Fairfax, VA Short-Term Rentals: Short-Term Rental Permits (2026)
Short-term rental permit rules in Fairfax, VA, also called Airbnb permits, vacation rental licenses, or STR registration, list the application steps, fees, and operating requirements for hosting.
Key Facts
- Fact
- Authority: VA Code 15.2-983 enacted 2017
- Fact
- STR registration required with the City Zoning Administrator
- Fact
- BPOL business license required from Commissioner of the Revenue
- Fact
- Transient Occupancy Tax of 4 percent plus state sales tax applies
- Fact
- Zoning approval required; owner-occupancy may be required in some zones
Summary
The City of Fairfax requires short-term rental operators to register with the City and obtain zoning approval before offering rentals of fewer than 30 consecutive days. Operators must also obtain a BPOL business license. Authority is derived from Virginia Code Section 15.2-983, which expressly authorizes localities to regulate short-term rentals. Failure to register before operating can result in civil penalties and enforcement action by the Zoning Administrator.
§ 15.2-983. Creation of registry for short-term rental of property.
A. As used in this section:
"Operator" means the proprietor of any dwelling, lodging, or sleeping accommodations offered as a short-term rental, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other possessory capacity.
"Short-term rental" means the provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy.
B. 1. Notwithstanding any other provision of law, general or special, any locality may, by ordinance, establish a short-term rental registry and require operators within the locality to register annually. The registration shall be ministerial in nature and shall require the operator to provide (i) the complete name of the operator, (ii) the address of each property in the locality offered for short-term rental by the operator, and (iii) an attestation that the property owner has granted permission for use of such property as a short-term rental if the operator is a lessee or sublessee. A locality may charge a reasonable fee for such registration related to the actual costs of establishing and maintaining the registry.
C. 1. If a locality adopts a registry ordinance pursuant to this section, such ordinance may include a penalty not to exceed $500 per violation for an operator required to register who offers for short-term rental a property that is not registered with the locality. Such ordinance may provide that unless and until an operator pays the penalty and registers such property, the operator may not continue to offer such property for short-term rental. Upon repeated violations of a registry ordinance as it relates to a specific property, an operator may be prohibited from registering and offering that property for short-term rental.
Full Breakdown
The City of Fairfax regulates short-term rentals (STRs) under the express authority of Virginia Code Section 15.2-983, enacted in 2017, which permits Virginia localities to adopt STR ordinances requiring registration. Because Virginia is a Dillon's Rule state, this statutory grant is essential to local authority. STRs are typically defined as the rental of a residential dwelling or portion thereof for fewer than 30 consecutive nights.
Operators must register their STR with the City before advertising or accepting bookings. Registration involves submitting property information, operator contact details, designation of a local responsible agent (if the operator does not reside in Fairfax), proof of ownership or landlord consent, and compliance verification with zoning, building, and fire safety standards. A registration fee applies and the registration typically must be renewed annually.
In addition to STR registration, operators must obtain a City of Fairfax Business, Professional, and Occupational License (BPOL) from the Commissioner of the Revenue. The BPOL is required because rental of lodging for fewer than 30 days constitutes a business activity under Virginia Code Section 58.1-3700 et seq. Operators are also responsible for collecting and remitting the City's Transient Occupancy Tax (TOT) of 4 percent plus Virginia state sales tax (5.3 percent base plus regional add-ons).
Zoning approval is also required. STRs are typically permitted only in certain residential zones and may require the dwelling to be the operator's principal residence, or may limit the number of rental days per year. Non-owner-occupied STRs (whole-house rentals) may be subject to tighter restrictions or prohibited in some zones. Operators should confirm their property's zoning designation and any conditional use requirements with the Zoning Administrator.
Operating an unregistered STR violates the City Code and can result in civil penalties, enforcement orders, and potential injunctive action. Platforms such as Airbnb and Vrbo auto-collect state sales tax, but operators remain responsible for local TOT remittance unless a voluntary collection agreement applies.
Frequently Asked Questions
How do I register my short-term rental in Fairfax City?
Do I need to live in the home to rent it short-term?
Does Airbnb handle my local taxes?
Sources & Official References
Other rules in Fairfax
How Fairfax compares: Most Airbnb-Friendly Cities in America·Compare Fairfax to another location·View the Virginia short-term rentals overview
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Short-Term Rental Permits in Nearby Cities
How other cities in Fairfax County handle short-term rental permits.