Is Airbnb legal in Durban?

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Yes — provided you comply with planning (zoning), licensing, and safety laws. There is no municipal 30/90-night cap in eThekwini’s by-laws. Instead, the city regulates use and safety:

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• Planning is governed through the eThekwini Land Use Scheme. To run short stays from a house/flat, many properties require Special Consent for a “Short-Term Accommodation Establishment” (wording used in sub-schemes and LUMS adverts).
• Operations are licensed under the Accommodation Establishments By-law, 2022, and the Business Licensing By-law, 2024.
• Safety is enforced through the Fire By-law, 2022 and national standards referenced therein.

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Local terms you’ll see

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• Short-Term Accommodation Establishment – the land-use term in eThekwini’s sub-schemes (often up to 10 bedrooms from a dwelling house, subject to consent/controls per area).
• Special Consent – a planning approval to allow certain uses (e.g., STR) in a zone that doesn’t permit it by default; routinely referenced in LUMS adverts.
• Accommodation Establishment certificate – the operating certificate you must obtain (and display) to legally run guest accommodation. media.lawlibrary.org.za

What permissions do you need?

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1) Planning & zoning: when you need Special Consent

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Check your property’s zoning with the city’s Land Use Management (regional offices). In single-residential areas, running a Short-Term Accommodation Establishment typically requires Special Consent. The city routinely publishes consent adverts that explicitly mention “operation of a short-term accommodation establishment.”

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Area nuance: eThekwini uses regional Sub-Schemes (North, Inner West, Outer West, South). Each sets how and where STRs can operate and may define supporting standards (parking, bedrooms, amenity protection). Always check the latest reviewed versions (26 June 2025).

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Neighbour consent: Most consent applications require proof you’ve notified affected neighbours (city form available).

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2) Business Licensing: Accommodation Establishment certificate

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Operating accommodation requires registration under the Accommodation Establishments By-law, 2022 (certificate valid for 4 years; must be displayed at reception/entrance). New or existing operators must apply on the prescribed form and pay the fee. The city’s trade licensing portal explains the process; the dedicated Accommodation Establishment Application Form is published on the municipal site.

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The Business Licensing By-law, 2024 (promulgated 13 Feb 2025) requires you to submit various documents with your application (e.g., ID/company docs, proof of zoning consent, electrical CoC for accommodation establishments, Fire approval, etc.).

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3) Fire safety sign-off & evacuation plan

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For your licensing file, you’ll need written Fire Department approval and an evacuation plan (explicitly listed in the Accommodation Establishments By-law application requirements). Premises must also comply with egress (SANS 10400-T), access for emergency vehicles, and (where applicable) LPG storage/CoC standards referenced by the Fire By-law, 2022. Note: guest houses with population >25 (incl. staff) must maintain a tested Emergency Preparedness Plan (annually) and display floor plans/escape routes.

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Emergency number (24/7): 031 361 0000 (eThekwini Emergency Response Call Centre – Metro Police/Fire & Disaster). Save it and post it in the house manual.

Taxes, rates & (potential) tourism levy

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Income tax & VAT

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• Income tax: SARS treats short-stay income as taxable rental income. Keep records and claim allowable expenses.
• VAT: If your 12-month rolling turnover from taxable supplies exceeds R1 million, VAT registration is compulsory (voluntary at lower levels under conditions).

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Property rates & hospitality rebates

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If you operate as a B&B/guesthouse, you may qualify for rates rebates (subject to criteria and proof such as your Accommodation Establishment licence). Use the city’s rebate form and check the current tariffs/policy year.

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Tourism levies

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• TOMSA (national, private-sector): A 1% voluntary levy administered by TBCSA (often added to invoices) that funds destination marketing in SA.
• Durban municipal levy (proposed): In July 2025, eThekwini’s Economic Development & Planning Committee approved a feasibility study into a dedicated, ring-fenced tourism levy to support city marketing. It’s not implemented; outcomes depend on consultation and Council decisions. Track official bulletins.

How to stay compliant (step-by-step)

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1. Check your zoning (call/email your regional Land Use office) and confirm if Special Consent is required for a Short-Term Accommodation Establishment.
2. Prepare a consent application (plans, neighbour notifications, parking layout, management plan). Submit and await the decision.
3. Apply for Business Licensing – Accommodation Establishment certificate (upload docs via eServices/TLS portal; include Fire sign-off & Electrical CoC). Display the certificate on-site once issued.
4. Fire compliance: finalise evacuation plan, confirm escape routes/doors, signage, fire equipment servicing, and (if >25 people) test your Emergency Preparedness Plan annually and keep the register.
5. Tax & VAT: declare rental income to SARS; monitor turnover vs R1 million VAT threshold.
6. Rates: if operating as B&B/guesthouse, consider applying for the city’s hospitality rebate (check the current year’s policy/forms).
7. Keep guests safe: display emergency contacts (031 361 0000), house rules, and beach/area info; maintain incident and maintenance logs.
8. Stay updated: watch municipal press statements/weekly bulletins for any tourism levy decisions and policy updates.

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FAQs

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1) Is there a 90-night cap in Durban?
No. eThekwini regulates use and safety, not stay counts. Expect Special Consent (where applicable), Accommodation Establishment licensing, and Fire compliance.

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2) Do apartments need consent too?
Often yes. Consent depends on zoning/scheme and building rules (Body Corporate). The city’s LUMS adverts and sub-schemes treat Short-Term Accommodation Establishments as a controlled use needing Special Consent in many residential contexts.

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3) What does the Fire Department expect?
An evacuation plan, maintained escape routes, signage, serviced equipment, and if population >25, a written Emergency Preparedness Plan tested yearly with a register.

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4) Do I need to register for VAT on Airbnb income?
Only if your taxable supplies exceed R1 million in any consecutive 12 months (then compulsory). Voluntary registration is possible below that under conditions.

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5) Is there a tourist tax in Durban right now?
No municipal levy is in force. The city is conducting a feasibility study (announced July 2025). Businesses may opt into the voluntary TOMSA 1% levy (national).

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6) Where do I apply for the accommodation licence?
Use the city’s online Trade Licensing portal; complete the Accommodation Establishment application and attach required documents (zoning consent, Fire approval, Electrical CoC, etc.).

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Check with your council: Always confirm your property’s zoning and any site-specific conditions with eThekwini Land Use Management before listing. durban.gov.za

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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.