Bed & Breakfast Fact Sheet - Tourism NT Corporate Site

Bed & Breakfast and Farm stay in the NT
Building Your B&B
This fact sheet provides basic information regarding the processes in development for Bed &
Breakfast (B&B) style accommodation. It is organised into three sections:
Section 1 – Building your B&B – Obtaining Consent and Approvals
Section 2 – Other Important Information
Section 3 – Advice and Assistance
The Bed & Breakfast and Farm stay Industry
The Bed & Breakfast and Farm stay sector is an important component of the tourism and
hospitality industry offering alternative accommodation and tourism experiences to visitors to the
Northern Territory. Within the industry a range of accommodation options are offered including:
Traditional homestay arrangements (e.g. a room within a household)
Self contained or serviced cottages
Self contained cabins or suites, and
Farmstay or working property experiences.
It is important to remember that while you may promote and market your business as a B&B it
may be necessary for you to apply to the NT Planning Scheme for development consent under an
activity definition other than ‘bed and breakfast’, depending on the type of accommodation you
offer and where you intend to operate your business. This is explained in more detail further on in
this fact sheet.
Section 1
Building Your B&B – Obtaining Consent and Approvals
To meet legislative requirements, high industry standards and the expectations of visitors and
guests, it is essential that you have identified and complied with the appropriate and necessary
development approvals required in the Northern Territory.
In the early development stages of building your business you will need to comply with the:
NT Planning Act and Planning Scheme which regulates appropriate land use
Building Code of Australia which regulates structural integrity and safety of built
infrastructure, and
The Public Health Act which requires the registration of boarding houses.

The Northern Territory Planning Act and the NT Planning Scheme
The Northern Territory Planning Act (the Act) provides for appropriate and orderly planning and
control of the use and development of land in the Northern Territory.
The Act establishes the NT Planning Scheme (the Scheme) which provides for a development
approval process and the establishment of the Development Consent Authority (DCA) which is
appointed by the Minister for Lands and Planning.
The DCA is responsible for implementing the land use policy, and administering the approval
process which permits, prohibits, restricts or imposes conditions on a use or development of land.
For more information, including DCA regional memberships and meeting dates, visit
www.nt.gov.au/lands/planning/dca.
The Planning Scheme defines certain development activities, outlines the developments allowed
in zoned areas in the Northern Territory and contains specific and general clauses that must be
complied with and addressed in planning your development and applying to the DCA.
You will need to know the current zoning of your property and will also need to provide certain
information to support your application which is outlined in Section 46 of the Planning Act. You
can find a copy of the Act at www.nt.gov.au/lands/planning/scheme.
You can access the zoning and planning rules for your property using the NT Department of
Business and Employment’s Planning Scheme and Business Information Finder at
http://nt.bli.net.au.
Your development proposal and application should also address the general clauses of the
Scheme. General clauses include general building heights, plot ratios, building and fencing
setbacks, clearing of native vegetation and landscaping, parking requirements, signage
specifications and other development controls.
If you are intending to establish your B&B in the Jabiru town area your application will be subject
to the Jabiru Town Plan and the consent of the Jabiru Town Development Authority. You can
access a copy of the Jabiru Town Plan at http://www.nt.gov.au/lands/planning/scheme.
The Department of Planning and Infrastructure offers assistance through the Development One
Stop Shop which is a service to provide prospective applicants with the opportunity to gather
feedback from relevant agencies prior to lodgement of a development application. This is to help
you be informed, discuss and clarify agency requirements, ask questions and identify important
issues before lodging an application.
It is recommended that you make an appointment with a planner to get assistance in the
preparation of your application. For more information or to make an appointment visit
http://www.nt.gov.au/lands/planning/onestopshop.
If you are intending to establish your B&B in the Darwin Municipal area you may also like to look
at the Darwin City Council’s Bed and Breakfast Policy which guides the Council’s comments to
the DCA on development applications.
(http://www.darwin.nt.gov.au/documents/BedAndBreakfastPolicy.pdf).
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Assessment of Your Application
In assessing applications for B&B developments the DCA will give careful consideration to
whether the proposed development is appropriate to the site and whether the development
activity will have a negative impact on the residential amenity of the area or adjoining properties.
The DCA will also use the definitions given to activities (Sect ion 3 of t he Planning Schem e)
in considering uses for particular zones.
You will need to decide whether your development
1. Complies with the definition of a B&B as a dwelling (See Table A), or
2. If you have multiple dwellings (See Table B), such as separate cabins or suites, whether
you should apply under the definitions as a hostel, motel or caravan park.
The definition of dwelling is:
Dwelling means a building or part of a building designed, constructed or adapted
as a self-contained residence.
The definition of multiple dwellings is:
Multiple dwellings means a building or group of buildings on a site which
individually or collectively contain more than one dwelling (including serviced
apartments) but does not include a dependant unit (a dependant unit is
accommodation provided for the dependant of a resident of the single dwelling).
The scheme does, however, allow the consent authority to approve an application for bed and
breakfast accommodation that is not in accordance with these definitions if it is satisfied that the
accommodation is appropriate to the site and providing that the development does not negatively
impact on the residential amenity of adjoining and nearby property.
Building Code of Australia
Once you have obtained approval from the DCA for your development you will also need to
consult your Building Certifier to ensure that you comply with the requirements of the Building
Code of Australia (BCA) which defines certain classes of dwelling and their permitted use. A
building permit will be required under the Northern Territory Building Act for any building work
associated with a B&B including a change of use from a Class 1a to a Class 1b.
This can be obtained from a NT registered building certifier. A list of Building Certifiers can be
found at http://www.ntlis.nt.gov.au/building-practitioners/.
A summary of the BCA building classes relevant to commercial accommodation is provided in the
attached tables for your information.
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Public Health Act
The Pub lic Healt h (Shop s, Board ing Houses, Host els and Hot els) Regulat ions require
that commercial accommodation providers that accommodate more than 3 persons (not including
the proprietor and his/her family) are registered as a boarding house.
There are specific structural requirements that must be met and you should refer to the
Regulations in the early stages of the development of your business. The Regulations can be
found at http://www.health.nt.gov.au/Doing_Business_with_Us/Licensing.
Table A and Table B, at the end of this Fact Sheet, are provided to help you decide how you will
apply for development consent through the NT Planning Scheme, and to determine what other
requirements you will need to meet to obtain all of the necessary approvals to proceed with your
business.
Section 2-
Other Important Information
There are other important sources of information and advice that you can access in developing
your B&B business:
Hosted Accommodation Australia Ltd
Hosted Accommodation Australia Ltd. is the national peak industry organisation representing
quality hosted accommodation: B&Bs; Farmstays; Guest Houses; Boutique Hotels; Cottages; and
self contained accommodation.
It provides a voice for the industry with all levels of government, the tourism industry and others. It
sets industry standards; provides a wide range of member services; maintains a high-ranking
website; seeks new markets for the industry; and assists and mentors newcomers in the
development of their businesses.
For more information please contact phone:1300 664 707 Email: admin@bbfaa.com.au\
Website: www.bbfaa.com.au
Tourism Accreditation
As tourism continues to develop in Australia it is important that tourism operators are prepared
and skilled to meet the expectations of tourists in regard to service delivery and quality of
products.
Tourism accreditation in the Northern Territory has been driven by industry to ensure the ongoing
sustainability and best practices of local tourism operators, and identifies a minimum standard in
business operation and customer service. Tourism Accreditation helps define core business
activities and good business practices and is an important tool for you in developing and operating
your B&B business. Tourism NT’s accreditation policy will result in appropriately accredited
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usiness being exclusively sold and promoted by Tourism NT from 1 July 2010. Business
currently not accredited should address this at least three months prior to the cut off date.
Information on this policy is available at www.tourismnt.com.au/nt/nttc/industry/accreditation.
It is also advisable to become a member of the region’s tourism promotion organisation, either
(www.tourismtopend.com.au) or (www.centralaustraliantourism.com) to ensure you have the best
possible awareness of your product in the market place.
Other Regulatory and Operational Issues
Remember, once you are on your way to establishing your business you will also need to
consider other regulatory requirements including:
registering your business name under the Business Names Act
compliance with the Fire and Emergency Act
compliance with the Anti-Discrimination Act
compliance with the Food Act if you are providing meals
compliance with the Liquor Act if you are serving or selling alcohol
compliance with the Workplace Health and Safety Act
compliance with the Consumer Affairs and Fair Trading Act
taxation and GST requirements
Other operational issues you will need to consider are:
public liability and general insurance
business planning and risk management
office management including reservation systems
financial management and reporting
marketing and promoting your business, and
whether you will participate in an accommodation rating schemes such as the AAA Rating
Scheme. For more information visit http://www.aaatourism.com.au/.
Registering for and working through an accreditation program in partnership with Tourism NT will
provide you with the tools, advice and support to meet most of these regulatory and operational
needs (see contact details above).
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Section 3:
Advice and Assistance
For further advice and assistance contact:
Tourism NT
Infrastructure and Investment Attraction
Claire George
76 The Esplanade
DARWIN NT 0801
Telephone: 08 8999 3836
Department of Health and Families
Environmental Health
Barbara Klessa
2nd Floor Casuarina Plaza
PO Box 40596
CASUARINA NT 0811
Telephone: 08 89227363
Department of Planning and Infrastructure
Development Assessment Services
Ground Floor Cavanagh House
38 Cavanagh St
Darwin NT 0800
Telephone: 08 8999 6046
Building Advisory Services
Ground Floor Cavanagh House
38 Cavanagh St
Darwin NT 0800
Telephone: 08 8999 6435
Hosted Accommodation Australia Ltd.
PO Box 422
Eltham, Victoria 3095
Telephone: 1300 664 707
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Definition under
the Planning
Scheme
The definition of a
Bed and Breakfast
under the Planning
Scheme is
temporary
accommodation for
travellers provided
within a dwelling by
the resident of that
dwelling.
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Table A - Applying for Consent to Operate a Traditional Bed and Breakfast
Specific Clause – NT
Planning Scheme
*Clause 7.10
A dwelling may be used
for bed and breakfast
accommodation where
a) The dwelling is
suitable for the use
b) Not more than five
guests are
accommodated at a time
in the dwelling
c) No sign is displayed
other than a business
sign that is not more the
0.5m2 in area
*Subject to review –
awaiting decision from
Dept. Lands & Planning
Can operate in the
following
Zones with DCA
approval
Single Dwelling Residential
(SD)
Multiple Dwelling
Residential (MD)
Medium Density
Residential (MR)
High Density Residential
(HR)
Caravan Parks (CV)
Community Living (CL)
Central Business (CB)
Service Commercial (SC)
Tourist Commercial (TC)
Horticulture (H)
Agriculture (A)
Rural Residential (RR)
Rural Living (RL)
Rural (R)
Heritage (HT)
Water Management (WM)
Future Development (FD)
Township (T)
Other regulations:
Building Code of
Australia
Class 1: one or more buildings
which in association constitute -
(a) Class 1a - a single dwelling
being -
(i) a detached house; or
(ii) one of a group of two or more
attached dwellings, each being a
building, separated by a fireresisting
wall, including a row
house, terrace house, town house
or villa unit; or
(b) Class 1b - a boarding
house, guest house, hostel or the
like
(i) with a total area of all floors not
exceeding 300 m2 measured over
the enclosing walls of the Class 1b;
and
(ii) in which not more than 12
persons would ordinarily be
resident, which is not located above
or below another dwelling or
another Class of building other than
a private garage.
Public Health Act
Public Health (Shops, Boarding
Houses, Hostels and Hotels)
Regulations
Part IV of the Regulations requires that
a boarding house must be registered
with the Chief Health Officer.
The definition of boarding house
includes any house, licensed premises
under the Liquor Act, lodging house,
hostel, residential flat, motel, tent,
caravan, building, structure, whether
permanent or otherwise or any other
premises, and any part thereof, in which
3 or more persons, exclusive of the
family of the proprietor thereof, are
lodged or boarded for hire or reward
from week to week or for more than a
week.

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Table B – Applying for Consent to Operate a B&B Consisting of Multiple Dwellings
Definition under the Planning
Scheme
Hostel includes boarding houses,
guest houses, lodging houses and
other premises used to provide
boarding or
lodging with communal toilet, ablution,
dining or cooking facilities but does not
include bed and breakfast
accommodation or a group home.
Motel means premises wholly or
principally used for the
accommodation of travellers and the
vehicles used by them, whether or not
the building is also used to provide
meals to the travellers to members of
the general public and whether or not
the premises are licensed under the
Liquor Act but does
not include bed and breakfast
accommodation.
Caravan Park means land used
for the parking of caravans or the
erection or placement and use of tents
or cabins for the purpose of providing
accommodation.
Can operate in the
following Zones with DCA
approval
High Density Residential (HR)
Caravan Parks (CV)
Community Living (CL)
Central Business (CB)
Commercial (C)
Service Commercial (SC)
Tourist Commercial (TC)
Development (D)
Agriculture (HT)
Water Management (WM)
Township (T)
High Density Residential (HR)
Caravan Parks (CV)
Central Business (CB)
Commercial (C)
Service Commercial (SC)
Tourist Commercial (TC)
Development (D) (WM)
Future Development (FD)
Township (T)
Caravan Parks (CV)
Tourist Commercial (TC)
Agriculture (A)
Water Management (WM)
Future Development FD)
Township (T)
Other regulations:
Building Code of Australia
Class 3: a residential building, other that a building of
class 1 or 2, which is a common place of long term or
transient living for a number or unrelated persons,
including –
(a) a boarding house, guest house, hostel, lodging
house or backpackers accommodation or
(b) a residential part of a hotel or motel
Class 3: a residential building, other that a building of
class 1 or 2, which is a common place of long term or
transient living for a number or unrelated persons,
including –
a) a boarding house, guest house, hostel, lodging
house or backpackers accommodation or
b) a residential part of a hotel or motel
Class 3: a residential building, other that a building of
class 1 or 2, which is a common place of long term or
transient living for a number or unrelated persons,
including –
a) a boarding house, guest house, hostel, lodging
house or backpackers accommodation or
b) a residential part of a hotel or motel
Other regulations:
Health
Part IV of the
Regulations require a
boarding house must be
registered with the Chief
Health Officer. The
definition of boarding
house includes any
house, licensed
premises under the
Liquor Act, lodging
house, hostel,
residential flat, motel,
tent, caravan, building,
structure, whether
permanent or otherwise
or any other premises,
and any part thereof, in
which 3 or more
persons, exclusive of
the family of the
proprietor thereof, are
lodged or boarded for
hire or reward from
week to week or for
more than a week.