental accommodation premises may require approval from Council’s Town Planning, Building, Plumbing and/or Trade Waste sections. You are required to make separate enquiries in relation to these areas. Th information on this page is only in relation to the activities delegated to the Environment and Health section.
An Approval to operate will not be issued by Environmental Health when Town Planning approval is required but has not been issued.
Making an application
An Approval to Operate Rental Accommodation Application is to be completed and submitted to Council with the required fee. The application must include a site plan with the layout of the premises.
Council’s Environmental Health Officers will review and approve/condition the plan in accordance with the requirements of the Subordinate Local Law. Once construction is underway a progress inspection may be requested. When work is complete a pre-opening inspection must be booked. Council’s Environmental Health Officers will undertake the inspection and if satisfactory will approve the business to commence operating. Your Certificate of Approval will then be issued.
The Approval is required to be renewed each year, Council issues a renewal notice prior to 30 June each year.
Buying an existing business
Council recommends prospective purchasers of approved rental accommodation premises, apply for a Health Inspection, fees apply, prior to settlement. This allows an Environmental Health Officer to inspect the premises to identify any potential issues. The current approval holder is also required to approve the application.
Transfer of Approval
When there is a change in the approval holder, an application may be made to transfer the permit to the new operator, fees apply.
Legislation Related Links
Fees and Charges
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