Is Airbnb legal in Johannesburg in 2025?

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Yes — provided your property use complies with Joburg’s planning and health/safety rules. Short stays are governed mainly by the City of Johannesburg Land Use Scheme, 2018 and the Municipal Planning By-law (amended 3 Apr 2024). Neither instrument sets a citywide “90-day cap”; instead, legality depends on land-use rights and consents.

Zoning & what Joburg actually calls it

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Under the Land Use Scheme, small-scale hospitality in dwellings is treated as Guest house or Bed-and-Breakfast (B&B) — not a generic “home business.” In fact, Clause 20 expressly excludes guest house and bed-and-breakfast from home enterprise permissions, so you can’t rely on home-business rules for paid guest stays.

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“Guest house” vs “Bed-and-Breakfast”

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The Scheme defines a guest house as a converted dwelling where the resident lets rooms for temporary accommodation (with or without meals) for bona fide guests. This is the lens the City uses for short-stay activity in homes.

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When you need Consent Use (and where to apply)

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If your zoning (e.g., typical Residential 1) doesn’t already allow a guest house/B&B, you’ll apply for Consent Use through Development Planning using Application Form 1, processed under the Municipal Planning By-law. Start with the Application Manual for requirements; then submit the Form 1 – Consent Use. If you’re in sectional title, get Body Corporate approval before filing.

Health & safety: permits and fire obligations

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Public Health permit for Accommodation establishments (≥4 people)

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Joburg’s Public Health By-law defines an “accommodation establishment” as any place other than a single-family dwelling where accommodation is provided for four or more people, and requires a permit to operate such an establishment (s.60 & s.61). It also sets minimum standards for room sizes, ablutions, laundry, and hygiene.

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Fees & where to look: The City’s Tariffs page lists the fee line for “Issuing of a permit to conduct an accommodation establishment” — helpful when budgeting your application.

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B&B quick guide: The City’s “Opening a B&B” page reiterates the need for health permits and related approvals.

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EMS (Fire): evacuation plans & extinguisher servicing

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Under the Emergency Services By-laws, the Chief Fire Officer may designate premises that must keep a written emergency evacuation plan; operators must also ensure appropriate fire-fighting equipment is installed and serviced to standards. Expect inspections and keep records current.

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Taxes: SARS income tax & VAT

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• Income tax: SARS treats short-stay earnings as rental income; it’s taxable with normal expense deductions. Keep meticulous records.
• VAT: Compulsory registration once taxable supplies exceed R1,000,000 in any consecutive 12 months; voluntary registration is possible (generally from R50,000+). If registered, you must levy 15% VAT on taxable supplies.

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Is there a tourist tax in Joburg? (TOMSA explained)

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Johannesburg does not impose a municipal “bed/tourist tax.” The City’s Tariffs show permit and licence fees but no separate bed levy. South Africa’s tourism levy, TOMSA, is a private-sector 1% levy that operates on a voluntary basis — many hotels/establishments choose to collect it, but it’s not a City tax.

How to stay compliant (step-by-step)

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1. Check zoning & rights
   Confirm your zoning against the Land Use Scheme, 2018 and determine whether a Guest house/B&B use is permitted or needs Consent Use.
2. Apply for Consent Use (if required)
   Use Application Form 1 – Consent Use and follow the Application Manual checklists. Obtain Body Corporate/HOA consent where applicable.
3. Secure your Public Health permit
   If you’ll accommodate four or more people (or run an establishment), apply for the accommodation establishment permit and ensure rooms/ablutions/laundry meet by-law standards.
4. Meet EMS fire requirements
   Provide and service extinguishers; maintain escape routes; if designated, keep a written evacuation plan and drill as required.
5. Budget City fees
   Check the Tariffs page for current permit fees.
6. Stay tax-compliant
   Declare rental income to SARS; register for VAT when you meet the threshold (or voluntarily if strategic).

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Check-with-Council note: Requirements can vary by property, building class, and location. Always confirm specifics with City of Johannesburg Development Planning, Environmental Health, and EMS for your address.

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FAQs

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1) Is there a 90-day rule in Johannesburg?
No. Joburg regulates short stays through zoning/consents and health/fire compliance—not a blanket night cap.

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2) Do I need a permit to host?
If you operate an accommodation establishment (≥4 people), a Public Health permit is required; many dwellings also need Consent Use to run as a guest house/B&B.

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3) What’s the difference between a Guest house and a B&B?
They’re hospitality categories in the Land Use Scheme for temporary accommodation in a dwelling; both are treated differently from a home enterprise.

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4) What fire safety is expected?
EMS can designate premises to keep a written evacuation plan; keep fire-fighting equipment installed and serviced to standards and maintain clear escape routes.

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5) How are Airbnb earnings taxed?
It’s rental income for SARS; VAT registration is compulsory once taxable supplies exceed R1,000,000 in 12 months (voluntary registration possible below that).

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6) Is there a tourist tax in Joburg?
No municipal bed tax. TOMSA is a voluntary 1% levy collected by participating tourism businesses.

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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.