Short-term rental (Airbnb) rules in Swampscott, Massachusetts
Swampscott has no short-term rental bylaw or local registration, and its zoning bylaw doesn't directly address renting a whole house on Airbnb. Renting rooms to overnight guests in your own home is treated as a Bed and Breakfast, which needs a special permit from the Board of Appeals in residence districts, must be owner-occupied, and is capped at 4 guest bedrooms. An ADU can't be rented for less than 30 days.
| Bed & Breakfast in residence districts | Special permit (SP) in A-1 to A-4 and B-1; not allowed in B-2, B-3, B-4 or I [1] |
| B&B owner-occupancy | Required [2] |
| B&B max guest bedrooms | 4 [2] |
| B&B guest rooms share of home | No more than 50% of gross floor area [3] |
| Length of stay (all lodging establishments) | 1 to 30 nights [4] |
| ADU minimum rental | 30 consecutive days [6] |
These rules come from the zoning bylaw version updated through the May 19, 2025 Town Meeting and may have changed since.
No short-term rental bylaw
The sources we reviewed (the zoning bylaw and the general bylaws) contain no short-term rental registration, license, fee or cap, and nothing that specifically addresses renting out an entire single-family home through Airbnb or VRBO. Ask the Building Department how it treats whole-home rentals before listing.
Renting rooms: the Bed and Breakfast rules
The zoning bylaw's Travel and Tourist Lodging Establishments section (hotels, motels, inns and B&Bs) is the closest thing to short-term rental rules. A B&B is overnight transient lodging in a residential building offered to the public for compensation [8]. It needs a special permit from the Board of Appeals in the A-1 to A-4 residence districts and B-1, and is not allowed in the other districts [1]. Conditions:
- It must be a private, owner-occupied residence with no more than 4 guest bedrooms [2].
- Guest rooms can take up no more than 50% of the home's gross floor area and must be inside the main house [3].
- No exterior alterations except for safety, aesthetics or maintenance; breakfast only, for registered guests.
Rules for every lodging establishment
Stays must be at least 1 night and no more than 30 nights [4], guests can't claim residency, and the establishment must have on-site management at all times [5]. Guest rooms may not have their own in-room cooking facilities.
ADUs can't be short-term rentals
An accessory dwelling unit may not be offered for rent for less than 30 consecutive days [6]. State law lets towns restrict short-term rental of ADUs, so this rule is consistent with the state ADU law.
State requirements still apply
State registration with the Department of Revenue, room occupancy taxes and insurance rules apply no matter what the bylaw says (see the state section).
Next steps
- Call the Building Department (781-596-8857) to ask whether renting your whole home short-term is allowed in your district.
- If you'll rent rooms in your own home, apply to the Zoning Board of Appeals for a Bed and Breakfast special permit.
- Register the property with the Massachusetts Department of Revenue on MassTaxConnect before taking bookings.
Common questions
- Is Airbnb allowed in Swampscott, Massachusetts?
- Swampscott has no short-term rental bylaw or local registration, and the zoning bylaw doesn't directly address renting a whole house on Airbnb.
- Can I rent a room to overnight guests in Swampscott, Massachusetts?
- It's treated as a Bed and Breakfast, which needs a special permit from the Board of Appeals in residence districts and must be owner-occupied.
- How many bedrooms can a bed and breakfast have in Swampscott, Massachusetts?
- Up to 4 guest bedrooms, using no more than 50% of the gross floor area.
- Can I rent my ADU short term in Swampscott, Massachusetts?
- No. An ADU can't be rented for less than 30 days.
Massachusetts' short-term rental law
Since July 1, 2019, M.G.L. c. 64G has taxed and regulated short-term rentals: stays of 31 days or less in a home, apartment, condo or room booked in advance.
State requirements:
- Register with the Department of Revenue (DOR) on MassTaxConnect and get a Certificate of Registration for each property. Post it in the unit.
- 14-day exemption: if you rent a property 14 days or fewer in a calendar year, no tax is due. You still have to register and file DOR's declaration by January 15 each year. Go over 14 days and you owe tax on every day, including the first 14.
- State room occupancy excise: 5.7% of rent (including cleaning and booking fees).
- Local taxes on top, if your town has adopted them: a local excise of up to 6% (6.5% in Boston), and a community impact fee of up to 3%. The fee applies to "professionally managed" units (an operator with 2 or more units in a town, other than units in the owner's own 1 to 3 family home) and, by separate vote, to units in an owner-occupied 2 or 3 family house. Barnstable County towns add 2.75% for a regional water fund.
- Insurance: at least $1 million liability coverage per unit, unless the booking platform provides equal coverage (c. 175, §4F).
Towns may go further (c. 64G, §14). They can require local licenses and inspections, cap the number of days or units, limit where rentals are allowed, or ban them entirely.
What the bylaw says
- Sec. 2.2.3.0 Table of Principal Uses, A.4, Zoning By-Law (Version 5-21-25; updated through Annual Town Meeting May 19, 2025), p. 8
4. Bed and Breakfast Establishment SP SP SP SP SP N N N N C
- Sec. 5.13.6.1, Zoning By-Law (Version 5-21-25; updated through Annual Town Meeting May 19, 2025), p. 138
5.13.6.1. A B&B is a private, owner-occupied residence with up to four (4) bedrooms available for guest accommodation within the residence.
- Sec. 5.13.6.2, Zoning By-Law (Version 5-21-25; updated through Annual Town Meeting May 19, 2025), p. 138
The guest rooms may not comprise more than fifty (50%) percent of the gross floor area of the principal residence.
- Sec. 5.13.2.2, Zoning By-Law (Version 5-21-25; updated through Annual Town Meeting May 19, 2025), p. 136
5.13.2.2. Allowable length of stay in a lodging establishment is no less than one (1) night and no greater than thirty (30) nights.
- Sec. 5.13.2.4, Zoning By-Law (Version 5-21-25; updated through Annual Town Meeting May 19, 2025), p. 136
5.13.2.4. Lodging establishments shall have on-site management at all times.
- Sec. 5.11.3.6, Zoning By-Law (Version 5-21-25; updated through Annual Town Meeting May 19, 2025), p. 134
5.11.3.6. No ADU shall be offered for rent for a period of less than thirty (30) consecutive days.
- Sec. 5.13.2.1, Zoning By-Law (Version 5-21-25; updated through Annual Town Meeting May 19, 2025), p. 136
5.13.2.1. Lodging establishments are intended for transient, overnight or short-term occupancy guests on intermittent visits, and shall not be used as long-term rental units or apartments.
- Article VI, Definitions, Bed and breakfast establishment, Zoning By-Law (Version 5-21-25; updated through Annual Town Meeting May 19, 2025), p. 139
Bed and breakfast establishment: Overnight transient lodging accommodations within a residential building that is offered to the general public for compensation, subject to the provisions set forth in By-law Section 5.13.0.0.