Key Facts Full Breakdown Violations FAQ Sources

Fairfax County, VA Short-Term Rentals: Primary-Residence-Only Rule (2026)

Heavy Restrictions

Verified 1 week ago|Source: Fairfax County Code →

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Key Facts

Residency required: 185+ days per year
State authority: VA Code 15.2-983
Investor STRs: Generally prohibited
Proof needed: ID, voter, or tax records

These county ordinances apply to of Fairfax County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Summary

Fairfax County requires short-term lodging to occur in the operator primary residence. Non-owner-occupied investment STRs are not permitted in most residential zoning districts under Zoning Ordinance Section 6-409.

Full Breakdown

Fairfax County Zoning Ordinance Section 6-409 defines short-term lodging as a use accessory to a primary dwelling occupied by the owner or long-term tenant. The operator must reside at the property at least 185 days per year and provide proof of primary residency such as a Virginia driver license, voter registration, or tax filing. Whole-house investor rentals operating year-round in residential districts are prohibited. The rule reflects Virginia Code Section 15.2-983 partial preemption while preserving local zoning authority.

Violations & Fines

Operating a non-primary-residence STR can result in zoning violation notices, civil penalties up to 1,000 dollars per violation under Virginia Code Section 15.2-2286, and permit denial or revocation by Fairfax County.

Frequently Asked Questions

Can I rent a second home in Fairfax County as an STR?

Generally no. Zoning Ordinance Section 6-409 limits STRs to the operator primary residence. Non-primary investor properties typically cannot get a permit.

What proves primary residence?

A Virginia driver license, voter registration, vehicle registration, or state tax return showing the STR address as your primary home satisfies the residency requirement.

How does Fairfax County compare?

See how Fairfax County's primary-residence-only rule rules stack up against other locations.

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Fairfax County, VA Short-Term Rentals: Primary-Residence-Only Rule (2026)

Key Facts

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

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