A homestay is an accessory use to a residential dwelling that provides transient lodging, which means guest rooms are occupied for less than 30 consecutive days. The number of guest bedrooms that may be rented depends on the property's zoning district. A homestay may have no more than five guest bedrooms available for lodging.

Common Names:

• Short-Term Rentals (STRs)
• Airbnb
• VRBO
• Transient Lodging

In Albemarle County, homestays were previously referred to as Bed and Breakfasts or Accessory Tourist Lodging

Regulations:

The regulations for homestays are located in Section 5.1.48 of the Zoning Ordinance.

Where are Homestays Allowed?

A homestay may operate only in:

• Single-family detached dwellings
• Eligible accessory sleeping units

A homestay is not permitted in:

• Apartments
• Condominiums
• Duplexes
• Townhouses
• Other attached dwellings

Accessory Sleeping Units

An accessory sleeping unit may be used as part of a homestay only when permitted by the zoning regulations.

Accessory sleeping units must meet all of the following requirements:

• The property must be located in the Rural Area zoning district.
• The accessory sleeping unit must meet the primary structure setback requirements.

A Special Exceptionis required if the accessory sleeping unit:

• Was constructed after August 7, 2019.
• Is located on a parcel smaller than five acres.

Unhosted Stays

An Unhosted Stay allows the property owner to be away during guest stays.

Unhosted Stays are permitted only when:

• The property is located in the Rural Area zoning district of five (5) acres or more.
• The parcel contains at least five acres.
• The County approves the request as part of the Homestay Permit application.

If approved, the owner may be absent for:

• Up to 7 rental days per month.
• Up to 45 rental days during a calendar year.

Property Requirements Based on Zoning and Parcel Size

The number of guest bedrooms and other homestay requirements depend on your property's zoning district and parcel acreage.

To determine the requirements for your property:

1. Locate your property using the County GIS.
2. Identify your zoning district and parcel acreage.
3. Review the table below to determine the regulations that apply to your property.

All homestays in Albemarle County must meet the following requirements:

Owner Occupancy Requirements:

The property owner must:

• Live on the property as their primary residence.
• Be present during every guest stay, unless the property has been approved for "Unhosted Stays"

OR

• Designate a representative who:
• Lives on the property as their primary residence, and
• Is present on the property during all guest stays

Important: A Special Exception is required if a designated representative will occupy the property instead of the owner.

Parking Requirements

You must provide off-street parking for your homestay.

Required parking includes:

• One parking space for each guest bedroom.
• Two additional parking spaces for the dwelling.

All required parking spaces must be located on your property in a driveway, designated parking area, or garage. Parking on public streets does not count toward the required parking.

Responsible Agent

Every homestay must designate a Responsible Agent.

The Responsible Agent is responsible for responding to issues or emergencies related to the homestay.

The Responsible Agent's contact information must be provided to adjoining property owners as part of the application process.

Serving Food

If you plan to serve food to overnight guests, approval from the Virginia Department of Health may be required before you begin operating.

Application Review

After you submit your application, a Permit Technician will review it to verify that all required information and documents have been provided.

If additional information is needed, you will be notified through the Civic Access Portal.

Once the application is verified, an invoice will be issued. Payment is required before the review process can begin.

After payment is received, your application will be placed in review and assigned to a Code Compliance Officer.

On-Site Safety Inspection

A Code Compliance Officer will contact you to schedule the required on-site safety inspection.

During the inspection, the Code Compliance Officer will verify that the property complies with the Homestay Ordinance and applicable safety requirements.

You will also be required to provide documentation showing that the property is your primary residence.

Examples of acceptable documentation include:

• Driver's license
• Passport
• Voter registration card
• Another government-issued document showing your residency

Neighbor Notification

Before your Homestay Clearance can be approved, you must notify all adjoining property owners.

The Code Compliance Officer will provide:

• A list of adjoining property owners.
• An Abutting Owner Notification Letter.

You must mail the notification letter before your on-site safety inspection.

The notification letter includes the contact information for your Responsible Agent.

Homestay Clearance

After all reviews have been completed and the required inspection has been approved, Community Development will issue your Homestay Clearance.

Once your Homestay Clearance has been issued, you may begin operating your homestay, provided all other applicable requirements have been met.

Initial Safety Inspection

Before your Homestay Clearance can be approved, your property must pass an on-site safety inspection conducted by Community Development.

During the inspection, a Code Compliance Officer will verify that your property meets the minimum safety requirements for a homestay.

The inspection includes, but is not limited to, the following:

Property Address

Your property address must be clearly visible from the roadway so emergency responders can quickly locate the property.

If the property contains more than two structures:

• Each structure must display its address.
• Each structure used as a homestay must have its own unique address.

Fire Extinguisher

Install at least one 2A:10BC fire extinguisher in the kitchen area.

For best visibility and access, mount the fire extinguisher on a wall instead of storing it inside a cabinet.

Emergency Evacuation Plan

Display an emergency evacuation plan in each guest bedroom.

The evacuation plan must include:

• Directions to the nearest exit.
• The property's 911 address.

Emergency Escape Windows

Each guest bedroom must have an operable emergency escape and rescue window.

The window must:

• Open and close properly.
• Not be painted or sealed shut.
• Meet the requirements of the Virginia Uniform Statewide Building Code.

Electrical Safety

Extension cords may not be used as permanent wiring.

Power strips may be used only if they are properly rated and include built-in overcurrent protection.

The electrical panel must remain accessible at all times.

Smoke Alarms

Install interconnected smoke alarms:

• In every sleeping room.
• Outside each sleeping room, near the bedrooms.
• On every level of the home, including basements and habitable attics, as required by the Virginia Uniform Statewide Building Code.

Swimming Pools

If your property has a swimming pool, additional safety requirements apply.

Before your Homestay Clearance can be approved, the swimming pool must comply with all applicable safety requirements. During the on-site inspection, the Code Compliance Officer will verify that required safety measures are in place.

Depending on the type of pool and its features, additional requirements may include:

• Barriers or fencing.
• Self-closing and self-latching gates.
• Safety covers or other protective devices, where applicable.
• A functional door alarm on any exterior door that opens directly into the pool area.
• Compliance with applicable Building Code and Zoning requirements.

If your property includes a swimming pool, additional information will be provided during the application review process.

Annual Fire Safety Inspection

After your Homestay Clearance has been approved, an annual Fire Safety Inspection conducted by Albemarle County Fire Rescue (ACFR) is required to remain in compliance.

It is the responsibility of the homestay operator to schedule this inspection.

Community Development does not schedule annual Fire Safety Inspections.

Operating Your Homestay

Once your Homestay Clearance has been approved, you may begin operating your homestay, provided all other applicable County and State requirements have been met.

As a homestay operator, you are responsible for maintaining compliance with all applicable regulations.

Annual Short-Term Rental Registry Renewal

Approved homestays must renew their Short-Term Rental Registry each year.

Renewal applications:

• Open in January.
• Must be submitted by April 1.
• Must be submitted through the Civic Access Portal.

For renewal instructions and application types, see the Annual Renewal Requirements section.

Annual Fire Safety Inspection

Every approved Homestay must complete an annual fire safety inspection conducted by Albemarle County Fire Rescue (ACFR).

It is the Homestay operator's responsibility to schedule this inspection.

Business License

A current business license is required to remain in compliance with County requirements.

Questions regarding business licenses should be directed to the Albemarle County Finance Department.

Annual Renewal Requirements

Annual Short-Term Rental Registry Renewal

If your homestay is active and is not exempt from the Short-Term Rental Registry requirements, you must renew your registration each year.

Annual renewals:

• Open in January.
• Must be submitted by April 1.
• Must be submitted through the Civic Access Portal.
• Require payment of the applicable annual registry fee.

Renewing your Short-Term Rental Registry is separate from renewing your Business License.

Keep your contact information up to date in the Civic Access Portal so you can receive renewal reminders and other important notifications.

Which Application Should I Choose?

Choose the application that matches your situation.

Short-Term Rental Renewal

Select this application if:

• Your short-term rental is active.
• Your property is not exempt from the registry requirements.
• Your rental is temporarily inactive, but you plan to operate again.

Short-Term Rental Exempt

Select this application if your property qualifies for an exemption under §15.2-983 of the Code of Virginia.

You may qualify for an exemption if you are:

• A property owner represented by a licensed real estate professional.
• A licensed real estate professional.
• Registered under the Virginia Real Estate Time-Share Act.
• Licensed or registered by the Virginia Department of Health to provide lodging.
• Licensed or registered by Albemarle County to rent or manage real property, including:
  • Hotels
  • Motels
  • Campgrounds
  • Bed and breakfast establishments

Important: Even if your property qualifies for an exemption, you must submit the annual application each year to provide or update your contact information.

How to Renew

The following steps apply to both the Short-Term Rental Renewal and Short-Term Rental Exempt applications.

1. Log in to the Civic Access Portal.
2. Select the drop-down arrow next to your name.
3. Select My Businesses.
4. Open your Business Number.
5. Select the Licenses tab.
6. Open your current license.
7. Select Renew.
8. Complete the renewal application.
9. Submit the required payment, if applicable.
10. Submit your annual Short-Term Rental Registry information.

Renewal Deadline

Annual renewals must be submitted by April 1.

If your renewal is not submitted by the deadline, you may be subject to penalties in accordance with Albemarle County Code § 7-603.

Permit Fees

Permit fees are established by the Albemarle County Fee Schedule and may change periodically. After your application has been verified, an invoice will be issued through the Civic Access Portal. Payment is required before the review process can begin.

To view the current permit fees, see the Albemarle County Fee Schedule.

. 

Annual Short-Term Rental Registry Fees

If your homestay is active and is not exempt from the Short-Term Rental Registry requirements, you must renew your registration each year.

Annual renewal includes:

• Submission of the Short-Term Rental Registry Annual Application.
• Payment of the applicable annual registry renewal fee.
• Completion of the required annual Fire Safety Inspection and payment of the inspection fee, if applicable.

County staff will contact active, non-exempt homestay operators when it is time to renew their registration and schedule the required inspection.

Additional Fees

Your homestay may be subject to additional fees that are administered by other County departments. These may include Fire Rescue inspection fees and Business License fees. These fees are not managed by Community Development and are not included in the Community Development fee schedule.

For information about these fees, including payment requirements and due dates, please contact the appropriate department.

Community Development and Finance Have Different Responsibilities

Operating a homestay may require approvals from both the Community Development Department and the Finance Department. Each department manages different requirements.

Community Development

The Community Development Department manages:

• Homestay Clearance applications.
• Short-Term Rental Registry applications and annual renewals.
• Compliance with the Homestay Ordinance.
• Initial homestay safety inspections.

Questions about Homestay Clearances or the Short-Term Rental Registry should be directed to the Community Development Department.

Finance Department

The Finance Department manages:

• Business Licenses.
• Business tax registration.
• Transient Occupancy Tax (TOT).
• Tax payments and reporting.

Questions about Business Licenses or taxes should be directed to the Finance Department.

Important

The Short-Term Rental Registry and the Business License are separate requirements.

If your homestay is required to have both, you must complete each process separately.

Renew your Short-Term Rental Registry through the Community Development Department.

Apply for or renew your Business License through the Finance Department.

Finance Department Contact Information

• Visit the Finance Department website.
• Call 434-296-5855.

Before You Apply

Before submitting your application, make sure you have:

• Confirmed that your property is eligible for a homestay.
• Reviewed the operating requirements.
• Created a Civic Access account, if you do not already have one.
• Gathered all required application documents.

Required Documents

You must upload the following documents with your application:

• A floor plan with each room clearly labeled.
• A parking plan showing the required off-street parking spaces.
• A narrative explaining your proposed homestay.

Additional documentation may be required depending on your property or proposed operation.

Submit Your Application

All Homestay Clearance applications must be submitted through the Civic Access Portal.

Apply Through Civic Access

 Need Help Using Civic Access?

If you need help creating an account, submitting an application, or navigating the Civic Access Portal, visit the Community Development System Page for step-by-step instructions. 

What Happens Next?

After your application has been submitted, it will be reviewed by Community Development.

For information about the review process, inspections, and approval timeline, see the After You Apply section.

Permanently Closing Your Homestay

If you permanently stop operating your homestay, you must notify the Community Development Department by submitting a Short-Term Rental Registry – Request to Close application through the Civic Access Portal.

Closing your homestay ensures that your property is removed from the County's list of active short-term rentals and that you no longer receive annual Short-Term Rental Registry renewal notices.

Before You Submit a Request to Close

Before submitting a Request to Close, make sure you have permanently stopped operating your homestay.

If you plan to rent your property as a short-term rental again in the future, you should not submit a Request to Close.

How to Submit a Request to Close

1. Log in to the Civic Access Portal.
2. Select Apply.
3. Search for Short-Term Rental Registry – Request to Close.
4. Select Apply.
5. Complete the application.
6. Submit the application.

Important

Closing your Business License or Transient Occupancy Tax (TOT) account does not close your homestay.

The Community Development Department and the Finance Department maintain separate records.

If you are required to close your Business License or TOT account, contact the Finance Department separately.

Why This Is Important

If the Community Development Department does not receive a Request to Close:

• Your property may continue to appear as an active short-term rental.
• You may continue to receive annual Short-Term Rental Registry renewal notices.
• Failure to respond to annual renewal notices may result in penalties, including those authorized under Albemarle County Code § 7-603.

If you are unsure whether your homestay has been closed, contact the Community Development Department before the annual renewal deadline.

Reopening Your Homestay

If you decide to operate a homestay again after closing it, you must submit a new Homestay Clearance application.

Previous approvals cannot be reinstated. Any new application will be reviewed under the County regulations in effect at the time the new application is submitted.

Can guests host parties, weddings, or other events?

Guests may celebrate special occasions only with the people staying at the homestay. Events that include people who are not registered overnight guests are not permitted.

Can I rent out a recreational vehicle (RV), tent, or yurt?

Recreational vehicles (RVs) and tents cannot be rented as homestays.

A yurt may be used as a homestay only if it has a valid Certificate of Occupancy issued by Albemarle County.

Can I live on one property and operate a homestay on an adjacent property?

No. You must live on the same parcel where the homestay is located.

If you own adjacent parcels, you may be able to combine them through a Boundary Line Adjustment. Contact Zoning staff to determine whether this option is available for your property.

I already have a Bed and Breakfast or Accessory Tourist Lodging permit. Do I need to apply for a Homestay?

If you already have an approved Bed and Breakfast or Accessory Tourist Lodging permit, you may continue operating as approved.

If you want to expand or change your use, such as offering unhosted stays where allowed, you must submit a new Homestay application.

Existing operators are automatically added to the annual Short-Term Rental Registry. An annual safety inspection and renewal are required. County staff will contact you when it is time to schedule your inspection and complete your renewal.