Quick Answer: Can You Airbnb in Fairfax County?
Can you Airbnb your home in Fairfax County in 2026? Short answer: yes — but only the home you actually live in, and for no more than 60 nights a year. The county calls it ‘short-term lodging’: any dwelling occupancy for fewer than 30 days, in exchange for payment. It’s legal as an accessory use in any residential zoning district — but a county zoning permit must be in hand before you advertise, and advertising an unpermitted short-term lodging is itself a violation (Fairfax County Zoning Ordinance §§ 4102.7.O and 4102.1.I; rules effective October 1, 2018; figures below cross-checked against county and Virginia government pages in July 2026). A second Reston townhome running at nightly rates year-round is dead on arrival: the operator must be a permanent resident — the county’s FAQ pins that at living there at least 185 days out of the calendar year — one short-term lodging per primary residence, not per property you own.
The Six Limits That Decide Everything
Six limits do all the work. One: max 60 rental nights per calendar year, resetting January 1 — not on your permit anniversary. Two: max six adult lodgers per night; accompanying children don’t count. Three: one rental contract at a time — everyone in the house on the same contract. Four: you have to live there — spare room and weekend-away is the business, not a portfolio. Five: no events — parties, weddings, meetings, fundraisers, and commercial activity are prohibited in connection with a short-term lodging, paid or not. Six: one off-street parking space reservable for lodgers, with its location and your permit number in every ad. Workarounds fail fast: short-term lodging is prohibited in detached accessory structures, affordable and workforce dwelling units, and on lots with an accessory living unit — the converted garage and the basement in-law suite are both out.
Renters, Agents, and Guest Logs
Renters can host — the ordinance requires written owner consent, and Virginia Code § 15.2-983 bars a locality from banning an operator just for being a lessee where the owner agreed. Read your lease first: most Northern Virginia residential leases already prohibit short-term stays. You must also name an authorized agent: an adult other than you who consents to be reachable for any issue or emergency during a stay, with details on the application, posted in the rental area, and given to guests. You keep a guest log — name, address, and phone of every overnight lodger — produced on request to county enforcement.
The Permit: Cost, Timeline, and Paperwork
Apply through PLUS, the county’s permitting portal. The county Tax Administration’s short-term lodging page sets the fee at $200 for a two-year zoning permit — the county page controls, not third-party fee lists. It is a two-year permit, so calendar the expiration date: a listing still booking on an expired permit is an unpermitted listing. For current processing timelines, check the county page or call the Zoning Permits Section before you list. No inspection happens before issuance, but safety obligations land the moment it does: a working fire extinguisher, interconnected smoke detectors, CO detectors where there’s a fireplace or gas service, and an exit-route plan inside each sleeping-room door. § 4102.1.I lets the Zoning Administrator revoke a permit for noncompliance — operation must then cease, which on a booked calendar means cancellations, not a quiet wind-down.
Taxes: The 15% Your Guests Pay
Then the taxes. A guest bill carries 9% county transient occupancy tax — 3% main, 3% tourism, 3% regional transportation (§§ 58.1-3819/3824/1743) — plus 6% Virginia sales tax: 15% on top of your nightly rate. The 9% county rate took effect October 1, 2025 — anything published before late 2025 saying 7% is out of date. Northern Virginia’s combined sales tax rate is 6% (1% local + 5% state), and Virginia’s accommodations guidance subjects short-term lodging bookings to retail sales tax. The 9% applies in unincorporated Fairfax County; the Towns of Clifton, Herndon, and Vienna sit at 5%, and the independent cities of Fairfax and Falls Church set their own taxes and rules entirely. Monthly TOT returns go to the Department of Tax Administration, due by the last day of the month following the reporting month — file even with zero bookings. One last check: the county’s business license threshold is $10,000 of gross receipts, so 60 nights at $170 a night crosses it while 60 nights at $160 doesn’t. Run the number early.
The HOA Rule Nobody Reads First
The rule nobody reads first: your county permit does not override your HOA. Virginia Code § 15.2-110 stops the county from demanding association consent before issuing the permit — but a permit doesn’t invalidate restrictive covenants or POA by-laws. The county grants permission; your HOA can still refuse. Read the governing documents before you pay the $200, because more hosts get stopped by covenants than by zoning. In heavily HOA-governed areas like Burke or Chantilly, treat this as step zero.
The 30-Day Workaround
If the 60-night ceiling kills your math, the pivot is the 30-plus-night furnished let. Anything of 30 consecutive days or more isn’t short-term lodging at all — no zoning permit, no guest log, no county lodging tax — and it falls under ordinary landlord and tenant law instead. Northern Virginia fills this market well: federal contractors, gap-housing relocations, and hospital traffic around Tysons and Fairfax create steady demand for one-to-three-month furnished stays. It’s the legal home for the investor the short-term rules exclude — you just become a landlord, with a landlord’s obligations, at day 30.
FAQ: Fairfax County Airbnb Rules 2026
Sources: Fairfax County Zoning Ordinance §§ 4102.7.O and 4102.1.I; fairfaxcounty.gov Short-Term Lodging page and FAQ; Virginia Code §§ 15.2-983, 15.2-110, 58.1-3819, 58.1-3824, 58.1-1743; Fairfax County Department of Tax Administration, Short-Term Lodging in Fairfax County page ($200 two-year zoning permit, 9% TOT effective October 1, 2025, monthly filing, $10,000 BPOL threshold); City of Alexandria FY2025 budget Q&A (6% Northern Virginia sales tax rate: 1% local + 5% state); Virginia Department of Taxation accommodations guidance (retail sales tax on short-term lodging, December 2024). Weighing the 30-day furnished market, or comparing Loudoun or Alexandria short-term rules before you buy? Talk to Cornerstone Realty Group, and browse Fairfax homes for current inventory.
FAQ
Can I Airbnb a property I don’t live in?
No — the operator must be a permanent resident, living at the property at least 185 days out of the calendar year, with one short-term lodging per primary residence.
What does the Fairfax County short-term lodging permit cost?
$200 for a two-year zoning permit, per the county Tax Administration’s short-term lodging page. Apply through the PLUS permitting portal before you advertise — advertising an unpermitted short-term lodging is itself a violation.
What tax do guests pay?
15% total — 9% county transient occupancy tax plus 6% Virginia sales tax (Northern Virginia’s combined rate). The 9% county rate took effect October 1, 2025. File monthly TOT returns with the county, even with zero bookings.
Does the county permit overrule my HOA’s short-term rental ban?
No — HOA covenants win. The county grants permission; your association can still refuse. In heavily HOA-governed areas like Burke or Chantilly, treat this as step zero.