Gwinnett County, Georgia Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in Gwinnett County, Georgia?

Gwinnett County, Georgia has specific regulations for short-term rentals, such as those listed on Airbnb and VRBO. These rules are outlined in the county's zoning and planning codes.

Starting a Short-Term Rental Business in Gwinnett County

To operate a short-term rental in Gwinnett County, the property must conform to certain requirements:

• There shall be no exterior evidence that the property is being used as a short-term rental.
• Short-term rentals are defined as the use of a residential property or any portion thereof for a period of less than 30 consecutive days.

The Gwinnett County Short-Term Rental Citizen Task Force was established to review alternative models and best practices to regulate short-term rentals and address resident concerns. However, there are currently no county-wide ordinances specifically regulating short-term rentals.

It's important to note that while there are no state laws in Georgia regarding short-term rentals, regulations happen at the local level. Cities within Gwinnett County, such as Peachtree Corners, may have their own specific ordinances. For example, Peachtree Corners defines a short-term rental as a period of less than 30 days.

When renting out a property in Gwinnett County, there are some key guidelines to follow:

1. The rental time includes setup and cleanup. Exceeding the rental time incurs additional hourly fees.
2. Cancellations 30+ days before the rental date receive a full refund minus a $25 fee. Cancellations 29-8 days prior receive a 50% refund minus the $25 fee. Cancellations within 7 days receive no refund.
3. Vendors associated with the rental, such as caterers, must provide proof of liability insurance.

In summary, while Gwinnett County doesn't have comprehensive short-term rental regulations, it's crucial to research any city-specific ordinances and adhere to the county's general rental guidelines when starting an Airbnb business. Consulting local Georgia real estate forums and staying updated on evolving regulations is also advised.

Short-Term Rental Licensing Requirement in Gwinnett County

While Gwinnett County itself does not have a comprehensive short-term rental ordinance, certain cities within the county do regulate short-term rentals. The requirements vary by city.

In the City of Duluth, for example, a Short-Term Rental permit is required to operate an STR. The application must be submitted online via the City of Duluth Permitting Portal and include:

1. A site plan drawn to scale showing existing and proposed structures, setbacks, parking, utilities, and septic systems if applicable
2. A floor plan drawn to scale
3. Gwinnett County Environmental Health Department approval for STR use of septic systems
4. Proof of adequate fire and life safety devices installed, such as smoke detectors, carbon monoxide detectors, and fire extinguishers

There is a $200 fee that must be paid prior to permit approval and issuance. The city has 14 days to review the application for completeness. Some key restrictions in Duluth include:

1. STRs shall not exceed certain unit thresholds per building type (e.g., 1 STR per 4 units for buildings with four or more units)
2. In single-family districts, STRs shall not abut another STR
3. Maximum occupancy is no greater than two persons per bedroom plus four additional persons

The City of Lilburn also requires a short-term rental permit and business license before operating an STR. Failure to obtain proper permitting may result in fines and penalties. Some Lilburn regulations include:

1. Occupancy limited to two adults per bedroom plus three adults per STR property
2. Bedrooms must be inspected by the city building official
3. Visible house number
4. Parking only in designated hard surfaced areas on the property, not on streets
5. No signs permitted for STRs in residential districts

In summary, while Gwinnett County does not directly regulate short-term rentals, many of its cities do. Hosts should carefully research the specific requirements in their city, which commonly include obtaining a permit and/or license, paying fees, limiting occupancy, providing adequate parking, and meeting safety standards. Operating an STR without the proper approvals risks fines and other penalties. Consulting the official city websites and permitting portals is advised to ensure compliance with all local regulations.

Required Documents for Gwinnett County Short-Term Rentals

While Gwinnett County itself does not have a comprehensive short-term rental ordinance requiring specific documentation, certain cities within the county do regulate short-term rentals and have their own requirements. Here are some key documents that may be needed, depending on the city:

1. Short-Term Rental Permit Application

1. Purpose: To apply for a permit to operate a short-term rental
2. Where to get it: The permitting portal or website of the specific city, such as the City of Duluth Permitting Portal

2. Business License Application

1. Purpose: To obtain a business license to legally operate a short-term rental business
2. Where to get it: The business licensing department or website of the specific city

3. Site Plan

• Purpose: To show existing and proposed structures, setbacks, parking, utilities, and septic systems (if applicable) for the STR property
• Where to get it: Created by the applicant or a professional, often required to be drawn to scale

4. Floor Plan

• Purpose: To show the layout and features of the short-term rental unit
• Where to get it: Created by the applicant or a professional, typically required to be drawn to scale

5. Proof of Septic System Approval (if applicable)

1. Purpose: To demonstrate the septic system is approved for STR use by the county health department
2. Where to get it: The Gwinnett County Environmental Health Department

6. Proof of Adequate Fire and Life Safety Devices

1. Purpose: To show that required safety devices like smoke detectors, carbon monoxide detectors, and fire extinguishers are properly installed
2. Where to get it: Through a city inspection or professional certification

The specific requirements vary by city, so it's important to carefully review the regulations of the city where the short-term rental is located. This information can usually be found on the city's official website, often under planning, zoning, permitting, or licensing departments. Some cities, like Duluth, use an online permitting portal to streamline the application process.

In general, the purpose of these documents is to ensure the short-term rental is operating legally, safely, and in accordance with local regulations. Failure to obtain and submit the required documents can result in denied applications, fines, and penalties. Consulting directly with city officials is recommended to verify the exact documents needed for compliance.

Gwinnett County Short-Term Rental Taxes

Short-term rental operators in Gwinnett County are subject to certain taxes, primarily the Hotel/Motel Occupancy Tax. Here's a breakdown of the key tax considerations:

Hotel/Motel Occupancy Tax

• Gwinnett County levies a 7% occupancy tax on the rent for every occupancy of a guestroom.
• This tax applies to any occupancy on and after July 1, 2005, even if the occupancy is pursuant to a contract, lease, or other arrangement made prior to that date.
• Where rent is paid, charged, billed, or falls due on either a weekly, monthly, or other term basis, the rent is subject to the 7% tax.
• The occupancy tax is in addition to the state sales and use tax and any other taxes.

State Sales and Use Tax

• In addition to the county occupancy tax, short-term rentals are subject to the state sales and use tax.
• The current state sales tax rate in Georgia is 4%.

City Taxes

• Some cities within Gwinnett County may levy additional taxes on short-term rentals.
• For example, the City of Peachtree Corners defines a short-term rental as the use of a residential property or any portion thereof for a period of less than 30 consecutive days. City-specific taxes may apply.

Possible Write-Offs and Deductions:

As a short-term rental business, there are several potential write-offs and deductions that can help offset taxes owed. These may include:

• Mortgage interest
• Property taxes
• Rental insurance
• Utilities
• Cleaning and maintenance costs
• Repairs and replacements
• Supplies for guests
• Advertising and booking fees
• Depreciation of rental property and furnishings

It's important to keep detailed records and consult with a tax professional to ensure all eligible deductions are claimed properly. Some experts recommend setting up a separate LLC for each short-term rental property to optimize tax benefits and liability protection.

In summary, the primary tax on short-term rentals in Gwinnett County is the 7% Hotel/Motel Occupancy Tax, in addition to the state sales tax and any applicable city taxes. Operators can often deduct many of the expenses associated with running a short-term rental business. Careful record-keeping and professional tax guidance are advised to ensure compliance with all tax regulations.

Georgia Wide Short-Term Rental Rules

While most short-term rental regulations in Georgia are set at the city and county level, there are a few state-wide rules and tax requirements that affect Gwinnett County hosts.

1. State Sales and Use Tax

• Short-term rentals in Georgia are subject to the state sales and use tax.
• The current state sales tax rate is 4%.
• Airbnb and some other platforms collect and remit this tax on behalf of hosts.

2. Hotel-Motel Fee

• In addition to the sales tax, Georgia charges a hotel-motel fee of $5 per night on short-term rentals.
• However, stays longer than 30 consecutive nights are exempt from this $5 per night fee.
• Airbnb also typically collects and remits this fee for hosts.

3. State Definition of Short-Term Rental

• Georgia does not have a state-wide definition of what constitutes a short-term rental.
• Hosts must rely on the definitions provided by their specific city and/or county.
• These local definitions often characterize a short-term rental as a residential property rented for less than 30 consecutive days.

4. Proposed State Legislation (House Bill 523)

• In March 2019, House Bill 523 was introduced in the Georgia legislature.
• This bill proposed restricting local governments' ability to regulate short-term rentals.
• As of July 2024, the bill has not been approved and local regulations still govern short-term rentals.

While Georgia does not have comprehensive state-wide short-term rental regulations, all hosts in Gwinnett County and throughout the state must be aware of and comply with the state sales tax, hotel-motel fee, and any additional city or county requirements.

It's crucial for hosts to stay updated on any changes to state laws, as well as diligently research and adhere to the specific rules in their local jurisdiction. Failure to comply with applicable regulations could result in fines, penalties, and legal issues for short-term rental operators.

Does Gwinnett County Strictly Enforce STR Rules?

Based on discussions in real estate investing forums like Bigger Pockets and Reddit, Gwinnett County appears to be relatively Airbnb friendly compared to some other cities and counties in Georgia. While the county does have regulations in place, many hosts report being able to operate short-term rentals successfully.

One Bigger Pockets user shared their experience: "I've been running an Airbnb in Gwinnett County for over a year now without any major issues. As long as you follow the basic rules, like getting a business license and paying the hotel-motel tax, the county seems pretty hands-off."

Another Reddit user commented: "Gwinnett is definitely more lenient than some of the neighboring counties. I know hosts who have been operating under the radar for years without problems. That said, it's always better to be above board and comply with the regulations to avoid potential fines or legal trouble down the road."

While some hosts may operate STRs in Gwinnett County despite not being fully compliant with the rules, it's not advisable. The county does conduct periodic audits and has the authority to issue fines and penalties for violations.

Overall, the consensus among hosts is that Gwinnett County is reasonably Airbnb friendly, especially compared to stricter markets like the City of Atlanta. By obtaining the proper licenses, paying the required taxes, and being a responsible operator, hosts can run successful short-term rental businesses in Gwinnett.

However, it's crucial to stay informed about any changes to the county's STR regulations. As the short-term rental industry evolves, local governments may update their policies. Joining local host groups and regularly checking the county's website can help you stay on top of any new developments that could impact your business.

How to Start a Short-Term Rental Business in Gwinnett County

Starting a short-term rental business in Gwinnett County can be a profitable venture, but it's important to follow the proper steps to ensure compliance with local regulations and set yourself up for success. Here's a numbered list of steps to get started:

1. Research local zoning laws and regulations

1. Check Gwinnett County's zoning code to ensure your property is eligible for short-term rental use.
2. Be aware of any restrictions on rental duration, occupancy limits, and other requirements.
3. If your property is part of an HOA, review the bylaws for any additional restrictions.

2. Obtain necessary licenses and permits

1. Apply for a general business license with Gwinnett County.
2. Obtain a short-term rental license, which may require a home inspection and an annual fee.
3. Ensure your property meets all health and safety standards, such as having working smoke detectors and fire extinguishers.

3. Register for and collect applicable taxes

1. Register your short-term rental business with the appropriate city, county, and state agencies for tax purposes.
2. Collect and remit the required sales and occupancy taxes from your guests.
3. Consider working with a property management company or online booking platform that can automatically handle tax collection and remittance on your behalf.

4. Develop a business plan and marketing strategy

1. Identify your target audience and tailor your property and amenities to their needs and preferences.
2. Set competitive pricing that covers your expenses and generates a profit.
3. Create a strong online presence on popular short-term rental platforms and social media to attract guests.

5. Invest in property upgrades and security measures

1. Make any necessary renovations or upgrades to ensure your property is attractive and comfortable for guests.
2. Install smart home technology, such as doorbell cameras and smart locks, to enhance security and provide peace of mind for both you and your guests.
3. Consider purchasing short-term rental insurance to protect your property and mitigate potential risks.

6. Establish clear house rules and communication protocols

1. Develop a set of house rules that outline expectations for guest behavior, occupancy limits, and other important guidelines.
2. Create a welcome book or digital guide that provides guests with essential information about your property and the surrounding area.
3. Be responsive to guest inquiries and maintain open lines of communication throughout their stay.

7. Maintain the property and provide excellent customer service

1. Regularly clean and maintain your property to ensure a positive guest experience.
2. Promptly address any maintenance issues or guest concerns that arise.
3. Encourage guests to leave reviews and respond to feedback in a professional and timely manner.

By following these steps and staying informed about any changes to local regulations, you can successfully launch and operate a short-term rental business in Gwinnett County. It's essential to prioritize compliance, guest satisfaction, and proactive management to build a thriving and sustainable business in this competitive market.

Who to Contact in Gwinnett County about Short-Term Rental Regulations and Zoning?

If you have questions or concerns about short-term rental regulations and zoning in Gwinnett County, there are several resources available:

1. Gwinnett County Planning & Development Department

1. Phone: 678-518-6000
2. Email: PlanningDivision@GwinnettCounty.com
3. Address: One Justice Square, 446 West Crogan Street, Suite 150, Lawrenceville, GA 30046

2. Gwinnett County Short-Term Rental Citizen Task Force

1. Email: STRTF@GwinnettCounty.com
2. The task force holds regular meetings to review best practices and gather feedback on short-term rentals. Check the county website for upcoming meeting dates and locations.

3. Gwinnett County Code Enforcement Section

1. Phone: 770-513-5020
2. Email: CodeEnforcement@GwinnettCounty.com
3. Contact Code Enforcement to report potential violations or ask questions about compliance.

In addition to these official county resources, short-term rental hosts in Gwinnett may find the following groups and communities helpful:

1. Gwinnett County Short-Term Rental Alliance (GCSTRA): A local host organization that advocates for fair regulations and provides support and resources to members. Join their Facebook group at facebook.com/groups/GCSTRA.
2. Atlanta Airbnb Hosts Forum on BiggerPockets: An active online community where hosts in the Atlanta metro area, including Gwinnett County, share experiences, tips, and updates on local regulations. Check out the forum at biggerpockets.com/forums/530-atlanta-airbnb-hosts.
3. Gwinnett County Subreddit: The r/Gwinnett subreddit occasionally features discussions and news related to short-term rentals in the county. Browse the subreddit at reddit.com/r/Gwinnett.

By staying connected with local government contacts and engaging with the host community, short-term rental operators in Gwinnett County can stay informed about regulations, zoning, and best practices to run successful and compliant businesses.

What Do Airbnb Hosts in Gwinnett County on Reddit and Bigger Pockets Think about Local Regulations?

Airbnb hosts in Gwinnett County have shared their experiences and thoughts about local short-term rental regulations on various online forums. Here are a few notable examples:

Reddit - r/Gwinnett

In a thread titled "Considering Airbnb in Gwinnett County," a user shared their experience: "I've been hosting an Airbnb in Lawrenceville for about a year now. The county regulations aren't too bad, but make sure you get your business license and pay the hotel-motel tax. They do check up on that."

Another user replied, "I second this. I had a friend who got fined for not having a proper license. It's not worth the risk. Just follow the rules and you'll be fine."

Bigger Pockets - Atlanta Airbnb Hosts Forum

In a discussion about Gwinnett County regulations, a host mentioned, "I've been operating an Airbnb in Buford for a couple of years. The key is to be proactive and communicate with the county. Attend the Short-Term Rental Citizen Task Force meetings if you can. They're open to feedback from hosts."

Another host added, "Agreed. I've found that as long as you're willing to work with the county and follow the guidelines, they're pretty reasonable. It's when hosts try to fly under the radar that problems arise."

Airbnb Community Center - Gwinnett County Hosts Group

A host in Duluth shared their story: "I had a neighbor complain about my Airbnb, and the county sent an inspector. Thankfully, I had all my permits in order, and the inspector was satisfied. It just goes to show how important it is to dot your i's and cross your t's."

In response, another host commented, "That's good to know. I'm just starting out, and I want to make sure I'm doing everything by the book. Thanks for sharing your experience."

Overall, the sentiment among Gwinnett County hosts on these forums seems to be that while the local regulations require some effort to navigate, they are manageable for those who are diligent about compliance. Hosts emphasize the importance of obtaining proper licenses, paying required taxes, and staying informed about any changes to the rules. By being proactive and communicative with the county, hosts can successfully operate short-term rentals in Gwinnett.

Disclaimer: While we here at BNBCalc strive to keep all of our regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.