The Tourism Act requires that all establishments offering short-term accommodation for reward must be registered with the South African Tourism Grading Council. Access the procedue for the registration here and the registration procedure below;

To register your accommodation establishment with the Tourism Grading Council of South Africa (TGCSA), you must first ensure that your property meets all basic legal and safety requirements, including municipal approval, correct zoning, public liability insurance, and valid health and fire safety certificates. Once these are in place, you should identify the correct accommodation category for your property (such as hotel, guest house, or self-catering) and complete the online application on the TGCSA website under “Get Graded.”

As part of your application, you’ll need to upload supporting documents such as your tax clearance certificate, business registration documents, B-BBEE affidavit (if applicable), and proof of compliance with local authority regulations. After submitting your documents, you’ll be required to pay the necessary assessment and membership fees, although many small businesses or individual hosts can apply for financial support through the Tourism Grading Support Programme, which helps cover grading costs.

Once payment and documentation are complete, the TGCSA will assign an accredited assessor to your property. The assessor will conduct an on-site inspection to evaluate your accommodation against TGCSA’s national grading standards and will recommend a star rating from one to five stars. The final decision is made by the TGCSA Approvals Committee, and once approved, you will receive an official grading certificate and star plaque to display at your establishment.

Your property will then be added to the TGCSA’s official online directory of graded establishments, confirming it as a quality-assured accommodation provider in South Africa. The grading is valid for one year and must be renewed annually, which may include another inspection and updated fee payment.

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For further assitance or guide, please contact the lodge compliance team.

Yes, operating a short-term rental may require various permissions:

• Landlord Approval: Tenants must obtain written consent from their landlords before listing a rented property as an STR.
• Local Council Permissions: Depending on local bylaws, hosts may need to register the property with the municipality or obtain a business license.

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Yes, income derived from short-term rentals is subject to taxation in South Africa:

• Income Tax: Rental income must be declared on the host's annual income tax return filed with the South African Revenue Service (SARS).
• Value-Added Tax (VAT): Hosts must register for VAT if their annual turnover exceeds R50,000 charging 15% VAT on rental fees.

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Yes, in South Africa, hosts are encouraged to contribute to national tourism initiatives through the Tourism Marketing Levy South Africa (TOMSA). This is a voluntary 1% levy collected from guests, which goes towards funding the marketing efforts of South African Tourism, the national tourism board. While not mandatory, participating in TOMSA supports the growth of the tourism industry by enhancing South Africa's global marketing campaigns.

Under Section 40(1) of the Immigration Act 13 of 2002 (amended as of 26 May 2014) and Regulation 36, properties where lodging or sleeping accommodation is provided for payment must keep a register of lodgers. The register must include details like the guest’s full name, ID or passport copy, residence status, address, and signature. Although STR hosts are not required to register their guests or report them to an authority, they are mandated to keep a register of their guests.

Yes, hosts must adhere to national health and safety standards to ensure the well-being of guests:

• Occupational Health and Safety Act No. 85 of 1993:
  • Safety Measures: Ensure the property is free from hazards, with functioning smoke detectors, fire extinguishers, and clear emergency exits.
  • Maintenance: Regularly inspect and maintain electrical installations, gas appliances, and structural elements.
• National Building Regulations and Building Standards Act No. 103 of 1977: Properties must meet building codes concerning structural integrity, sanitation, and accessibility.

• Health Regulations: Maintain high standards of hygiene and cleanliness throughout the property.

• Tourism Grading Council: The council confirms that each class of accommodation complies with the national health and safety requirement for the classification before grading and approval.
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By meeting these requirements, hosts provide a safe environment, enhancing guest satisfaction and reputation.

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There is no specific national legislation in South Africa that holds online platforms directly accountable for ensuring that all listings comply with local laws.

Yes, South Africa has robust anti-discrimination laws to protect individuals from unfair treatment. Key legislations include:

• The Constitution of the Republic of South Africa: Guarantees equality and prohibits discrimination based on race, gender, sex, pregnancy, marital status, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth.
• The Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) of 2000: Prohibits unfair discrimination by the government and private organizations, including accommodation providers.

Hosts must ensure they:

• Provide Equal Service: Offer accommodations without discriminating against potential guests based on the protected grounds.
• Adhere to Platform Policies: Comply with non-discrimination policies set by platforms like Airbnb, which align with national laws.

Violations can result in legal consequences and removal from hosting platforms.

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Currently, there is no nationwide mandate requiring short-term rental platforms to share host or guest data with national government authorities in South Africa. However, under the Protection of Personal Information Act (POPIA), personal data must be handled responsibly, and sharing without consent is restricted.

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There is no specific national law mandating that hosts must have liability insurance for short-term rental properties. However, it is strongly recommended that hosts:

• Obtain Appropriate Insurance: Secure a comprehensive insurance policy that covers property damage, liability, and guest injuries.
• Review Existing Policies: Ensure that their homeowner's or landlord's insurance policy covers short-term rentals, as some policies may exclude commercial activities.

Having proper insurance protects hosts from potential financial losses arising from accidents, damages, or legal claims.

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Yes, South Africa has zoning laws and cultural heritage regulations that can impact short-term rentals:

• Municipal Zoning Laws: Local municipalities have zoning schemes determining how properties can be used. Operating an STR in a zone not designated for commercial or hospitality use may require:
  • Rezoning Application: Hosts might need to apply for a change in zoning or obtain consent for temporary departure.
• National Heritage Resources Act No. 25 of 1999:
  • Protection of Heritage Sites: Properties declared as national monuments or located in heritage areas are subject to restrictions.
  • Alterations and Usage: Any changes to the property or its use may require approval from the South African Heritage Resources Agency (SAHRA).

Hosts should consult local authorities to ensure compliance with zoning and heritage regulations before listing their properties.

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While there are no specific environmental regulations exclusively for short-term rentals, hosts are encouraged to operate sustainably:

• National Environmental Management Act No. 107 of 1998:
  • Environmental Responsibility: Encourages sustainable practices to protect the environment.
  • Waste Management: Proper disposal of waste and recycling where facilities exist.
• Energy Efficiency:
  • Resource Conservation: Use energy-efficient appliances, LED lighting, and water-saving fixtures.
  • Renewable Energy: Incorporate solar panels or other renewable energy sources if feasible.

By adopting eco-friendly practices, hosts contribute to environmental conservation and appeal to environmentally conscious travelers.

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Yes, South Africa has laws protecting long-term tenants:

The Rental Housing Act of 1999 , along with its amendments and regulations, serves as the cornerstone of rental laws in South Africa. This legislation establishes the framework for rental agreements, covering various aspects such as lease termination, tenant rights, and dispute resolution. It’s essential for both tenants and landlords to familiarize themselves with the provisions of this act to ensure compliance and fair treatment.

No, there is no reporting requirement for tourist accommodations in South Africa, but tourist acommodations must maintain a guest register in order to comply with the national law.

There is no specific national legislation in South Africa requiring digital platforms to verify compliance with national regulations before listing properties.

Yes, the Consumer Protection Act No. 68 of 2008 (CPA) applies to short-term rentals:

• Fair Contract Terms: Agreements must be clear, fair, and not contain unfair terms that disadvantage the consumer.
• Disclosure Requirements: Hosts must provide accurate information about the property, including amenities, location, and any restrictions.
• Right to Safety: Guests have the right to safe accommodations free from hazardous conditions.

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Non-resident property owners are subject to South African laws when operating short-term rentals:

• Tax Obligations:
  • Withholding Tax: Non-residents may be subject to withholding tax on rental income.
  • Double Taxation Agreements (DTAs): South Africa has DTAs with various countries to prevent double taxation. Non-resident owners should consult tax professionals to understand their obligations.
• Exchange Control Regulations:
  • Repatriation of Funds: Profits transferred out of South Africa must comply with exchange control rules governed by the South African Reserve Bank (SARB).
• Compliance with Local Laws:
  • Same Regulations Apply: Non-resident owners must adhere to the same property, zoning, and rental regulations as residents.
  • Appointing a Local Representative: It may be advisable to have a local agent or representative to manage compliance and operational matters.

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Yes, South Africa classifies short-term rentals based on the type of accommodation and services offered. The Tourism Grading Council of South Africa grades temporary accommodations into different categories. The categories that fits into the short term rental description include;

‍Guest Accommodation

These are privately owned establishments that provide personalized lodging and breakfast or meals, often within the owner’s home or property.

• Bed & Breakfast (B&B): Owner-occupied home offering private guest rooms and breakfast.
  
• Country House: A luxury rural property offering accommodation and meals, typically for leisure travelers.
  
• Guest House: A larger property offering multiple guest rooms, often with communal areas and optional meals.
  

‍Self Catering Accommodation

These properties provide independent living facilities, including a kitchen, for guests to prepare their own meals.

• Exclusive Use: A full property rented to one group or guest at a time (e.g., an entire apartment, villa, or home).
  
• Shared Use: Guests rent a room or portion of a property but share some facilities (e.g., kitchen or lounge) with the owner or other guests.

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There are no nationwide special regulations specifically for short-term rentals during national events or holidays in South Africa. However, local municipalities may implement temporary measures during major events like the Cape Town International Jazz Festival or Durban July, Cities may adjust parking rules and restrict certain areas to manage crowd flow. It is advisable for hosts to also implement stricter ID verification to enhance safety.

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Yes, the penalties for violating national laws are highlighted below;

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