South Carolina S 848: Co-owned home

Bill Text

2025-2026 Bill 848 Text of Previous Version (Jan. 28, 2026) - South Carolina Legislature Online 

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