Many Adelaide CBD properties are apartments in strata or community titled buildings. If you're thinking about leasing yours to a short-stay operator, one of the first questions is whether short stays are allowed at all.

There isn't a single answer that applies to every building. It depends on your building's by-laws, your lease, and any planning or council rules that apply. This article explains where to look and what to ask. It is general information only and not legal advice. Rules differ between buildings and can change, so always confirm the current position for your property.

Start with your building's by-laws

Strata and community titled buildings have by-laws that govern how lots and common property can be used. These may include rules about:

how lots can be used (for example, residential use only, or restrictions on commercial use)
noise, behaviour and use of common areas
security, access fobs and visitor parking
moving furniture and using lifts
rubbish and recycling

Some buildings say nothing specific about short-term letting. Others have rules that limit or regulate it. You need to read your building's actual by-laws rather than assume.

How to get a copy

Your strata or community manager can usually provide the current by-laws and any recent changes. If the building is self-managed, ask the secretary of the corporation. Check the date of the version you receive, because by-laws can be amended at general meetings.

What to look for

When you read them, look for any clauses that mention:

short-term, holiday or temporary accommodation
minimum stay lengths
registration or notification of occupants
use of the lot for business purposes
conduct of visitors and guests

If anything is unclear, ask your strata manager in writing, and consider getting legal advice before you commit.

Talk to the strata manager or committee early

Even where short stays are allowed, it helps to talk to the building's manager or committee before guests arrive. Good communication up front can prevent problems later. A professional operator should be comfortable with this and able to explain how they handle check-ins, building access, noise and rubbish.

Your lease and landlord consent

If you lease your property to an operator, the lease is where you give, or refuse, consent for short-stay use. The lease should spell out:

that the operator may let the property to short-stay guests
that the operator must comply with the building's by-laws
who is responsible for any breach of the by-laws by guests
how complaints from neighbours or the building are handled
maintenance, cleaning and insurance responsibilities

Don't rely on a verbal understanding. If short-stay use isn't clearly permitted in writing, both you and the operator could be exposed. Have the lease reviewed by a lawyer familiar with South Australian property law.

Council and planning rules

Separately from the building's rules, there may be planning, council or other government requirements for short-term accommodation. These can change over time. Check with the City of Adelaide (or the relevant council for your property) and look for current information from the South Australian Government before you proceed.

Insurance

Your building will have its own strata insurance, and you will usually have landlord or contents insurance for your lot. Tell your insurer how the property will be used and ask whether short-stay use changes your cover. The operator should also be able to explain what insurance they hold for their business.

A practical checklist

Before you agree to short-stay use of your apartment:

Get the current by-laws from your strata or community manager.
Read them for any rules about short stays, business use, guests and minimum stay lengths.
Ask the manager or committee in writing if anything is unclear.
Check council and state requirements for your property.
Speak to your insurer and, if relevant, your lender.
Make sure the lease clearly permits short-stay use and requires compliance with the by-laws.
Get legal advice on the lease before signing.

How CozyStayz approaches it

We only take on properties where short-stay use is allowed. When we inspect your property, we'll ask about the building and its by-laws, and we expect the lease to require us to follow them. We're a small local team running our own Adelaide CBD stays, so we deal with building managers directly.

If you've checked your building and want to know what we could offer, request a rent offer. If you're not sure yet, get in touch and we'll talk through what to check first.

You may also find these useful: what rental arbitrage means for SA landlords and guaranteed rent vs a regular tenancy.

Is Short-Stay Letting Allowed in My Adelaide Apartment? Strata By-Laws and Landlord Consent