Long-term rental of a Birmingham ADU generally requires R-5 or higher residential zoning because R-1 through R-4 districts treat the accessory dwelling as incidental to the main dwelling. Short-term rentals under 30 days are regulated by the Birmingham General Code Title 5 (Business Licenses) and the city lodgings tax provisions, requiring a business license and collection of city, county, and state lodgings taxes. Alabama has not preempted local STR rules.
Birmingham does not have a permissive, by-right rental ADU framework comparable to California ADU law. Long-term rentals of an ADU as a separate tenancy depend on the underlying zoning — R-5, R-6, and R-7 districts permit two-family or multi-family dwellings, while R-1 through R-4 generally restrict accessory living quarters to family or domestic-employee use. Short-term rental (lodging under 30 days) operations are governed by the Birmingham General Code and require: (1) a business license under Title 5; (2) collection and remittance of the City of Birmingham lodgings tax (currently 6.5% on gross room receipts under the city's lodgings tax provisions); (3) Jefferson County lodgings tax (currently 3%); and (4) Alabama state lodgings tax of 4% for Jefferson County (the standard rate; the 5% mountain-lakes rate does not apply to Jefferson County) administered by the Alabama Department of Revenue. Total lodging tax for a Birmingham STR is roughly 13.5% plus general sales taxes where applicable. Birmingham has not adopted a separate, comprehensive short-term-rental ordinance restricting Airbnb/VRBO use by lot count, but the underlying zoning use category must permit transient lodging — which is generally restricted to commercial and certain mixed-use districts in the Zoning Ordinance. Operators should consult the Department of Planning, Engineering and Permits before listing. Properties in homeowners' association communities and condominium associations often face separate covenant restrictions.
Operating an unlicensed STR in Birmingham violates Code Title 5 (Business Licenses) and the lodgings tax provisions, with administrative penalties and back-tax liability. Operating an ADU as a rental in a single-family zone violates the Birmingham Zoning Ordinance, with daily fines under the general penalty in Code Sec. 1-1-6. The Alabama Department of Revenue pursues separate state lodgings tax enforcement.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Birmingham, AL
Birmingham City Code section 11-8-23 bars sounding a vehicle horn or signal device for more than 30 seconds except as a danger warning, requires effective mu...
Birmingham, AL
Birmingham's noise ordinance expressly exempts noise from the operation of the Birmingham International Airport (City Code sec. 11-8-25(3)). In-flight aircra...
Birmingham, AL
Birmingham City Code section 11-8-23(8) makes amplified sound, stereos, TVs and musical instruments a nuisance when plainly audible 50 feet from a building o...
Birmingham, AL
Birmingham does not impose a blanket residential overnight on-street parking ban, but Title 10, Chapter 9 of the City Code prohibits leaving a vehicle parked...
Birmingham, AL
A retaining wall is defined in Birmingham's ordinance as a block, brick, or stone structure erected to retain or prevent encroaching soil. A front-yard retai...
Birmingham, AL
General Birmingham fence requirements prohibit any fence, wall, or planting that obstructs traffic visibility and creates a 'line of sight' problem as determ...
See how Birmingham's adu rental restrictions rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.