Holiday rental industry unites to launch Code of Conduct

28 March 2012: A Holiday Rental Code of Conduct has today been launched to promote effective self regulation in the management of holiday rental properties.

Industry operators have come together to develop standards and industry practices which satisfy the needs of local communities, property owners, tourism operators and guests.

The initiative, which has been welcomed by the NSW Government, recognises that holiday rental dwellings make a positive sustainable contribution to local tourism and communities and as such they should be managed effectively so as to minimise any adverse social or environmental impacts.

The Code, effective 31 May 2012, addresses the impact of property amenities and factors including noise, guest over crowding, garbage and car parking.

The Holiday Rental Code of Conduct industry group comprises the Real Estate Institute of NSW (REINSW); Holiday Letting Organisation Byron Bay (HLO Byron); Stayz Pty Ltd (owned and operated by Fairfax); and rentahome.com.au and TakeABreak (owned and operated by Occupancy Pty Ltd).

The industry group worked with the NSW Department of Planning and Infrastructure and Destination NSW to develop the Code.The Local Government and Shires Association of NSW were closely consulted during the development of the Code.

Justin Butterworth, Stayz Group Business Development Director comments, "The short term rental of houses and apartments to holiday makers, business and educational visitors makes an important contribution to the local as well as the broader State and national economies. This new, self-regulatory code will act as an effective and robust instrument for ensuring holiday rental properties provide a real net benefit to the community while also enabling this important part of the tourism industry to develop sustainably."

The REINSW says the Code will strengthen the important holiday letting sector for agents and property owners.

"By encouraging and promoting responsible and effective self regulation, we are assisting the holiday letting sector to grow sustainably and continue to deliver real benefits to the community and economy," said REINSW CEO Tim McKibbin.

"The Code provides a uniform, practical guide for those engaged in holiday rentals and a platform for a close working relationship with both the state and local levels of government" says John Gudgeon, President of the Holiday Letting Organisation in Byron Bay (HLO Byron Inc).

Local Councils, tourism organisations or other related bodies that are interested in becoming Participating Organisations are invited to contact Justin Butterworth on 1300 550 251.

HLO Byron President's Update - January 2012

On behalf of the HLO board I wish you all the very best for 2012.

This is a very important year for holiday letting in NSW, in fact for the whole nation.

Since the last time I wrote an update on the 31st Oct, again, nothing has changed with the attitude of BSC in relation to Holiday Letting. This is coming to a head with the councillors resolving to take the owners of one or more properties to court. See the below for more detail.

On a positive note the Code of Conduct for holiday letting has been completed and is expected to be launched in NSW in early February.

This means that whilst the actions of the Byron Shire Council may be headed off, the holiday letting sector will be under scrutiny during a trial period of government supported self regulation.

Byron is a leader and pioneer in operating under a self regulatory Code of Practice since 2005. This has been very successful even though not all properties have become members and there are still significant gains to be made in getting a uniform high standard of management that will satisfy the current HLO Code of Practice and the new Code of Conduct.

It is imperative that all properties in the Byron region become active members and do what it takes to comply so that the government is more than satisfied by the ability of the holiday letting accommodation sector to self regulate.

Diana Ricketts is currently reviewing HLO Byron’s administration practices and is implementing much needed systems with accounts and membership status. Contact hlobyronbyron@gmail.com to receive the 2012 Membership information.

Delwyn Richards, our Noisy Neighbour Hotline administrator, will also be involved in this process.

Byron Shire Council Resolution to Prosecute

Property owners are still being targeted by the compliance staff directed by a council which continues to maintain that Holiday Letting is a Tourist Activity and therefore not permitted in residential zones. In fact they are using the term 'illegal' once again.

If you receive any notice that makes this claim, please send a copy to HLO at info@hlobyron.com.au. We can provide information as to how those affected have dealt with it and also provide a copy of our legal advice that refutes the BSC’s claims.

What has changed since October is the resolution to proceed to prosecution. We have been aware that council has been compiling a list of target properties over the past year and believe that a few have been selected from this to attempt to bring the matter to court.

We very much hope that this ill-advised and irresponsible action does not eventuate. However if it does it is HLO Byron’s policy to establish a fund to collectively fight the case.

Rate Re-classification

We thought that the reclassification of rates for Holiday Let properties from residential to business seemed to be put on hold for 2011 and just the properties that were reclassified last year were again rated as businesses. However I have heard of at least one that was reclassified this year. I had a meeting with Don Page as Minister of Local Government at the end of the year requesting that he takes action to change the classification back. He said that he would follow up but as of today I have not heard the outcome.

NSW Holiday Letting Self-regulation

As reported earlier, I have been in Sydney throughout the year since February working with a group convened by the Department of Planning and Industry to create a Code of Conduct for the Holiday Letting sector in NSW. This group included the REINSW, HLO Byron, HLO Central Coast, Fairfax Media (Stayz & Occupancy) with initial input from the Bed & Breakfast & Farmstay Assoc and the Caravan & Camping Assoc.

The inaugural Code has been completed and will be rolled out in early February.

This code sets the standard for the holiday letting operators and all other stakeholders. It will not be a major change for those who have operated the current HLO Byron Code but it will make the whole environment much clearer and hopefully pave the way for constructive cooperation with the Byron Shire Council – maybe not in its current form with the current councillors.

When this does occur HLO Byron will call an extraordinary general meeting perhaps coupled with a workshop to educate members.

Schoolies 2011 – Contributions to the BB Schoolie Safety Response Group

As chair of the BBSSRG I am pleased to report that the management of Schoolies this year was again more effective with a significantly reduced negative impact over 2010.

We requested that all those who are accommodating schoolies contribute $50 per booked week to the funding of the activities of this Group. (The HLO contribution goes to the paying of the BBSSRG Manager which is co funded by Byron United (BB Chamber of Commerce) and the Byron Bay Liquor Accord. This is a great investment in the community and also a demographic of renters who will keep visiting Byron for the rest of their lives – provided this visit is positive.)

Thanks to all those who have made their payment for 2011. There is still a large number who have not done so. We realise that some will not have received the October update and ask that you respond now.

John Gudgeon
President
HLO Byron Inc
info@hlobyron.com.au
T 02 6685 7335
M 0407 961 620