Do I need a planning permit for renting out a holiday home?

This is a grey area, not clearly addressed by the planning scheme and in some cases seeking a planning permit is not the right avenue of enquiry. Some Council’s Local Laws have permits available for holiday letting. There may also be an argument that rental/short term stays is ancillary to the class of “Dwelling/Residence”.

A Dwelling does include a characterisation of being used as a self-contained ‘residence’. VCAT have interpreted this as a place where people live either permanently or for a considerable period of time. if the owners don’t use the property, but have it permanently available for rental/short term stays, then it is likely that the correct interpretation is ‘Accommodation’ and planning permit required to reflect this.

If a property is available for tourism rental during the year, what length of time the property is available for rental compared to the time it is used by owners/residents would determine the dominant use of the property.

Contact us to explore the opportunity of other options if you have been told you need a planning permit for renting out a holiday home.