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Short-Term Rentals

Virginia Beach's Short-Term Rentals: The Rules That Matter

By CityRuleLookup Editorial Team

Every city handles short-term rentals a little differently. In Virginia Beach, Virginia, there are 9 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Host Presence Rule

Virginia Beach short-term rentals must have a named responsible person reachable by phone who can address problems at the property within 30 minutes: showing up in person isn't required.

Key details: Response window: 30 minutes by phone. Physical visit: Not required. Who can serve: Owner, operator, or agent. Applies to: All STRs, incl. grandfathered.

Failure to maintain a reachable responsible person is a condition violation; combined with other violations it can lead to revocation of the short-term rental's conditional use permit or grandfathered status after notice and a city council hearing under Va. Code § 15.2-2204.

Repeat Violator Strikes

Virginia Beach can revoke a short-term rental's conditional use permit or grandfathered status over repeated violations, and the planning department must flag any permit tied to neighborhood complaints or code violations to city council before it renews.

Key details: CUP term: Expires 5 years from adoption. Renewal flag: Council notified if complaints/violations exist. Revocation notice: 15 days before hearing. Vacancy rule: 2 years unused voids grandfathering.

Written 15-day notice and a hearing under Va. Code § 15.2-2204 precede any council vote to revoke a CUP or grandfathered status; repeat-complaint or code-violation history triggers mandatory council review at the 5-year renewal point.

Compared to other cities, Virginia Beach takes a harder line on repeat violator strikes. The enforcement and penalty structure reflects that.

Primary-Residence-Only Rule

Virginia Beach zoning allows by-right 'home sharing' only when the owner occupies the dwelling as a principal residence during rentals; renting a non-owner-occupied dwelling is a prohibited 'short-term rental' unless in Sandbridge or an approved STR Overlay District.

Key details: Home sharing: Owner-occupied, permitted by-right (P). Non-owner-occupied short-term rental: Prohibited (X) outside special districts. Sandbridge SSD: Short-term rentals permitted by-right. STR Overlay District: Conditional use permit required. Registration: Required with Commissioner of Revenue.

Operating a non-owner-occupied short-term rental outside Sandbridge or an approved STR Overlay District violates the zoning ordinance; the city can pursue zoning enforcement and civil penalties for operating without required approval.

This is one of the stricter rules in Virginia Beach's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Short-Term Rental Permits

Virginia Beach requires most short-term rentals to obtain a conditional use permit, pass a safety inspection, and register annually with the Commissioner of Revenue before renting out a property for less than 30 days.

Key details: Annual registration fee: $50 to Commissioner of Revenue. Unregistered rental penalty: $500 per day, per violation. CUP term: Expires after 5 years. First inspection: Required at initial permit application. By-right zones: Sandbridge SSD and STR Overlay Districts.

Renting without commissioner-of-revenue registration carries a $500-per-day penalty, and repeat violations can bar a property from registering as a short-term rental at all. The city council can also revoke a conditional use permit or grandfathered status after notice and hearing.

This is one of the stricter rules in Virginia Beach's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Insurance Requirements

Virginia Beach requires short-term rental hosts to carry at least $1,000,000 in liability insurance covering the rental activity, proven at initial registration and renewal, under insurers acceptable to the city.

Key details: Minimum coverage: $1,000,000 liability insurance. Proof required: At registration and renewal. Insurer: Must be acceptable to the city. Applies to: CUP and grandfathered STRs alike. Citation: CZO § 241.2(9).

Failing to maintain the required $1,000,000 policy is a violation of the conditional use permit; the city council may revoke the permit or grandfathered status after notice and a hearing under Va. Code § 15.2-2204.

Noise Rules

Virginia Beach short-term rentals must end outdoor amplified sound by 10 p.m. and cap overnight occupancy at three lodgers per bedroom after 11 p.m., conditions attached to every STR permit.

Key details: Outdoor sound curfew: No amplified sound 10 p.m.–10 a.m.. Overnight lodger cap: 3 overnight lodgers per bedroom max. Cap window: Applies 11:00 p.m. to 7:00 a.m.. Enforcement: CUP condition, Planning Department. Penalty: CUP or grandfather status revocation.

Violating the noise curfew or overnight lodger cap is grounds for conditional use permit or grandfathered-status revocation by City Council after notice and a hearing under Code of Virginia § 15.2-2204.

Taxes & Fees

Short-term rentals in Virginia Beach owe the 8% transient occupancy tax plus a $2 nightly flat fee, and operators must register annually with the commissioner of the revenue for a $50 fee.

Key details: Occupancy tax rate: 8% + $2 flat per night. Sandbridge district add-on: additional 1.5% of room charge. STR registration fee: $50 annual, to commissioner of revenue. Unregistered rental penalty: $500 per day of violation. Filing deadline: 20th of each month.

Offering an unregistered short-term rental costs a $500 penal fine per day of violation; repeated convictions can bar the specific property from registering at all, per Sec. 35-169(e)-(h).

Occupancy Limits

Virginia Beach short-term rentals cap overnight guests at three people per bedroom between 11 p.m. and 7 a.m., with separate limits on daytime events over 50 people.

Key details: Overnight cap: 3 people per bedroom. Overnight hours: 11 p.m. to 7 a.m.. Special permit trigger: events over 50 people. Max single event: 100 people. Large events allowed: 3 per calendar year.

Breaching the occupancy or event caps is a permit-condition violation; under § 241.2(15) the city council may revoke the conditional use permit or grandfathered status after notice and a hearing held per Code of Virginia § 15.2-2204.

Short-Term Rental Parking Rules

Virginia Beach requires short-term rental hosts to provide one off-street parking space per bedroom, with a written parking plan required when spaces can't fit on-site.

Key details: Parking ratio: 1 off-street space per bedroom. If space unavailable: Parking plan required, zoning approval. On-street parking: Never counts toward requirement. Stacking: Vehicle stacking allowed on-site. Grandfathered STRs: Minimum 1 off-street space still required.

Failing to meet the parking condition is a zoning violation; under subsection (15), the city council may revoke the short-term rental's conditional use permit or grandfathered status after notice and hearing, ending the rental use.

The Bottom Line

Virginia Beach is tougher than many cities when it comes to short-term rentals. Out of the 9 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in Virginia Beach, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Virginia Beach's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.