Understanding Fairfax County's Rental Property Licensing Requirements
If you're a landlord in Fairfax County, Virginia, it's essential to understand the local regulations governing rental properties. Here's what you need to know:
Business, Professional, and Occupational License (BPOL)
Fairfax County requires most businesses operating within its jurisdiction to obtain a Business, Professional, and Occupational License (BPOL). However, there are specific exemptions for rental property owners:
- Single Rental Property: If you own and rent out a single dwelling unit, you are not required to obtain a BPOL license.
- Multiple Rental Units: If you rent out five or more dwelling units within Fairfax County in any calendar year, you are required to obtain a BPOL license. This applies regardless of whether the units are rented simultaneously.
The BPOL tax is assessed annually based on your gross receipts from rental income. For residential rental properties, the rate is $0.26 per $100 of gross receipts.
Short-Term Lodging (STL) Permit
If you plan to rent your property on a short-term basis (e.g., through platforms like Airbnb), you must obtain a Short-Term Lodging (STL) Permit from the Fairfax County Zoning Administrator. Key requirements include:
- Primary Residence: The property must be your primary residence, established by living there at least 185 days per year.
- Permit Application: Submit a complete STL Permit application, including a $200 non-refundable fee, proof of permanent residency, proof of property ownership or written consent from the owner (if a tenant), a dimensioned floor plan identifying the rooms to be used for lodging, and a signed affidavit agreeing to comply with STL Zoning Ordinance provisions.
- Safety Requirements: Ensure the dwelling meets applicable safety requirements, including working interconnected smoke detectors, a fire extinguisher on each floor, and an exit plan posted in each bedroom to be rented.
Failure to obtain the required STL Permit or comply with the regulations can result in penalties, including permit revocation, civil penalties, and misdemeanor charges.
Additional Considerations
- Zoning Ordinance Compliance: Ensure your rental property complies with Fairfax County's zoning ordinances, which may limit the number of unrelated individuals residing in a single dwelling unit.
- Tenant Rights and Responsibilities: Familiarize yourself with the Virginia Residential Landlord and Tenant Act (VRLTA), which establishes the rights and responsibilities of tenants and landlords in all jurisdictions throughout Virginia.
- Property Maintenance: Regularly inspect and maintain your rental property to ensure it meets health and safety standards.
Need Assistance?
Navigating the licensing and regulatory requirements can be complex. If you need help understanding Fairfax County's business license requirements or have questions about managing your rental property, consider consulting with a local property management professional or legal advisor. Regulations are subject to change; please visit the Fairfax County Government website for updates.
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