comments2

2026-03-22 20:31:20 +02:00

Bianca

Not fully

Data Privacy

Privacy: Forcing guests to submit to government-tracked data sharing is a violation of privacy that will drive tourists to other destinations. It’s just too much
Livelihood Threat: Many South Africans rely on STR income to pay their mortgages and survive the cost-of-living crisis; over-regulation kills this “side-hustle”. It’s the 2nd job so many need to just survive.
Property Rights: A homeowner should have the right to use their private property as they see fit without government-mandated caps on occupancy. That is crazy: Most homes are only let during high season and rented out for a longer term during lower season.
Commercial Is fine as it will assist with putting costs of renovations and repair through as a taxable cost. This part is good of this is part of the deal!

2026-03-22 20:31:20 +02:00

Bianca

Not fully

Data Privacy

Privacy: Forcing guests to submit to government-tracked data sharing is a violation of privacy that will drive tourists to other destinations. It’s just too much
Livelihood Threat: Many South Africans rely on STR income to pay their mortgages and survive the cost-of-living crisis; over-regulation kills this “side-hustle”. It’s the 2nd job so many need to just survive.
Property Rights: A homeowner should have the right to use their private property as they see fit without government-mandated caps on occupancy. That is crazy: Most homes are only let during high season and rented out for a longer term during lower season.
Commercial Is fine as it will assist with putting costs of renovations and repair through as a taxable cost. This part is good of this is part of the deal!

2026-03-22 18:51:09 +02:00

Hilde

No I do not

All of the above

2026-03-22 17:42:29 +02:00

Karin

No I do not

All of the above

Regulatory Overreach

Privacy: Forcing guests to submit to government-tracked data sharing is a violation of privacy that will drive tourists to other destinations.
Livelihood Threat: Many South Africans rely on STR income to pay their mortgages and survive the cost-of-living crisis; over-regulation kills this “side-hustle”.
Property Rights: A homeowner should have the right to use their private property as they see fit without government-mandated caps on occupancy.
Administrative Overkill: The requirements are too “corporate” for a simple room-sharing arrangement and will discourage new entrants.
Privacy Risk: Forcing platforms to share personal data with the state is an overreach that risks the security of both hosts and guests.

2026-03-22 17:41:52 +02:00

Jamie

Not fully

Regulatory Overreach

We don't need more regulations that will affect an industry already struggling to survive

2026-03-22 16:57:11 +02:00

Karen

Not fully

All of the above

Regulatory Overreach

The draft Code of Good Practice is a positive and necessary step toward recognising the role of short-term rentals in South Africa’s tourism and broader economy. The focus on responsible hosting, guest conduct, and community impact is both appropriate and aligned with how professional operators already run their businesses.

However, several critical gaps require urgent attention. If left unaddressed, these gaps will create confusion, inconsistent enforcement, and unintended barriers to participation in a sector that is currently enabling thousands of South Africans to generate income.

1. Lack of Clear Definition of “Short-Term”

The current definition refers to “temporary use… ordinarily of short duration” without specifying any time-based threshold.

This is not a minor technicality. It is the foundation on which all future regulation will rest.

At present, a guest staying:

2 nights on holiday
and a guest staying

60 days while relocating for work

are both classified under the same umbrella.

In reality, these are completely different use cases.

To put this into perspective:

A person renting a property for 60 days through a digital platform is treated as a “short-term guest”, while a neighbour renting out the same property for 60 days via a lease agreement falls under traditional rental.

Same duration. Same use. Completely different regulatory lens.

This lack of definition creates uncertainty and opens the door to arbitrary interpretation at a later stage.

A clear distinction is required between:

short-term stays (nightly to weekly)

medium-term stays (30–90 days)

long-term rentals

Without this, policy risks regulating apples, oranges, and bananas as if they are the same thing.

2. Over-Reliance on Municipal Bylaws

The Code places significant emphasis on compliance with municipal bylaws.

In principle, this is reasonable. In practice, it is problematic.

Municipal regulations across South Africa are:

inconsistent

often unclear

and unevenly enforced

This creates a situation where a host operating responsibly in one municipality may unknowingly be non-compliant in another… without any clear national standard to guide them.

In addition, the absence of clear national guidance significantly increases the risk of overreach and abuse by Body Corporates and Homeowners Associations (HOAs). In many cases, these entities already operate with broad discretionary powers, and without defined limits, they may impose restrictive or arbitrary rules that go beyond reasonable governance. This can result in:

inconsistent and subjective enforcement within the same complex or estate

blanket bans that are not proportionate to actual risk or impact

misuse of authority to restrict lawful economic activity

increased disputes between owners, trustees, and residents

Without a clear national framework, these private governance structures may effectively become de facto regulators, creating an additional and often unpredictable layer of control.

Expecting compliance with fragmented and, in some cases, undefined local frameworks — compounded by varying rules from Body Corporates and HOAs — places an unfair and often unmanageable burden on participants.

A more balanced approach would include:

clear national baseline standards

defined limits and guidance for Body Corporates and HOAs

guidance for municipalities

and greater consistency across jurisdictions

3. Absence of Tiered Regulation

The Code does not distinguish between:

a homeowner renting out a spare room occasionally

an individual relying on a single unit as a primary or supplementary income

a professional operator managing multiple properties

These are fundamentally different participants with different risk profiles, levels of impact, and economic realities.

Regulating them as if they are the same is like applying the same rules to:

someone selling homemade goods at a weekend market
and

a national retail chain

A one-size-fits-all approach risks:

overburdening small-scale participants

discouraging entry into the market

while failing to adequately regulate larger operators

A tiered framework would allow for proportionate, fair, and effective oversight.

4. Potential Future Regulatory Burden

Several elements introduced in the Code, including:

designated persons

insurance expectations

platform data sharing

are currently framed as guidance.

However, these are clearly foundational building blocks for future regulation.

If implemented without careful consideration, they may:

increase compliance costs

create administrative complexity

and raise barriers to entry

Particularly for individuals using this model to generate supplementary income in a challenging economic environment.

5. Misalignment with the Broader Rental Market

There is currently no meaningful alignment between short-term (or medium-term) rentals and the traditional rental market.

A guest staying for 60 days due to relocation, renovation, or project work is not materially different from a tenant occupying a property for the same period under a lease.

Yet one is treated as part of the tourism sector, while the other falls under residential rental frameworks.

This creates regulatory inconsistency and raises a fundamental question:

At what point does a “short-term stay” simply become… a rental?

Policy must reflect the realities of how people live and move today, not just traditional categories that no longer fully apply.

Conclusion

The short-term rental sector is not a fringe activity. It is a meaningful contributor to:

tourism capacity

job creation

and income generation for ordinary South Africans

This Code is an important starting point.

However, without:

clear definitions

consistent frameworks

and proportionate regulation

there is a real risk of creating confusion instead of clarity, and barriers instead of opportunity.

With the right refinements, South Africa has the opportunity to lead with a balanced, forward-thinking approach that supports both responsible tourism and economic participation.

Further engagement with experienced industry practitioners is strongly encouraged to ensure that future regulation is both practical and effective.