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Charleston, SC Accessory Structures: ADU Rental Restrictions (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Subleasing the ADU
Prohibited, Sec. 54-214(g)(2)
Short-term rental use
Banned for both units, Sec. 54-214(g)(7)
Recorded in
Declaration of Covenants and Restrictions
Enforcement
Revocation of certificate of occupancy
Governing section
Sec. 54-214(g)(2), (g)(7)

Summary

Charleston's ADU covenant bars two things outright: subleasing the accessory dwelling unit and using either the ADU or the principal home as a short-term rental. Sec. 54-214(g)(2) and Sec. 54-214(g)(7) apply to every ADU approved on a lot, recorded permanently in the property's Declaration of Covenants and Restrictions.

2. No subleases of the ADU shall be permitted. ... 7. Neither the principal dwelling unit nor the ADU shall be utilized for a short term rental.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 114 | Zoning: Supplement 25).

Full Breakdown

The recorded covenant required for every Charleston ADU under Sec. 54-214(g) carries two separate rental restrictions beyond the owner-occupancy test. Sec. 54-214(g)(2) is a flat rule: no subleases of the ADU shall be permitted. Sec. 54-214(g)(7) goes further and reaches both units on the lot, stating that neither the principal dwelling unit nor the ADU shall be utilized for a short term rental. Together the two provisions rule out the two most common ways an owner might try to monetize an ADU beyond a direct, owner-managed long-term lease: an ADU tenant cannot sublease the unit to someone else, and neither unit on the lot can be listed as an STR, whether through the city's own STR permit process under Sec.

54-208 or informally through a booking platform. This is a stricter rule than Charleston applies to ordinary rental housing citywide, and it exists specifically because the ADU program trades increased density for housing stability: Sec. 54-214(g)(3) and (g)(4) show the same intent, tying income-restricted ADUs that received a city subsidy to an affordability period of at least thirty years. The rental restrictions are recorded in the DCR that Planning and the Office of Corporation Counsel must approve before a certificate of occupancy issues for the ADU, so they bind the property regardless of ownership changes, and Sec. 54-214(g)(8) gives the city broad enforcement rights over the whole covenant package, including these two rental limits.

Violations & Fines

Subleasing an ADU or listing either unit as a short-term rental breaches Sec. 54-214(g)(2) and Sec. 54-214(g)(7) of the recorded covenant. Sec. 54-214(g)(8) authorizes the city to enforce the DCR by any legal or equitable means, including revoking the certificate of occupancy, and an unauthorized STR operation is separately a misdemeanor under Sec. 54-950 and Sec. 54-208(e)(2), each day continuing as its own offense.

Frequently Asked Questions

Can a Charleston ADU tenant sublease the unit to someone else?
No. Sec. 54-214(g)(2) states plainly that no subleases of the ADU shall be permitted. The restriction is written into the recorded Declaration of Covenants and Restrictions that Planning and the Office of Corporation Counsel approve before the city issues a certificate of occupancy for the ADU.
Can I list my Charleston ADU or main house on Airbnb?
No. Sec. 54-214(g)(7) bars using either the principal dwelling unit or the ADU as a short-term rental once an ADU has been approved on the lot, even though the STR permit program in Sec. 54-208 would otherwise apply to standalone properties elsewhere in the city.
Why does Charleston restrict ADU subleasing and short-term rentals so tightly?
The ADU program is meant to add stable housing, not short-stay inventory. The recorded covenant in Sec. 54-214(g) pairs the sublease and STR bans with income-restricted rent terms and a 30-year affordability period for subsidized ADUs, showing the same housing-stability purpose behind both restrictions.

Sources & Official References

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