Fairfax, VA Short-Term Rentals: Occupancy Limits (2026)

Occupancy limits for short-term rentals in the City of Fairfax are derived from a combination of local zoning standards, the Virginia Uniform Statewide Building Code (USBC), and the Virginia Statewide Fire Prevention Code. These limits are designed to prevent overcrowding, ensure adequate egress, and minimize neighborhood disruption.

For residential dwellings used as STRs, occupancy is typically calculated by bedroom count. A common formula is two adults per legal bedroom plus two additional guests, though the specific ordinance may cap total guests at a lower number (such as eight or ten guests). Children under a certain age may or may not count depending on local rules. A legal bedroom under the USBC must meet minimum square footage (typically 70 square feet for one occupant, 50 additional square feet per additional occupant), ceiling height, ventilation, and egress window requirements.

The STR ordinance typically prohibits using the property for events such as weddings, receptions, corporate retreats, bachelor or bachelorette parties, or any gathering that exceeds the normal overnight occupancy limit. Daytime guests are also often restricted to a specific additional number beyond overnight occupants. Amplified music, outdoor parties after quiet hours, and commercial event activities would violate both the STR rules and the City's noise ordinance.

Operators must post a notice inside the rental identifying the maximum occupancy, emergency contact information, the location of fire extinguishers and smoke detectors, and local quiet hours. This posting is often required as a condition of registration. Smoke alarms and carbon monoxide detectors are required under the USBC, and working fire extinguishers are commonly required by the local fire marshal.

Violations of occupancy limits can be enforced through civil penalties, revocation of STR registration, and in extreme cases, Common Law Nuisance Abatement. Neighbors are often the primary source of complaints, and the City investigates through the Zoning Administrator.