South Carolina Short-Term Rental Rules: A Comprehensive Guide

Quick Answer: South Carolina Short-Term Rental Regulations

South Carolina splits short-term rental (STR) oversight between state and local governments. The state defines tax rules; your city or county sets everything else: whether you can operate, what permits you need, guest limits, and required on-site safety equipment.

There is no statewide STR permit, no statewide zoning standard for vacation rentals, and no uniform licensing requirement across all 46 counties. The state provides a well-defined accommodations tax framework and general property law. Beyond that, the regulatory picture changes dramatically depending on whether your rental sits inside Charleston city limits, on Hilton Head Island, in Myrtle Beach, or in an unincorporated county parcel.

Before listing a property anywhere in South Carolina, identify your exact jurisdiction, review the current local ordinance, and contact the relevant planning or business license office directly. Regulations in popular coastal markets change frequently; rules from 18 months ago may no longer apply.

State-Level Framework for Short-Term Rentals in South Carolina

South Carolina's property law is organized under Title 27 of the SC Code of Laws (Property and Conveyances), which governs ownership rights, landlord-tenant relationships, and conveyances generally. Title 27 does not create a special category for short-term rentals, and the General Assembly has not passed a statewide STR preemption or registration statute.

The SC Residential Landlord and Tenant Act

The SC Residential Landlord and Tenant Act (SC Code § 27-40-10 et seq.) largely does not apply to short-term vacation rentals. SC Code § 27-40-110 explicitly excludes "occupancy in a hotel, motel, or similar transient lodging." A rental of fewer than 30 consecutive days to a guest with no intent to establish domicile falls into that transient category. This means the full landlord-tenant framework, including notice requirements, security deposit rules, and eviction procedures under the Act, does not govern the typical vacation rental relationship.

This exclusion cuts both ways. Hosts do not have to follow the Act's tenant-protection procedures, but guests also lack the statutory protections the Act provides to long-term tenants. Disputes between hosts and guests in short-term arrangements are governed primarily by contract law and any applicable consumer protection statutes.

Consumer Protection Considerations

The SC Unfair Trade Practices Act (SC Code § 39-5-10 et seq.) applies to business conduct in South Carolina and could reach STR hosts who engage in deceptive advertising or misrepresent property conditions. This is not an STR-specific statute, but it is the state-level consumer protection tool most likely to be invoked in a guest dispute.

No Statewide STR Permit or Zoning Law

South Carolina has not enacted legislation that either preempts local STR regulation (as some states have done to protect host rights) or mandates a statewide registration system. Local governments retain full authority to zone, permit, cap, or prohibit short-term rentals within their jurisdictions under the state's home rule framework. That authority is broad and actively exercised, particularly in coastal communities.

Understanding Local Permitting, Zoning, and Operational Requirements

Local rules govern the operational side of STRs; requirements depend entirely on your address. Most SC municipalities regulating STRs use a similar toolkit.

Business Licenses and STR Permits

Most incorporated cities and towns require two separate approvals: a general business license and an STR-specific permit. These are not the same, and you typically need both. Business license fees are often calculated as a percentage of gross revenue or set at a flat annual rate. STR permit fees are usually flat annual fees that vary by jurisdiction and sometimes by property type or size. Consult your city or county Business License Office for current fee schedules, as these change and the source material for this guide does not confirm current figures for all jurisdictions.

Zoning Restrictions

Zoning is where STR regulation gets most contentious. Common approaches in SC municipalities include:

• Restricting STRs to commercially zoned areas only, effectively banning them in residential zones.
• Allowing STRs in residential zones only if the owner occupies the property as a primary residence (owner-occupancy requirements).
• Creating a separate STR overlay zone or conditional use permit category.
• Capping the total number of STR permits issued in a given area or neighborhood.

Zoning maps and permitted use tables are maintained by each jurisdiction's Planning and Zoning Department. Do not rely on what a neighbor or a real estate agent tells you about what is allowed. Review the actual ordinance text and the current zoning map for your parcel.

Safety Requirements

Most SC jurisdictions that issue STR permits require, at minimum:

• Working smoke detectors in each bedroom and on each floor.
• Carbon monoxide detectors (required where gas appliances or attached garages are present).
• At least one fire extinguisher accessible to guests.
• Posted emergency contact information and evacuation routes.
• Maximum occupancy limits, typically calculated by bedroom count or square footage.

Some jurisdictions conduct inspections before issuing a permit. Others rely on self-certification. Confirm which approach your local authority uses.

Operational Rules

Noise ordinances, parking requirements, and trash rules are standard attachments to STR permits in tourist-heavy markets. Parking is a particular pressure point in dense beach communities where street parking is limited. Expect requirements specifying the number of off-street spaces required per bedroom or per guest.

HOAs and Deed Restrictions

A local government permit does not override a homeowners association's CC&Rs or deed restrictions. If your property is subject to an HOA that prohibits short-term rentals, a city permit does not cure that violation. Review your governing documents before applying for any permit.

South Carolina Accommodation Tax: What STR Hosts Need to Know

The state government directly regulates accommodations tax.

State Accommodations Tax Rate

South Carolina levies a 5% state accommodations tax on the gross proceeds from the rental of any sleeping accommodations rented for fewer than 90 continuous days (SC Code § 12-36-920). This applies to vacation rentals, bed and breakfasts, hotels, and similar transient lodging. Rentals of 90 days or more are not subject to this tax.

Local Accommodations Taxes

On top of the 5% state rate, local governments in South Carolina are authorized to impose additional local accommodations taxes. The combined local rate can reach up to 3% depending on the jurisdiction. The exact breakdown varies by county and municipality; some areas layer a county tax, a municipal tax, and a special tourism development fee. The combined state-plus-local rate in popular coastal markets can therefore reach 8% or higher. Consult the SC Department of Revenue and your local government's finance office to confirm the exact combined rate for your specific address.

Registering with the SC Department of Revenue

Hosts not using an online travel agency (OTA) that collects and remits taxes on their behalf must register directly with the SC Department of Revenue (SCDOR) to collect and remit accommodations tax. Registration is available through the SCDOR's MyDORWAY online portal at dor.sc.gov. You will receive a retail license number upon registration, which you are required