The standards framework

Community impact and neighbour protection

House rules

• LawMaximum occupancy set and enforced, matching what the listing advertisesDraft Code cl.8(e); every municipal scheme ties occupancy to the approved use
• StandardParty and event prohibition stated in the house rules
• StandardIndustry occupancy norm of two per bedroom plus two
• Draft codeGuests informed of by-laws, body corporate rules and community norms — noise, refuse, parking, communal areasDraft Code cl.5(a)
• Draft codeReasonable steps taken to ensure visitors of guests comply with the same rulesDraft Code cl.5(b)

Contactability

• LawA designated responsible person appointed, named and reachableRequired by the Code and by several municipal by-laws; the person is who a council contacts
• StandardLocal contact reachable 24/7 and able to attend within 30 minutes
• StandardComplaint acknowledged within 1 hour, resolved within 4

Nuisance control

• StandardNoise-monitoring device with early-warning alerts — decibel only, non-recordingRecording would engage POPIA
• StandardWaste and bin management plan, with municipal refuse arrangement
• StandardSound-insulation disclosure for attached or sectional-title buildings

Life safety

Fire and gas

• LawSmoke detectors in every bedroom and hall, tested monthlySANS 10400-T; also urged by draft Code cl.8(a)
• LawFire extinguisher and fire blanket in the kitchen — Class F/ABC, minimum 4.5 kg per floorSANS 10400-T; annual service by a SAQCC-registered technician, plus a 5-year hydrostatic test under SANS 1475 / SANS 10105
• LawEmergency evacuation plan displayed at the entry doorSANS 10400-T; draft Code cl.8(b)
• LawEscape route signage, and lighting if multi-storeySANS 10400-T
• LawCurrent Electrical Certificate of ComplianceSANS 10142, by a wireman-licensed electrician. Validity is disputed — treat as life-of-installation, refreshed on any material alteration
• LawGas Certificate of Conformity wherever an LP gas appliance is presentSANS 10087-1:2024, SAQCC Gas / LPGSA installer. Mandatory since 1 October 2009
• StandardCarbon monoxide detector wherever gas is used, tested monthlyRecommended best practice; not currently mandatory
• StandardWorking torch and emergency numbers visible to guests

Medical readiness

• LawStocked first aid kit, checked between stays, contents in dateDraft Code cl.8(c) urges it; OHSA requires it wherever staff are employed
• StandardNearest hospital and pharmacy in the welcome pack
• StandardAED for properties sleeping 10 or more
• StandardAllergen and cleaning-product safety sheet available on request
• Draft codeEmergency contact information for health, fire, security and essential servicesDraft Code cl.5(o)

Child safety — where the property is marketed as family-friendly

• StandardCot meeting the SANS baby-safety standard, clean mattress, fitted sheet, no drop-side
• StandardSocket covers throughout, at toddler height
• StandardStair gates top and bottom; corner protectors on sharp edges
• StandardKettle and iron cords positioned out of reach; blind cords secured or cordless
• StandardChemicals locked away — dishwasher tabs, bleach, cleaning products
• StandardBath non-slip mat; fireplace guard where a working fire is present

Pool safety

• LawCompliant barrier — minimum 1.2 m, gaps no wider than 100 mm, non-climbable, sunk at least 50 cm, self-closing self-latching gate with the latch at least 1.5 m upSANS 10134:2016, read with SANS 10400 Part D
• LawNet or solid cover for any pool holding more than 30 cm of water, blocking objects over 100 mm and bearing 125–225 kgSANS 10134:2016
• StandardLegible depth markings and slippery-surface warnings; no glass on the pool deck
• StandardLife ring or reaching pole visible poolside; drowning emergency poster displayed
• StandardNo unsupervised under-18s stated in the house rules

Guest safety and fairness

At booking

• LawGuest identity captured — passport or IDImmigration Act §40(1) and Regulation 36 make the register itself compulsory — see Pillar G
• LawTerms and conditions that comply with the Consumer Protection Act, in plain languageCPA 68 of 2008 §17. A blanket no-refunds policy is unenforceable
• StandardInsurance position disclosed — what is covered and what is excluded
• Draft codeHouse rules visible before booking and again at check-inDraft Code cl.5(a)

During and after

• LawNo discrimination in guest selectionConstitution and the Promotion of Equality and Prevention of Unfair Discrimination Act
• StandardA complaint channel that does not run only through the host
• Draft codeAccommodation provided consistent with how it was marketedDraft Code cl.5(g)
• Draft codeClear communication on check-in and check-outDraft Code cl.5(h)
• Draft codeGuests treated with integrity and fairnessDraft Code cl.5(j), referencing the CPA

Registration and transparency

Registration

• LawMunicipal registration where the local by-law already requires itIn force in eThekwini — a 4-year Accommodation Establishment Certificate, displayed at reception. Richards Bay requires six or more separate registrations
• StandardChange of owner or manager notified
• StandardEntry on a public register of registered properties
• Draft codeUnique registration number per property, displayed on every platform listingProposed in the Cape Town Short-Term Letting By-Law; not gazetted

Building, zoning and consent

Land use

• LawZoning appropriate to the use, or a consent use securedMunicipal planning scheme. There is no national position — Cape Town treats short-term letting as residential use; Johannesburg treats it as consent use; several municipalities set limits by room count or by parking ratio
• LawTitle deed restrictive conditions searchedDeeds Registries Act 47 of 1937. Older residential title deeds often prohibit commercial use even where zoning would allow it
• LawApproved building plans, with no unapproved additionsNational Building Regulations Act 103 of 1977
• LawOccupancy certificate heldNBR Act §14

Scheme and lender consent

• LawBody corporate or HOA consent obtained, in writingSectional Title Schemes Management Act 8 of 2011. A body corporate cannot ban short-term letting outright but can restrict it via conduct rules and penalise nuisance
• LawBond holder notified of the change of useContractual under the home-loan agreement rather than statutory — but cover can lapse and the bond can be called up
• StandardBody corporate insurance extension confirmed

Financial and tax compliance

Entity

• LawCompany or sole proprietor registeredCIPC
• LawBeneficial Ownership filedCIPC — within 10 business days of incorporation. Hard stop on annual returns since 1 July 2024
• LawAnnual Return filedCIPC — within 30 business days of the incorporation anniversary. Two consecutive misses triggers deregistration

Tax

• LawIncome tax registrationSARS — automatic on incorporation, but verify
• LawProvisional tax returnsSARS — IRP6, August and February
• LawVAT registration once turnover passes the thresholdSARS — R2.3 million from 1 April 2026
• LawTax Compliance Status PIN maintainedSARS
• LawPAYE, UIF and SDL where staff are employedSARS and the Department of Employment and Labour
• StandardTourism levy participationTOMSA is a voluntary 1% levy administered by TBCSA — it is not a tax. Draft Code cl.5(i) refers to “tourism levies where relevant”

Health, hygiene and guest records

Guest records — the most commonly missed legal duty in the framework

• LawGuest register kept — full name, ID or passport copy, residence status, residential address, and the guest’s signatureImmigration Act 13 of 2002 §40(1) with Regulation 36. Retained two years. Non-compliance is a criminal offence carrying up to 12 months imprisonment
• LawInformation Officer registeredPOPIA §55. Free, same day. Fines up to R10 million
• LawPrivacy notice on the direct booking site and on every platform listingPOPIA
• LawCCTV signage at entrances, 30–90 day retention, no cameras in private areasPOPIA
• LawData breach response planPOPIA — notification as soon as reasonably possible

Cleaning and linen

• StandardLinen and towels changed every stay, without exception
• StandardDocumented deep-clean schedule — weekly, monthly, annual
• StandardLaundry to institutional standard — 71°C for 3 minutes, or 65°C for 10WHO institutional laundry infection-control guidance
• StandardWaterproof mattress encasement and pillow protectors, washable at 60°C or above

Biohazard protocol

• StandardBlood-contaminated linen destroyed rather than laundered, sealed and disposed of via a licensed medical waste collectorCertificate of disposal retained 5 years
• StandardSame protocol for other bodily fluids; soft furnishings that cannot be industrially laundered are destroyed
• StandardMattress destroyed where a biohazard has penetrated the core despite the protector
• StandardHard surfaces cleaned with hospital-grade biocidal disinfectant, with PPE, and logged
• StandardCleaner PPE, written protocol, sharps container, and Hepatitis B vaccination offered
• StandardCost carried by the deposit, platform protection or insurance — never passed to the next guest

Food and pest

• LawCertificate of Acceptability where any food is servedR638, issued by municipal environmental health. Most self-catering properties do not serve food and so do not need one
• StandardPest control contract and certificateDraft Code refers to it; not a legal requirement for a self-catering property

Insurance

Cover

• LawA short-term rental specific policy, not a standard household policyNot a statute, but a residential policy that excludes letting leaves the operator uninsured in fact
• LawPublic liability coverDraft Code cl.5(m) and cl.8(f) require “appropriate” liability cover without naming a sum. Figures circulating in industry guidance range from R1 million to R30 million — there is no set minimum in law
• StandardBuildings and contents at replacement value
• StandardBusiness interruption cover12 months commonly recommended
• StandardWritten notice to the insurer that the property is let short-term, kept on file
• StandardBody corporate insurance extension confirmed where sectional title
• StandardCertificate of insurance producible within 48 hours

What is not insurance

• StandardPlatform damage protection understood as a supplement, not coverAirbnb AirCover and similar are limited to platform bookings and exclude direct bookings and chargebacks

Continuity and consumer protection

Money

• LawRefund policy transparent and consistent across platformsConsumer Protection Act §17
• StandardDeposit handling rules defined, with a stated refund window
• StandardDamage charged at depreciated replacement value using the original receipt and the item’s age, not at new price

Service continuity

• StandardDisplacement and relocation plan if the property becomes unavailable mid-stay
• StandardLoad-shedding backup disclosed and provided
• StandardWater security disclosed — tank, borehole, or municipal supply only
• StandardWifi and power reliability disclosed, with average uptime

Maintenance, inspection and records

Between every stay

• StandardCleaning signed off, initialled and dated
• StandardLinen changed; consumables restocked
• StandardDamage check with photographs
• StandardAmenities checked — TV, wifi, air conditioning, kettle, geyser
• StandardSmoke and CO detectors visibly intact; first aid kit and fire blanket present

Monthly

• StandardSmoke and CO detector test buttons pressed on every unit
• StandardFire extinguisher pressure gauge in the green
• StandardElectrical visual check — no scorched plugs, overheating adaptors or exposed wiring
• StandardPlumbing check — leaks, drains, geyser drip tray
• StandardPool safety check — cover, gate self-closing, signage legible, water clear
• StandardLoad-shedding backup tested end to end
• StandardPhotographic condition report, room by room

Quarterly and annually

• LawAnnual electrical and gas certificate validity confirmedSANS 10142 and SANS 10087-1
• LawAnnual fire extinguisher service by a SAQCC-registered technicianSANS 1475 / SANS 10105, with a 5-year hydrostatic test
• StandardQuarterly deep clean, mattress rotation, pest treatment, gutters, chimney
• StandardAnnual pool safety, HVAC service, roof and waterproofing, termite and structural checks
• StandardInsurance renewed and the short-term-letting notification refreshed

The log itself

• StandardDigital log, not paper — signed per entry with initials, date and role
• StandardRetained a minimum of 5 years and producible within 48 hours
• StandardCertificate pack transfers on any change of owner or manager
• StandardMajor appliances in verifiable working order, none older than 15 years, no active recalls
• StandardPurchase receipts and serial numbers kept, so damage can be valued fairly

Listing accuracy and claim integrity

Accuracy

• StandardBed count, sleep capacity and bathroom count accurate to the house rules
• StandardWifi speed as advertised — measured, not estimated
• StandardPhotographs current within 24 months and matching the property, not staged with items that are not there
• StandardDiscrepancies corrected within 7 days or the listing suspended
• Draft codeInformation provided is accurate, complete and not misleading in any material respectDraft Code cl.4(b)

Claims that must be substantiated

• StandardAccessibility — step-free entry genuinely present, doorways at least 800 mm, grab rails installed where shownWhere a property is marketed as accessible
• StandardGreen and eco claims — solar capacity with generation records, water-saving fittings, labelled recycling, product list on fileNo greenwashing; claims renewed annually
• StandardWritten operator attestation on file, renewed annually, open to spot-check

Sustainability and community

Operations

• StandardEnergy-efficient lighting, geyser timers, water-saving fittings
• StandardWaste separation and recycling to municipal streams
• StandardSolar or UPS backup for load-shedding
• StandardLocally sourced amenities and eco-friendly toiletries

Community

• StandardLocal employment for cleaning and maintenance
• Draft codeFair working conditions for staff and contractorsDraft Code cl.5(k)
• Draft codeLocal businesses supported and negative neighbourhood impact actively mitigatedDraft Code cl.5(p)

Grading and industry participation

Participation

• LawStar grading insignia displayed only once actually issuedDisplaying an ungraded star rating is prohibited
• LawB-BBEE affidavit or scorecard filed annuallyAmended Tourism B-BBEE Sector Code — thresholds are stricter than the generic codes
• LawMusic licences where music is played in guest areasSAMRO, CAPASSO and SAMPRA. A personal Spotify or Apple Music subscription does not cover commercial use
• LawTelevision licence per setBroadcasting Act 4 of 1999
• StandardTGCSA grading under the Self-Catering Accommodation categoryVoluntary. Annual renewal — the shortest grading cycle in the world. Support-programme discounts available
• Draft codeParticipation in a recognised quality assurance mechanismDraft Code cl.5(l), which does not name one