Alameda County · checked 2026-09-16
Can you BnB it in Berkeley?
RestrictedBerkeley allows short-term rentals only in the host's own residence, with a Zoning Certificate and business license, and caps rentals while the host is away at 90 days per year. A buyer cannot take over a seller's short-term rental; they must live in the home and qualify on their own.
The rules, with their sources
Permit or licenseA permit or license is required before operating.L123.314.050(A) · code text · checked 2026-09-16
Hosted onlyThe code does not limit rentals to hosted stays.L1BMC Chapter 23.314 (Ord. 7787-NS Section 2 (Exh. A), 2021); code current through Ord. 8031-NS, July 28, 2026 · code text · checked 2026-09-16
Primary residenceThe rental must be the operator's primary residence.L123.314.040(A) · code text · checked 2026-09-16
Night capUnhosted rentals are capped at 90 nights per year.L1BMC Chapter 23.314 (Ord. 7787-NS Section 2 (Exh. A), 2021); code current through Ord. 8031-NS, July 28, 2026 · code text · checked 2026-09-16
Caps and limitsNo citywide numeric cap; the binding limits are the host residence requirement and the 90 day per calendar year cap on rentals while the host is not presentL123.314.050(B)(2) · code text · checked 2026-09-16
Transfer when the home sellsChapter 23.314 has no transfer section; authorization is inherently personal because STRs are permitted only in the host residence and the host must document owner-host or tenant-host status and host residence to the Planning and Development Department (23.314.050(A)). A buyer cannot inherit a seller's STR status but may qualify anew by making the unit their own host residence and obtaining their own Zoning Certificate and Business License.L123.314.040(A), 23.314.050(A) (code silent on transfer as such) · code text · checked 2026-09-16
Read the code text →
In the city's own words
23.314.040(A)“Host Residence. Short-term rentals are permitted only in the host residence.” source
23.314.050(B)(2)“When the host is not present, a unit may be used as a short-term rental for no more than 90 days per calendar year.” source
23.314.030“This chapter applies to the rental of a dwelling unit, accessory dwelling unit or accessory building for a period of less than 14 consecutive days.” source
23.314.050(A)“An owner-host of a short-term rental must provide the Planning and Development Department documentation of owner-host and host residence status and, if applicable, host presence.” source
Citation: BMC Chapter 23.314 (Ord. 7787-NS Section 2 (Exh. A), 2021); code current through Ord. 8031-NS, July 28, 2026
Check a specific address
The checker resolves any California address to its jurisdiction and returns these rules with their verification level. Where a county or city publishes a licensed-rental registry or parcel map (Riverside County, San Diego, Palm Springs, and a growing list), it also runs parcel spacing, permit cap, and registry checks.
How this page was verified
Verified from the municipal code (level 1), checked on 2026-09-16 by the CanIBnB research desk. Research is AI assisted and human reviewed; the method, the level system, and the re-check schedule are on the How we verify page. If anything here is wrong, report it and it goes in the public corrections log.