Short-Term Rental Guide: Harwich, Massachusetts

Overview: Are Short-Term Rentals Allowed in Harwich, MA?

Yes, short-term rentals are allowed in Harwich, MA, but they are subject to both state and local regulations. Harwich permits STRs as defined by Massachusetts state law (rentals for 31 days or less), but requires local registration for rentals under 90 days. The town has implemented a registration system through the Building Department, though currently without fees or penalties for non-compliance.

How to Start a Short-Term Rental Business in Harwich

Step 1: State-Level Compliance

1. Register with Massachusetts Department of Revenue: Required since July 2019 for all STRs
2. Obtain Required Insurance: State law mandates insurance coverage
3. Set Up Tax Collection System: Collect and remit state taxes

Step 2: Local Harwich Registration

1. Contact Harwich Building Department: Handle local STR registration
2. Submit Registration Application: Complete required forms (specific forms not detailed in provided content)
3. Pay Any Applicable Fees: Currently no local registration fee required

Step 3: Health and Safety Compliance

1. Verify Smoke and CO Detectors: Ensure all detectors are in working order
2. Certify Building Code Compliance: Confirm property meets current building codes
3. Consider Health Department Inspection: While not required for registration, obtaining a rental certificate of inspection from the Harwich Health Department is recommended

Required Documents, Permits, Licenses, and Guidelines

State Requirements (Massachusetts)

• State Registration: Massachusetts Department of Revenue registration (required since 2019)
• Insurance Documentation: Proof of required insurance coverage
• State Excise Tax Registration: 5.7% state room occupancy tax

Local Requirements (Harwich)

• Local STR Registration: Filed with Building Department for rentals under 90 days
• Health and Safety Certification: Self-certification that smoke and CO detectors are functional
• Building Code Compliance Statement: Certification that property meets current codes

Recommended Documentation

• Rental Certificate of Inspection: From Harwich Health Department (voluntary but recommended)
• Property Insurance: Comprehensive coverage including liability
• Local Tax Registration: If applicable

Specific Regulations by Jurisdiction

Harwich Municipal Regulations

• Registration Threshold: Required for rentals less than 90 days
• Registration Authority: Building Department handles STR registration
• Registration Fee: No fee currently required
• Penalties: No penalties currently imposed for violations
• Inspection Requirements: No mandatory inspections as part of registration process
• Safety Compliance: Owners must certify smoke and CO detectors are in working order
• Building Code Compliance: Property must comply with current building codes

Barnstable County Regulations

• Additional Room Tax: 2.75% Cape Cod and Islands Water Protection Fund tax applies to STRs in Barnstable County (which includes Harwich)
• Tax Distribution: Funds support wastewater and water pollution abatement projects

Massachusetts State Regulations

• STR Definition: Any rental less than 31 days
• State Room Tax: 5.7% state excise tax on all STRs (implemented July 2019)
• Local Option Tax Authority: Towns may impose up to 6% additional local occupancy tax
• Registration Requirement: State registration mandatory since 2019

Contact Information for Local Authority

Harwich Building Department

• Department: Building Department (handles STR registration)
• Website: www.harwich-ma.gov/165/Building
• Additional Resources:
  • Forms & Applications: www.harwich-ma.gov/208/Forms-Applications
  • Building Permit Fee Schedule: www.harwich-ma.gov/1112/Building-Permit-Fee-Schedule
  • FAQs: www.harwich-ma.gov/204/FAQs

State-Level Contacts

• Massachusetts Department of Revenue: Handles state registration and tax collection (specific contact information not provided in content)

Market Compliance Data

According to recent registration data:

• State Registry Listings: 1,114 STRs registered with Massachusetts Department of Revenue
• Local Harwich Registry: 233 properties registered locally
• Compliance Gap: Significant lag between state and local registration (approximately 21% compliance rate)

Important Regulatory Notes

1. Zoning Considerations: Commercial activities, including hotels and inns, are not permitted in residential districts under typical zoning bylaws
2. Corporate Ownership: Some Massachusetts towns have restricted corporate ownership of STRs (monitor Harwich for similar measures)
3. Seasonal Impact: Registration requirements apply year-round, but enforcement may vary seasonally
4. Registration Updates: Regulations are evolving; monitor town communications for updates

Source Links

1. Harwich Building Department FAQ: www.harwich-ma.gov/204/FAQs?contentId=6c4f0f28-1449-4761-a96d-2c920dbc265a
2. Cape Cod Chronicle STR Registration Article: www.capecodchronicle.com/articles/1001/view/short-term-rental-registrations-lag
3. Harwich Building Department Main: www.harwich-ma.gov/165/Building
4. Harwich Zoning By-Laws: ecode360.com/12262993#12262993
5. Summer Vacation Rental Management Guide: www.gosummer.com/vacation-rental-management/harwich-massachusetts

Note: This guide is based on the provided content. Regulations may have changed since publication. Always verify current requirements with local authorities before proceeding with STR operations.