A SNAP SHOT OF THE ABCB DISCUSSION PAPER

Currently, Class 2 classification is the only mechanism to prevent short term accommodation in residential buildings. Should as this discussion paper suggests, the ABCB combine Class 2 & 3, that could strip from owners the essential amenity of excluding short term renters from residential buildings, thus condoning Airbnb and Stayz.

The NCC sets the minimum required level for the safety and health; amenity and accessibility, and sustainability in the design, construction, performance and liveability of new buildings throughout Australia, detailing evidence of inclusions required to guarantee contented communities.

Traditional accommodation buildings such as hotels and motels are considered Class 3 buildings, whereas ‘residential’ apartment buildings are considered Class 2 building.

  • Class 1 buildings are single dwellings of a domestic or residential nature.
  • Class 2 buildings are apartment buildings. They are typically multi-unit residential buildings.
  • Class 3 buildings are a common place of long term or transient living for a number of unrelated people.
  • Class 3 buildings are residential buildings other than a Class 1 or Class 2 building.

‘Short-term accommodation’ is the term used in this Discussion Paper to describe the rental of a dwelling for short periods, most commonly for weekends or for a few weeks at a time.

Most stakeholders are of the view that Class 2 buildings should not be used for short-term accommodation. Stayz and Airbnb have made it even easier for buildings, such as inner-city apartments, to be let for short- term accommodation.

Local Government provides Development Approval to the classification of building requested by the developer. Any variation to that approval must be by Material Change of Use approval from council.
Short-term accommodation in a Class 2 development without a Material Change of Use approval is therefore unlawful.


UNIT OWNERS IN QUEENSLAND NEED TO RESPOND TO THIS DISCUSSION PAPER BY AT LEAST STATING THEY OPPOSE UNLAWFUL SHORT-TERM ACCOMMODATION IN CLASS 2 BUILDINGS.

Here you can access the discussion paper.

We encourage all owners to make an input. Please encourage and distribute this to all other owners through your networks to make your opinion heard.

You can do this by

  1. completing the stakeholder response form, and
  2. emailing a copy to nccawareness@abcb.gov.au with the subject line: ‘Discussion Paper: Short-term accommodation’.

Submissions close Sunday, 8 April 2018.


 

UPDATE:

The ABCB published its findings on the above Discussion Paper on 23 May 2019: “The ABCB considered the outcomes of the project in late 2018 and the Board agreed there is no known evidence to support any change to NCC requirements for Class 2 and 3 buildings and no need for further investigation. However, it was agreed that further research would be undertaken in 2018/19 on the efficacy and usage of DTS Provision D1.3.”.

See the full statement here.

 

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