Question: Our development is not zoned for Short Term Letting. If we apply to the council for a material change of use to Short Term Let, do we need Body Corporate approval?
We have recently discovered our 2017 development is zoned Multiple Dwelling and is not zoned for Short Term Letting. We have been letting it out for the past two years unaware of the Sunshine Coast Council zoning.
The body Corporate (consisting of mainly residents) is now threatening to report us if we continue to short term let.
If we apply to the council for a material change of use to Short Term Let, do we need Body Corporate approval. Can the council enforce what we use our unit for considering it is in a high density residential area 100m from the beach?
Answer: application to Council would require both lot owner and Body Corporate consent and a change to the current by-laws may also be required once the Approval from Council is granted.
Many owners and body corporates are often caught out by not checking the approved development application before undertaking works or in this case potentially using the unit in a way that isn’t consistent with their approval. Council will act on complaints if received, and does have the power to undertake enforcement action if you are using your unit contrary to the development approval.
Each Council in Queensland can have slightly different rules, in the case of the example provided on the Sunshine Coast, the use of a unit zoned multiple dwelling for short term letting would not be in accordance with the approved use in the development application. You would require a new development approval to change the use to allow the short term accommodation. The application to Council would require both lot owner and Body Corporate consent and a change to the current by-laws may also be required once the Approval from Council is granted.
This post appears in Strata News #470.
Jordan Holman
Associate Director
Town Planning Alliance
E: info@tpalliance.com.au
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