Virginia Regulations

Virginia Short-Term Rental Regulations: The 2026 Guide for Northern Virginia

Fairfax County, Arlington County, and Alexandria City each operate under their own STR rules. What's allowed in one jurisdiction might be prohibited in the next.

Last updated March 2026
~60 nights
Fairfax County unhosted cap
Primary Residence
Required in all 3 jurisdictions
Zoning Permit
Required across Northern Virginia
5.3%+
Virginia state sales tax + local TOT

Virginia State Law: The Framework

Virginia Code § 15.2-983 grants localities broad authority to regulate short-term rentals through zoning, licensing, and inspection requirements. Crucially, the state law limits localities from completely prohibiting STRs in single-family residential zones where the operator occupies the property as their primary residence.

  • Localities can require permits, impose night caps, restrict occupancy, and mandate inspections
  • Localities cannot outright ban STRs at an owner's primary residence in residential zones (with exceptions)
  • Virginia collects Transient Occupancy Tax (TOT) — localities impose additional local TOT
  • Virginia state sales tax (currently 5.3%) applies to STR revenue; localities add additional TOT (typically 2–7%)

Need help navigating Virginia's patchwork regulations? Get a free compliance assessment from Alcove Stays. Get a free assessment →

Fairfax County Short-Term Rental Regulations

Fairfax County is Northern Virginia's largest jurisdiction. The county allows short-term rentals with conditions through its Zoning Ordinance amendments.

  • Zoning permit required: A Home Occupation Permit is required before listing. Operating without this permit is a zoning violation.
  • Primary residence: STRs are generally permitted only at the host's primary residence. Non-owner-occupied properties face significant restrictions.
  • Night cap: Approximately 60 nights per year for unhosted vacation rentals — verify current cap with Fairfax County Zoning Administration.
  • Occupancy limits: Typically 2 guests per sleeping room, subject to health and safety codes.
  • HOA restrictions: Fairfax County's approval does not override HOA rules. Many Fairfax HOAs prohibit STRs.
  • Annual renewal: Permits require annual renewal and fee payment.
Tax TypeRateNotes
Virginia state sales tax5.3%State-level tax on STR revenue
Fairfax County TOTVariesVerify current rate with Fairfax County Tax Administration

Major booking platforms collect and remit these taxes automatically. Direct bookings are the host's responsibility.

Arlington County and Alexandria City

Arlington County

Arlington requires a zoning permit for vacation rentals. Primary residence requirement applies, and restrictions vary by property type. Contact Arlington County Zoning for current permit requirements and fees.

Alexandria City

Alexandria requires a Home Occupation Permit for STR operation. The property must be your primary residence. Compliance with zoning, safety, and tax requirements is mandatory.

Operating in Arlington or Alexandria? Alcove Stays can confirm your specific address requirements. Get a free assessment →

Frequently Asked Questions

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This content is for informational purposes only and does not constitute legal advice. Regulations change frequently — always verify current requirements with the relevant authorities.