SHORT TERM RENTAL ACCOMMODATION (STRA) AND HOME SHARING: DIFFERENT TERMINOLOGIES TO ADDRESS LEGAL REQUIREMENT OF PLANNING PERMISSION

Abstract

One of the debates on permissibility of short-term residential accommodation (STRA) is whether the nature of use of the building has significantly changed, with the operation of such business in the building. This led to the issue of whether planning permission is needed as this is a requirement in event of ‘material change of use’ of building. A home may be built as a one-family dwelling, but when it is converted to STRA use, it may be argued that it loses that character and contributes to unauthorized changes in neighbourhood character by intensifying the use both in terms of the number of people who typically use the property at any given time and by the negative impacts associated with frequent turnover. Basically, the main idea of planning permission is to ensure that there are no irregularities emerging from land use and development by individuals such as traffic jams, pollution, nuisance problems, loss of value or even amenities, floods or effects on the neighbourhood and ensures that the new development is suitable for occupation. This article suggests that one possible way to address the ‘change of character’ issue is by differentiating the types of short-term accommodation businesses based on the number of permitted bedrooms, guests, owner occupancy, number of bedrooms, location, and yearly maximum day-cap.