S 848

South Carolina General Assembly
126th Session, 2025-2026
Bill 848
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS
BY ADDING SECTION 12-37-160 SO AS TO PROVIDE THAT AN IMPOSITION OF ANY
TAXATION, PROHIBITION, RESTRICTION, OR FEE IMPOSITION, OR ANY REGULATION
REGARDING THE USE, DISPOSITION, OR SALE OF A CO-OWNED HOME MUST BE DONE BY THE
GENERAL ASSEMBLY.
Whereas, the General Assembly finds that the public policy of this
State favors the transferability of interests in real property free from
unreasonable restraints; and
Whereas, Section 1, Article XII of the South Carolina Constitution
acknowledges that the property of the people of this State is a matter of
public concern; and
Whereas, an individual's right and ability to own property should not
be unreasonably infringed upon by unnecessary and burdensome restrictions. Now,
therefore,
Be it enacted by the General Assembly
of the State of South Carolina:
SECTION 1.  Article 1, Chapter 37, Title
12 of the S.C. Code is amended by adding:
    Section
12-37-160. (A) For purposes of this
section:
       (1) "Co-owned home" means a
residential dwelling located in a municipality that is jointly owned, in any
manner or form, by any combination of individuals or entities for the purpose
of the owners' use and enjoyment.
       (2) "Residential dwelling" means any
building, structure, or part of the building or structure, that is used or
intended to be used as a home, residence, or sleeping place by one or more
persons to the exclusion of all others.
    (B) An imposition of any taxation,
prohibition, restriction, fee imposition, or any regulation regarding the use,
disposition, or sale of a co-owned home must be enacted by the General
Assembly. This section supersedes and preempts any ordinance enacted by a
municipality, or the enforcement of any ordinance by any municipality, that
purports to regulate the use, disposition, sale, or any imposition of any
prohibition, restriction, fee imposition, or taxation of co-owned homes.
Nothing in this section limits the authority of a county to regulate a co-owned
home. Nothing in this section limits the authority of a municipality to:
       (1) enact or enforce any ordinance to
regulate the rental of co-owned homes provided that the ordinance does not
regulate the use of the home by the owners of the co-owned home or the guests
of the owners so long as no fee is collected from the guest; or
       (2) enact or enforce land use
regulations, if the regulations are applied equally to all residential
dwellings, including co-owned homes and does not treat the operation,
management, or conveyance of a co-owned home as a commercial use.
SECTION
2.  This act takes effect upon approval by the Governor.
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This web page was last updated on January 28, 2026 at 01:50 PM