Navigating the Changes on Kauais Short-Term Rental Laws in 2025: A Guide for Purchasers

7 Important Facts On Kauai Real Estate That You Need To Know

The good news is that there are some select homes on Kauai that you can use as a vacation rental. This should be provided so the buyer has a sample of the operational expectations of the Department for renewals. “Grandfathered” short-term rentals outside the VDA that have been in operation since prior to March 2008 and were issued a nonconforming use certificate (“NUC”), must renew their NUC annually.

There is a blog linked below explaining CPRs in more detail. As a homeowner and Realtor, I know that there is so much to learn and every market is unique, especially on Kauai. Whether you are a local or from off-island a first-time home buyer or investor this post will prepare you for your purchase. It will cover 5 important facts that will be super helpful to know before you start your real estate search on Kauai. Keep in mind that Volcano, Naalehu, Hilo, and Mountain View, which are other top short-term rental markets in the state of Hawaii, abide by the County of Hawaii short-term rental regulations. In sum, Maui has some of the strictest Airbnb laws across the state of Hawaii, but non-owner  occupied short-term rentals might still be an option.

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In theory, the County of Kauai could decide that Cliffs Resort vacation rentals and time shares could no longer operate as such. Kauai conveniently publishes a list of non-conforming legal vacation rentals (rentals outside of VDAs), so you can check to see if a property you are interested in renting is a legal vacation rental. These properties were grandfathered in as legal vacation rentals, even though they are outside of a VDA. New short-term vacation rentals are not allowed in single-family residential and agricultural zones and are only allowed in hotel, resort, commercial and multi-family commercial zones. The deadline for TVRs outside of the visitor destination area was October 15th, 2008.

Don’t start planning without our cheat sheets

So visit upcountry for the day (here are 15 incredible things to do in upcountry) but then head back to a vacation rental in a resort zone. This property map shows the very small areas where short term rentals are allowed. Most of Waikiki and Ko Olina allow short term rentals as well as a very small area of the north shore near Turtle Bay.

    Recently, Oahu has made headlines with changes they are making to their short-term rental rules.In fact most properties especially residential homes cannot be vacation rented on Kauai.According to Ordinance 22-7 and Ordinance 24-14, they are permitted only in resort-zoned areas and a couple of specific apartment-zoned areas.

It’s a 0% chance that the county will allow someone to turn their non-vacation rental property into a vacation rental. This is mainly because of the shortage of long term housing on Kauai. There are tens of thousands of rentals that are legally available for you to book for your dream Hawaii vacation. But each island has its own restrictions and renting outside of resort areas and business districts is almost always illegal (aside from specific homes that have been grandfathered in or are run as a hosted vacation rental). The vacation rental/B&B issue is one that is on both residents and potential buyers/seller's minds and tongues lately as the Kauai County has started to crackdown on those operating illegally in either category. The county was originally targeting transient vacation rentals or TVRs when the issue of B&B's became a larger issue due to the fact that residents can no longer apply for TVR permits.

Real Estate Terms 101: Kauai's TVR, B&B & Homestay Regulations

The 2000 Kauai General Plan addressed this issue, introducing the concept of “Alternative Visitor Accommodations,” which included Bed-and-Breakfasts (B&Bs) and https://riverestate.com/ single-family vacation rentals. This acknowledgment set the stage for Ordinance #864, adopted in 2008, which established specific guidelines for Transient Vacation Rentals. Truthfully, it is tricky to 100% know that you are renting a legal short term vacation property in Hawaii. But there are two ways that you can increase the chances of booking a legal rental. In April of 2022, the Honolulu City Council voted to approve a bill that extended the minimum booking period for a property outside of a resort area to 90 days (up from 30 days).

Therefore if someone has a TVR permit that property is a legal vacation rental. Make sure you check out all of our favorite vacation rentals and hotels for each island in our Where to Stay database. Rentals outside of resort areas that were previously being used as a vacation rental may still be a legal vacation rental if they have been granted permission and have a Non-Conforming Use certificate. We share all of our favorite hotels and vacation rentals for each island, to help make booking your accommodation less overwhelming. We’ll dive into the specific rules for each island as well as some of our favorite vacation rentals. There are no other short-term rental licenses and permits that are required at the state level.

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They are in the early stages of making changes to these types of properties, but you can expect that there will be changes coming here as well. For those homeowners that have yet to apply for a usage permit, they are now in a tough spot since the county currently approves only 10 additional permits per year. It’s a process that many B&B’s are telling the county will not only kill their business, it will also hurt Kauai’s economy. There have been hundreds of Kauai residents who have submitted their case to the county to justify the need for a larger amount of permits accepted each year. June 19, 2015 was the deadline for submitting the applications and the county is now in review of these applications. These regulations will continue to affect the real estate market as they drastically limit the inventory of vacation rental properties outside of VDA zones.

According to Ordinance 22-7 and Ordinance 24-14, they are permitted only in resort-zoned areas and a couple of specific apartment-zoned areas. Investors can use this map to check the eligibility of properties they have in mind. The only exception to this zoning regulation are grandfathered vacation rentals that have been operating since before October 22, 1986. Following in the footsteps of their neighbors, the Big Island is considering taking steps to limit and better regulate short term vacation rentals. This time, they are focusing on hosted short-term rentals, where the owner lives on-site. We’ve stayed at one of these homes, where the owner lived in one house, we rented her ohana unit, and she operated a coffee farm on the property.