Is Airbnb subleasing legal in Australia?
Yes, with conditions. You need the landlord's written consent, and the property must be allowed to operate as short-stay accommodation under the state, council and building rules that apply to it. Those rules differ widely across Australia. This page is a general summary as at 16 November 2026, not legal advice.
The three layers of permission
- The landlord. Tenancy law across Australia generally requires the landlord's written consent before a tenant sublets. Get it in the lease or a signed addendum.
- The building. In apartments, the strata scheme, owners corporation or body corporate may restrict or ban short stays.
- The state and council. Planning rules, registration, night caps and levies depend on where the property is.
New South Wales
Every short-term rental must be registered on the state register before it is advertised, and must meet the fire safety standard and the industry code of conduct. Where the host does not live at the property, stays are capped at 180 days a year in Greater Sydney and some other areas, and bookings of 21 or more consecutive days do not count toward the cap. Byron Shire has a 60-day cap in most areas. Strata by-laws can ban short stays in a lot that is not the host's home.
Official source: NSW Department of Planning.
Victoria
There is no statewide register or night cap. A 7.5% short stay levy has applied since 1 January 2025 to stays of fewer than 28 days. Since the same date, an owners corporation can ban short stays in its building by a special resolution of 75%, except in a lot that is someone's principal home. Some councils run their own registration schemes.
Official source: State Revenue Office Victoria.
Queensland
There is no statewide register, levy or night cap. Councils decide whether short-term accommodation needs planning approval, based on zoning. Brisbane City Council decided in May 2026 not to proceed with its proposed short stay permit, though planning approval rules and a higher rates category for short-stay properties still apply. Rules on the Gold Coast, Sunshine Coast and in Noosa differ again, so check the council for the address.
Western Australia
All short-term rentals, hosted or not, have had to be on the state register since 1 January 2025. In the Perth metropolitan area, an unhosted property let for more than 90 nights in a year needs development approval from the local government. Outside Perth, the local government decides whether approval is needed.
Official source: WA Short-Term Rental Accommodation Register.
South Australia, Tasmania, ACT and Northern Territory
South Australia had no state licence or register at the time of review, and its government has consulted on introducing a register and code of conduct. In Tasmania, letting a whole dwelling may need a planning permit from the council, and a short stay levy has been proposed. In the ACT and the Northern Territory, check the current territory and local rules for the address.
Official source for Tasmania: Tasmanian planning reform, Short Stay Accommodation.
What this means when you choose a property
Rules change, and a cap or a building ban can decide whether a property works at all. Before you sign a lease, confirm in writing the landlord's consent, the building rules and the council position for that exact address. On a strategy call we go through what applies to the property you are considering.
Common questions
Is it legal to sublet a rental property on Airbnb in Australia?
Yes, if you have the landlord's written consent and the property is allowed to operate as short-stay accommodation under the state, council and building rules for that address. Without the landlord's consent it usually breaches the lease.
Which Australian states cap Airbnb nights?
As at 16 November 2026, New South Wales caps non-hosted stays at 180 days a year in Greater Sydney and some other areas, and Byron Shire at 60 days in most areas. In the Perth metropolitan area, unhosted stays above 90 nights a year need development approval. Victoria and Queensland have no statewide cap, though councils and buildings can set their own rules.
Can a strata building ban Airbnb?
Often, yes. In New South Wales, by-laws can ban short stays in lots that are not the host's home. In Victoria, an owners corporation can ban short stays by a 75% special resolution, except in a principal home. Always check the building's rules before you sign a lease.