Short-term letting through platforms like Airbnb, Booking.com and LekkeSlaap has grown quickly in South Africa, and sectional title units are popular for it. Before listing your unit, you need to know what your scheme allows. Getting it wrong can lead to fines, disputes and even court action.
Is it legal?
There is no single national law banning or licensing Airbnb-style letting. Instead, the rules come from several levels: national legislation, your municipality and, most importantly for owners, your scheme's own rules. "Short-term rental" is not formally defined in South African legislation, and the Sectional Titles Schemes Management Act (STSMA) does not say whether schemes must allow short-term letting or how long a minimum stay must be. That decision is left to each scheme.
Your conduct rules come first
Every sectional title scheme must have conduct rules, and they bind owners, tenants and any other occupiers, including short-stay guests. Some schemes allow short-term letting freely, some restrict it (for example, by setting a minimum stay) and some prohibit it altogether.
Courts have upheld restrictions that were reasonable and properly adopted. In one recent matter, a body corporate had to approach the High Court for an interdict to stop owners from letting for stays shorter than the rules allowed, and the court granted the order. If your conduct rules restrict short-term letting, expect those restrictions to be enforced.
Owners remain responsible
Under the prescribed management rules, you must notify the body corporate when you let your unit. You must also make sure your tenants or guests receive and follow the conduct rules, and you are responsible for their behaviour. If the rules provide for fines, the owner pays them, whether the offender was a guest or a long-term tenant.
Complaints typically involve noise, parking, damage to common property and security, particularly around access devices and visitors. Most hosts and guests behave well, but a few bad experiences are usually what prompt a scheme to tighten its rules.
Can the rules be changed?
Yes, but properly. Conduct rules can only be created or amended by special resolution, which requires a 75% majority, either at a Special general meeting or by written agreement. A rule introduced without following the correct process may not hold up if challenged. Owners who want to let short-term, and owners who want to restrict it, should both take part in the process.
Other things to consider
Municipal requirements. Local authorities set zoning and land-use rules, so check what applies to your area. The City of Cape Town has signalled changes in its draft 2026/27 rates policy, under which properties used mainly for short-term letting could be reclassified and charged commercial rates. Check the final, adopted policy to see what applies to you.
National guidance. In March 2026, the Minister of Tourism published a Code of Good Practice for Short-Term Rentals for public comment. It is intended to cover hosts, guests and platforms, and it points back to local authority and body corporate rules.
Tax. Rental income, including short-term rental income, must be declared to SARS.
Insurance. Check with your insurer that your cover applies to short-term letting, as some policies exclude it or require extra cover.
Practical steps for owners
1. Read your scheme's conduct rules before listing your unit.
2. Notify the managing agent or trustees that you intend to let.
3. Give guests a short summary of the key rules, such as noise, parking and refuse.
4. Keep your guests' contact details so issues can be dealt with quickly.
5. Confirm municipal and insurance requirements.
This article is general information and not legal advice.
