Parking space levy: hotels, motels and serviced apartments

Preamble

1. The Parking Space Levy Act 2009 imposes a levy on the owner of parking spaces within specified areas of Sydney.
2. These areas are defined as:

   Category 1 - The City of Sydney and the business districts of Milsons Point and

   Category 2 - The business districts of St Leonards, Chatswood, Bondi Junction and Parramatta

3. Clause 7 of the Parking Space Levy Regulation 2009 states that certain parking spaces are exempt from the levy. One of these exemptions is contained in clause 7(5)(c) which states:

   “A parking space on leviable premises in a Category 2 area is an exempt parking space while it is set aside exclusively for… the parking of motor vehicles by guests or customers of a hotel or motel.”

4. While a serviced apartment is neither a hotel or a motel, it is a form of short-term accommodation for persons who have their principal place of residence elsewhere. For the purposes of this ruling, the exemption contained in clause 7(5)(c) may apply to a serviced apartment.
5. This ruling outlines the application of the exemption for hotels, motels and serviced apartments.

Ruling

Hotels & Motels – Category 2

6. The exemption will apply where aparking space is either:
   • set aside for the parking of a motor vehicle by a person occupying a room in a hotel or motel located on the same premises as the parking space; or
   • used exclusively for the parking of a motor vehicle by a person occupying a room in a hotel or motel located on the same premises as the parking space; or
   • set aside for the parking of a motor vehicle by a person attending a function in a hotel or motel located on the same premises as the parking space.
7. The exemption will not apply if the space may be used for any other purpose.

Serviced Apartments – Category 2

8. The exemption will apply where a parking space is either:
   • set aside for the parking of a motor vehicle by a person occupying a specified serviced apartment located on the same premises as the parking space; or
   • used exclusively for the parking of a motor vehicle by a person occupying a specified serviced apartment located on the same premises as the parking space.
9. The exemption will not apply if the parking space is used for the parking of a motor vehicle by any other person, or for any other purpose, when not being used for the parking of a motor vehicle by the occupant.

Hotels, Motels and Serviced Apartments – Category 1

10. No exemption applies to spaces set aside for, or used by, a person occupying a room in a hotel, motel or serviced apartment, or a for a person attending a function in a hotel, motel or serviced apartment within a category 1 area.
11. However, it is recognised that some occupants enter into arrangements with the operator of a hotel, motel or serviced apartment when they are staying for an extended period.
12. If the period of occupancy is in excess of 6 months, the exemption under clause 7(2)(b) for a person resident on the same premises may apply.
13. Any claim for exemption will be considered on a case by case basis. Details of any arrangement entered into between the parties will need to be provided at the time the exemption is claimed.