Can a body corporate stop Airbnb and short-term letting in a building?

In Queensland, body corporate committees have limited power to restrict short-term lettings in the vast majority of strata buildings.

Any by-laws that seek to restrict the use of short-term letting platforms such as Airbnb are likely invalid and unenforceable.

A small number of older schemes managed under the Building Units and Group Titles Act (BUGTA), not the BCCM Act, have more flexibility in regulating building use and can effectively restrict short-term letting; however, these represent about 0.4% of all strata schemes.

Schemes that are having issues with short-term letting, such as noise and unruly behaviour, are generally advised to enforce existing nuisance and behaviour-based by-laws against the relevant lot owners.

However, a number of local authorities, including the Brisbane City Council, regulate short-term letting.

Body corporate committees are advised to keep up to date with the planning provisions in their local authority and consider how these may affect short-term leasing in their schemes.

Further reading

• What can be included in a valid by-law?
• Body Corporate Building Profile: Short-Term Letting Buildings
• What rights does a tenant have in a body corporate?
• Can a body corporate evict a tenant?
• QCAT considers short term letting by-laws