Santa Fe Short-Term Rental Regulations

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Permit & Licensing

Short-Term Rental Permit

This permit type does not require primary residence.

Short-Term Rental Registration

This permit type does not require primary residence.

Application Process

Apply to City of Santa Fe Land Use Department. Submit application with local operator contact information. Pre-issuance inspection required. Also obtain business license under Section 18-1.

Note: Document requirements vary by permit type. See individual permit sections above for eligibility details.

Tax Obligations

Combined rate: ~15% of gross rental income.

Collection: Airbnb collects and remits Lodger's Tax on behalf of hosts. GRT may require self-remittance.

Filing: GRT filed and remitted to New Mexico Taxation and Revenue Department. Filing frequency determined by revenue volume (monthly or quarterly).

Rental Limits

Santa Fe does not impose an annual cap on the number of nights you can rent.

Occupancy & Density Limits

Twice the number of bedrooms

Zoning & Restrictions

Residential zones require a permit (max 1,000 city-wide). Non-residential zones require a registration (no limit). 50-foot minimum distance between residential STRs. Max 25% of units in multi-family buildings with 4+ units.

Insurance & Safety

Insurance

Santa Fe does not require short-term rental operators to carry specific insurance. Standard homeowner policies often exclude short-term rental activity, so many hosts obtain dedicated short-term rental or landlord liability coverage.

Safety & Operating Requirements

• Fire evacuation plan required
• Carbon monoxide detection required
• Smoke alarms in all bedrooms
• Fire extinguishers on each floor
• No storage of combustible materials in mechanical, boiler, or electrical rooms
• Fireplace or wood stove must have non-combustible ash receptacle outside dwelling unit
• Address numerals must be at least 4 inches tall, visible from street
• Certificate of occupancy required before permit issuance

Penalties for Non-Compliance

$100 for first offense, $250 for second offense, $500 for third and subsequent offenses (per 36-month period). Permit revocation and 1-year waiting period for reapplication also possible.

Platform Requirements

Host platforms must require permit/registration numbers in all listings. Upon notice of invalid permit number, host platform must deactivate listing within 5 business days. Monthly report of URLs and permit numbers required.

Compliance Checklist

Follow these steps to legally operate a short-term rental in Santa Fe:

1. Determine your permit type. Santa Fe has 2 permit types. Identify which applies to your property (Short-Term Rental Permit, Short-Term Rental Registration).
2. Meet safety requirements. Fire evacuation plan required. Carbon monoxide detection required. Smoke alarms in all bedrooms. Fire extinguishers on each floor. No storage of combustible materials in mechanical, boiler, or electrical rooms. Fireplace or wood stove must have non-combustible ash receptacle outside dwelling unit. Address numerals must be at least 4 inches tall, visible from street. Certificate of occupancy required before permit issuance.
3. Apply for your STR permit. Submit application + $100 fee. See permit types above to determine which applies.
4. Register for tax accounts. Set up lodging tax accounts with New Mexico Taxation and Revenue Department.
5. Display your permit number. Include your permit/license number in all listings and advertisements.
6. Collect and remit taxes. ~15% on all bookings.
7. Renew annually. $325 renewal fee.

Frequently Asked Questions

Do you need a permit to run an Airbnb in Santa Fe?

Yes. Santa Fe requires a short-term rental permit to operate an Airbnb or Vrbo, and there are 2 permit types. See the permit types above to find which applies to your property.

How much does a short-term rental permit cost in Santa Fe?

A short-term rental permit in Santa Fe costs $100.

Does Santa Fe require a short-term rental to be your primary residence?

No. Santa Fe allows non-owner-occupied short-term rentals, so investment properties can qualify provided you hold the required permit.

How many days a year can you short-term rent in Santa Fe?

Santa Fe does not cap the number of nights per year you can short-term rent, though permitting, zoning, and occupancy rules still apply.

What taxes do you pay on a short-term rental in Santa Fe?

Short-term rental stays in Santa Fe are subject to a combined ~15% in lodging taxes. This combines 7% City of Santa Fe Lodger's Tax + 8.1875% New Mexico Gross Receipts Tax. The host is responsible for collecting and remitting them.

What happens if you run a short-term rental without a permit in Santa Fe?

Operating without a permit can cost up to $500 per violation.