Durham County, NC Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- STR-specific headcount
- None set by Durham
- B&B home cap
- 8 guest rooms max
- B&B inn cap
- 9 to 12 guest rooms
- Statutory basis
- NCGS 130A-247
- Overcrowding
- Minimum-housing code applies
Summary
Durham sets no short-term-rental-specific headcount, but the UDO's overnight-lodging category caps guest capacity: a state-regulated bed and breakfast home in a Durham home is limited to no more than eight guest rooms. General residential occupancy and building-code standards otherwise govern how many people a dwelling can lawfully house.
Bed and breakfast home. - A business in a private home of not more than eight guest rooms that offers bed and breakfast accommodations for a period of less than one week ... Is the permanent residence of the owner or the manager of the business.
Full Breakdown
Durham's joint UDO does not fix a standalone occupancy number for short-term rentals. The closest zoning limit is the bed-and-breakfast use, which the UDO defines by reference to NC General Statute 130A-247. Under that statute, a bed and breakfast home is a business in a private home of not more than eight guest rooms offering accommodations for periods of less than one week, and a bed and breakfast inn has at least nine but not more than twelve guest rooms. Beyond that, a whole-house rental is bound by the same residential occupancy and North Carolina building-code standards as any dwelling, and by any HOA or lease limits.
Violations & Fines
Exceeding the eight-guest-room bed-and-breakfast threshold pushes the use into a bed-and-breakfast inn or hotel category with stricter zoning approval; operating the wrong use is a UDO violation subject to civil penalties. Overcrowding may also be cited under Durham's minimum-housing code.
Frequently Asked Questions
How many guests can my Durham rental host?
What if I have more than eight rooms?
Sources & Official References
Other rules in Durham County
Compare Durham County to another location·View the North Carolina short-term rentals overview
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