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Botswana

Self-catering Accommodations Laws in Botswana

Self-catering Accommodations Laws in Botswana

Botswana

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Introduction

Introduction to Self-catering Accommodations in Botswana

Waking up to the tranquil sounds of nature in the heart of the Okavango Delta, savoring panoramic views of the lush wetlands right from your private deck. Or picture settling in a cozy home near Chobe National Park, just moments away from some of Africa’s most renowned wildlife encounters. These magical experiences are no longer limited to large hotels or safari lodges—thanks to the rise of holiday rentals in Botswana, travelers can experience the country’s wonders in unique, personal ways. Holiday rentals, also commonly listed on platforms like Airbnb, Booking.com, and local property portals, have grown increasingly popular in Botswana. This growth reflects a broader trend: as more travelers seek authentic, home-like experiences, owners have discovered a new avenue for supplemental income. The Botswana Unified Revenue Service (BURS) has noted a modest increase in tax revenue tied to these rentals, signaling the government’s recognition of this growing sector’s economic potential. But it’s not all smooth sailing. Recent discussions around licensing under the Tourism Act and compliance with local bylaws show that the short-term rental market is evolving. Hosts in urban hubs like Gaborone and Francistown are balancing business opportunities with regulatory obligations, while owners near iconic safari destinations face additional environmental guidelines. Whether you’re a prospective host eager to share Botswana’s charm or a traveler hunting for an off-the-beaten-path retreat, understanding the short-term rental regulations is crucial for a hassle-free experience. Join us as we explore the ins and outs of hosting—Botswana style!

Overview

Waking up to the tranquil sounds of nature in the heart of the Okavango Delta, savoring panoramic views of the lush wetlands right from your private deck. Or picture settling in a cozy home near Chobe National Park, just moments away from some of Africa’s most renowned wildlife encounters. These magical experiences are no longer limited to large hotels or safari lodges—thanks to the rise of holiday rentals in Botswana, travelers can experience the country’s wonders in unique, personal ways. Holiday rentals, also commonly listed on platforms like Airbnb, Booking.com, and local property portals, have grown increasingly popular in Botswana. This growth reflects a broader trend: as more travelers seek authentic, home-like experiences, owners have discovered a new avenue for supplemental income. The Botswana Unified Revenue Service (BURS) has noted a modest increase in tax revenue tied to these rentals, signaling the government’s recognition of this growing sector’s economic potential. But it’s not all smooth sailing. Recent discussions around licensing under the Tourism Act and compliance with local bylaws show that the short-term rental market is evolving. Hosts in urban hubs like Gaborone and Francistown are balancing business opportunities with regulatory obligations, while owners near iconic safari destinations face additional environmental guidelines. Whether you’re a prospective host eager to share Botswana’s charm or a traveler hunting for an off-the-beaten-path retreat, understanding the short-term rental regulations is crucial for a hassle-free experience. Join us as we explore the ins and outs of hosting—Botswana style!

Property

Overview

There is no dedicated national association for short-term rentals in Botswana. However, property owners and STR hosts may join broader groups such as the Hospitality and Tourism Association of Botswana (HATAB) or local business chambers to network and receive industry updates.

Property

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short term rentals

What is Self-catering Accommodations in Botswana?

What are short Term Rentals in the Country?

In Botswana, English is an official language, so “short-term rentals” are commonly referred to simply as “short-term rentals,” “holiday rentals,” or “vacation rentals.” While there is no widely used local Setswana term specifically for STRs, they may be informally referred to as “bolulo jwa nakwana” (literally, “temporary accommodation”) in certain contexts.
Short-term rentals generally refer to furnished residential accommodations (e.g., a room, apartment, or entire house) that are rented for a period of less than six months. Because Botswana does not have a dedicated legislative definition for STRs at the national level, most rules fall under broader tourism, business licensing, or property laws.

Is Subletting Legal?

Is Subletting Legal in Botswana?

Subletting in Botswana is subject to the Landlord-Tenant agreement and local property laws. There is no explicit prohibition on subletting for short-term rentals at a national level. However, if an individual is a tenant, they must obtain written consent from their landlord before listing the property for short-term stays. Failure to do so may lead to breach of contract under tenancy agreements.

National Association for STR Owners

What is the maximum length of stay in Botswana?

What is the maximum length of stay?

There is no nationally mandated maximum length of stay for short-term rentals in Botswana. Properties listed on major platforms, like Airbnb, typically follow the hosts’ own policies regarding stay duration. However, if a stay exceeds certain timeframes (e.g., 3–6 months), it may be considered a standard tenancy rather than a short-term rental, thus falling under standard landlord-tenant regulations.

Is there any National Registration Requirement or Permit?

In Botswana, leases for property can be formally registered at the Deeds office. This registration grants legal recognition of a lessee’s right to use a property, whether the lessee is a private individual (citizen or non-citizen) or a corporate entity.

Eligibility
- Any person or organization (referred to as the lessee) given the right to use the property by its owner can register the lease.
Process
- The application must be submitted in person at the Deeds office.
- Required documents typically include two copies of the lease agreement, two copies of a sketched plan of the property, two approved property diagrams, and two A3-size manila folders to hold all documents.
Additional Documents
- For Individuals (Citizens): Valid Omang (national ID).
- For Individuals (Non-Citizens): Valid passport, Minister’s consent, an affidavit of birth, and a filled Annexure A form from the Land Board.
- For Juristic Persons (e.g., Corporations): Certificate of shareholding, corporate resolution authorizing lease registration, Omang for all shareholders, affidavit of shareholding, certificate of incorporation, and memorandum and articles of association.
Duration & Fees
- If all documents are correct, registration typically takes about one working day.
- No fees are charged for this service.

This registration process ensures legal clarity for short-term or long-term usage rights of a property, fitting into the broader framework of Botswana’s real estate and tourism regulations.

Is there a need for Permission from Landlord/Local Council/Neighbors?

- Landlord Permission: If you are a tenant, you must obtain written permission from your landlord before operating an STR.

Local Council: Some urban or district councils in Botswana may require a small business permit or local health and safety inspection, particularly for guesthouse-like operations.
Neighbors: While there is no formal legal requirement to obtain neighbors’ permission, it is advisable to maintain good relations and minimize noise/nuisance complaints.

Is Short-term rental Income taxable?

Under Botswana’s Income Tax Act, the letting and leasing of property (including land, buildings, or other real estate) is treated as a business activity. This means that all forms of payment from a tenancy arrangement such as rent, premiums, or the value of required improvements are considered taxable income for the property owner.
When calculating taxable rental income, allowable deductions typically include costs like mortgage interest, property rates, and repairs. However, capital expenditures such as the cost of major improvements or the principal portion of mortgage payments are not deductible. Property owners must report rental income annually along with their other sources of income and file a tax return declaring this income to the Commissioner General.

Is there any National Tourism Fund or Tourist Tax?

Botswana charges a Tourism Development Levy (TDL) of USD 30 for international visitors (paid upon arrival). However, hosts are not directly responsible for collecting this levy. It is handled at ports of entry and used to fund national tourism development initiatives.

Is there any Guest Registration and Reporting Requirement?

Botswana does not have a strict, centralized requirement for hosts to register and report guest information to local police or immigration, provided guests have entered the country legally. Traditional hospitality providers (hotels, lodges) often collect passport details for their own records, but short-term rental hosts are not explicitly mandated to do so at a national level. Nonetheless, maintaining a guest register can be useful for security and tax documentation.

Is there any National Health and Safety Requirements?

Botswana’s Public Health Act and local council bylaws set out general health and safety standards (e.g., fire safety, sanitation). STR hosts are encouraged to ensure basic amenities and safety measures (fire extinguishers, first-aid kits, etc.). While there is no separate STR-specific requirement, tourism license applicants undergo health and safety inspections.

Is there any Platform Accountability Requirement?

As of now, online platforms such as Airbnb or Booking.com are not legally required to ensure each listing fully complies with Botswana’s national laws. Compliance rests primarily with the property owner or host. However, platforms may remove listings if they receive legitimate complaints or if the host is proven non-compliant with local laws.

Is there any Anti-Discrimination Law?

Botswana’s Constitution and general anti-discrimination principles apply. Hosts cannot unlawfully discriminate based on race, gender, religion, or other protected statuses. Though there is no STR-specific law, general laws against discrimination apply to all service providers.

Is there any Data Sharing Requirements?

There is no specific national law mandating short-term rental platforms to share host or guest data with the government. However, platforms must comply with broader data protection laws (e.g., Data Protection Act of Botswana, 2018) if they store personal information of citizens.

Is there any National Insurance Requirement?

Botswana does not mandate a specific liability insurance policy for short-term rental properties. However, it is highly recommended to obtain public liability insurance or ensure coverage under a broader homeowner’s policy, especially if hosting international guests.

Is there any National Zoning law/Cultural Heritage law?

- Zoning: Most municipalities rely on local zoning bylaws that differentiate residential, commercial, and mixed-use areas. STRs operating in purely residential zones may need special permission if they function similarly to a guesthouse.

Cultural Heritage: Properties located in or near culturally protected sites (e.g., around Tsodilo Hills, a UNESCO World Heritage Site) may need approval from the Department of National Museum & Monuments before operating as tourist accommodations.

Is there any Environmental Regulations that affects STR?

Botswana emphasizes environmental protection, particularly near wildlife reserves and protected areas. For STRs in such areas, hosts may require:

Environmental Impact Assessment (EIA) for large-scale developments.
Wildlife Conservation Approvals if near national parks.

Is there any National Tenant Protection Law?

Botswana’s Rent Control Act (where applicable) and general landlord-tenant laws protect long-term tenants from unjust eviction. However, this typically applies to standard, longer-term leases (exceeding 6 months). Short-term rental guests generally do not have the same tenant protections.

Is there any Reporting Requirements for Foreigners?

Foreign guests legally entering Botswana already comply with immigration requirements at the border. Hosts are not obliged to submit additional reports on foreign visitors unless specifically requested by local authorities. Maintaining a guest log can be prudent for internal record-keeping.

Is there any Digital Platform Regulation Compliance?

Botswana does not specifically obligate platforms (like Airbnb, Booking.com) to verify hosts’ regulatory compliance. Nonetheless, any platform operating in the country must comply with Botswana’s e-commerce and data protection laws at a basic level.

Is there any Consumer Protection Law that affect STR?

General consumer protection in Botswana is enforced through the Consumer Protection Act and the Competition and Consumer Authority. While there is no STR-specific regulation, hosts must adhere to fair business practices, accurate property descriptions, and transparent pricing to avoid penalties.

Is there any Law that applies to Non-resident Owners?

- Regulation Overview: Non-resident owners must comply with Botswana’s property ownership laws, possibly requiring approval from the Land Board if the property is on tribal land, or following standard freehold rules in urban areas.

Penalties for Non-Compliance: Failing to register rental income, or not adhering to local licensing if it qualifies as a tourism enterprise, can result in fines or legal actions.

Is there any classification of STR in the country?

Currently, Botswana does not have a distinct national classification system specifically tailored to short-term rentals. Accommodations are instead recognized under broader categories such as hotels, guesthouses, bed-and-breakfasts, and self-catering facilities. Any short-term rental operation that offers lodging to tourists may be categorized as a “tourism enterprise” under the Tourism Act, 2018 if it meets certain thresholds (e.g., providing hospitality services beyond a simple rental).

Are there Special National Event Regulations?

Botswana does not typically impose unique short-term rental rules during national events (like Independence Day or cultural festivals). However, local authorities may issue noise restrictions or crowd-control measures if a large event is expected. This is handled case-by-case by city or district councils.

Is there any Penalty for Violating National Rules?

Operating a short-term rental without necessary licenses or failing to comply with tax and safety regulations can result in:

Fines or penalties as outlined under the Tourism Act.
Closure of the establishment until compliance is achieved.
Potential legal action for non-payment of taxes or breach of local laws.

The specific penalties vary depending on the severity and whether the operator is a repeat offender.

Are there National Rules or Regulations Governing Short-Term Rentals in Botswana?

Are there National Rules or Regulations Governing Short-Term Rentals in the Country?

Is there any National Tax that affects short-term rental?

permits, license

Are there any Permits, Licenses, or Registrations for Self-catering Accommodations in Botswana?

Are there any Permits, Licenses, or Registrations for Short-term Rentals in the Country?

In Botswana, leases for property can be formally registered at the Deeds office. This registration grants legal recognition of a lessee’s right to use a property, whether the lessee is a private individual (citizen or non-citizen) or a corporate entity.

Eligibility
- Any person or organization (referred to as the lessee) given the right to use the property by its owner can register the lease.
Process
- The application must be submitted in person at the Deeds office.
- Required documents typically include two copies of the lease agreement, two copies of a sketched plan of the property, two approved property diagrams, and two A3-size manila folders to hold all documents.
Additional Documents
- For Individuals (Citizens): Valid Omang (national ID).
- For Individuals (Non-Citizens): Valid passport, Minister’s consent, an affidavit of birth, and a filled Annexure A form from the Land Board.
- For Juristic Persons (e.g., Corporations): Certificate of shareholding, corporate resolution authorizing lease registration, Omang for all shareholders, affidavit of shareholding, certificate of incorporation, and memorandum and articles of association.
Duration & Fees
- If all documents are correct, registration typically takes about one working day.
- No fees are charged for this service.

This registration process ensures legal clarity for short-term or long-term usage rights of a property, fitting into the broader framework of Botswana’s real estate and tourism regulations.

Is there any National Association for Self-catering Accommodations owners in Botswana?

Is there any National Association for STR owners in the Country?

There is no dedicated national association for short-term rentals in Botswana. However, property owners and STR hosts may join broader groups such as the Hospitality and Tourism Association of Botswana (HATAB) or local business chambers to network and receive industry updates.

National Association for STR Owners

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Disclaimer

Lodge compliance is not a licensed tax or financial advisor. Therefore nothing in the above article should be construed as tax, legal, or financial advice. Contact your local tax office for information regarding your personal circumstance.

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