Overview

Short-term rentals are explicitly allowed in Fairfax County, Virginia. The Fairfax County Board of Supervisors adopted changes to the Zoning Ordinance on July 31, 2018, officially permitting short-term lodging (STL) operations effective October 1, 2018. STLs are defined as any occupancy of a dwelling for less than 30 days, commonly advertised on platforms like Airbnb, VRBO, and FlipKey.

This guide provides comprehensive information for investors seeking to operate legal short-term rentals in Fairfax County, covering all regulatory requirements, procedures, and compliance obligations.

How to Start a Short-Term Rental Business in Fairfax County

Step 1: Determine Eligibility

Before pursuing a short-term rental permit, ensure you meet the fundamental eligibility criteria:

• Property Type: STLs are permitted in all zoning districts that allow residential uses, including single-family homes, townhouses, condominiums, manufactured homes, and apartments
• Residency Requirement: You must be a permanent resident of the property, establishing residency for at least 185 days per calendar year
• Property Ownership: Both property owners and tenants (with owner approval) may operate STLs
• Association Compliance: Verify your homeowners association or condominium association allows short-term rentals, as county regulations do not override restrictive covenants

Step 2: Prepare Application Materials

Gather the required documentation before beginning the application process:

Required Documents:

• Property Owner Permission Letter (if you're not the owner)
• Authorized Agent Letter of consent
• Government-issued ID or vehicle registration for permanent residency proof
• Utility bill (water, electric, or gas) in the same name and address as the STL property

Authorized Agent Requirements:

• Must be an adult designated by the operator
• Must be available to address issues during STL stays
• Cannot be the same person as the operator
• Contact information must be provided and posted prominently

Step 3: Submit Application via PLUS Portal

All short-term lodging applications must be submitted electronically through the PLUS application portal. The application fee is $270, paid electronically upon submission (2.35% service charge applies for credit card payments). Application processing typically takes approximately 14 calendar days if no additional information is required.

PLUS Portal Technical Support:

• Email: PLUSSupport@FairfaxCounty.gov
• Phone: 703-324-2222 (TTY 711)
• Hours: Monday-Friday, 8 a.m. - 4 p.m.

Required Documents, Permits, Licenses, and Guidelines

Zoning Permit

• Short-Term Lodging Permit issued by the Zoning Administrator
• Valid for two years from issuance date
• Fee: $270 (subject to change)
• Application submitted through PLUS portal

Tax Registration Requirements

Transient Occupancy Tax (TOT):

• All accommodation intermediaries/hosting platforms are required to collect the 7% TOT from guests
• Platforms remit TOT monthly to the Fairfax County Department of Tax Administration

Business Professional and Occupational License (BPOL):

• Required when gross receipts exceed $10,000 per calendar year
• Contact Department of Tax Administration for registration requirements

Life Safety Compliance

Properties must maintain the following safety features:

• Working multi-purpose fire extinguisher
• Interconnected smoke detectors
• Carbon monoxide detectors (when required for fireplace or gas service)
• Exit pathway plan posted inside each sleeping room door

Additional Operational Requirements

• Guest Log: Maintain records of all overnight lodgers (name, address, telephone number)
• Parking: Designate one off-street parking space for lodger use
• Advertising Compliance: Include permit number in all advertisements
• Building Code Compliance: Meet applicable USBC or Virginia Manufactured Home Safety Regulations

Specific Regulations for Short-Term Rentals

Operational Limits

Nightly Restrictions:

• Maximum 60 nights per calendar year of STL operation
• Maximum six adult guests per night (building code may require fewer occupants)
• Only one rental contract per night permitted - all guests must be associated with the same rental contract

Prohibited Activities:

• Events and activities including weddings, luncheons, banquets, parties, meetings, fundraisers, commercial activities
• Any gathering of persons other than authorized lodgers
• Use in detached accessory structures, accessory living units, temporary family health care structures, affordable dwelling units, or workforce dwelling units

Advertisement Requirements

All STL advertisements must include:

• Short-term lodging permit number
• Location of required parking space
• Available parking or public transportation options

Inspection and Compliance

• Properties must be available for county inspection during reasonable hours
• The Zoning Administrator may revoke permits for non-compliance
• Violations may result in administrative penalties and permit revocation

Primary Residence Requirement

Operators must demonstrate permanent residency through:

• Living at the residence for minimum 185 days per calendar year
• Providing government-issued ID and utility bills matching the property address
• Maintaining permanent residence status throughout permit period

Contact Information

Primary Contact: Zoning Permits Section

• Phone: 703-222-1082 (TTY 711)
• Email: dpdzoningpermits@fairfaxcounty.gov
• Address: 12055 Government Center Parkway, Suite 250, Fairfax, VA 22035
• Hours: Monday-Friday, 8:00 a.m. - 4:00 p.m.

Enforcement: Department of Code Compliance

• Phone: 703-324-1300
• Email: DCCCodeComplianceE-mail@fairfaxcounty.gov

Tax Administration: Department of Tax Administration

• Phone: 703-324-8234
• Email: dtappdbusiness@fairfaxcounty.gov

PLUS Portal Technical Support

• Email: PLUSSupport@FairfaxCounty.gov
• Phone: 703-324-2222 (TTY 711)

Source Links

• Fairfax County Short-Term Lodging Information
• Short-Term Lodging FAQs
• PLUS Application Portal
• Zoning Ordinance Section 4102.7.O
• Zoning Ordinance Section 4102.1.I
• Short-Term Lodging Informational Flyer
• Department of Tax Administration

Important Disclaimers

• This guide reflects regulations as of the provided content date
• Regulations may be updated by Fairfax County; verify current requirements before operating
• Incorporated towns of Clifton, Herndon, and Vienna have separate regulations not covered in this guide
• Homeowners association and condominium association rules may be more restrictive than county regulations
• Virginia Code § 15.2-110 prohibits the county from requiring HOA/COA consent for permits, but operators remain responsible for compliance with restrictive covenants

This guide provides general information for investment purposes and should not substitute for professional legal or tax advice. Consult with qualified professionals and verify current regulations with Fairfax County before commencing operations.