Short stays: the rules, council by council.

There is no single national law. What applies is the council’s licensing and planning rules, the state’s guideline if any, and the building’s own strata by-laws. In 2026 the answer ranges from “licensed and allowed” to “not allowed at all in residential strata”, depending on where the unit is.

Not in force. The Selangor State Assembly was told in its April–May 2026 sitting that the Housing and Local Government Ministry (KPKT), through PLANMalaysia, is finalising a national guideline; until then, planning permission, council by-laws and the Strata Management Act 2013 apply. No Cabinet approval, national day limit or owner-consent threshold has been published.

Selangor State Assembly written answer “Isu Airbnb” (Q341), sitting of 20 Apr – 4 May 2026: dewan.selangor.gov.my. Read 21 Oct 2026.

MOTAC’s registration of tourist accommodation premises (in force 1 August 2025) requires SSM registration and a business licence for the premises from the council first; fees RM 20 processing plus RM 50 registration. MOTAC’s homestay programme does not accept units in housing estates or Airbnb premises.

MOTAC, Garis Panduan Pendaftaran Premis Penginapan Pelancong 2025, effective 1 Aug 2025; Garis Panduan Program Pengalaman Homestay Malaysia, Nov 2021 (read via web archive, 21 Oct 2026).

RM 10 per room per night, charged to foreign guests only (MyKad and MyPR holders are exempt). Operators with 4 rooms or fewer are exempt from registering and collecting, but registered booking platforms collect it on every booking made through them. A whole apartment listed as one unit counts as one room. Platforms have collected since 1 January 2023; Public Ruling 01/2025 applies from 1 December 2025.

Royal Malaysian Customs: Tourism Tax guide for operators (6 Dec 2024), Guide on Tourism Tax for digital platform service providers (11 Mar 2025), Public Ruling No. 01/2025 (read via web archive, 21 Oct 2026).

Accommodation, including serviced apartments and homestays, is a taxable service at 8% from 1 March 2024, but only once the taxable value of your accommodation services exceeds RM 500,000 in 12 months, whatever the number of rooms.

Royal Malaysian Customs, Panduan Industri Penginapan V4, 26 Feb 2024 (mysst.customs.gov.my).

LHDN’s Public Ruling 12/2018 draws the line on services: if you actively provide maintenance or support services comprehensively (cleaning, repairs, managing the building), the rent is business income under section 4(a); otherwise it is rental income under section 4(d). LHDN has no separate guidance on Airbnb, so how a host is taxed depends on the facts.

LHDN Public Ruling No. 12/2018, Income from Letting of Real Property, 19 Dec 2018: hasil.gov.my.

DBKL has no short-stay licensing by-law that we could find. Its Commissioner of Buildings has a standard procedure: the JMB or MC makes a by-law by special resolution (at least 3/4 of valid votes), files it with the Commissioner (JMB within 14 days, MC within 30), keeps a short-stay register sent by the 7th of each month, and owners then register with DBKL’s licensing department. A 2015 circular advised strata bodies to bar homestay use of residential units without the management’s permission.

DBKL Jabatan Penilaian dan Pengurusan Harta: SOP Aktiviti Penginapan Jangkamasa Pendek (file 26 Jun 2018, posted 18 Jun 2020); Pekeliling Pesuruhjaya Bangunan 2015/06, 18 Nov 2015. Read 21 Oct 2026.

No statewide law. The state told its assembly in July 2025 that no licence is currently required, that strata buildings decide through their JMB or MC, and that a state guideline is being drafted with KPKT, MOTAC, MBPJ and MBSJ; in 2026 it said there is still no statewide law. A 180-night yearly cap has been mentioned in the press but is not in force. MBPJ has its own licensing guideline (see the table).

Selangor State Assembly written answers, Jul 2025 (Q245, Q267, Q325) and Apr–May 2026 (Q341); MBPJ guideline approved 27 Nov 2019.

A licensing by-law for “private accommodation” (under 5 rooms, stays under 6 months) took effect on 1 August 2026 for both MBPP and MBSP. On Penang Island, MBPP’s planning guideline of 3 August 2026 does not allow short stays in residential strata at all; serviced apartments, SOHO and shop units may apply. Licence fee RM 1,000 a year (up to 3 rooms) plus a RM 1,800 yearly fee per unit. Operators must be Malaysian citizens or Malaysian-owned SSM companies. Applications have a grace period to 1 November 2026.

Undang-Undang Kecil Tempat Inap Persendirian (PBT Negeri Pulau Pinang) 2026, gazette 6 Aug 2026, Pg. P.U. 37 (mbsp.gov.my); MBPP Garis Panduan Perancangan TIP, 3 Aug 2026 (mbpp.gov.my); Buletin Mutiara, 21 Aug 2026.

We found no short-stay licence or guideline from MBJB or MBIP. The state has announced a 2025 hotel enactment with an RM 3 “Caj Kembara” per guest, without saying whether short-stay homes are covered or from when, so it is not treated as a short-stay rule here.

Media Digital Johor (state government), 21 Nov 2025.

Yes, if the ban is properly in the by-laws. In Innab Salil v Verve Suites Mont’ Kiara MC (Federal Court, 5 Oct 2020) a by-law against short stays was upheld, on a commercial-title building. In Wawasan Raya v MARC Service Residence MC (Court of Appeal, 9 Apr 2025) the court held that the Strata Management Act and its 2015 Regulations do not themselves ban short stays and that section 59 gives the MC no power to stop them, where the building’s by-laws had no such ban. Read together: a by-law passed by special resolution can restrict it; without one, the management cannot simply refuse.

MARC judgment, Court of Appeal W-02(NCVC)(W)-719-04-2023, 9 Apr 2025 (full text via law report; the judiciary site was unreachable); Verve as cited in that judgment and reported 5 Oct 2020. No 2024–2026 amendment to the Act on short stays was found.

Under sections 32(3) (JMB) and 70(2) (MC) of the Strata Management Act 2013, additional by-laws passed by special resolution (at least 3/4 of valid votes at a general meeting with 21 days’ notice) can govern the use and enjoyment of the building and common property, and impose fines of up to RM 200 for a breach. In KL the SOP adds registration forms, deposits and a monthly register.

Strata Management Act 2013 ss. 32(3), 70(2), as set out in the DBKL SOP and the Penang strata guideline (1 Apr 2023).

For councils, often yes: MBPP 2026 and MBPJ both allow serviced apartments and SOHO to apply while restricting residential units. For the building, no: the Verve Suites building was commercial-title and the court still upheld its by-law.

In Penang, operating without a licence can bring a fine of up to RM 2,000 or up to one year in jail, or both. A strata by-law breach can be fined up to RM 200 by the JMB or MC. Neighbours affected by nuisance can sue in nuisance or make a police report (as noted in the MARC judgment).

Four documents before the booking fee: the council’s rule for that address; the building’s additional by-laws (ask the JMB, MC or developer for the latest filed version); the title on the sale agreement (residential or commercial strata); and, in Penang, whether the zoning allows a licence. A developer’s brochure calling a project “Airbnb-friendly” is not one of them.

Most portal projects are in DBKL’s area, where the building’s by-laws decide. The 7 Penang projects on the portal are on the island, under MBPP’s 2026 rules. See the table in the next section.