# summary - Link: https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/ - Published: 2026-03-22T16:14:54+02:00 - Author: dearSA _Advert_ _Advert – scroll down_ [ have your say](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/#havasay) The Department of Tourism has gazetted a Code of Good Practice for Short-Term Rentals( STRs), framing it as a “non-binding” interim measure. However, Minister Patricia de Lille has confirmed that this Code is the critical first step toward a total overhaul of the Tourism Act of 2014, which will introduce formal, mandatory regulations for the home-sharing economy. **The stakes are high.** While the Code aims to address noise, safety, and community impact, it opens the door for far more restrictive measures currently being debated in Parliament and major metros: - _Rental Caps:_ The Minister has explicitly referenced international models( like London and Paris) where homeowners are restricted to renting their properties for only 90 days per year. - _Commercial Reclassification:_ Municipalities like Cape Town are already exploring by-laws to reclassify STRs as “commercial” businesses, which could see property rates double or triple. - _Surveillance and Data Sharing:_ The Code encourages platforms (like Airbnb and Booking.com) to share host and guest data directly with the government, raising significant POPIA and privacy concerns. - _Equality vs. Livelihood:_ While traditional hotels argue for a “level playing field,” thousands of ordinary South Africans rely on this income to survive the rising cost of living. ### _Points to consider_ [Why the Industry is "Rattled"](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1774185231856-6241c5bf-7c7d) ### 3 Key Disruptions 1. a. **The Identity Mandate** One of the most significant shifts for guests is the requirement to provide identity data. In the past, home-sharing felt anonymous and casual. The Code moves toward a formal “check-in” process similar to hotels, which the industry fears might deter privacy-conscious travellers. b. **The “Good Neighbour” Burden The Code explicitly expects guests to “respect the cultural norms and values of the host community”. This isn’t just a suggestion— hosts are now encouraged to provide guests with written visitor policies. For the customer, this means a “party weekend” in a residential area is no longer just a social faux pas; it is a breach of the Code that could lead to platform- wide blacklisting. c. **Economic Reclassification As municipalities use this Code to justify commercial rates for Airbnbs, the “budget” appeal of home-sharing is under threat. If a host’s municipal bill doubles because they are treated like a hotel, the guest will inevitably pay the difference. This could see the “affordable holiday” for local South African families disappear. The primary anxiety stems from the transition from guidelines to hard law. Key concerns identified in recent reports include: - _The “Foot in the Door” for Caps:_ Minister de Lille has explicitly mentioned looking at international models like London and Paris, which cap short-term rentals at 90 days per year. - _Commercial Rates Reclassification:_ There is a move (already gaining steam in Cape Town) to reclassify STR properties as “commercial” rather than “residential,” which could see municipal rates bills increase by over 100%. - _Data Privacy and Sharing:_ The Code encourages platforms to share host and guest data with the government. This raises significant POPIA concerns and is seen by some as “surveillance” for tax enforcement. - _Safety Compliance Costs:_ Mandatory requirements for smoke detectors, fire escapes, and first-aid kits add an administrative and financial burden to “ mom-and-pop” hosts. [Tax and Levies](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1738150189952-44103674-e29d31d9-c3be5520-254364ed-5f07) The Code explicitly mentions compliance with tourism levies and VAT. Should small- scale home-sharers be subject to the same levies as commercial hotels? [Data Sharing](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1738150189975-5d0623dc-47dc31d9-c3be5520-254364ed-5f07) Platforms are encouraged to assist Government with host information and economic contributions. Does this raise privacy concerns, or is it necessary for regulation? [Enforcement of Bylaws](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1738150854013-bb98f5fb-7d0931d9-c3be5520-254364ed-5f07) The Code places the onus on hosts to ensure guests comply with “community-specific norms” and body corporate rules. Is this a fair transfer of responsibility? [Non-Binding Status](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1738151172108-10076802-4d0031d9-c3be5520-254364ed-5f07) Since the Code is currently “non-binding”, what weight will it actually carry in disputes between neighbours or with municipalities? ### _Questions and answers (for hosts)_ [Is this Code legally binding right now?](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1763554389233-fdb8fee6-6da45520-254364ed-5f07) Technically, no. It is currently a “non-binding” set of guidelines. However, the Department of Tourism has confirmed it is a precursor to a formal amendment of the Tourism Act. Once the Act is amended, many of these “guidelines” will likely become mandatory legal requirements. [Will I be limited to 90 days of rental per year?](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1763554389265-aa09206a-77665520-254364ed-5f07) The Minister has explicitly referenced the “90-day cap” model used in cities like London and Paris. While not in the current Code, the Department is using this public comment period to gauge the feasibility of introducing such limits in the upcoming legislative review. [Does the Code mean I have to pay commercial property rates?](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1763554389298-fbc55a3c-817c5520-254364ed-5f07) The Code encourages compliance with “land use and zoning” and “tax obligations.” Major municipalities are already using this gap to reclassify full-time short-term rentals as commercial businesses. Supporting the Code as-is may inadvertently validate these municipal moves to increase your rates. [What information is being shared with the government?](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1771840733358-e4b2d08e-b22664ed-5f07) The Code encourages platforms to assist the government with information relating to hosts and “economic contributions.” This suggests a future where your occupancy data and earnings are shared directly with state authorities for regulatory and tax enforcement. [How does this affect my guests?](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1771840767171-e194ee95-bf8264ed-5f07) Guests are now expected to comply with specific community norms and provide accurate identity data. While this improves safety, it also means guests may face stricter conduct rules and higher prices as hosts pass on the costs of compliance and commercial rates. [Why should I comment if it’s "just a guideline"?](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1774185762149-f6ad9f8e-d9e1) Government policy is built on the record of public input. If the majority of stakeholders do not object to these “non-binding” principles now, the Department will use that silence as a mandate to codify them into hard, enforceable law during the next phase of the Tourism Act review. ### _Questions and answers (for guests)_ [Will this make my South African holiday more expensive?](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1774185820984-bef223e1-0b3c) Likely, yes. While the Code is a guideline, it encourages hosts to comply with “ tax obligations” and “tourism levies”. Furthermore, if municipalities use the Code to charge hosts commercial rates, these costs will almost certainly be passed on to the guest through higher nightly fees. [What personal data will be shared with the government?](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1774185972510-f546ea92-c7b8) The Code specifically states that platforms should provide hosts with “guest contact and identity data” to enhance safety. It also encourages platforms to assist the government with information relating to the “economic contributions” of the sector. This raises questions about how much of your travel history and personal ID information will be stored in a state-accessible database. [Can I be evicted for noise or "bad behaviour"?](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1774185821030-02b081a2-4e21) The Code places a heavy burden on guests to “respect the cultural norms and values” of the community and avoid “nuisance or distress” to neighbors. Hosts are encouraged to take “reasonable steps” to ensure compliance. If a resident complains, the Code provides a framework that could make it much easier for a host to terminate a stay immediately. [Will there be fewer Airbnbs to choose from in the future?](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1774185821081-236b6b18-76f9) If the Code leads to “rental caps” (such as the 90-day limit mentioned by the Minister), many hosts may find it no longer viable to list their properties. For the guest, this means fewer options during peak seasons and higher demand for the remaining rooms. [Are my safety standards guaranteed?](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/#1774185821128-024e9bc2-7b6a) One benefit of the Code is that it “encourages” hosts to provide smoke detectors, fire safety info, and first-aid kits. As a guest, you would gain a higher level of “hotel-like” safety, though the “mom-and-pop” feel of many rentals may be replaced by a more corporate, regulated environment. The draft Code of Good Practise ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/03/22153609/54320-13-3-Tourism-guidelines.pdf) [Download [490.26 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/03/22153609/54320-13-3-Tourism-guidelines.pdf) The Government notice ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/03/22153433/54320-13-3-Tourism-gov-notice.pdf) [Download [165.46 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/03/22153433/54320-13-3-Tourism-gov-notice.pdf) ### _In the News_ - News24 — [Airbnb-style industry rattled by govt’s latest proposal for tighter rules](https://www.news24.com/southafrica/news/airbnb-style-industry-rattled-by-govts-latest-proposal-for-tighter-rules-20260317-0884) - EWN — [Changes to short-term rentals like Airbnb are coming, have your say](https://www.ewn.co.za/2026/03/17/changes-to-short-term-rentals-eg-airbnb-are-coming-so-have-your-say) - IOL — [‘Almost R12k a month’: Western Cape tenants face South Africa’s highest average rent](https://iol.co.za/news/2026-03-22-almost-r12k-a-month-western-cape-tenants-face-south-africas-highest-average-rent/) - GOOD — [AUNTY PAT’S BNB REGULATIONS: GOOD START TO ADDRESSING HOUSING UNAFFORDABILITY](https://forgood.org.za/aunty-pats-bnb-regulations-good-start-to-addressing-housing-unaffordability/) - HTXT — [SA’s new Airbnb rules basically ask you to be a decent human being](https://htxt.co.za/2026/03/sas-new-airbnb-rules-basically-ask-you-to-be-a-decent-human-being/) - Tourism Update — [De Lille calls for comment on short-term rental industry](https://www.tourismupdate.com/article/de-lille-calls-for-comment-on-short-term-rental-industry) - Citizen — [We need more Airbnb-style short rentals in townships and rural areas – MPs](https://www.citizen.co.za/news/we-need-more-airbnb-style-short-rentals-in-townships-and-rural-areas-mps/) - News24 — [Government eyes tighter rules for Airbnb-style rentals](https://www.news24.com/southafrica/news/government-eyes-tighter-rules-for-airbnb-style-rentals-20260316-0664) - IOL — [De Lille proposes code of conduct for Airbnb and short-term rentals](https://iol.co.za/business-report/2026-03-16-de-lille-proposes-code-of-conduct-for-airbnb-and-short-term-rentals/) **CapeTalk.** Africa Melane talks to Miguel Martins of SASTRA about the Department of Tourism’s draft Code of Good Practice for short-term rentals, exploring the implications for small hosts, tourism, and housing supply, and the need for fair, balanced regulation. **Newzroom Afrika.** Tourism Minister Patricia de Lille is calling on Airbnb and short rental owners to be fair and behave in an ethical manner. De Lille says they have received complaints regarding the behaviour of Airbnb owners and guests not adhering to the codes of rental associations. ### _Statements and media releases_ Click on a logo to view. Want to display your organisation’s statement? [Click here. ](https://dearsouthafrica.co.za/code-of-good-practice-for-short-term-rentals/summary/ cannabis@dearsouthafrica.co.za?subject=org info for Cannabis regulations info page) Close ### Cape Independence Party **CAPEXIT Party strongly opposes the Business Licensing Bill in its entirety on all points:** **Preferential licensing** The Bill explicitly empowers the Minister to grant licences on a “preferential” basis and to impose conditions that advance “historically disadvantaged individuals” or other designated groups. This is nothing less than state-sanctioned racial and ideological discrimination dressed up as transformation policy. CAPEXIT rejects the notion that the state has any legitimate role in deciding which racial or social group may or may not operate a business. Such preferential licensing will: - Reintroduce apartheid-era economic controls under a new ideological banner; - Create a cronyist system where access to markets is determined by political connections and demographic criteria rather than merit, innovation or consumer demand; - Discourage both domestic and foreign investment, as investors will rightly fear that their businesses can be denied licences or subjected to arbitrary conditions on racial or political grounds. No free society licenses businesses on the basis of the owner’s skin colour or historical narrative. This clause alone renders the entire Bill unconstitutional and morally indefensible. **Principles of business licensing** The Bill fails to articulate any coherent, objective, or proportionate principle for requiring a general business licence in the first place. Instead, it presumes that every enterprise – from a street vendor to a multinational corporation – must seek prior permission from the state simply to exist and trade. This reverses the fundamental principle of a free economy: citizens should be free to engage in lawful economic activity without state permission unless there is a clear, evidence-based justification (e.g. public health, safety or environmental protection). The Bill provides no such justification. It is a blanket assault on economic freedom, reminiscent of the licence-permit raj that crippled India’s economy for decades. Requiring a general “business licence” in addition to existing sector-specific permits( liquor, health, zoning, etc.) serves no legitimate public purpose – only the purpose of expanding state control and creating new opportunities for rent-seeking and corruption. **Powers of inspectors** The Bill grants inspectors extraordinarily broad and invasive powers, including warrantless entry into private premises, seizure of documents and goods, and the ability to close businesses on the spot. These powers are ripe for abuse and will be weaponised against political opponents, non-compliant businesses, and any entrepreneur who refuses to pay bribes. In a country already plagued by corruption scandals, handing unelected officials the power to enter and shut down businesses without judicial oversight is an open invitation to extortion. Small businesses, spaza shops, and informal traders – many of them immigrant-owned – will be particularly vulnerable to harassment and shakedowns. Far from promoting transformation, this will simply create a new class of “licence inspectors” who enrich themselves at the expense of the poor. **More red tape** South Africa already ranks poorly on the World Bank’s Ease of Doing Business index, largely because of regulatory overreach. This Bill adds yet another layer of costly, time-consuming bureaucracy on top of SARS registration, municipal permits, B-BBEE compliance, UIF, COIDA, sector SETA requirements, and dozens of other licences. The compliance costs – application fees, mandatory consultations, endless paperwork, and the risk of arbitrary refusal – will crush startups and force thousands of small businesses to close or remain informal. Jobs will be lost, investment will flee, and the tax base will shrink. The Western Cape, which has consistently outperformed the rest of South Africa precisely because of lighter and more efficient regulation, will see its competitive advantage deliberately sabotaged by Pretoria. **Conclusion** The Business Licensing Bill is not reform – it is economic sabotage. It centralises power in the hands of an already overreaching and underperforming national government, reintroduces racial criteria into commerce, and erects new barriers to entrepreneurship at a time when South Africa desperately needs growth and jobs. CAPEXIT calls for the complete withdrawal of this Bill. The people of the Western Cape, and indeed all South Africans who believe in freedom, will not accept a return to a permit-based economy controlled by bureaucrats and political gatekeepers. For a free, prosperous, and non-racial future, this Bill must be rejected in its entirety.