The short-term rental code of conduct for guests staying in NSW
The NSW short-term rental code of conduct sets the rules for every holiday stay in a home or apartment in the state, including yours at Kiama Ridge Waters. Here is what the code asks of guests, how complaints and strikes work, what hosts must do, and how it fits with our house rules.
Know who the short-term rental code of conduct applies to
The Code of Conduct for the Short-term Rental Accommodation Industry is a mandatory NSW code, administered by the Commissioner for Fair Trading. It applies to everyone involved in a short-term stay: booking platforms, letting agents, facilitators, hosts and guests. You can read the full text in the code of conduct PDF.
The rules cover stays in residential homes and apartments of up to three months at a time, including a single room. They don't cover hotels, motels, backpackers, holiday parks or boarding houses. If you book a holiday apartment anywhere in NSW, the code applies to you from the moment your stay is arranged.
| Who runs it | NSW Fair Trading (Commissioner for Fair Trading) |
|---|---|
| Who it covers | Hosts, guests, booking platforms, letting agents and facilitators |
| Type of stay | Residential premises, up to 3 months at a time |
| Main penalty | 5 years on the exclusion register after 2 strikes in 2 years |
Keep the noise down and respect the neighbours
Most of the code's guest obligations are about the people living around you. As a guest you must not:
- make noise that is unreasonably disruptive or that disturbs neighbours or other occupants
- act violently or threateningly towards anyone
- behave in a way that could reasonably alarm or distress neighbours
- use common property in a strata scheme in a way that unreasonably interferes with other people using it
- damage a neighbour's property, on purpose, recklessly or through carelessness
Kiama Ridge Waters is a residential development with permanent residents, so this matters here. Our house rules set quiet hours from 10 pm to 8 am and don't allow parties or events.
Look after the apartment and answer for your visitors
The code also asks guests to:
- look after the host's property with reasonable care
- follow the code, criminal and planning laws, strata by-laws and the terms of the booking
- act honestly and in good faith, including in complaints and disputes
- tell the host or their representative as soon as possible about any dispute or complaint about a guest's or visitor's behaviour
- not copy, or knowingly keep, keys or security passes after the stay ends
You are also responsible for your visitors. Under the code, a visitor is anyone at the premises with your consent, and you need to make sure they follow the same rules about neighbours. At Kiama Ridge Waters only registered guests may stay overnight, up to six per apartment. Bringing a bigger group? Book more than one apartment through our group stays page.
Raise a problem with the other party first, then with Fair Trading
NSW Fair Trading encourages everyone to try to sort out a problem directly first. Explain the issue calmly, suggest a fix and give the other person a reasonable time to respond. If that doesn't work, anyone who believes the code has been breached can lodge a complaint using the Fair Trading short-term rental complaint form. Hosts, guests, neighbours and owners corporations can all complain.
Under the code, the Commissioner tells the person complained about and gives all parties at least 14 days to send in information. Decisions are made on the balance of probabilities, with written reasons. Fair Trading may ask for photos, security footage or police statements.
Some issues go elsewhere. The NSW Government short-term rental page says criminal activity and urgent noise go to the police. In a strata building, damage, ongoing noise and parking go to the owners corporation or strata manager. Cancellations and fees are a consumer complaint to Fair Trading. For questions, call Fair Trading on 13 32 20.
Understand the strike system and the exclusion register
Fair Trading can issue a warning, a direction or a strike. A strike can be recorded for a serious breach of the code. Two strikes within two years can put a guest, or a host, on the exclusion register for five years. A host can be listed in general or for a particular property.
A person facing criminal charges can also be listed while the case is decided, if that is in the public interest. After a conviction, the listing can be for a set period or indefinitely.
A guest on the register can't stay in any short-term rental in NSW, platforms must stop them booking, and hosts must not let to them. Anyone listed can ask for a review: under the code, apply within 21 days, and the Secretary decides within 28 days.
The register is in place and searchable through the Fair Trading public register. The official register page shows no people or premises listed.
See what the code asks of every host
The code sets clear host obligations too. Under the code, a host must:
- act lawfully and follow the code, planning laws and strata by-laws
- provide the property as it is advertised
- hold insurance covering liability for third-party injury and death on the premises
- be contactable from 8 am to 5 pm every day, and for emergencies outside those hours
- give guests contact details, an emergency electrician and plumber, emergency services (000), and a copy of the code and any by-laws
- take reasonable steps to make sure guests follow the code, and deal with concerns in a timely way
- tell neighbours and the owners corporation that the property is used for short-term rental
- register the property before advertising it, and not let to a guest on the exclusion register
NSW Planning says properties on the short-term rental premises register must meet fire safety standards, including an evacuation plan and interconnected smoke alarms.
Read the code alongside our house rules and booking terms
The code is the legal floor for every stay in NSW. Our house rules add the details for Kiama Ridge Waters: up to six guests per apartment, no parties or events, no loud noise between 10 pm and 8 am, and no smoking inside or on balconies. Breaking the house rules can incur a $500 fine.
Our booking terms cover cancellations, check-in from 3pm and check-out by 10am, and point to MadeComfy's terms, which apply to every booking. If something goes wrong during your stay, contact the team using the details in your booking confirmation first. For general questions, see the FAQ or contact us.
Get answers about the code of conduct
Does the code of conduct apply to holiday guests?
Yes. The NSW code is mandatory for everyone in the short-term rental industry, including guests, hosts, booking platforms and letting agents. If you book a home or apartment for a stay of up to three months in NSW, the guest obligations apply to you and to the visitors you invite.
What counts as a strike against a guest?
NSW Fair Trading can record a strike for a serious breach of the code, such as unreasonably disruptive noise, threatening behaviour or damage to a neighbour's property. Two strikes within two years can lead to five years on the exclusion register, which stops you staying in any short-term rental in NSW.
Is the exclusion register in place now?
Yes. The register exists and Fair Trading runs a public search on its website. The official exclusion register page shows no people or premises listed. Check the register page yourself for the latest position, as listings can change at any time.
Am I responsible for my visitors' behaviour?
Yes. Under the code, a visitor is anyone at the premises with your consent, and you must make sure they follow the rules about neighbours, including noise and behaviour. At Kiama Ridge Waters, only registered guests may stay overnight, with a limit of six guests per apartment.
How do I complain about a short-term rental?
Try to sort it out with the other party first. If that doesn't work and you believe the code was breached, lodge a complaint with NSW Fair Trading online or by post. Urgent noise and criminal behaviour go to the police, and strata issues to the owners corporation.