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Charleston Short Term Rental Regulation: A Guide For Airbnb Hosts
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Disclaimer: This article is for informational purposes only and not legal advice. Regulations could have changed since this article was published. Check local zoning authorities and consult a legal professional before making any decisions.
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What are short term rental (Airbnb, VRBO) regulations in Charleston, South Carolina?
Short-term rentals of whole houses are officially banned in the City of Charleston. Homeowners are required to inhabit the home while hosting short-term guests, and no more than four adults may occupy a short-term rental at once3.
Starting a Short Term Rental Business in Charleston
To start a short-term rental (STR) business in Charleston, South Carolina, it is essential to understand the specific regulations and requirements set forth by the city. The process involves obtaining a short-term rental permit and adhering to strict criteria.
Here's a detailed guide to help you navigate the steps involved in starting an STR business in Charleston:
Understand the Regulations: The City of Charleston has enacted stringent regulations for short-term rentals. For instance, under the new ordinance, homeowners are required to inhabit the home while hosting short-term guests, and no more than four adults may occupy a short-term rental at once49.
Determine Property Eligibility: Properties eligible for commercial short-term rentals in downtown Charleston generally include apartment condominiums above the main thoroughfares' shops and restaurants. For residential properties, specific criteria must be met, such as the property being declared as the owner's primary residence and the owner being physically present near the property when tenants are present2.
Obtain a Short-Term Rental Permit: To operate an STR in Charleston, property owners must obtain a short-term rental permit from the city's Department of Planning, Preservation, and Sustainability. The permit must be renewed annually by the original date of issuance5.
Comply with Zoning and Licensing Requirements: Property owners must ensure compliance with zoning and licensing requirements, including the submission of all necessary documentation with the permit application1.
Understand Tax Obligations: Short-term rental operators in Charleston are required to collect accommodations taxes. Property owners are ultimately responsible for collecting these taxes from the renters, even if a property manager is hired8.
Stay Informed about Changes: It's important to stay informed about any changes to the regulations and requirements for short-term rentals in Charleston, as the city's ordinances may be subject to updates and amendments7.
By following these steps and ensuring full compliance with the city's regulations, property owners can establish and operate a short-term rental business in Charleston, South Carolina. It's crucial to conduct thorough research and seek professional guidance to navigate the intricacies of the local STR regulations and requirements.
Short Term Rental Licensing Requirement in Charleston
If you're planning to start a short-term rental business in Charleston, South Carolina, you must comply with the city's strict regulations. The City of Charleston's Department of Planning, Preservation, and Sustainability requires homeowners to obtain a short-term rental license to operate a short-term rental in the area.
Homeowners must also adhere to the occupancy and hosting requirements, which include inhabiting the home while hosting short-term guests and allowing no more than four adults to occupy a short-term rental at once3.To obtain a short-term rental license, homeowners must submit a Commercial Short Term Rental Application, completed and notarized for each STR unit.
They must also provide a site plan or survey of the property, drawn to scale, that shows all buildings, driveways, and parking spaces, and notes the location of the proposed STR unit and the location of each required off-street parking space for all uses on the property (dwelling, STR use, etc.). Photographs showing the current views of the exterior of the building where the STR unit is proposed are also required.
Complete floor plans, drawn to scale, for the entire building where the STR unit will be located with all rooms labeled (living, dining, kitchen, bedroom, bathroom, stairs, etc.) and all interior walls and doorways shown. The plans must clearly note all rooms that will be used for the STR use. Floor plans are not required to be drawn by a design professional but must be to scale. Non-refundable fees:
Zoning application fee must be paid at the time of application submittal. Fire Marshal review fee, Fire Marshal inspection fee, and1.Homeowners must renew their short-term rental permit annually by the original date of issuance and pay the applicable fees2.
The City of Charleston has dedicated staff members for short-term rental enforcement, and those operating illegal short-term rentals will not be "grandfathered in." The city strictly enforces the regulations, and homeowners must comply with the rules to avoid penalties3.
If you're interested in starting a short-term rental business in Charleston, you must ensure compliance with the short-term rental regulations in Charleston, which include obtaining a short-term rental license and adhering to the occupancy and hosting requirements.
Review the specific criteria and restrictions for the property, such as the number of adults allowed and the requirement for the homeowner to inhabit the property during the guests' stay. Obtain the necessary application materials and pay the applicable fees for the short-term rental permit. Renew the short-term rental permit annually by the original date of issuance234.
Required Documents for Charleston Short Term Rentals
To obtain a short-term rental permit in Charleston, homeowners must submit an application packet that includes several required documents. The application materials vary depending on the type of short-term rental, but generally include the following:
- Short-Term Rental Extended Home Rental Application Packet1
- Commercial Short Term Rental Application2
- Applicable fees3
- Site plan or survey of the property, drawn to scale, that shows all buildings, driveways, and parking spaces, and notes the location of the proposed short-term rental unit and the location of each required off-street parking space for all uses on the property (dwelling, short-term rental use, etc.) 2
- Photographs showing the current views of the exterior of the building where the short-term rental unit is proposed2
- Complete floor plans, drawn to scale, for the entire building where the short-term rental unit will be located with all rooms labeled (living, dining, kitchen, bedroom, bathroom, stairs, etc.) and all interior walls and doorways shown. The plans must clearly note all rooms that will be used for the short-term rental use. Floor plans are not required to be drawn by a design professional but must be to scale2
It is important to note that all permits are required to be renewed annually by the original date of issuance, and applicable fees must be paid at the time of application submittal3. Additionally, homeowners must comply with all current requirements of Article 6.8 of the Charleston County Zoning and adhere to the city's short-term rental regulations1.
Homeowners must also ensure that their short-term rental property meets specific criteria and restrictions, such as the number of adults allowed and the requirement for the homeowner to inhabit the property during the guests' stay4. The City of Charleston has dedicated staff members for short-term rental enforcement, and those operating illegal short-term rentals will not be "grandfathered in."
The city strictly enforces the regulations, and homeowners must comply with the rules to avoid penalties3.In conclusion, obtaining a short-term rental permit in Charleston requires homeowners to submit several required documents and comply with the city's regulations. Homeowners must ensure that their property meets specific criteria and restrictions and renew their permit annually to avoid penalties.
Charleston Short Term Rental Taxes
Charleston requires short-term rental operators to collect and remit various taxes, including the Charleston County Accommodations Tax of 2.0%, which is remitted to Charleston County, and the City of Charleston Accommodations Tax of 2.0%, which is remitted to the city3.
Additionally, short-term rental operators must collect and remit state sales tax of 5.0%, state accommodations tax of 2.0%, local option sales tax of 1.0%, county transportation tax of 1.0%, and school district/education tax of 1.0%, all of which are remitted to the state3.
The total taxes on accommodations amount to 12.0%3. It is important to note that even if a property manager is hired, the property owner is ultimately responsible for collecting these taxes from renters and itemizing them on rental bills3.
South Carolina Wide Short Term Rental Rules
South Carolina does not have a statewide law governing short-term rentals, but some local governments have enacted their own regulations. Here is a summary of the key points regarding short-term rental rules in South Carolina:
Local regulations: Some local governments in South Carolina have imposed specific rules for short-term rentals, such as requiring owners to secure permits before operating. These regulations can vary depending on the location3.
Charleston's short-term rental laws: In 2018, Charleston ended its ban on vacation rentals and enacted stringent restrictions on short-term rentals. Some of these restrictions include the requirement for homeowners to inhabit the home while hosting short-term guests and limiting the number of adults to four per rental5.
Tax requirements: Short-term rentals in South Carolina are subject to tax requirements. Under the state's tax laws, short-term rentals are rentals that go on for less than 90 continuous days3.
Legislation: In 2023, the South Carolina Legislature introduced House Bill 3253, which sought to prohibit local governments from prohibiting short-term rentals. Although the bill did not pass, it could resurface in 20243.
In conclusion, South Carolina does not have a statewide law governing short-term rentals, but local governments have the authority to enact their own regulations. These regulations can vary depending on the location, and property owners should be aware of the specific rules in their area before operating short-term rentals.
Does Charleston Strictly Enforce STR Rules?
Charleston, South Carolina, enforces short-term rental (STR) regulations strictly, ensuring that homeowners comply with the city's ordinances and zoning codes.
Here's a summary of the enforcement measures in place:
Dedicated enforcement staff: The City of Charleston has allocated resources to enforce short-term rental regulations. This includes three staff members dedicated to short-term rental enforcement and a modern, user-friendly system for handling permits and applications6.
No grandfathering for existing STRs: The city does not "grandfather in" existing short-term rentals that are operating illegally. These properties must discontinue their STR operations under penalty of law6.
Annual permit renewal: All short-term rental permits are required to be renewed annually by the original date of issuance. This ensures that property owners maintain compliance with the city's regulations7.
Strict enforcement of occupancy limits: Homeowners are required to inhabit the home while hosting short-term guests, and no more than four adults may occupy a short-term rental at once. The homeowner doesn't have to physically be in the home at all times, but at least one full-time resident must sleep there each night of the renters' stay6.
Application materials and fees: Property owners must submit the necessary application materials and pay the applicable fees for a short-term rental permit. These include a completed Commercial Short Term Rental Application, site plan or survey, photographs, floor plans, and other required documents2.
In conclusion, Charleston enforces short-term rental rules strictly, requiring property owners to obtain a permit, maintain occupancy limits, and comply with other regulations. The city has dedicated resources to enforce these regulations and ensure compliance with the city's ordinances and zoning codes.
How to Start a Short Term Rental Business in Charleston?
Starting a short-term rental business in Charleston, South Carolina, involves several steps and adhering to strict regulations. Here's a straightforward guide on how to proceed:
1. Ensure Compliance with Short-Term Rental Regulations
- Short-term rentals of whole houses are banned in Charleston6.
- Homeowners must inhabit the home while hosting short-term guests6.
- No more than four adults may occupy a short-term rental at once6.
- Obtain a short-term rental license from the city's Department of Planning, Preservation, and Sustainability6.
2. Meet the Eligibility Criteria for Short-Term Rentals
- The property must be an accessory unit, and the main house cannot be rented short-term3.
- The owner must declare the property as their primary residence3.
- The owner must be physically present near the property when tenants are present3.
- There must be at least one off-street parking space exclusively designated for the rental tenant3.
3. Prepare the Necessary Documents and Pay Fees
- Complete a Commercial Short Term Rental Application for each individual unit4.
- Provide a site plan or survey of the property, drawn to scale, showing all buildings, driveways, parking spaces, and the location of the proposed STR unit5.
- Submit floor plans, drawn to scale, for the entire building where the STR unit will be located5.
- Pay the required fees, including the zoning application fee, Fire Marshal review fee, and Fire Marshal inspection fee5.
4. Obtain the Necessary Permits and Licenses
- A Short Term Rental Permit must be renewed annually by February 289.
- The associated business license must be renewed by April 309.
- A separate permit and business license is required for each STR unit9.
5. Advertise the Short-Term Rental Property
- Include the maximum occupancy and the STR permit number in the property's advertising9.
6. Maintain Records and Comply with Rules
- Keep a guest register with names, addresses, and dates of occupancy for all guests6.
- Ensure that no common areas or other areas serving more than one dwelling unit and/or commercial short-term rental on the lot are used without proper permits5.
Who to Contact About Short Term Rental Regulations and Zoning?
Charleston Department of Planning, Preservation & Sustainability
Phone: 843-724-3781
Email: [email protected]
What do Airbnb hosts in Charleston on Reddit and Bigger Pockets think about local regulations?
When it comes to the opinions of Airbnb hosts in Charleston on Reddit and Bigger Pockets, the search results did not provide specific responses. However, it is important to note that the City of Charleston has strict enforcement measures in place to ensure compliance with the city's ordinances and zoning codes.
Homeowners must carefully adhere to these regulations when operating short-term rentals in the area to avoid penalties. Luxury Simplified Retreats, a property management company in Charleston, is well-versed in the city's rental guidelines and can help homeowners navigate the legalities of short-term rentals.
They recommend that homeowners comply with the rules to avoid undue risk in this niche market.Overall, the short-term rental regulations in Charleston, South Carolina, are strict, with specific requirements and enforcement measures in place to ensure compliance with the city's ordinances and zoning codes.
Homeowners must carefully adhere to these regulations when operating short-term rentals in the area.
🤔 Confused? Get your vacation rental license, tax registration and inspections done for you
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