Airbnb and Short-Term Letting in a Body Corporate: What You Need to Know

A Common Point of Conflict

Short-term letting platforms like Airbnb have transformed how many Queensland lot owners use their investment properties. For some owners, it is a legitimate income strategy. For others in the scheme — particularly those living permanently in the building — it raises real concerns about noise, security, and the character of the community.

Body corporate law sits at the centre of this tension.

What the Body Corporate Can Do

A body corporate can regulate short-term letting through its by-laws. Regulation can include:

Requiring committee approval before commencing short-term letting
Setting minimum stay periods (for example, no stays of less than 3 nights)
Requiring the owner to maintain a 24-hour emergency contact
Requiring guests to be registered and provided with the scheme's by-laws
Setting noise and behaviour standards specifically for short-term letting
Withdrawing approval if the letting causes ongoing problems

Can the Body Corporate Completely Prohibit Short-Term Letting?

This is the contentious question. A complete prohibition on all short-term letting through a by-law is likely to face challenge, and the legal position in Queensland is not settled.

A by-law that regulates short-term letting with reasonable conditions is on much firmer ground than one that prohibits it entirely. If your scheme is considering a blanket ban, seek legal advice first.

What If There's No By-Law?

If the scheme has no by-law regulating short-term letting, owners can generally let their lots on short-term platforms — subject to the general noise and nuisance provisions in the existing by-laws and any applicable council zoning rules.

If short-term guests are causing nuisance (noise, damage to common property, security breaches), those are by-law enforcement issues the body corporate can address directly, regardless of whether a short-term letting by-law exists.

It's Not Just a Body Corporate Issue

Short-term letting in Queensland is also regulated by:

Council zoning rules: Some council areas have restrictions on the frequency or nature of short-term letting in residential zones. Check with your local council.
State tourism accommodation laws: Certain types of short-term letting may require registration or compliance with tourism accommodation standards.
Tax implications: Income from short-term letting has tax implications. Consult the ATO or your accountant.

The body corporate by-law is one layer. It does not replace the other regulatory requirements.

For Owners Concerned About a Neighbour

If a neighbouring lot is being short-term let and causing problems:

Document the incidents — dates, times, descriptions of the issue
Report the behaviour (noise, damage, security breaches) to the body corporate in writing as a by-law breach
The body corporate must investigate and, if warranted, issue a contravention notice to the lot owner
If the problems continue and the body corporate does not act, apply to the Commissioner's office

You cannot stop an owner from short-term letting without a by-law — but you can insist the body corporate enforce the existing noise and behaviour by-laws against guests who cause problems.

This article is general information only and does not constitute legal advice. For advice about short-term letting by-laws in your scheme, consult a strata lawyer or the Office of the Commissioner for Body Corporate and Community Management.