Brisbane City Council has abandoned its proposed short-stay permit scheme. Existing planning, rates, body corporate and enforcement rules may still apply.
Last updated: August 2026
On 12 May 2026, Brisbane City Council confirmed that it would not proceed with the proposed Short Stay Accommodation Local Law 2025 at this time. The proposed permit scheme was not enacted and did not commence on 1 July 2026.
Brisbane Airbnb and Stayz operators therefore do not need to obtain or renew the proposed annual permit, display a proposed permit number in advertisements or comply with the proposal’s new 24/7 contact and offence provisions.
However, the abandonment of the permit scheme does not automatically make every short-stay accommodation use lawful. Existing planning requirements, development approval conditions, body corporate rules, Council rates classifications and enforcement powers may still affect a property.
What happened to Brisbane’s proposed Airbnb permit scheme?
Brisbane City Council previously proposed introducing a city-wide permit system for short-stay accommodation.
Under the proposed scheme, operators may have been required to:
- obtain and renew an annual permit;
- display a permit number in advertisements;
- nominate a contact person available at all times;
- implement guest house rules and complaint procedures; and
- comply with escalating penalties for operating without a permit.
The permit requirement was proposed to commence on 1 July 2026.
Council has now confirmed that it is not proceeding with the proposed local law at this time. Council cited changes in the short-stay accommodation market, improvements in property management and consultation feedback about the broader uses of temporary accommodation.
Council has also indicated that it will continue working with booking platforms and enforcing existing laws. Future regulation therefore remains possible. See the Brisbane City Council announcement.
Do Brisbane Airbnb owners need a permit?
There is presently no new Brisbane-wide short-stay accommodation permit arising from the abandoned proposal.
Owners should not apply for, advertise or pay a third party to obtain the proposed permit. The proposed annual permit, advertising number and associated operating conditions did not commence.
This does not necessarily remove requirements imposed under other laws or an existing development approval.
Planning approval may still be required
The most important distinction is between a local-law permit and planning approval.
Although the proposed permit scheme was abandoned, Brisbane City Plan 2014 and the Planning Act 2016 continue to regulate how land and buildings may be used.
Whether planning approval is required can depend on matters such as:
- the property’s zoning and applicable overlays;
- its existing lawful use and development approvals;
- whether the owner or another permanent resident remains at the property;
- whether rooms or the whole property are offered to guests;
- the frequency and duration of bookings;
- the number of guests;
- the commercial nature and intensity of the operation; and
- any conditions attached to an existing approval.
Changing a property from ordinary residential occupation to commercially operated short-term accommodation may constitute a material change of use in some circumstances.
Do not assume that a property is planning-compliant simply because it has previously appeared on Airbnb or Stayz. Buyers and owners can search development records through Council’s Development.i service and obtain property-specific planning advice.
Paying higher Council rates is not planning approval
Brisbane City Council continues to maintain special rating categories for paid guest and transitory accommodation.
Council says owners must update their rates account when a property’s use changes, including when it is used for paid guest accommodation. Its current categories distinguish between owner-occupied properties offering rooms to guests and entire properties used for temporary commercial accommodation.
These classifications may result in higher rates. Council presently describes paid guest accommodation as certain publicly advertised short-term rentals of fewer than 42 nights. See Council’s explanation of paid guest and transitory accommodation rates.
However, paying transitory accommodation rates does not replace any separate planning approval that may be required. Rates classification and planning compliance are different legal questions.
Body corporate by-laws still require attention
Apartment and townhouse owners should review the community management statement and registered by-laws before operating short-stay accommodation.
Body corporate rules may regulate matters including:
- noise and nuisance;
- guest behaviour;
- security keys and building access;
- parking;
- use of common property;
- waste disposal;
- moving procedures; and
- damage to common facilities.
The legal position is more complicated where a by-law attempts to prohibit short-term letting altogether.
Section 180 of the Body Corporate and Community Management Act 1997 provides that, where a lot may lawfully be used for residential purposes, by-laws cannot restrict the type of residential use. By-laws must also not be oppressive or unreasonable or discriminate between different types of occupiers. See the current Queensland body corporate legislation.
Whether a particular short-stay arrangement constitutes lawful residential use—and whether a particular by-law is enforceable—requires assessment of the property, planning position and wording of the by-law.
Council can still investigate and enforce existing laws
Abandoning the permit scheme does not remove Council’s existing compliance and enforcement powers.
Council can continue investigating complaints about unlawful property use, failure to comply with development approval conditions, building safety and neighbourhood amenity. Council states that changing how premises are used may require approval and that enforcement action may follow if a compliance issue is not resolved.
Available action can depend on the contravention but may include requests for information, compliance directions, enforcement notices, fines or court proceedings. Further information is available on Council’s building and development complaints page.
Noise, parking, waste, pool safety and other existing regulatory requirements may also apply independently of the abandoned permit proposal.
What should Brisbane short-stay owners do now?
Owners and property managers should:
- Confirm the planning position. Check the property’s zoning, overlays, approved use and development history.
- Review existing approvals. Determine whether any development or building approval contains conditions affecting accommodation use or occupancy.
- Check the rates classification. Notify Council if the property’s use has changed and review whether paid guest or transitory accommodation rates apply.
- Review body corporate documents. Examine the registered by-laws and any rules affecting guests, common property, access, noise and parking.
- Check insurance and finance documents. Confirm that the intended short-stay use is disclosed to the insurer and permitted under any mortgage or management agreement.
- Maintain operational safeguards. Even without a permit requirement, suitable house rules, guest screening, emergency contacts and complaint-management procedures can reduce disputes and enforcement risk.
- Monitor future announcements. Council has said it will inform the community if further changes are proposed.
Are you buying a property advertised as an Airbnb?
Buyers should not rely solely on statements that a property is an “existing Airbnb” or has a history of strong short-stay income.
The fact that previous owners accepted short-term bookings does not establish that the use was lawful or that it can continue after settlement.
Before signing a contract, buyers should investigate:
- planning and development approvals;
- building classification and safety requirements;
- Council rates records;
- body corporate by-laws and dispute history;
- management agreements;
- insurance availability; and
- whether the advertised income is sustainable under a compliant use.
Appropriate due diligence and contract conditions should be considered before committing to the purchase.
How Ensure Legal can help
Ensure Legal assists Brisbane property owners, investors and buyers with legal issues affecting short-stay accommodation.
We can help review:
- property contracts and due diligence;
- planning and development approval records;
- body corporate by-laws and disputes;
- Council compliance or enforcement correspondence;
- short-stay management arrangements; and
- the legal risks of purchasing or operating an Airbnb or Stayz property.
The Brisbane permit proposal may have been abandoned, but property-specific compliance remains essential.
This article provides general information only and does not constitute legal advice. The requirements applying to short-stay accommodation depend on the individual property and how it is operated. Obtain advice about your circumstances before acting.
