Off The Market Property Consulting

13/05/2026

New Property Laws in South Africa Could Change Eviction Battles for Landlords and Tenants

There has been growing discussion around proposed changes to South Africa’s eviction laws, particularly the proposed amendments to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act). While many headlines make it sound as though landlords will suddenly have unlimited power to remove tenants, the reality is far more balanced — and far more nuanced.

The proposed amendments are aimed at improving the current eviction system, which many property owners, tenants, municipalities, and courts agree has become slow, expensive, and difficult to navigate. 

What Is the PIE Act?

The PIE Act protects people from unlawful or unfair eviction. In South Africa, no person may legally be removed from a home without a court order, even if rent has not been paid or a lease has ended. Courts are required to consider whether an eviction would be “just and equitable” before granting an order. 

This means landlords cannot:
• Change locks
• Disconnect utilities to force tenants out
• Remove belongings
• Intimidate or harass occupiers into leaving

Doing so may expose landlords or agents to serious legal consequences. 

Why Are Changes Being Proposed?

Many landlords — especially small-scale property owners — have struggled with lengthy legal delays and rising legal costs when trying to recover occupied properties. Some cases have dragged on for many months or even years. 

The proposed PIE Amendment Bill aims to:
• Improve efficiency in eviction proceedings
• Increase municipal involvement from the start of cases
• Reduce abuse of procedural loopholes
• Introduce clearer timelines in certain matters
• Balance the constitutional rights of both property owners and occupiers 

Important: These Changes Are Mostly Proposed — Not Yet Fully Enforced Law

This is where many social media posts become misleading.

The PIE Amendment Bill has been officially gazetted and is under discussion, but much of it still forms part of proposed amendments rather than fully operational law. The existing PIE protections still apply right now. 

At present:
• Evictions still require court orders
• Courts still consider fairness and vulnerability
• Municipalities may still become involved where alternative accommodation is relevant
• Tenants still retain constitutional protections against arbitrary eviction 

What Landlords Should Understand

The courts continue to expect strict legal compliance from landlords and property managers. Even where a lease has been validly cancelled, that alone does not automatically entitle a landlord to evict someone. 

Landlords typically still need to prove:
1. The occupier’s right to remain has lawfully ended
2. Proper notices were served
3. Correct legal procedures were followed
4. Eviction would be just and equitable under the circumstances 

Courts are also paying close attention to:
• Whether children live at the property
• Vulnerable occupiers
• Alternative accommodation issues
• Whether the landlord followed lawful procedures fairly and correctly 

What Tenants Should Understand

The law protects tenants from unlawful eviction — but it does not give permanent rights to remain indefinitely without complying with lease obligations.

Tenants should understand:
• Non-payment of rent can still result in lawful eviction
• Ignoring court papers is extremely risky
• Communication and early resolution are often far better than litigation
• Courts may still ultimately grant eviction orders where procedures were correctly followed 

The Bigger Picture

South Africa continues trying to balance two constitutional realities:
• The right to adequate housing
• The right to property ownership

The proposed amendments appear aimed at creating a more workable middle ground — protecting vulnerable occupiers while also addressing the severe financial strain many property owners experience during prolonged disputes. 

For landlords, tenants, and property managers alike, the key takeaway is simple:

Eviction law in South Africa remains highly regulated, deeply constitutional, and extremely procedural. Acting emotionally, impulsively, or outside the legal process can quickly create bigger problems for everyone involved.

08/03/2026

https://www.thesouthafrican.com/news/selling-your-home-new-sars-rule-could-save-you-thousands/?utm_term=Autofeed&utm_campaign=TheSouthAfrican&utm_medium=Social&utm_source=Facebook&fbclid=IwZnRzaAQa1ZtleHRuA2FlbQIxMQBzcnRjBmFwcF9pZAo2NjI4NTY4Mzc5AAEeCGpfbz8FgWdDPDnc4fzXB2tn9evL6zd-m-CuQYaYXAdc40FGjUf46XiUg4o_aem_mHePKbCUwShATC4ZzTNq4w =1772963263

SARS has raised the tax-free profit threshold on primary homes to R3m, allowing many South African homeowners to keep more when selling.

21/12/2025

22/10/2025

*Eskom Makes Solar Power Cheaper and Easier for South Africans*

From 1 October 2025, South African households looking to install rooftop solar will face fewer barriers and lower costs thanks to a major policy change from Eskom.

For years, one of the biggest obstacles for homeowners wanting to go solar was the costly and complicated approval process. Eskom previously required a professional engineer registered with the Engineering Council of South Africa (ECSA) to sign off on small-scale embedded generation (SSEG) systems. This meant additional expenses running into thousands of rand, plus long delays.

Now, Eskom has scrapped this requirement. Instead, solar systems can be certified by Department of Labour-registered electricians — such as an Installation Electrician or Master Installation Electrician — which dramatically simplifies compliance.

What’s Changing
• No more costly engineer sign-off: Certification can now be done by qualified electricians.
• Zero registration and connection fees for systems up to 50kVA: Valid until March 2026.
• Significant savings: A typical 16kVA household solar system could save more than R9,000 in upfront costs.
• Mandatory registration remains: All grid-tied systems under 100kVA must still be registered with Eskom (off-grid systems are exempt).

The Benefits

✅ Lower barriers to entry – Cutting unnecessary costs makes solar accessible to more South Africans.
✅ Simpler process – Faster certification reduces bottlenecks and delays.
✅ Supports clean energy goals – More households adopting solar means less pressure on the national grid and greater energy resilience.
✅ Encourages compliance – A simpler, cheaper system increases the likelihood that homeowners will register their solar installations legally and safely.

The Drawbacks

⚠️ Temporary incentives – The waiver on connection fees expires in March 2026, after which costs may return.
⚠️ Upfront costs remain high – While red-tape costs are reduced, the panels, batteries, and installation are still expensive.
⚠️ Grid rules still apply – Exporting excess electricity to the grid requires compliance with Eskom’s tariff structures (such as Homeflex).
⚠️ Safety concerns – Lowering the bar for sign-off means it’s crucial to ensure installations are done by reputable, qualified electricians.

The Bottom Line

This policy shift is a big win for South African households. By removing expensive engineering requirements and cutting connection fees, Eskom is making rooftop solar more affordable and accessible. While challenges remain — especially around the high cost of equipment and the temporary nature of incentives — this change could accelerate the country’s transition to clean, distributed energy.

For anyone considering solar, the next 18 months may be the perfect time to act.

24/09/2025

🏢 New Rules for Sectional Titles in South Africa – What You Need to Know

Big changes have recently come into effect for sectional title schemes and other community schemes in South Africa. The Community Schemes Ombud Service (CSOS) has published a new Consolidated Practice Directive (2025), which updates how schemes must be managed, how disputes are resolved, and what rules are considered valid.

Whether you’re a trustee, a property owner, or a tenant, here’s a breakdown of the most important updates that could affect you:

✅ The Major Changes

1. Out with “undesirable rules”
Rules that violate rights or are unfair will no longer be allowed. Examples include:
• Blanket bans on pets.
• Restricting or discriminating against domestic workers.
• Forcing owners to use a specific agency to sell or rent units.

2. Pets are welcome (within reason)
Schemes can still regulate pets, but they must be reasonable. You can’t be told “no pets allowed” across the board anymore. Instead, rules must be fair and allow for appeals.

3. Fines must follow due process
Trustees can’t hand out random fines. A clear disciplinary process must be followed, and fines can’t exceed the unit’s monthly levy.

4. Stronger compliance for trustees
Trustees and managing agents are under stricter rules for transparency, proper record-keeping, and fair decision-making. Mistakes in meetings or budgets could now trigger CSOS action.

5. Domestic workers’ rights
Rules that unreasonably limit domestic workers’ access or freedom are considered invalid. Workers must be treated with fairness and dignity.

6. Dispute resolution with CSOS
Disagreements (for example, about levies, pets, or access) should be taken to CSOS, which offers conciliation and adjudication – saving owners from expensive court battles.

7. Mandatory registration and levies
All sectional title schemes must be registered with CSOS and pay the required levy. Older, unregistered schemes need to get compliant.

🏠 What This Means for Sectional Title Owners

If you live in or own a unit in a sectional title scheme, these changes give you more protection against unfair rules and unfair treatment. They also mean trustees need to be more accountable and follow the law closely.

If you’re on a board of trustees, now is the time to:
• Review your scheme’s rules and scrap anything that could be “undesirable.”
• Make sure fines and penalties are applied lawfully.
• Keep proper records of meetings and budgets.
• Ensure your scheme is fully registered with CSOS.

📌 Final Word

The new CSOS directive is designed to protect owners and residents, uphold rights, and keep trustees accountable. It’s a shift towards fairness and transparency in how community schemes are run.

If you live in a sectional title property, make sure you know your rights – and if you’re a trustee, make sure your scheme is compliant.

15/09/2025

https://fastcompany.co.za/business/2025-08-30-how-divorce-law-changes-could-reshape-property-ownership-in-sa/

Proposed reforms in South African family law could drastically change how property and assets are divided during divorce or death, impacting homeowners and investors alike.

23/08/2024

A successful real estate journey hinges on a collaborative and transparent relationship between sellers and their chosen agents, ensuring that both parties work in tandem towards a common goal - selling the property for the best possible outcome.

04/08/2024

In South Africa, the housing market is evolving rapidly as younger generations demand affordable, secure, sustainable, and technologically advanced homes, reshaping the landscape of real estate.

03/08/2024

With the ease of online advertising and access to an ever-increasing pool of information, property scams and cybercrime have become prevalent and even more sophisticated than ever before.

31/07/2024

When selling your property, it is necessary for the conveyancer to obtain a rates clearance certificate (RCC) from the relevant local authority, or municipality, before transfer can be registered in the Deeds Office.