Is Airbnb legal in Ballito?

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Yes — provided you comply with KwaDukuza’s SPLUMA by-law and the Land Use Scheme. KDM doesn’t impose a blanket 30/90-night cap; it regulates use via planning approvals and safety via building and fire requirements. Where short-stays map to Guest House/B&B/self-catering, you’ll often need Special Consent before trading.

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Zoning: when you need Special Consent

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Start by confirming your zoning and how Guest House/B&B/self-catering is treated in that zone. KDM’s scheme/notice explicitly lists “Consent Uses: Guest House,” signalling that guest accommodation in many residential contexts is by consent rather than by-right.

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To apply, use the municipality’s Special Consent Application Information Pack (under Section 46(c) of KDM’s SPLUMA by-law, Gazette 1630 of 2016). It outlines pre-consultation, neighbour notifications, plans/parking and an operations plan.

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Sectional-title & estates: If you’re in a complex or gated estate, Body Corporate/HOA rules under the Sectional Titles Schemes Management Act 8 of 2011 also apply—secure written approval if your scheme rules restrict short-stays.

Fire & building: what KwaDukuza checks

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When you formalise or change use, Building Control may require “a report of a designated official from the fire department.” Build your file around safe access/egress, appropriately serviced extinguishers and clear evacuation info, as agreed with Fire & Emergency during approvals.

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Useful contacts: KwaDukuza Fire & Emergency (Community Safety) — 032 437 5515; switchboard 032 437 5000. Post these in your guestbook and unit.

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Business licensing & property rates (B&B/guesthouse)

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Some accommodation operations also fall under KDM Business Licences (e.g., accommodation, and if you serve meals). Use the Accommodation Business Licence page and the application process guidance to confirm what applies to your setup.

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If you operate as a B&B/guesthouse, your rates category may change and you may qualify for a rebate (policy-dependent). KDM’s Rates Policy 2025/26 (draft) notes that owners of guest houses will receive a rebate as determined by Council; check the current year when you apply.

Taxes (SARS): income tax & VAT

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Income tax: SARS confirms rental income is taxable; keep clean records for allowable deductions.

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VAT: Compulsory registration once taxable supplies exceed R1,000,000 in any consecutive 12-month period (voluntary registration is possible below that). See SARS’ VAT registration guidance.

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Tourist levy: TOMSA vs local “bed tax”

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KDM’s Tariff of Charges 2024/25 and current notices do not list a municipal “tourist/bed levy.” Re-check each budget year, but as at publication we found no local levy.

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TOMSA is a private-sector, voluntary 1% levy administered by TBCSA to support destination marketing; businesses opt-in.

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How to stay compliant (step-by-step)

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1. Confirm zoning & scheme controls for your erf/section: is Guest House/B&B/self-catering as-of-right or by Special Consent?
2. Apply for Special Consent if required: follow the official Information Pack (pre-consultation, neighbour notices, site plan, parking, ops plan) under SPLUMA.
3. Check building plans & fire readiness: coordinate with Building Control/Fire & Emergency—include the Fire Department report and any safety measures they specify.
4. Confirm business-licence requirements (Accommodation; meals service). Use KDM’s Business Licences pages.
5. Validate rates category & rebates if operating as B&B/guesthouse (check the current year’s policy/notice).
6. Stay tax-compliant: declare to SARS; monitor the R1m/12-month VAT threshold; register if you cross it.
7. Sectional title/estates: obtain Body Corporate/HOA sign-off under the STSMA; align house rules (parking, access, noise).

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Check-with-Council note: Triggers vary by zone, building type and scheme rules. Confirm specifics with KDM Planning and Fire & Emergency before listing.

FAQs

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1) Is there a 90-night cap in Ballito?
No. KDM regulates through use rights (Special Consent) and compliance, not blanket night caps.

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2) Do apartments need consent too?
Often yes—depending on zoning and your scheme. Many residential contexts treat Guest House/self-catering as a Consent Use; Body Corporate rules must also allow it.

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3) Who enforces fire safety?
KwaDukuza Fire & Emergency. Building Control can require a Fire Department report during approvals.

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4) Is there a tourist tax in Ballito?
No municipal bed levy appears in current KDM tariffs. TOMSA is a voluntary 1% industry levy administered by TBCSA.

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5) How is Airbnb income taxed?
It’s rental income for SARS. VAT registration becomes compulsory once taxable supplies exceed R1,000,000 in any consecutive 12 months.

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Not Advice: This guide highlights key points for short-term letting and is not legal or tax advice. Rules change — always check the relevant authority’s website for your property and seek professional advice if unsure.