ADUs in Virginia Beach can be rented long-term subject to Virginia Residential Landlord and Tenant Act (Va. Code Β§55.1-1200 et seq.). Short-term rentals are heavily regulated under the City's Short-Term Rental Overlay Districts β only specific areas (Sandbridge, Oceanfront Resort, North End) permit STRs as-of-right; elsewhere, a Conditional Use Permit is required, and STRs are also subject to the 8% transient occupancy tax.
Virginia Beach significantly tightened short-term rental regulation in 2021 and 2022 through amendments to the City Zoning Ordinance establishing Short-Term Rental Overlay Districts. Three primary overlay areas where STRs are permitted as-of-right (with proper licensing): Sandbridge Special Service District, Oceanfront Resort District, and the North End. Outside these districts, an STR requires a Conditional Use Permit through Planning Commission and City Council, plus annual STR registration with the Commissioner of the Revenue. STR Standards: maximum two paying overnight occupants per bedroom plus 4 additional; minimum on-site parking equal to number of bedrooms; no events with more than 50 guests; local 24-hour responsible party required; smoke and CO alarms; annual fire safety inspection; transient occupancy tax (8% combined β 5% city + 2% state + 1% special); STR business license. Long-term rentals (30+ days) are governed by the Virginia Residential Landlord and Tenant Act (Va. Code Β§55.1-1200 et seq., effective 2019, replacing the older Va. Code Β§55-248.2). Virginia preempts municipal rent control under Va. Code Β§15.2-2208 β localities cannot impose rent caps without state authorization, and none has been granted. HOA covenants under the Property Owners' Association Act (Va. Code Β§55.1-1800 et seq.) may impose additional restrictions on rentals.
Unpermitted STR outside overlay: CZO violation, $1,000 first-offense civil penalty under Β§241.2, $2,500 subsequent, CUP application required to cure. Failure to collect transient occupancy tax: City Treasurer and Department of Taxation enforcement under Va. Code Β§58.1-3819. False overlay claim: separate violation.
Virginia Beach, VA
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