In WA, a strata or community titles scheme can restrict or prohibit short-stay letting through its by-laws, and your STRA registration does not override them. Before you list, or buy, read your scheme’s by-laws. If short-stay is already permitted, comply with the conduct by-laws and notify your strata manager. If it is restricted, you would need the owners corporation to change the by-law, which requires a formal resolution and is a high bar.
If your property is an apartment, villa or townhouse in a strata scheme, strata is the compliance layer owners most often overlook, and the one that can stop a short-stay plan dead. This guide explains why strata sits above your state registration, how to check where you stand, and how to request consent if you need it.
This is general information, not legal advice. Confirm your position with your strata company, manager, or a qualified adviser.
Registration does not beat your by-laws
WA short-stay compliance runs on three separate layers, and they stack:
- State registration on the WA STRA Register (mandatory for every property)
- Local council planning (development approval for unhosted properties over 90 nights a year in metro Perth)
- Strata by-laws, where the property is in a scheme
The critical point: being registered with the state does not override a strata by-law. Under WA strata law, an owners corporation can adopt by-laws that restrict or prohibit short-term rental accommodation in the scheme, and a valid by-law binds you regardless of your STRA registration. So strata is not an afterthought, for a strata property it is the first thing to check.
Step 1: read your by-laws
Before anything else, get and read your scheme’s by-laws. You can obtain them from your strata company or strata manager, or they may be registered against the title. Look for:
- Use restrictions, any by-law limiting the lot to residential or long-term use, or prohibiting short-stay or “holiday” letting
- Short-stay-specific by-laws, some schemes have adopted by-laws that expressly permit, condition or ban short-stay
- Conduct by-laws, rules on noise, parking, common-property use, pets and guest behaviour that will apply to your guests
If short-stay is prohibited, you cannot simply rely on your registration. If it is permitted, you still have to operate within the conduct by-laws.
Step 2: if short-stay is already permitted
Where the by-laws allow it, your job is to be a good scheme member:
- Comply with the conduct by-laws, manage noise, parking and common-property use so guests do not create friction
- Notify your strata manager that the lot is being let short-stay, and keep lines open
- Give the strata manager and, ideally, immediate neighbours a 24/7 contact so any issue reaches you fast
- Adopt a guest code of conduct covering noise, parking and quiet hours, which also reassures the scheme
Good neighbour management inside a scheme is covered in our noise and neighbour management guide.
Step 3: if short-stay is restricted, requesting a change
If the by-laws restrict or ban short-stay, consenting is not a quick form. You would need the owners corporation to change the relevant by-law, and under WA strata law amending by-laws requires a formal resolution passed at a general meeting, which can be a high threshold. In practice:
- Write to your strata company or manager setting out your request and asking for it to be placed on the agenda of the next general meeting (AGM, or an EGM if you need it sooner)
- Build support among other owners before the meeting, a by-law change needs the numbers, so neighbour goodwill matters
- Bring a management plan and code of conduct showing how noise, parking, guest conduct and a 24/7 contact will be handled, to address the concerns that drive opposition
- Be realistic, many schemes will decline, and that is their right. Know the likely outcome before you commit
If you are buying to short-stay
Check the by-laws before you purchase. Buying an apartment specifically to run as a short-stay and only then discovering a by-law that prohibits it is one of the most expensive mistakes in this market, and it is entirely avoidable with a by-law review during due diligence.
Frequently asked questions
Does my STRA registration override strata by-laws?
No. Registration is a state requirement; it does not override a strata by-law that restricts or bans short-stay. The by-law still binds you.
Can my strata scheme ban short-stay?
Yes. Under WA strata law, an owners corporation can adopt by-laws restricting or prohibiting short-term rental accommodation in the scheme.
How do I get consent if short-stay is restricted?
You would need the scheme to change the by-law, which requires a formal resolution at a general meeting. Request it be placed on the agenda, build owner support, and bring a management plan and code of conduct.
What should I check before buying an apartment to short-stay?
Read the by-laws during due diligence. Confirm short-stay is permitted before you buy, because a prohibiting by-law can make the plan unworkable.
This article is general information only, current at the time of writing, and is not legal advice. Strata by-laws and the thresholds to change them vary by scheme; confirm your position with your strata company, strata manager, or a qualified adviser.