Hi Maria,
The construction of section 516 is wonderful, isn’t it?!
This one is probably up for debate and you might need your own legal advice.
I believe all you need to do is satisfy yourself that the land’s dominant use is for residential accommodation.
Only a hotel, motel, guest-house, backpacker hostel or nursing home have been excluded from the residential rating category within section 516 directly. Section 516(2) allows for the Regulations to prescribe other forms of development that can also be excluded from (and included in) the residential category. Section 516(1)(a) also prevents boarding houses that meet the definition in s516(1A) from being excluded through the Regulations.
Regulation 121 excludes land used for a caravan park or a manufactured home estate from the residential rating category.
To my knowledge, no form or description of a boarding house has been excluded from the residential rating category within the Regulations. Therefore, I do not think a boarding house needs to meet the definition within s516(1A) to be categorised as residential.
All the best,
Suzi
