Fairfax, VA Short-Term Rentals: Registration Rules (2026)

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.