QCL Property Law expert Director Tina Hwang was asked to comment on MBIE’s recent ruling concerning the use of a Christchurch apartment for Airbnb accommodation.

The decision highlights an important issue for property owners that is using a property primarily for short-term accommodation may constitute a change of use under the Building Act 2004.

In the Christchurch case, the apartment had originally been consented for residential use but was being used exclusively for short-term accommodation. MBIE determined that the owner should have notified the council of the change of use, resulting in a Notice to Fix.

As Tina explained, the decision is particularly relevant for apartment owners who operate their properties as Airbnb accommodation. However, the position is fact-specific. Someone who lives in their property and occasionally rents it out on Airbnb may be treated differently from an owner who has never used the property for residential purposes. There may also be other considerations for apartment owners, including body corporate rules, council requirements, rates and potential additional compliance costs.

Tina’s advice is clear: if you are operating an apartment primarily as short-term accommodation, it is important to understand whether your use complies with the property's building consent and other applicable requirements.

Listen to the full podcast here for the full discussion on Airbnb and building consent requirements.

QCL’s Property Law team can assist property owners in navigating these requirements and assessing potential change-of-use issues. Click here for a profile of Tina Hwang, director, and head of Property & Disputes.