It’s that time of the year when everyone wants to holiday at the sea but there’s no more space available. If you are a property owner and want to let your house or apartment for short-term rentals as weekend or holiday accommodation it is advised that you familiarise yourself with the Municipal Planning By-laws.
The need for rental properties to ensure compliance with the regulations was highlighted recently when accommodation establishments in the Hangklip area received notices of non-compliance from the Town Planning Department. “Why now and why in such an aggressive manner?”, was one such comment.
In response to this question it should be noted that any business setting up in the Overstrand, as elsewhere in South Africa, need to comply with the regulations for their specific industry and has the responsibility to ensure that they understand the extent of these regulations.
Compliant establishments are troubled by the increasing number of illegal accommodation establishments opening their doors and competing on an uneven footing.
Our legal accommodation establishments have gone to great lengths to meet the demands of rendering a quality experience that adhere to all the legislative requirements.
Renting out a room might seem like an easy way to generate some income but when things go wrong there are huge consequences.
Tourists make bookings with the understanding that the accommodation establishment is compliant with the relevant legislation such as the Overstrand By-Law on Municipal Land Use Planning and the Overstrand Zoning Scheme Regulations.
In terms of municipal planning by-laws, holiday accommodation for short-term holiday letting - irrespective of the platform facilitating such letting (including Airbnb , Booking.com or Lekker Slaap to name a few) - must ensure the property is appropriately zoned, and have applied for consent from the municipality’s town planning department.
The Municipality permits two bedrooms to be run from single residential dwellings without any permission subject to compliance with conditions as specified in the Overstrand Zoning Scheme Regulations and if not in contradiction of the Title Deed conditions.
Self-catering, B&Bs and Guest Houses each have their requirements and permission is required if more than 2 rooms or the whole house is rented out.
The Town Planning Department remains your first port of call for any accommodation application.