Overview: Are Short-Term Rentals Allowed in Waianae?

Yes, short-term rentals are explicitly allowed in specific areas of Waianae, Hawaii, but with significant and strict restrictions. Waianae is located within Honolulu County (City and County of Honolulu), and short-term rentals for periods less than 30 days are only permitted in designated resort-zoned areas and for properties with valid permits.

Critical Point: The vast majority of Waianae is NOT eligible for short-term rentals of less than 30 days. STRs are primarily restricted to the Makaha Resort Zone or properties with grandfathered Nonconforming Use Certificates (NUCs). Properties outside these specific areas are limited to 30+ day minimum stays, effectively making them mid-term rentals rather than traditional STRs.

How to Start a Short-Term Rental Business in Waianae

1. Verify Property Eligibility

• Confirm resort zoning status: Use the City and County of Honolulu STR Eligibility Map to verify your property is in the Makaha Resort Zone
• Check for NUC eligibility: Properties operating since before October 22, 1986, may qualify for Nonconforming Use Certificates
• Use the official mapping tools: Access the STR Eligibility Map and STR Compliance Map provided by Honolulu DPP

2. Complete Required Registration

• Apply through HNL Build portal: Register for STR Registration through the City and County of Honolulu Department of Planning and Permitting
• Prepare documentation: Complete the Statement of Compliance (Rev. 7/2024) and gather all required property information
• Submit fees: Pay all applicable registration and permit fees

3. Tax Registration and Setup

• Obtain Hawaii Tax ID: Register with the Hawaii Department of Taxation
• GET License: Secure General Excise Tax licensing
• TAT Registration: Register for Transient Accommodations Tax collection
• Set up tax collection systems: Implement procedures for collecting and remitting applicable taxes

Required Documents, Permits, Licenses, and Guidelines

Essential Permits and Registration

1. STR Registration Certificate - Issued by City and County of Honolulu DPP
2. Hawaii Tax ID Number - From Hawaii Department of Taxation
3. GET License - General Excise Tax collection authorization
4. TAT Registration - Transient Accommodations Tax registration

Required Documentation

• Statement of Compliance (Rev. 7/2024) - Mandatory compliance attestation
• Property Tax Map Key Information - Official property identification
• STR Registration Number - Required for all advertising
• Proof of Property Ownership - Documentation of legal ownership or authorization
• Informational Guide for Registration - Review required guidelines

Operational Documentation

• House rules and guidelines - Must include noise regulations, parking requirements, and occupancy limits
• Emergency contact information - Required for guest safety
• Tax collection procedures - Systems for GET, TAT, and OTAT collection

Specific Regulations for Short-Term Rentals

Zoning Restrictions

• Resort-zoned areas only: STRs under 30 days restricted to designated resort zones
• Makaha Resort Zone: Primary legal STR area in Waianae
• Apartment-zoned areas: Limited apartment-zoned areas may permit STRs
• Residential properties: Cannot legally operate STRs under 30 days without proper resort zoning

Operational Regulations

Occupancy Limits:

• Maximum 2 adult transient occupants per room
• B&Bs: Up to 2 rooms with owner/permanent resident present
• TVUs: Whole home/unhosted rentals with same occupancy limits

Parking Requirements:

• Guests must park in driveways or designated parking stalls
• No parking on public streets for transient visitors
• Must provide clear parking instructions to guests

Advertising Compliance:

• Must display STR registration number on all listings
• Property tax map key must be included in advertisements
• Compliance with all posting requirements

Minimum Stay Requirements:

• Properties outside resort zones: 30-day minimum stays
• Resort zone properties: No minimum stay restrictions
• NUC properties: Subject to grandfathered terms

Types of Permitted STRs

1. Bed and Breakfast Homes (B&Bs):

   • Owner/permanent resident present during stay
   • Maximum 2 rooms
   • Maximum 2 adult transient occupants per room

2. Transient Vacation Units (TVUs):

   • Whole home/unhosted rentals
   • Maximum 2 adult transient occupants per room
   • No owner presence required

Enforcement and Penalties

• Violation fines: $1,000 to $10,000 per day for illegal operations
• Active monitoring: City issues Notices of Violation regularly
• Compliance requirements: All properties must be registered to operate legally
• NUC renewal requirements: Annual renewal between September 1 and October 15

Tax Obligations

General Excise Tax (GET)

• Rate: 4.5% (4% base rate + 0.5% Oahu surcharge)
• Applied to: Gross rental income
• Collection: Typically passed to guests but remitted by property owner

Transient Accommodations Tax (TAT)

• Rate: 10.25%
• Applied to: Gross rental income for stays under 180 days
• Collection: Required for all qualifying short-term rentals

Oahu Transient Accommodations Tax (OTAT)

• Rate: 3%
• Applied to: All rental income from stays shorter than 180 days
• Additional requirement: Applies specifically to Oahu properties

Property Tax Considerations

• Higher property tax rates: STRs subject to elevated property tax rates
• Assessment impacts: May affect overall property taxation

Contact Information for Local Authorities

City and County of Honolulu Department of Planning and Permitting

• Address: 650 South King Street, 7th Floor, Honolulu, Hawaii 96813
• Phone: (808) 768-8000
• Fax: (808) 768-6743
• Website: https://www.honolulu.gov/dpp/permitting/str/
• HNL Build Portal: https://honolulu.my.site.com/s/

Key Officials

• Director: Dawn Takeuchi Apuna
• Deputy Director: Bryan Gallagher
• 2nd Deputy Director: Regina Malepeai

Additional Resources

• STR Registration and Renewal: Available through DPP website
• Request for Investigation: https://www.honolulu.gov/dpp/rfi/
• STR Eligibility Map: https://cchnl.maps.arcgis.com/apps/webappviewer/index.html?id=ed2eec39157f41d3a27901de4b3f7530

Hawaii Department of Taxation

• Website: https://tax.hawaii.gov/
• Business Registration: https://hbe.ehawaii.gov/BizEx/start-help.eb

Important Links and Source Pages

1. Honolulu County STR Information: https://www.honolulu.gov/dpp/permitting/str/

2. STR Eligibility Map: https://cchnl.maps.arcgis.com/apps/webappviewer/index.html?id=ed2eec39157f41d3a27901de4b3f7530

3. STR Compliance Map: https://cchnl.maps.arcgis.com/apps/webappviewer/index.html?id=a87c9d1a9c4147c48286f569701f21b4

4. STR Registration Guide: https://www4.honolulu.gov/docushare/dsweb/Get/Document-351976/Informational%20Guide%20for%20STR%20Registration_Final.pdf

5. Statement of Compliance: https://www4.honolulu.gov/docushare/dsweb/Get/Document-351978/Statement_of_Compliance.pdf

6. Land Use Ordinance: https://www.honolulu.gov/dpp/wp-content/uploads/sites/56/2024/09/land-use-ordinance.pdf

7. STR Disclosure Form: https://www4.honolulu.gov/docushare/dsweb/Get/Document-350454/STR%20Disclosure%20Form.pdf

8. Hawaii Estate Information: https://www.hiestates.com/blog/oahu-vacation-rentals-rules-zoning-and-more-heading-into-2024/

9. Dwell Hawaii STR Guide: https://www.dwellhawaii.com/hawaii-vacation-rentals/oahu/

10. RedAwning Market Overview: https://www.redawning.com/pm/market-overview/waianae-hawaii

Critical Compliance Notes

Important: The regulatory environment for short-term rentals in Hawaii is highly complex and subject to frequent changes. Properties in Waianae outside the Makaha Resort Zone are generally limited to 30+ day minimum rentals, significantly limiting traditional short-term rental opportunities. Always verify current regulations and obtain proper legal and tax advice before making investment decisions. The City and County of Honolulu actively enforces STR regulations with significant fines for non-compliance.