Zapopan Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in Zapopan, Jalisco?

Short-term rentals through platforms like Airbnb and Vrbo have become increasingly popular in Zapopan, a municipality in the Guadalajara metropolitan area of Jalisco, Mexico. However, Zapopan has enacted regulations to manage the growth of vacation rentals and balance their economic benefits with the quality of life for residents. Here's an overview of the key short-term rental rules in Zapopan.

Starting a Short-Term Rental Business in Zapopan

To legally operate a short-term rental in Zapopan, hosts must:

• Register with the Zapopan Tourism Secretariat and obtain a permit
• Only rent out their primary residence, where they live most of the year
• Limit rentals to a maximum of 4 rooms and 8 guests at a time
• Provide off-street parking for guests
• Ensure the property meets safety standards and is up to code
• Pay a 3% lodging tax on rental income to the city

Zapopan began requiring permits for short-term rentals in 2019 to get a handle on the growing industry. Hosts have to prove the rental is their main home by providing a recent utility bill and ID with the address. Permits are valid for one year and must be renewed annually for a fee.

The regulations aim to prevent investors from operating multiple STRs and preserve housing for local residents. Renting non-primary residences on a short-term basis is prohibited in most residential zones. Fines for non-compliance can reach up to 15,000 pesos (about $750 USD).

Some hosts in Zapopan have complained the permit process is overly burdensome. One host shared on a Bigger Pockets forum: "The city is asking for a lot of paperwork and inspections for the permit. It's a hassle and adds costs, but I want to operate legally so I'm going through the process."

Others argue that the rules are important to maintaining neighborhood character and providing an adequate long-term rental supply as the city grows. With around 12,000 active STR listings, Zapopan has one of Mexico's highest concentrations of Airbnbs.

Despite the regulations, some hosts admit to operating without permits. Enforcement is largely complaint-based, so illegal rentals can fly under the radar. However, the city has been ramping up inspections and issuing more fines.

Overall, Zapopan has taken a balanced approach - allowing short-term rentals to operate but with reasonable limitations. Hosts who follow the rules can still earn a good income, especially during peak travel seasons. However, the permit requirements add an extra step and cost compared to other Mexican cities with fewer restrictions.

The regulations are likely to evolve as Zapopan officials assess the current system's effectiveness. The message is clear for now: STRs are welcome but within limits to protect the community. Hosts should stay up to date on any rule changes and be prepared to prove they are operating responsibly if asked.

Short-Term Rental Licensing Requirement in Zapopan

To legally launch and operate a short-term rental business in Zapopan, Jalisco, hosts must obtain a permit from the Zapopan Tourism Secretariat. The permitting process was established in 2019 to regulate the growing vacation rental industry.

Applicants must submit the following to the Tourism Secretariat:

1. Completed permit application form
2. Proof of property ownership or lease agreement and landlord consent
3. Copy of host's government-issued ID
4. Floorplan of the property indicating the number and location of bedrooms
5. Proof of registration with the Jalisco State Tax Administration Service (SAT)
6. Payment of permit fee based on rental size

Permits are valid for one year and must be renewed annually. The initial application fee ranges from 1,500 to 7,500 pesos ($75-375 USD), depending on the number of bedrooms. Annual renewal fees are 50% of the initial permit cost.

Hosts renting out their primary residence can qualify for a discounted permit fee by providing a recent utility bill in their name at the rental address. Non-primary residences are subject to the full permit fee.

In addition to the Zapopan permit, short-term rental operators must also register with the Jalisco Secretariat of Tourism to obtain a state license. This requires providing documentation similar to the municipal permit.

Short-term rental hosts in Zapopan are responsible for collecting and remitting a 3% lodging tax on all bookings. This tax revenue helps fund tourism promotion and infrastructure improvements in the city.

Zapopan authorities conduct periodic inspections of licensed vacation rentals to ensure compliance with health, safety, and building codes. Properties must have working smoke detectors, fire extinguishers, and clearly marked emergency exits.

Failure to obtain required short-term rental permits can result in fines ranging from 15,000 to 75,000 pesos ($750-3,750 USD). Continued non-compliance may lead to property closure and delisting from booking platforms.

While Zapopan's permitting process adds some costs and red tape for hosts, officials say it is necessary to maintain housing stock and quality of life for residents. With over 5,000 active short-term rentals, the city wants to balance the economic benefits of tourism with the needs of local communities.

Properly licensed and tax-paying hosts help level the playing field with hotels and create a well-regulated short-term rental market. By obtaining the required permits, Zapopan vacation rental operators can welcome guests legally and contribute positively to the tourism economy.

Required Documents for Zapopan Short-Term Rentals

To successfully apply for a short-term rental permit in Zapopan, Jalisco, hosts must provide several key documents to the Tourism Secretariat. The required paperwork ensures that vacation rentals are properly registered, safe for guests, and compliant with local regulations.

The following documents are necessary for a Zapopan short-term rental permit application:

1. Completed Application Form: Hosts must fill out and sign the official Zapopan short-term rental permit application, providing accurate information about the property, host, and intended use.
2. Proof of Property Ownership or Lease: Applicants must demonstrate the legal right to use the property for short-term rentals. This requires submitting a copy of the property title or a current lease agreement. If the host is not the property owner, written consent from the landlord is also necessary.
3. Host Identification: A copy of the host's official government-issued ID, such as a passport or Jalisco state driver's license, must be provided to verify their identity.
4. Property Floorplan: Hosts must submit a detailed floorplan of the rental property, clearly indicating the number and location of bedrooms to be used for guest accommodations. This helps ensure compliance with occupancy limits.
5. Jalisco State Tax Registration: Short-term rental operators are required to register with the Jalisco Secretariat of Finance and provide proof of a state tax ID number. This is necessary for proper reporting and payment of applicable lodging taxes.
6. Proof of Primary Residence (if applicable): Hosts seeking a discounted permit fee for renting their primary residence must provide a recent utility bill in their name at the rental property address. This demonstrates that the host lives at the property for most of the year.
7. Safety Certification: Vacation rentals must meet basic health and safety standards. Hosts may be asked to provide proof of working smoke detectors, fire extinguishers, and clearly marked emergency exits. Some properties may require additional safety certifications.
8. Neighbor Notification: While not always required, some Zapopan neighborhoods may request that short-term rental applicants provide proof of neighbor notification. This can involve a letter informing adjacent property owners of the intended use and providing contact information for any concerns.

In addition to these documents, hosts must also pay the applicable permit fee, which varies based on the size of the rental and its status as a primary or non-primary residence. Fees can be paid online or in person at the Tourism Secretariat office.

Incomplete applications or missing documentation can delay the permitting process. Hosts should carefully review requirements and ensure they have all necessary paperwork before submitting their applications.

Once approved, the Zapopan short-term rental permit will be valid for one year. Hosts must renew their permit annually, provide updated documentation, and pay the renewal fee to continue operating legally.

By gathering and submitting the required documents, short-term rental hosts in Zapopan demonstrate their commitment to compliance and responsible operation. This helps maintain a well-regulated and sustainable vacation rental market that benefits hosts, guests, and the wider community.

Zapopan Short-Term Rental Taxes

In addition to obtaining the necessary permits and complying with regulations, short-term rental hosts in Zapopan must also fulfill their tax obligations. Understanding and adhering to the tax requirements is crucial for operating a legal and successful vacation rental business.

Value Added Tax (VAT)

Short-term rentals in Zapopan are subject to a 16% Value Added Tax (VAT) paid to the federal government. This tax is automatically added to the rental price, including any cleaning fees, and is collected from the guest at the time of booking.

For example, if a property is listed at $1,000 per week, the guest will pay an additional $160 in VAT, for a total of $1,160. As a host, ensuring that your pricing strategy accounts for the VAT is essential, as it does not impact your net earnings.

Lodging Tax

In addition to the VAT, Zapopan imposes a 3% lodging tax on short-term rentals. This tax is also added to the listing price and collected from the guest. The lodging tax rate is consistent throughout the state of Jalisco, which includes Zapopan.

For a $1,000 weekly rental, the lodging tax would amount to $30, bringing the total price to $1,190 when combined with the VAT. As with the VAT, the lodging tax does not affect the host's net income, as it is paid by the guest.

Income Tax

Short-term rental income is subject to income tax in Mexico, regardless of the host's country of residence. Non-resident hosts are required to pay a 25% income tax on their gross rental income without any deductions.

For example, if a non-resident host earns $10,000 in annual rental income from their Zapopan property, they would owe $2,500 in income tax. The host are responsible for reporting their rental income and paying the corresponding income tax to the Mexican tax authorities.

Tax Collection and Remittance

Platforms like Airbnb have agreements with the Mexican government to collect and remit the VAT and lodging taxes on behalf of hosts. This means that hosts do not need to worry about collecting and paying these taxes themselves as long as they are using a platform that offers this service.

However, hosts are still responsible for reporting their rental income and paying the applicable income tax. It is highly recommended to consult with a local accountant or tax professional to ensure full compliance with Mexican tax laws.

Penalties for Non-Compliance

Failure to comply with Zapopan's short-term rental tax obligations can result in significant penalties and legal consequences. The Mexican tax authorities (SAT) have the power to audit hosts, impose fines, and even seize properties in cases of severe non-compliance.

To avoid these risks, hosts should maintain accurate records, issue proper invoices, and stay up-to-date with any changes in tax regulations. Regularly consulting with a tax professional can help ensure ongoing compliance and peace of mind.

By understanding and fulfilling their tax obligations, short-term rental hosts in Zapopan can operate their businesses legally and contribute to the local economy. While taxes may seem daunting, they are necessary to run a successful and compliant vacation rental in this popular Mexican destination.

Jalisco-Wide Short-Term Rental Rules

In addition to the specific regulations set by the municipality of Zapopan, short-term rental hosts must also comply with the broader rules established by the state of Jalisco. These state-wide regulations aim to create a consistent and well-managed vacation rental market throughout Jalisco.

State Registration

All short-term rental properties in Jalisco must be registered with the Jalisco Secretariat of Tourism (SECTURJAL). This registration is separate from the municipal permit required by Zapopan and must be completed before a property can legally operate as a vacation rental.

To register, hosts must provide:

1. A completed registration form
2. Proof of property ownership or legal right to use the property for rentals
3. A copy of the host's government-issued ID
4. Proof of registration with the Mexican tax authorities (SAT)
5. Guest Information Reporting

Jalisco requires short-term rental hosts to collect and report guest information to the state authorities. This includes the full name, nationality, and dates of stay for each guest. The information must be submitted electronically within 24 hours of guest check-in.

This reporting requirement helps ensure the safety and security of guests and residents and assists with tourism data collection and analysis.

Occupancy Limits

Jalisco imposes occupancy limits on short-term rentals to prevent overcrowding and maintain the residential character of neighborhoods. The maximum occupancy is determined by the number of bedrooms in the property:

1. Studio or 1-bedroom: 2 guests
2. 2 bedrooms: 4 guests
3. 3 bedrooms: 6 guests
4. 4 bedrooms: 8 guests
5. 5+ bedrooms: 2 guests per bedroom

Children under the age of 12 are not counted towards the occupancy limit. Hosts must ensure that their properties are not overcrowded and that guests adhere to the occupancy restrictions.

Safety Standards

Short-term rentals in Jalisco must meet basic health and safety standards to protect guests and neighboring residents. This includes:

1. Working smoke detectors in each bedroom and common area
2. Properly maintained fire extinguishers on each floor
3. Clearly marked emergency exits and evacuation plans
4. Regular pest control and cleaning services
5. Compliance with building codes and zoning regulations

Hosts are responsible for ensuring that their properties are safe and well-maintained. Failure to meet safety standards can result in fines, permit revocation, and legal liability.

Noise and Nuisance Regulations

Jalisco requires short-term rental guests to respect the peace and tranquility of residential neighborhoods. Hosts must inform guests of local noise and nuisance regulations, which typically prohibit loud music, parties, and disruptive behavior after 10:00 PM.

Repeated violations of noise and nuisance rules can lead to fines for both guests and hosts, as well as the potential loss of operating permits.

Insurance Requirements

While not mandatory, Jalisco strongly recommends that short-term rental hosts carry appropriate liability insurance to protect themselves and their properties. Many hosting platforms, such as Airbnb, offer some level of host protection insurance, but additional coverage may be necessary.

Hosts should consult a local provider to determine the best insurance coverage for their situation and property.

By complying with these Jalisco-wide short-term rental rules, hosts in Zapopan can ensure that they are operating legally and responsibly within the larger state framework. Adhering to these regulations helps create a thriving and sustainable vacation rental market that benefits hosts, guests, and local communities alike.

Does Zapopan Strictly Enforce STR Rules?

Based on discussions in real estate investing forums like Bigger Pockets, Zapopan does not appear to be strictly enforcing its short-term rental regulations at this time. Many hosts report operating STRs in Zapopan without obtaining the required permits or paying lodging taxes.

One Bigger Pockets member shared their experience: "I've been running an Airbnb in Zapopan for over a year without registering or getting any licenses. I know I'm supposed to, but enforcement seems very lax. I haven't had any issues so far."

Another host commented, "The permit process in Zapopan is complicated, and the fees add up. Lots of hosts I know are just winging it without the paperwork. From what I've seen, the city isn't really cracking down or auditing."

Compared to some other major Mexican cities like Mexico City that have been more aggressive with regulations and enforcement, Zapopan is relatively Airbnb-friendly in practice, if not on paper. The lack of strict enforcement has allowed the short-term rental market to grow.

However, hosts are still taking a legal risk by not complying with Zapopan's STR ordinances. The city could step up enforcement at any time and issue fines or shutdown orders to illegal rentals. One Zapopan host on Reddit warned, "Even if the city is being lenient now, it's better to do things by the book. You never know when they might start taking the rules more seriously."

The consensus on real estate forums is that many hosts are currently operating STRs in Zapopan without full compliance, enabled by limited enforcement. However, this could change, and the safest approach is still to obtain proper permits and pay applicable taxes. Hosts should stay informed on any shifts in Zapopan's regulatory approach.

So, in summary, while Zapopan has established short-term rental regulations, their enforcement seems inconsistent based on host experiences shared online. This has created a sizable informal STR market. However, operating without permits is still a gamble, as the city may escalate enforcement efforts in the future. Zapopan is Airbnb-friendly in the sense that many illegal rentals are flying under the radar for now, but hosts should be aware of the risks of non-compliance.

How to Start a Short-Term Rental Business in Zapopan

Starting a short-term rental business in Zapopan can be a lucrative venture, but it's essential to follow the proper steps to ensure compliance with local regulations and set yourself up for success. Here's a step-by-step guide to launching your Zapopan STR:

1. Research Zapopan's STR Regulations: Familiarize yourself with Zapopan's specific short-term rental rules, including permit requirements, zoning restrictions, and tax obligations. Understand the legal framework to ensure your business operates within the law.
2. Choose a Suitable Property: Select a property that meets Zapopan's STR criteria, such as being located in an approved zone and meeting safety standards. Consider factors like location, amenities, and potential rental demand when choosing your property.
3. Register with Tax Authorities: Before applying for a Zapopan STR permit, you must register your business with the Mexican tax authorities (SAT). Obtain a tax ID number and familiarize yourself with your tax reporting and payment obligations.
4. Obtain Necessary Permits: Apply for a Zapopan short-term rental permit through the city's Tourism Secretariat. Submit the required documents, pay the applicable fees, and wait for your permit to be approved before launching your rental.
5. Set Up Your Listing:Create a compelling listing on popular STR platforms like Airbnb and Vrbo. Take high-quality photos, write an engaging description, and set competitive rates. Be sure to highlight your property's unique features and amenities.
6. Implement Safety Measures: Ensure your property meets all safety requirements, such as installing smoke detectors, providing fire extinguishers, and clearly marking emergency exits. Regularly maintain and inspect your property to ensure ongoing compliance.
7. Develop House Rules and Rental Agreement:Create clear house rules and a rental agreement that outline expectations for guests, such as occupancy limits, noise restrictions, and pet policies. Having a written agreement can help prevent misunderstandings and protect your property.
8. Arrange Cleaning and Maintenance: Establish a reliable cleaning and maintenance system to ensure your property is always guest-ready. You can choose to handle these tasks yourself or hire a professional service to manage turnover between guests.
9. Comply with Tax Obligations: Understand and comply with your tax obligations as a short-term rental host in Zapopan. This includes collecting and remitting the 3% lodging tax, as well as reporting your rental income and paying the appropriate income taxes.
10. Provide Excellent Guest Experience: Focus on providing a top-notch guest experience to earn positive reviews and repeat bookings. Be responsive to guest inquiries, offer local recommendations, and go above and beyond to ensure a comfortable and enjoyable stay.
11. Monitor and Adapt to Regulatory Changes: Stay informed about any changes to Zapopan's short-term rental regulations, and be prepared to adapt your business as needed. Regularly review your permits and registrations to ensure ongoing compliance.

You can build a successful and sustainable venture by following these steps and operating your short-term rental business in compliance with Zapopan's regulations. Remember to prioritize guest satisfaction, maintain a high-quality property, and stay attuned to the evolving legal landscape to ensure long-term success in this dynamic industry.

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

If you have questions or concerns about short-term rental regulations and zoning in Zapopan, there are several local government offices and resources available to assist you. Here are the key contacts for STR matters in Zapopan:

1. Zapopan Tourism Secretariat (Secretaría de Turismo de Zapopan)

The Zapopan Tourism Secretariat is the municipality's primary authority for short-term rental permits and regulations. They can provide information on permit requirements, application processes, and zoning restrictions.

Phone: +52 33 3818 2200 ext. 1774
Email: turismo@zapopan.gob.mx
Address: Av. Hidalgo 151, Centro Histórico, 45100 Zapopan, Jalisco, Mexico
Hours: Monday to Friday, 9:00 AM - 5:00 PM

2. Zapopan Urban Development Directorate (Dirección de Desarrollo Urbano de Zapopan)

For questions related to zoning, land use, and building codes for short-term rentals, contact the Zapopan Urban Development Directorate. They can provide guidance on whether a specific property is eligible for STR use and any necessary zoning approvals.

Phone: +52 33 3818 2200 ext. 1954
Email: desarrollourbano@zapopan.gob.mx
Address: Unidad Administrativa Basílica, Andador 20 de Noviembre 82, 45100 Zapopan, Jalisco, Mexico
Hours: Monday to Friday, 9:00 AM - 3:00 PM

3. Jalisco Secretariat of Tourism (Secretaría de Turismo de Jalisco)

Contact the Jalisco Secretariat of Tourism for information on state-wide short-term rental regulations and registration requirements. They can assist with the mandatory state registration process for STRs.

Phone: +52 33 3668 1600
Email: secturjal@jalisco.gob.mx
Address: Morelos 102, Plaza Tapatía, 44100 Guadalajara, Jalisco, Mexico
Hours: Monday to Friday, 9:00 AM - 6:00 PM

4. Mexican Tax Administration Service (Servicio de Administración Tributaria, SAT)

For questions related to tax registration, reporting, and payment obligations for short-term rentals, contact the Mexican Tax Administration Service. They can provide guidance on obtaining a tax ID, filing tax returns, and complying with federal tax regulations.

Phone: +52 55 627 22 728
Website: www.sat.gob.mx
Address: Av. Hidalgo 77, Guerrero, 06300 Mexico City, Mexico
Hours: Monday to Friday, 9:00 AM - 3:00 PM

By contacting these offices and utilizing their resources, you can get the most up-to-date and accurate information on short-term rental regulations and zoning in Zapopan. Don't hesitate to reach out with any questions or concerns to ensure your STR business operates in full compliance with local laws and requirements.

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

Airbnb hosts in Zapopan have expressed mixed opinions about the municipality's short-term rental regulations on online forums like Reddit and Bigger Pockets. Here are some notable discussions and perspectives:

Reddit - r/AirbnbHosts: In a thread titled "Zapopan STR Regulations - Worth the Hassle?" hosts debated the pros and cons of complying with the city's permit requirements. Some argued that operating legally provides peace of mind and protects against potential fines or shutdowns. Others felt the process was too burdensome and costly, especially for part-time hosts.

Bigger Pockets - Zapopan Real Estate Investing Forum: A discussion titled "Navigating Zapopan's STR Rules" saw hosts sharing tips and experiences with the permitting process. Many emphasized the importance of working with a local attorney or property manager to ensure compliance. Some hosts admitted to operating without permits but acknowledged the risks involved.

Reddit - r/Zapopan: In a post titled "Zapopan's STR Crackdown - What to Expect," hosts speculated about the city's enforcement efforts. Some reported receiving warning letters or fines for non-compliance; others had yet to face any consequences. The consensus was that enforcement is inconsistent but likely to increase over time.

Bigger Pockets - Mexico STR Investors Forum: A "Zapopan vs. Other Mexican Cities for Airbnb" thread compared the regulatory landscapes across popular STR markets. Hosts noted that while Zapopan's rules are relatively strict on paper, enforcement is more lax than in cities like Mexico City or Cancun. However, they cautioned that this could change and advised new hosts to comply from the start.

Reddit - r/AirbnbMexico: In a discussion titled "Taxes and Regulations for Zapopan STRs," hosts shared their experiences with the city's tax requirements. Many found the process confusing and sought advice from accountants or tax professionals. Some hosts criticized the 3% lodging tax as an additional burden on top of income taxes and platform fees.

Overall, the sentiment among Zapopan Airbnb hosts on these forums is that the city's regulations are complex and sometimes frustrating to navigate. While some hosts choose to operate informally, most acknowledge the importance of compliance for long-term success. Many hosts appreciate the income potential of STRs in Zapopan but wish for clearer guidelines and more streamlined processes.

The discussions also highlight the value of connecting with other local hosts and professionals to stay informed and adapt to regulatory changes. As Zapopan's STR market continues to evolve, hosts must stay engaged and advocate for their interests while maintaining positive relationships with the city and local communities.

Disclaimer: While we here at BNBCalc strive to keep all of our city 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 city 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.