Is Airbnb legal in Sandton?

Airbnb Regulations in Sandton, South Africa

Airbnb hosting in Sandton falls under the broader regulations governing short-term rentals in South Africa. While there are no specific laws exclusively targeting short-term rentals at the national level, hosts must adhere to local by-laws and various regulations that may apply.

Key Regulations:

1. Local Authority Oversight: In South Africa, local municipalities have the authority to regulate rental activities. Hosts in Sandton must familiarize themselves with and comply with the applicable by-laws set by the City of Johannesburg.

2. National Laws: The Rental Housing Act 50 of 1999 governs the relationship between landlords and tenants, which can also affect short-term rental agreements. Additionally, other laws such as the Sectional Titles Act and their associated regulations may apply if hosts are renting out properties within sectional title schemes.

3. Host Responsibilities: All Airbnb hosts are encouraged to follow Airbnb's Hosting Standards, which include maintaining cleanliness, providing accurate listings, and ensuring guest safety. Hosts are also urged to engage with their communities and join local host clubs for support and best practices.

4. Tax Obligations: Income earned from hosting is subject to taxation. Hosts must register as taxpayers with the South African Revenue Service (SARS) and declare their earnings. Value-added tax (VAT) registration is required if earnings exceed R50,000 within a consecutive 12-month period.

5. Insurance Requirements: While Airbnb offers basic coverage through AirCover, hosts are advised to have their own homeowner's or renter's insurance that accommodates rental activities, as not all policies cover damage caused by guests.

6. Compliance with Lease Agreements: Hosts should review their lease agreements or any applicable co-op rules to ensure compliance. It’s crucial to understand any restrictions imposed by property management or landlord agreements.

In summary, hosts in Sandton must navigate a combination of local municipal regulations, national laws, tax obligations, and insurance requirements. Engaging with local authorities and fellow hosts can provide valuable insights and support to ensure compliance and enhance hosting experiences.