Welcome to Yahoo’s weekly column where lawyers Alison and Jillian Barrett from Maurice Blackburn tackle problems everyday Aussies face — whether it be consumer, property, money matters, relationships or work.
Question
I live in a small coastal town that’s become really popular with tourists, and over the past couple of years, a lot of homes on my street have turned into Airbnbs or short-term rentals. The property right next door to mine is now being rented out to different groups almost every weekend. There’s constant noise, cars parked all over the street, and strangers coming and going at all hours. I understand people are entitled to rent out their properties, but it’s really affecting the peace and quiet of our neighbourhood. Are there any rules or regulations around this? Can councils limit or restrict short-term rentals in residential areas?
Answer
Across Australia, short-term accommodation like Airbnb has surged in popularity, particularly in coastal and tourist towns.
While it’s a great way for property owners to earn extra income, there is often little regard for neighbouring properties.
What can local councils do about Airbnb issues?
Local councils can regulate short-term accommodation, but the rules vary depending on where you live.
There is no single national law governing this industry. Instead, each state and territory — and often each local council — sets its own planning and zoning rules.
Some councils require property owners to apply for development approval before using their homes for short-term accommodation, particularly in residential areas.
Others may impose conditions around guest numbers, parking or noise.
If the property next door is operating without approval, your local council may be able to investigate and take enforcement action.
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Alison and Jillian Barrett are Principal Lawyers at Australia’s leading plaintiff law firm, Maurice Blackburn.
What about the noise and disruption?
Even if the rental is legal, guests must still comply with general laws around noise and nuisance. Here are some practical steps you can take about these concerns.
Document the problem
Keep a log of disturbances, noting dates, times, and the nature of the issue (eg. loud music, parking congestion, late-night parties).
This will help if you need to escalate the matter.
Contact the owner or manager
If you can identify who manages the property (often listed on Airbnb or through a local agent), consider reaching out.
Many owners aren’t aware of the impact their guests are having and may be willing to set clearer house rules or screen guests more carefully.
They, too, may not want wild parties at their property.
Contact the body corporate
If the property is part of a body corporate, you can report the issues to them.
They likely have strict by-laws associated with the use of the property and can liaise with the property owner on your behalf.
Report to the platform
Airbnb and similar platforms allow neighbours to lodge complaints.
Repeated issues can lead to penalties for the host, including removal of the listing.
Speak to your local council
Councils can act under nuisance laws or local planning rules.
If the property is operating without approval, they may issue compliance notices.
Even if approvals are in place, councils may investigate if the use of the property, including noise, is causing unreasonable disruption.
Call the police
For serious or late-night disturbances, don’t hesitate to contact the police who will likely warn the party-goers.
What if nothing changes?
If the issue persists, consider rallying your neighbours.
A collective complaint to the council or your local councillor can carry more weight.
Some communities have successfully lobbied for stricter local laws. For example, in the Perth metropolitan area from January 1 2026, there will be caps on the number of nights a property can be rented out within a 12-month period unless the property is approved and registered for short-term accommodation.
With a bit of persistence and a paper trail you can take steps to restore peace and quiet to your street.
This information is general in nature and should not be regarded as specific legal advice. For legal advice on a specific situation, consult a qualified solicitor.
The contents of this column reflect or are inspired by real-life experiences. Some details may be adapted.