Is a short-term rental legal in Charleston, SC?
Charleston legalized short-term rentals (stays of 1-29 consecutive days) citywide in a tightly limited form under Ordinance 2018-043 (ratified April 10, 2018, effective 90 days later). In all residential areas the STR must be an accessory use at the record owner's primary residence: the owner must qualify as a 'Resident' (physically living there at least 183 days/year, 4% owner-occupied assessment ratio, voting address and driver's license at the property) and must be residing overnight on the property while STR guests are present, so non-owner-occupied whole-home rentals are prohibited everywhere except commercially zoned lots inside the Cannonborough-Elliotborough Short Term Rental (ST) Overlay Zone, where Commercial STR permits allow up to 9 investor-owned units per lot. Only one STR unit per property, max 4 adults (18+), one extra off-street parking space, $1M liability insurance, and permit number on every listing are required. Permits come from the zoning administrator after a 15-day public posting, cost $345 (zoning/application review fee effective Jan 1, 2024) plus fire review fees (~$105) and a business license ($64 base + $3.90 per $1,000 income), and must be renewed annually. Category 1 (Old and Historic District) additionally requires the building to be individually listed on the National Register; Category 2 (rest of the peninsula) requires a building 50+ years old; Category 3 covers off-peninsula areas. Violations are misdemeanors with each day a separate offense and lead to permit revocation (no new permit for 24 months). Lodging taxes total 14% in the Charleston County portion of the city. A city proposal to replace the 4-adult cap with fire-marshal-set occupancy limited to 8 guests was deferred by the Planning Commission on July 15, 2026, and state preemption/tax bills (H.3861, H.3876, S.442) were pending in the 2025-2026 session as of July 17, 2026.
At a glance
| Unhosted whole-home rental | Conditional |
| Hosted rental (host present) | Conditional |
| Primary residence required | Yes |
| Guest cap | 4 guests |
| Rules apply to stays under | 30 days |
Sec. 54-120 defines an STR as sleeping accommodations for 1-29 consecutive days; 30+ day rentals are outside the ordinance. Residential STRs (Sec. 54-208, 54-208.1/.2/.3) require the record owner to be a 'Resident' (>=183 days/year at the property, 4% homeowner assessment ratio, legal voting address and driver's license there; single/dual-member LLCs may qualify with sworn statement) and to be 'residing overnight on the property while Residential STR guests are present' (Sec. 54-208(b)(1)). Max 4 adults (18 and older) per STR; only 1 STR unit per property. Non-owner-occupied ('Commercial') STRs are prohibited except on commercially zoned lots (CT, LB, GB, UC, MU-1, MU-1/WH, MU-2, MU-2/WH districts) entirely within the Cannonborough-Elliotborough ST Overlay Zone (Sec. 54-227), max 9 units per lot (10+ requires Sec. 54-220 accommodations-use approval); affordable/workforce housing units may not be converted. Sec. 54-204.3 makes it unlawful to advertise or rent any accommodations use in any base zoning district without city approval. Category 1 (Old and Historic District) requires the STR to be in a structure individually listed on the National Register of Historic Places; Category 2 (peninsula outside O&H District and overlay) requires a building constructed 50+ years ago; Category 3 (off-peninsula) has no building-age test. All categories require 1 additional off-street parking space and no applicant with a permit revoked in the prior 24 months.
What you need to operate
| Requirement | Authority | Cost | Official source |
|---|---|---|---|
| Residential Short Term Rental Permit (Category 1, 2, or 3) | City of Charleston Zoning Division / Zoning Administrator (Dept. of Planning, Preservation & Sustainability) Ordinance 2018-043 / Sec. 54-208, 54-208.1-.3: notarized application with floor plans, site plan showing STR unit and required off-street parking, photos, and signed acknowledgment; 15-consecutive-day notice posted on the property, then 5 business days for appeals before issuance. Operational rules (Sec. 54-208(b)): owner residing overnight during rentals, no STR signage, guest register with names/addresses/phones/dates, permit number on all listings (Airbnb, VRBO/Homeaway, FlipKey, etc.), rental packet and posted permit/rules in the unit, only one STR unit rented/listed per property. Permit states max number of guests. See also https://www.charleston-sc.gov/1840/Short-Term-Rental-Permit-Information and the ordinance PDF https://www.charleston-sc.gov/DocumentCenter/View/18216 |
$345 zoning and application review fee (effective Jan 1, 2024; was $200) renewal: Annual; permit valid 1 year from issuance and must be renewed by the original date of issuance with a recertification application and fee |
source |
| Commercial Short Term Rental Permit (ST Overlay Zone only) | City of Charleston Zoning Division / Zoning Administrator Sec. 54-227: only for conversion of an existing conforming/legal nonconforming dwelling unit on a commercially zoned lot (CT, LB, GB, UC, MU-1, MU-1/WH, MU-2, MU-2/WH) entirely within the Cannonborough-Elliotborough ST Overlay Zone. No owner-occupancy requirement; rented to one family at a time, max 4 unrelated people, 1-29 days; max 9 STR units per lot; unit may not be a designated affordable/workforce housing unit; no exterior signs; no new construction of Commercial STRs; no additional parking required for converted units. Bed and Breakfast permits (1-10 units, resident owner 183+ days/year) also available only within the overlay. |
$345 zoning and application review fee (city STR fee page does not distinguish residential vs. commercial applications) renewal: Annual; valid 1 year, renewable with notarized recertification and application fee (Sec. 54-227(b)(8)) |
source |
| Fire inspection and plan review | City of Charleston Fire Marshal Listed on the city's STR Applicable Fees page as of 2026. (The city's 2021 FAQ PDF gave an older breakdown of $40 base + $32.21 plan review + $32.61 per floor; the current fees page controls.) |
$40 application fee + $32.61 plan review fee + $32.61 inspection fee, collected when the permit is received | source |
| City of Charleston business license | City of Charleston Revenue Collections Required in all cases per Sec. 54-208(b)(6) (compliance with all business license and revenue collection laws of the city, applicable county, and state). Renewal cycle per city STR FAQ (https://www.charleston-sc.gov/DocumentCenter/View/30035/FAQs-for-STR-083121). |
$64 base fee plus $3.90 per additional $1,000 of expected income renewal: Annual; business licenses expire December 31 |
source |
| General liability insurance | City of Charleston (Zoning Ordinance Sec. 54-208(b)(4)) Record owner must maintain a general liability policy with a company authorized to do business in South Carolina insuring against personal injury (including death) and property damage with limits of no less than $1,000,000.00 per occurrence. |
Not verified renewal: Must be kept in full force at all times the STR is operated |
source |
Taxes on guests & hosts
| Tax | Rate | Applies to | Platform collects | Official source |
|---|---|---|---|---|
| South Carolina sales tax | 5% | Rental charges for accommodations furnished for less than 90 consecutive days | Yes | source |
| South Carolina state accommodations tax | 2% | Rental charges for accommodations furnished for less than 90 consecutive days; SCDOR states that when an online travel company books and accepts payment, it is responsible for the tax on the full booking amount | Yes | source |
| Local sales taxes remitted with the state return (Charleston County portion of the city) | 3% total (1% local option sales tax + 1% county transportation tax + 1% school district/education tax); Berkeley County portion also totals 3% in these local sales taxes per the city's table | Accommodations rentals, per the City of Charleston's STR accommodations tax breakdown | Not verified | source |
| Charleston County local accommodations tax | 2% (applies to city properties located in Charleston County; not applied to the Berkeley County portion of the city) | Short-term accommodations rentals; owner is ultimately responsible for remitting to the county | Not verified | source |
| City of Charleston local accommodations tax | 2% | Short-term accommodations rentals citywide; total lodging tax burden 14% in the Charleston County portion of the city, 12% in the Berkeley County portion. City warns that not all online marketplaces collect and remit the local accommodations tax — some only remit the state-imposed accommodations tax — and the property owner remains ultimately responsible | Not verified | source |
Enforcement
| Penalties | Sec. 54-208(e) (and parallel Sec. 54-227(d)): operating, expanding, or advertising an STR/B&B/accommodations use without complying with the ordinance, advertising without displaying the permit number, or holding out more occupants or units than permitted is a violation; 'a violation of this Chapter is a misdemeanor punishable by a fine and/or incarceration' and 'each day... is considered a separate offense.' Any violation entitles the zoning administrator to revoke the permit; per the city's STR FAQ, three findings of guilt in Livability Court result in revocation, listing additional units or an ineligible property triggers immediate revocation, and a revoked permit cannot be reestablished for 24 months. A permit is also revoked if the use fails to meet requirements or is discontinued for 12+ months (Sec. 54-227(d)(2)). For accommodations tax: the city FAQ states state law allows a civil penalty of not less than $500 nor more than $2,000 for each seven days the property was rented without collecting/remitting the tax. Exact dollar amounts of the misdemeanor fines are not specified in the ordinance (see needs_review). Complaints go to the Livability Department (843-805-3226). |
| Platform liability | The ordinance reaches owners, agents, and managers who advertise or 'submit for advertising or marketing' noncompliant listings (Sec. 54-208(e)(1)(c)-(f)), and the city's official FAQ states the regulations allow enforcement avenues against 'listing companies'; no separate platform penalty schedule is codified. |
| Notes | City has dedicated STR enforcement staff and monitoring technology per the official FAQ; enforcement page: https://www.charleston-sc.gov/1846/Short-Term-Rental-Enforcement; ordinance: https://www.charleston-sc.gov/DocumentCenter/View/18216; FAQ: https://www.charleston-sc.gov/DocumentCenter/View/30035/FAQs-for-STR-083121 |
Pending changes
- First major overhaul of the city's STR ordinance since 2018: proposal would scrap the 4-unrelated-adult occupancy limit and have the Charleston Fire Marshal set occupancy by bedroom size, capped at 8 guests regardless of home size. Planning Commission deferred action on July 15, 2026; a revised proposal must get a Planning Commission recommendation before City Council first reading. — proposed, 2026-07-15 [news]
- SC H.3861 (2025-2026 session): would prohibit municipalities/counties from enacting or enforcing ordinances that ban short-term rentals (defined as fewer than 29 consecutive days), with penalties including withholding State Aid to Subdivisions distributions. Introduced and referred to House Committee on Medical, Military, Public and Municipal Affairs on Jan 30, 2025; no further action recorded. — proposed, 2025-01-30 [official]
- SC H.3876 (2025-2026 session): requires accommodations intermediaries (booking platforms) to collect and remit state and local accommodations taxes, with an option for contracted professional property management companies to be designated merchant of record. Passed House 66-38 on May 8, 2025; Senate Finance Committee reported favorable with amendment May 5, 2026; still residing in the Senate. — proposed, 2026-05-05 [official]
- SC S.442 (2025-2026 session): statewide STR framework affirming local authority to permit/restrict/prohibit STRs while requiring $1M liability insurance, business licenses, and a local representative, and removing the under-6-bedroom owner-occupied accommodations tax exemption. Introduced and referred to Senate Judiciary March 11, 2025; no action since a scrivener's correction March 19, 2025. — proposed, 2025-03-11 [official]
What we could not verify (8)
- Municode codified text bot-walled: https://library.municode.com/sc/charleston/codes/zoning (including the Sec. 54-208 and Sec. 54-227 node URLs) returned HTTP 403 to non-browser fetchers. All ordinance-text claims were instead verified against the city's posted Ordinance 2018-043 PDF (DocumentCenter/View/18216). A reviewer with a headless browser should check the current codified Sec. 54-208/54-208.1-.3/54-227 on Municode for any post-2018 codification amendments not reflected in that PDF (none surfaced in news searches through July 2026 other than the still-pending occupancy overhaul deferred 2026-07-15).
- Misdemeanor fine amounts: Sec. 54-208(e)(2) says violations are 'a misdemeanor punishable by a fine and/or incarceration' with each day a separate offense, but states no dollar amounts; the specific Livability Court fine schedule (commonly reported in news as up to ~$1,087.50 per offense under SC municipal court limits) could not be verified on an official source fetched during this task, so no dollar figure is asserted for zoning violations.
- Effective date discrepancy: the ordinance (Section 17) is effective 90 days after its April 10, 2018 ratification (= approx. July 9, 2018), while city web copy quoted in search results says it 'took effect on July 10th, 2018.' Summary uses the ratification date plus the 90-day provision.
- Commercial STR permit fee: the city's Applicable Fees page lists a single $345 STR zoning/application review fee without distinguishing residential Category 1-3 from Commercial STR applications; the $345 figure is applied to both with that caveat.
- Fire fee discrepancy across official sources: the current Applicable Fees page says $40 application + $32.61 plan review + $32.61 inspection, while the city's 2021 FAQ page/PDF said $40 base + $32.21 plan review + $32.61 per floor. The current fees page (which states fees effective Jan 1, 2024) was used.
- Platform tax collection specifics: SCDOR's page makes online travel companies responsible for accommodations tax on bookings they process (so state 7% is marked platform-collected), but the city's official page warns 'not all of these entities collect and remit the local accommodations tax on your behalf.' Whether Airbnb/Vrbo currently remit the City of Charleston 2% and Charleston County 2% local accommodations taxes could not be verified on any official page fetched, so collectedByPlatform is null for local taxes.
- max_guests is stated as 4 because the ordinance caps occupancy at four adults (18+); it does not expressly cap the number of children, and the pending 2026 amendment would replace this with a bedroom-based limit capped at 8 guests.
- The lead about Board of Zoning Appeals approval was checked: under Ordinance 2018-043 the zoning administrator (not the BZA) issues Category 1-3 and Commercial STR permits after a 15-day posting; BZA-Zoning approval under Sec. 54-110 applies only to changes to legal nonconforming B&B/STR uses per the city FAQ.
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Sources
- Ordinance 2018-043 — Short Term Rental and Bed and Breakfast regulations (as amended), City of Charleston (PDF) (official, accessed 2026-07-17)
- Short Term Rentals Frequently Asked Questions (City of Charleston PDF) (official, accessed 2026-07-17)
- Short Term Rental Permit Information — City of Charleston (official, accessed 2026-07-17)
- Short Term Rental Ordinance — City of Charleston (official, accessed 2026-07-17)
- Short Term Rental Categories (Category Criteria) — City of Charleston (official, accessed 2026-07-17)
- Applicable Fees — City of Charleston STR (official, accessed 2026-07-17)
- FAQs & Other Info — City of Charleston STR (official, accessed 2026-07-17)
- Short Term Rental Enforcement — City of Charleston (official, accessed 2026-07-17)
- Accommodations Tax for Short Term Residential Rentals — City of Charleston (official, accessed 2026-07-17)
- Accommodations Tax — South Carolina Department of Revenue (official, accessed 2026-07-17)
- 2025-2026 Bill 3861: Short-term rentals — SC Legislature Online (official, accessed 2026-07-17)
- 2025-2026 Bill 3876: Accommodations — SC Legislature Online (official, accessed 2026-07-17)
- 2025-2026 Bill 442: Short Term Rentals — SC Legislature Online (official, accessed 2026-07-17)
- City of Charleston short-term rental ordinance change deferred — Live 5 News (July 16, 2026) (news, accessed 2026-07-17)
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STRWatch publishes educational information about short-term rental regulation, verified against the official sources linked above as of the date shown. It is not legal advice, and rules change — a city can move between our verification passes. For decisions with money at stake, confirm with the authority linked above or a local attorney.