Local Airbnb rules2026 15 sources cited
Is Airbnb Legal in Virginia Beach? 2026 Rules, Permits & Taxes
Airbnb is legal in Virginia Beach for rooms in your own home and for whole homes that are grandfathered, in Sandbridge or in the oceanfront overlay, with a $500 yearly permit; guest taxes total 15% plus $2 a night.4,5,7
From 14 official sources and 1 Airbnb help page. Not legal advice.
The short answer
Virginia Beach Airbnb Rules in Brief
- Renting a room while you live in the home needs only an annual registration with the Commissioner of the Revenue ($50), not a zoning permit.
- Whole-home stays under 30 nights are allowed only in grandfathered homes, the Sandbridge district and the Oceanfront Resort overlay (conditional use permit first).
- Whole-home rentals need a $500 zoning permit each year, $1 million of liability insurance and one parking space per bedroom.
- Guests pay 9% city lodging tax (10.5% in Sandbridge), 6% state sales tax and $2 a night; violations are misdemeanors with fines up to $2,000.
Browse the live Virginia Beach Airbnb market See Every Virginia Beach ListingRevenue, occupancy and nightly rates are in the Virginia Beach Airbnb market report .
At a glance
Virginia Beach Airbnb Rules at a Glance
- Permit required
- Yes
- Taxes on a stay
- 15% + $2
- Fine for hosting without a permit
- Up to $2,000
- Listings showing a permit number
- 0%
- Latest rule change
- Oct 6, 2026
Listing figures: AirROI, 12 months to September 2026. A number on a listing doesn't prove the permit or license is valid, and a missing one doesn't prove there is none.
The rules in brief
The rules a Virginia Beach host meets first, each linked to the ordinance, statute or official page it comes from. Details and exceptions follow below.
| Topic | Rule |
|---|---|
| Permit | Annual zoning permit for each whole-home rental4 |
| Who can host | Home sharing needs no zoning permit4 |
| Where | Oceanfront Resort overlay: conditional use permit first4 |
| Building rules | Condo and HOA rules still apply3 |
| Minimum stay | Under 30 consecutive nights counts as short-term4 |
| Guests | City guest rules: two people per bedroom after 11 p.m.8 |
| Listing display | On-site sign with the Short-term Rental Hotline1 |
| Platforms | Monthly tax returns, even when a platform collects6 |
| Safety | Life safety inspection report every five years4 |
| Insurance | $1 million liability insurance4 |
| Neighbors | No events larger than the overnight capacity8 |
Your home
Can You Host an Airbnb in Virginia Beach? It Depends on the Home
Whether you can host in Virginia Beach turns on whose home it is and whether you live there.
Your own home, rented whole while you're away
Allowed with conditionsAllowed only if the home is grandfathered, in the Sandbridge Special Service District or in the Oceanfront Resort overlay (conditional use permit first), and then with the $500 zoning permit, insurance, inspections and parking. Other homes are not on the city's list of properties eligible for a permit.4
A second home or investment property you don't live in
Allowed with conditionsPossible only where whole-home rentals are eligible: a grandfathered property, a Sandbridge property, or an oceanfront overlay property with a conditional use permit. Elsewhere in the city it cannot be registered as a short-term rental.4
A rented home or apartment (tenant hosting)
Allowed with conditionsState law bars a locality from banning hosting solely because the operator is a tenant when the owner has given permission, but the city's application asks for a sworn statement of the property's address and ownership, so a tenant needs the owner's written consent and should confirm the process with the Zoning Administration.3,4
A condominium or HOA community
Allowed with conditionsThe city permit does not override the association: recorded declarations and condominium instruments can still ban short stays.3
Permit
Do You Need a Permit for Airbnb in Virginia Beach?
Yes. Short-term rental hosts in Virginia Beach need the short-term rental zoning permit from the City of Virginia Beach Planning and Community Development (Zoning Administration); registration with the Commissioner of the Revenue. It costs $550 in the first year (A one-home host pays $500 for the zoning permit and $50 to register with the Commissioner of the Revenue each year, before insurance, inspection reports and any conditional use permit fee in the oceanfront overlay.) and $550 a year to renew.4,5,7
- Who needs it
- Every owner renting an entire dwelling for fewer than 30 consecutive days, one permit per address. A homeowner who only rents rooms while living in the home (home sharing) needs no zoning permit and registers with the Commissioner of the Revenue.4,5,7
- Issued by
- City of Virginia Beach Planning and Community Development (Zoning Administration); registration with the Commissioner of the Revenue
- Valid for
- The zoning permit expires one year after it is issued and is renewed every year; a conditional use permit in the Oceanfront Resort overlay is renewed every five years; the Commissioner of the Revenue registration is annual.
Fees
| Fee | Amount |
|---|---|
| Zoning permitAnnual zoning permit fee for each short-term rental address, paid after the city finds the application compliant. | $500 |
| Commissioner of the Revenue registrationAnnual registration fee for a whole-house rental by the owner. | $50 |
Who qualifies
- Grandfathered properties: registered with the Commissioner of the Revenue before July 1, 2018, with all transient occupancy taxes paid
- Properties in the Sandbridge Special Service District
- Properties in the Oceanfront Resort STR Overlay District, which first need a conditional use permit from City Council
- Properties that received a short-term rental conditional use permit before September 7, 2021 and lie outside an overlay district are also grandfathered
- Home sharing: the owner's principal residence, with the owner present during all rental periods
How to apply
- Check eligibility: a whole home must be grandfathered, in Sandbridge or in the Oceanfront Resort overlay (where a conditional use permit comes first).
- Register with the Commissioner of the Revenue (757-385-4515) and keep the receipt of registration.
- Gather the sworn statement form, life safety inspection report, structural safety inspection report, parking plan and proof of $1 million of liability insurance that lists the rental address.
- Submit the request in the city's Accela Citizen Access portal (Planning tab), or deliver it to Zoning Administration, 2403 Courthouse Drive.
- Pay the $500 fee when the city emails payment instructions; the permit is emailed once paid, and renting may begin only after final approval.
Applications go through the official application page .
Permit rules
- Annual zoning permit for each whole-home rental
- Each address used as a short-term rental needs its own zoning permit, renewed every year for $500. The permit expires one year after it is issued.4 Applies to: Whole-home rentals
- Annual registration with the Commissioner of the Revenue
- Every short-term rental registers each year with the Commissioner of the Revenue and files monthly lodging tax reports. The owner of a whole house pays a $50 registration fee.5,7
- On-site sign with the Short-term Rental Hotline
- Each rental posts one four-square-foot sign on the building that identifies it as a short-term rental, shows the Short-term Rental Hotline number and gives the owner or manager's contact details.1
- Monthly tax returns, even when a platform collects
- Lodging tax and the $2-a-night tax are reported and paid to the city by the 20th of each month for the prior month, with a zero filing in months without rentals.6
Who can host
Who Can Host an Airbnb in Virginia Beach, and Where
Virginia state law applies on top of Virginia Beach's own rules: the Virginia short-term rental regulations page covers the state license and what cities and counties can and can't regulate.
- Home sharing needs no zoning permit
- A homeowner who rents a room or rooms for fewer than 30 consecutive days while living in the home as a principal residence needs no zoning permit and registers only with the Commissioner of the Revenue.4 Applies to: Owner-occupied homes
- Grandfathered homes registered before July 1, 2018
- A rental registered with the Commissioner of the Revenue before July 1, 2018, with all lodging taxes paid, is grandfathered and may keep operating if it meets the conditions of Section 241.2.4 Applies to: Grandfathered properties · In force since July 1, 2018
- Grandfathered status ends with a large expansion
- Enlarging a grandfathered dwelling by more than 25% or 1,000 square feet, whichever is less, revokes its grandfathered status.4 Applies to: Grandfathered properties
- Sandbridge Special Service District is eligible
- Every property in the Sandbridge Special Service District may be used as a short-term rental once it has the zoning permit and meets the Commissioner of the Revenue's requirements.4 Applies to: Sandbridge
- Oceanfront Resort overlay: conditional use permit first
- A newly registering rental in the Oceanfront Resort STR Overlay District must get a conditional use permit from City Council before the zoning permit, and renews that conditional use permit every five years.4 Applies to: Oceanfront Resort STR Overlay District
- State law: no special use permit for a primary residence
- A local ordinance enacted after December 31, 2023 cannot require a special exception, special use permit or conditional use permit for a home the owner also lives in as a primary residence.3
- Condo and HOA rules still apply
- State law leaves recorded covenants, condominium instruments and association declarations in force, so a condominium or HOA can restrict short stays that the city allows.3
Operating rules
Operating Rules for Virginia Beach Short-Term Rentals
- Under 30 consecutive nights counts as short-term
- The city defines a short-term rental as an entire dwelling rented for fewer than 30 consecutive days for compensation, so stays of 30 days or more fall outside these rules.4
- No more than two rental contracts in any seven days
- A short-term rental may have no more than two rental contracts in any consecutive seven-day period.1
- $1 million liability insurance
- Applicants need proof of liability insurance of at least $1 million that covers rental activity and lists the rental's address, from an insurer the city accepts; some free policies offered through booking platforms do not qualify.4 Applies to: Whole-home rentals
- One off-street parking space per bedroom
- A short-term rental needs at least one off-street parking space for each bedroom, counted from the City Assessor's records, or a parking plan the zoning administrator approves; no on-street parking counts.4 Applies to: Whole-home rentals
- Life safety inspection report every five years
- The first permit application includes a life safety inspection report that stays valid for five years; in other years a life safety attestation form can replace it.4 Applies to: Whole-home rentals
- Structural safety report every three years
- A structural safety inspection report covering stairways, decks, porches and balconies is filed with the first permit request and again every three years.4 Applies to: Whole-home rentals
- Smoke and carbon monoxide alarms, fire extinguisher
- City inspectors check for a fire extinguisher in plain sight inside the unit and for working, interconnected smoke alarms and carbon monoxide detectors that were inspected within the last 12 months.1 Applies to: Whole-home rentals
- Three overnight guests per bedroom under the zoning conditions
- Section 241.2 caps the number of people on the property between 11 p.m. and 7 a.m. at three per bedroom.1
- City guest rules: two people per bedroom after 11 p.m.
- The neighborhood rules the city publishes for rental guests prohibit more than two people per bedroom in the home after 11 p.m.8
- No events larger than the overnight capacity
- A rental may not host events attended by more people than it can sleep (bedrooms times two) and may not obtain a special-event permit.8
- Noise, fireworks and open fires are prohibited
- Guests may not make noise that can be heard inside an adjoining residence, use any fireworks, or start open fires.8
- Responsible person reachable within 30 minutes
- The owner or operator must name a responsible person, who may be an agent, with a telephone number who can be contacted and address problems at the rental within 30 minutes; coming to the site is not required.1
- City Council can revoke permits and grandfathered status
- After notice and a hearing, City Council may revoke a conditional use permit or grandfathered status when a rental breaks the Section 241.2 conditions or any local, state or federal law.1
Taxes
How Much Are Airbnb Taxes in Virginia Beach?
About 15% on the nightly price, cleaning fee and guest service fee (9% city lodging tax plus 6% state sales tax) plus $2 a night; 16.5% plus $2 a night in Sandbridge.
15% in all, plus $2.00 a night
How the 15% on a Virginia Beach stay splits between the taxes in the table below; the flat nightly fee comes on top
- City transient occupancy (lodging) tax 9%
- Virginia sales tax 6%
- Median nightly rate, booked nights
- $295
- Taxes on that night (15% + $2)
- $46
- Guest pays, before Airbnb and cleaning fees
- $341
| Tax | Rate | Collected by |
|---|---|---|
| Virginia sales tax 6% of the total amount paid, including cleaning, additional and guest service fees | 6%6,12,15 | Airbnb |
| City transient occupancy (lodging) tax 9% of the total amount paid for lodging (10.5% in the Sandbridge Special Service District) | 9%6,7,15 | Airbnb |
| Flat room tax $2 for each night of lodging | $2 a night6,7,15 | Airbnb |
At Virginia Beach's median booked rate of $295 a night, the taxes collected on a booking come to about $46 a night.
What the host still handles
- Annual registration with the Commissioner of the Revenue, which sets up the lodging tax account ($50 for a whole-house rental by the owner)
- Monthly lodging tax and flat room tax returns by the 20th, including zero filings, for the part of each booking the platform did not collect
- A business license from the Commissioner of the Revenue when renting individual rooms, which the city classes as a lodging house
- Virginia sales tax, paid to Virginia Tax, on bookings the platform does not collect6,7,12,15
Fines
How to Avoid Airbnb Fines in Virginia Beach
Fines in Virginia Beach fall on hosting without the short-term rental zoning permit, or outside the rules above. With it in hand and the rules followed, none of the fines below apply.
- Breaking the short-term rental zoning rules is a misdemeanor punishable by a fine of up to $1,000; a violation left uncorrected after the court's deadline is a further misdemeanor, with fines up to $1,500 and then up to $2,000 for each succeeding ten-day period.2
- City Council can revoke a conditional use permit or grandfathered status after notice and a hearing.1
- Failing to file the monthly lodging tax return brings a statutory assessment plus a 10% penalty.7
Changes
What's Changed in Virginia Beach's Airbnb Rules
No change was scheduled when the rules were checked on October 17, 2026; the most recent are listed first.
- October 6, 2026Council to consider withdrawing the oceanfront overlay referral
A proposal to designate and reduce property in the Oceanfront Resort Short-Term Rental Overlay District went to City Council, which indefinitely deferred the proposed boundary and Alternative A; the city's page says Council would consider withdrawing its referral on Tuesday, October 6, 2026.9
- September 1, 2026 Not in forceCouncil defers the oceanfront overlay cut indefinitely
On September 1, 2026 City Council voted 11 to 0, by consent, to defer indefinitely both the ordinance reducing the Oceanfront Resort Short Term Rental Overlay District and the companion amendment to Section 241.2 on short-term rentals. Neither was adopted on that date, so the current overlay boundary stayed in place.9,14
- September 1, 2026Council bars leasing public garage spaces to meet oceanfront rental parking
On September 1, 2026 City Council voted 11 to 0, by consent, to approve an alternate version of the ordinance amending Section 2303 on short-term rental parking requirements. In the short-term rental overlay districts, leasing public parking spaces in garages no longer counts toward the required parking, except where the lease is part of a parking plan approved before September 1, 2026.14
- August 12, 2026 Not in forcePlanning Commission recommends cutting the oceanfront overlay (Alternative A)
On August 12, 2026 the Planning Commission voted 11 to 0 to recommend approval of the ordinance reducing the Oceanfront Resort Short-Term Rental Overlay District on the Alternative A map, which keeps a portion of the Vibe District, a block north of 17th Street and half a block south of it inside the overlay. It also voted 11 to 0 to recommend the companion amendment to Section 241.2. Staff told the Commission that legally operating rentals mapped out of the overlay would become grandfathered, while any operating illegally outside the new boundary could no longer apply for a conditional use permit.13
- August 12, 2025Violations become misdemeanors again
On August 12, 2025 City Council adopted Ordinances 3816, 3818 and 3821, amending Section 241.2 and Section 104 of the Zoning Ordinance; short-term rental zoning violations now follow the misdemeanor penalties of Section 104, with fines up to $1,000 and higher for uncorrected violations.1,2
- October 2024Task force recommends changes to enforcement and registration
The Short Term Rental Enforcement Taskforce, created by City Council in December 2023, met from June to October 2024 and recommended changes including criminal penalties, an application fee and parking relief for grandfathered homes.10
- September 7, 2021
- January 15, 2019
Listing data
What Virginia Beach's Listings Show
AirROI, a short-term-rental data firm, counted 1,390 active Airbnb listings in Virginia Beach over the 12 months to September 2026. 0% of them displayed a permit, license or registration number.
Minimum stay set on Virginia Beach listings
Share of active listings by the shortest stay they accept
Minimum stay in numbers
| Shortest stay accepted | Share of listings |
|---|---|
| 1 night | 13% |
| 2 nights | 28% |
| 3 nights | 25% |
| 4–6 nights | 17% |
| 7–29 nights | 12% |
| 30+ nights | 6% |
What officials report
- 2,699
- Active registrations with the Commissioner of the Revenue · as of February 2024Data presented to the Planning Commission on February 14, 2024 counted 2,699 active short-term rental registrations.10
- 3,030
- Short-term rental listings identified · as of February 2024The same February 2024 data counted 3,030 short-term rental listings in total.10
- 729
- Annual zoning permits issued · as of February 2024729 annual zoning permits had been issued and 193 were pending in February 2024.10
- 428
- Grandfathered properties · as of February 2024428 grandfathered properties and 248 approved conditional use permits were counted in February 2024.10
- 201
- Active home shares · as of February 2024201 home shares, which need no zoning permit, were active in February 2024.10
- 16
- Illegal short-term rentals identified in the Oceanfront Resort · as of August 2026At the August 12, 2026 Planning Commission hearing the Zoning Administrator reported 16 short-term rentals identified as operating illegally within the Oceanfront Resort that month, down from 107 identified in December 2025.13
Earnings
What Could a Virginia Beach Short-Term Rental Earn?
The rules shape the numbers: a permit that costs $550 in the first year and taxes of 15% plus $2 a night that Airbnb adds to guests' bills. For a specific address, the short-term rental calculator estimates revenue, occupancy and nightly rate from comparable listings, so you can test the numbers before applying.
FAQ
Virginia Beach Airbnb Rules: Frequently Asked Questions
Is Airbnb legal in Virginia Beach?
Yes, in limited ways. You can rent a room in the home you live in with only a Commissioner of the Revenue registration, and you can rent a whole home for under 30 nights only if it is grandfathered, in the Sandbridge Special Service District or in the Oceanfront Resort overlay.4
Do I need a permit for Airbnb in Virginia Beach?
How much is the Virginia Beach short-term rental permit?
Can I rent a home I don't live in?
Only in the places where whole-home rentals are eligible: grandfathered properties registered before July 1, 2018, the Sandbridge Special Service District, and the Oceanfront Resort overlay, where a conditional use permit from City Council comes first.4
Can I rent a room in my home on Airbnb in Virginia Beach?
Yes. Home sharing, renting rooms for under 30 consecutive days while you live in the home, needs no zoning permit; register it with the Commissioner of the Revenue.4
Does Airbnb collect hotel tax in Virginia Beach?
What is the occupancy tax rate in Virginia Beach?
What is the fine for an illegal short-term rental in Virginia Beach?
Is there a limit on how many nights I can host in Virginia Beach?
How many guests can stay in a Virginia Beach short-term rental?
Do I need insurance to host in Virginia Beach?
Yes. The permit application needs proof of liability insurance of at least $1 million that lists the rental address, from an insurer the city accepts; some free policies offered through booking platforms are not accepted.4
How long does the permit last and how do I renew it?
The zoning permit expires one year after it is issued and is renewed every year through the city's online portal or by mail. A conditional use permit in the Oceanfront Resort overlay is renewed every five years.4
How many Virginia Beach Airbnbs are registered?
Active registrations with the Commissioner of the Revenue: 2,699 as of February 202410. In AirROI's listing data, 0% of the 1,390 Virginia Beach Airbnb listings active in the 12 months to September 2026 displayed a permit, license or registration number. A number on a listing shows the host entered one; it doesn't confirm the permit is valid.
How much does an Airbnb make in Virginia Beach?
The average Virginia Beach listing earned $42,300 in the 12 months to September 2026, according to AirROI, averaged across every active listing including those booked for only part of the year. The Virginia Beach Airbnb market report breaks it down by month, property size and neighborhood.
Method
How These Rules Were Checked
Each rule on this page was checked in October 2026 against the official source cited beside it: the ordinance or statute, the permit office's own pages and the tax authority. Airbnb's help pages are cited on their own only for what Airbnb itself does, such as the taxes it collects and the permit checks it runs, and otherwise only beside an official source; news reports only for when a change was announced. Rules that could not be confirmed on an official page are left out. The Virginia Beach Code of Ordinances (Municode) sections 104 and 241.2 could only be read in a browser; Section 104 is used for the largest-fine fact. The City Council minutes of September 1, 2026 (edocs.vbgov.com) were also read in a browser.
Rules change with council votes, court rulings and new state laws, so the page is rechecked every three months and whenever a scheduled change takes effect. It summarizes the rules for information and is not legal advice; the local authority has the final word on any application.
Listing figures come from AirROI's tracking of 1,390 active Virginia Beach Airbnb listings over the 12 months to September 2026.
Sources
Sources
Each rule above links to the source it comes from. Official ordinances, statutes and government pages come first, then Airbnb's own help pages.
- 1. Zoning Ordinance Sec. 241.2, Short-term rental · City of Virginia Beach Code of Ordinances (Municode)
- 2. Zoning Ordinance Sec. 104, Violations and penalties · City of Virginia Beach Code of Ordinances (Municode)
- 3. Code of Virginia section 15.2-983: Creation of registry for short-term rental of property · Virginia General Assembly (Legislative Information System)
- 4. Short-Term Rentals · City of Virginia Beach Planning and Community Development
- 5. Short Term Rentals · City of Virginia Beach Commissioner of the Revenue
- 6. Transient Occupancy Taxes · City of Virginia Beach Commissioner of the Revenue
- 7. Transient Occupancy Tax Definitions & Information · City of Virginia Beach Commissioner of the Revenue
- 8. Short-Term Rental Rules for guests · City of Virginia Beach Planning and Community Development
- 9. Proposed STR Overlay · City of Virginia Beach Planning and Community Development
- 10. Short Term Rental Enforcement Taskforce: Recommendations (final report) · City of Virginia Beach Planning Department
- 11. Short-Term Rentals: What to Expect When Filing a Complaint · City of Virginia Beach
- 12. Retail Sales Tax on Accommodations · Virginia Department of Taxation
- 13. Virginia Beach Planning Commission August 12, 2026 formal hearing minutes · City of Virginia Beach Planning Commission
- 14. September 1, 2026 Informal and Formal Session Minutes · City of Virginia Beach City Council (City Clerk eDocs)
- 15. Occupancy tax collection and remittance by Airbnb in Virginia · Airbnb Help Center