South Africa Unveils Draft Code of Conduct to Regulate Airbnb and Short-Term Rentals

In a significant development for South Africa’s tourism and accommodation landscape, Tourism Minister Patricia de Lille has gazetted a Draft Code of Good Practice for Short-Term Rentals, marking the first major national step toward addressing the rapidly growing sector dominated by platforms like Airbnb.

For thousands of South Africans—from the Atlantic Seaboard in Cape Town to the affluent suburbs of Sandton—the sharing economy has served as a crucial economic lifeline amid ongoing challenges. Many small-scale operators depend on short-term rental income to cover mortgage payments, support families, or supplement earnings in a struggling economy. However, the “wild west” nature of the industry has prompted government intervention to tackle issues such as neighborhood disruptions, safety concerns, and uneven competition with traditional hotels.

The draft code, issued under Chapter 2 of the Tourism Act 3 of 2014, aims to promote responsible conduct rather than impose binding regulations at this stage. Key elements include mandatory requirements for hosts to inform guests about local bylaws, sectional title rules, and other area-specific guidelines, as well as ensuring adherence to basic health, safety, and noise standards. The government emphasizes that the initiative seeks to level the playing field with hotels while recognizing short-term rentals’ role in filling accommodation shortages—particularly in townships and rural areas where large-scale hotel infrastructure may not be feasible.

The move has elicited mixed reactions. While authorities argue it will protect communities from noise complaints, unruly guest behavior, and zoning violations, many small operators fear the guidelines could eventually squeeze them out of business. A survey by the Short-Term Rental Association, presented to the Portfolio Committee on Tourism, revealed that over 50% of member hosts had received neighbor complaints about guest conduct.

Department of Tourism spokesperson Aldrin Sampear addressed these concerns in a detailed discussion. He clarified that primary responsibility for zoning and land use remains with municipalities under constitutional mandates, not the national Department of Tourism. The draft code fills identified legislative gaps, as highlighted in research leading to the 2024 White Paper on Tourism adopted by Cabinet.

Sampear stressed that the document is not yet regulation but interim guidance to encourage standardization—ensuring guests receive basic safety and conduct expectations similar to those in hotels. He noted short-term rentals’ positive contributions, including addressing bed shortages and supporting inclusive tourism in underserved areas. Innovation, such as app-based bookings, is welcomed, but it must not disrupt neighborhood peace.

Regarding industry engagement, Sampear confirmed prior consultations with stakeholders including the Short-Term Rental Association, Airbnb, and Booking.com. Platforms like Airbnb have previously partnered with the Department on inclusive tourism initiatives, and the Minister has called for their active participation in the current process. Notably, over 80% of short-term rental owners are women, highlighting the sector’s importance for underserved entrepreneurs and job creation through host education programs.

The public, including affected communities, industry players, and operators, has until May 12, 2026, to submit written comments on the draft. This 60-day period allows for broad input before the code is refined and potentially finalized.

As South Africa balances economic opportunity with community well-being in its tourism sector, this draft represents a measured approach to formalizing a vital yet sometimes contentious part of the sharing economy.