M.C. VAN DER BERG INC.

01/06/2026

29/05/2026

𝗧𝗛𝗘 𝗡𝗘𝗪 𝗗𝗜𝗥𝗘𝗖𝗧 𝗠𝗔𝗥𝗞𝗘𝗧𝗜𝗡𝗚 𝗥𝗨𝗟𝗘𝗦 𝗨𝗡𝗗𝗘𝗥 𝗧𝗛𝗘 𝗖𝗣𝗔 – 𝗪𝗛𝗔𝗧 𝗘𝗩𝗘𝗥𝗬 𝗘𝗦𝗧𝗔𝗧𝗘 𝗔𝗚𝗘𝗡𝗧 𝗡𝗘𝗘𝗗𝗦 𝗧𝗢 𝗞𝗡𝗢𝗪

If you work in real estate, picking up the phone, sending a WhatsApp, or an email to find new listings is probably part of your daily routine. But the rules of the game just changed.

On 𝟭𝟱 𝗔𝗽𝗿𝗶𝗹 𝟮𝟬𝟮𝟲, the government published the strict new Consumer Protection Act (CPA) Amended Regulations. There is no grace period, meaning these rules are legally binding right now.

These updates completely rewrite "Regulation 4" of the CPA, creating a brand-new, official opt-out registry managed by the National Consumer Commission (NCC).

Here is a simple, question-and-answer breakdown of how these changes impact your estate agency and what you need to do to stay compliant.

𝟭. 𝗗𝗼𝗲𝘀 𝘁𝗵𝗶𝘀 𝗮𝗰𝘁𝘂𝗮𝗹𝗹𝘆 𝗮𝗽𝗽𝗹𝘆 𝘁𝗼 𝗲𝘀𝘁𝗮𝘁𝗲 𝗮𝗴𝗲𝗻𝘁𝘀 𝗮𝗻𝗱 𝗮𝗴𝗲𝗻𝗰𝗶𝗲𝘀?

Yes, absolutely. If your agency does any of the following to find new sellers, buyers, or landlords, you fall squarely within these rules:

• Cold-calling potential clients.
• Sending unsolicited WhatsApp or SMS campaigns.
• Emailing prospecting lists.
• Using lead databases bought from third parties.

The law defines a "direct marketer" very broadly: It is anyone who approaches a consumer (in person or electronically) to promote services or goods. Operating in the property sector does not exempt you.

𝟮. 𝗪𝗵𝗮𝘁 𝗲𝘅𝗮𝗰𝘁𝗹𝘆 𝗰𝗼𝘂𝗻𝘁𝘀 𝗮𝘀 "𝗱𝗶𝗿𝗲𝗰𝘁 𝗺𝗮𝗿𝗸𝗲𝘁𝗶𝗻𝗴"?

The rules specifically target unsolicited communication via phone or electronic channels. This includes:

• Traditional phone calls
• SMS campaigns
• WhatsApp messages
• Bulk emails

If a consumer did not specifically ask you to contact them for marketing purposes, it counts as direct marketing.

𝟯.𝗪𝗵𝗮𝘁 𝗶𝘀 𝘁𝗵𝗲 𝗻𝗲𝘄 "𝗢𝗽𝘁-𝗢𝘂𝘁 𝗥𝗲𝗴𝗶𝘀𝘁𝗿𝘆" 𝗮𝗻𝗱 𝗮 "𝗣𝗿𝗲-𝗲𝗺𝗽𝘁𝗶𝘃𝗲 𝗕𝗹𝗼𝗰𝗸"?

Think of it as a central "Do Not Call" list:

• Consumers can now officially sign up for a pre-emptive block by filling out the Consumer Pre-emptive Block Form (found in Annexure O, page 12 of the Regulations).
• Once a consumer adds themselves to this registry, it is strictly illegal for any direct marketer to contact them.

Important Note: This completely replaces the old system run by the Direct Marketing Association of South Africa (DMASA). The DMASA registry was largely voluntary; this new NCC registry is mandatory for everyone.

𝟰. 𝗛𝗼𝘄 𝗱𝗼 𝗜 𝗿𝗲𝗴𝗶𝘀𝘁𝗲𝗿 𝗺𝘆 𝗲𝘀𝘁𝗮𝘁𝗲 𝗮𝗴𝗲𝗻𝗰𝘆?

Before you make another cold call or send a marketing SMS, your business must be registered with the NCC:

• You need to fill out the Direct Marketer Registration Form (Annexure P, page 13 of the Regulations).
• You will submit your company details and pay a registration fee.
• Right now, the expectation is that registration happens at the company/entity level (rather than per individual agent), though the NCC may give more practical guidance on branches later.
• You must keep your details updated and renew this registration every year.

𝟱. 𝗪𝗵𝗮𝘁 𝗮𝗿𝗲 𝘁𝗵𝗲 𝘀𝗲𝘁𝘂𝗽 𝗮𝗻𝗱 𝗼𝗻𝗴𝗼𝗶𝗻𝗴 𝗳𝗲𝗲𝘀?

Compliance comes at a cost. The official fees prescribed for 2026 (Annexure N, page 11) are:
• Initial Registration Fee: R2 574.00 (paid when you first register)
• Annual Renewal Fee: R1 930.50 (paid every year on your registration anniversary)
• Cleansing Fee: R0.12 per data entry (paid whenever you check your database)

Note: The law allows for these fees to increase annually.

𝟲. 𝗪𝗵𝗮𝘁 𝗮𝗿𝗲 𝘆𝗼𝘂𝗿 𝗱𝘂𝘁𝗶𝗲𝘀 𝗮𝘀 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗽𝗿𝗼𝗳𝗲𝘀𝘀𝗶𝗼𝗻𝗮𝗹𝘀?

Once registered, you have five clear duties in terms of Regulation 4:

1. Register first: You cannot do any direct marketing unless you are registered with the NCC.

2. Cleanse your database monthly: Every single month, you must compare your marketing list against the official NCC registry and delete anyone who has blocked direct marketing. This "cleansing" costs R0.12 per contact entry checked.

3. Never contact blocked consumers: If someone is on the registry, they are completely off-limits.

4. Identify yourself clearly: Every single marketing message or call must clearly state your business name, physical address, electronic address (email), and contact phone number.

5. Renew annually: Pay your renewal fee on time every year.

𝟳. 𝗪𝗵𝗮𝘁 𝗶𝗳 𝗮 𝗰𝗹𝗶𝗲𝗻𝘁 𝗴𝗮𝘃𝗲 𝘂𝘀 𝗽𝗲𝗿𝗺𝗶𝘀𝘀𝗶𝗼𝗻 𝘁𝗼 𝗰𝗼𝗻𝘁𝗮𝗰𝘁 𝘁𝗵𝗲𝗺 𝗶𝗻 𝘁𝗵𝗲 𝗽𝗮𝘀𝘁?

The registry overrides past consent. If a consumer registers a pre-emptive block on the NCC system, you cannot contact them anymore—even if they previously gave you their details or agreed to be contacted. You must remove them from your active lists during your monthly database cleansing.

𝟴. 𝗛𝗼𝘄 𝗱𝗼𝗲𝘀 𝘁𝗵𝗶𝘀 𝘁𝗶𝗲 𝗶𝗻 𝘄𝗶𝘁𝗵 𝗣𝗢𝗣𝗜𝗔?

These new CPA regulations do not replace the Protection of Personal Information Act (POPIA). They operate side-by-side. Your agency must still fully comply with POPIA's rules of handling data lawfully and managing electronic marketing (especially Section 69 of POPIA). Think of the CPA registry as an extra layer of consumer protection on top of POPIA.

𝟵. 𝗪𝗵𝗮𝘁 𝗵𝗮𝗽𝗽𝗲𝗻𝘀 𝗶𝗳 𝘆𝗼𝘂 𝗱𝗼𝗻’𝘁 𝗰𝗼𝗺𝗽𝗹𝘆?

The consequences are severe. If you ignore these rules, the NCC can issue a compliance notice under Section 100 of the CPA.

• If you ignore a compliance notice, you are committing a criminal offence.
• The National Consumer Tribunal can also hit your business with administrative fines: up to 10% of your annual turnover, or R1 000 000, whichever amount is greater.

28/05/2026

18/05/2026

Click on the link below to read our MCSellersGuide:
https://mcvdberg.blob.core.windows.net/guides/SellersGuide%20-%20with%20cover%20page.pdf

16/05/2026

Every drop counts. Come donate blood and help us bring hope to those who need it. ❤️

15/05/2026

𝗖𝗢𝗦𝗧 𝗜𝗡𝗖𝗟𝗨𝗦𝗜𝗩𝗘 𝗕𝗢𝗡𝗗

It has become prevalent in the property industry that first time purchasers obtain a bond from a financial institution that purports to be “𝗰𝗼𝘀𝘁𝘀 𝗶𝗻𝗰𝗹𝘂𝗱𝗲𝗱”. While this is partially true, the concept of a “𝗰𝗼𝘀𝘁 𝗶𝗻𝗰𝗹𝘂𝘀𝗶𝘃𝗲” bond can cause a lot of confusion for purchasers as they expect that there will be nothing payable by them towards costs.

The banks will usually grant the bond as a % for example a 105% bond is granted. Thus the 𝟱% 𝗲𝘅𝘁𝗿𝗮 𝗶𝘀 𝘁𝗵𝗲 𝗼𝗻𝗹𝘆 𝗮𝗺𝗼𝘂𝗻𝘁 𝘁𝗵𝗮𝘁 𝗶𝘀 𝗮𝘃𝗮𝗶𝗹𝗮𝗯𝗹𝗲 𝘁𝗼 𝗴𝗼 𝘁𝗼𝘄𝗮𝗿𝗱𝘀 𝗰𝗼𝘀𝘁𝘀. This amount is more often than not, not enough to cover both the transfer costs and the bond costs, and 𝘁𝗵𝗲𝗿𝗲 𝗶𝘀 𝘁𝗵𝗲𝗻 𝗮𝗻 𝗮𝗺𝗼𝘂𝗻𝘁 𝘁𝗼𝘄𝗮𝗿𝗱𝘀 𝗰𝗼𝘀𝘁𝘀 𝗽𝗮𝘆𝗮𝗯𝗹𝗲 𝗯𝘆 𝘁𝗵𝗲 𝗽𝘂𝗿𝗰𝗵𝗮𝘀𝗲𝗿 𝗼𝘂𝘁 𝗼𝗳 𝗽𝗼𝗰𝗸𝗲𝘁. Furthermore it must be taken into account that a transferring attorney needs to obtain a SARS transfer duty receipt before a transaction can be lodged in the deeds office as it is one of the required documents to lodge. A guarantee for the transfer duty will therefore not be sufficient as the guarantee only pays out on registration. In this scenario, the purchaser will still have to 𝗺𝗮𝗸𝗲 𝗮𝗻 𝘂𝗽𝗳𝗿𝗼𝗻𝘁 𝗽𝗮𝘆𝗺𝗲𝗻𝘁 𝗼𝗳 𝘁𝗵𝗲 𝘁𝗿𝗮𝗻𝘀𝗳𝗲𝗿 𝗱𝘂𝘁𝘆 to the conveyancer who in turn pays SARS the transfer duty amount to issue the transfer duty receipt that is needed for lodgment.

𝗣𝗿𝗮𝗰𝘁𝗶𝗰𝗮𝗹 𝗲𝘅𝗮𝗺𝗽𝗹𝗲:

Purchase price - R 1 800 000.00

Bond obtained – 105%. R 1 800 000.00 x 5% = 𝗥𝟵𝟬 𝟬𝟬𝟬 𝘁𝗵𝗮𝘁 𝗶𝘀 𝗮𝘃𝗮𝗶𝗹𝗮𝗯𝗹𝗲 𝗳𝗼𝗿 𝗰𝗼𝘀𝘁𝘀.

Cost accounts – Transfer: R65 195.50 Bond: R 45 017.50 = Total costs: R110 213. There will thus be a 𝘀𝗵𝗼𝗿𝘁𝗳𝗮𝗹𝗹 𝗼𝗳 𝗥𝟮𝟬 𝟮𝟭𝟯.

However, the transfer duty is R21 786.00, the purchaser will therefore have to pay out of pocket the 𝘀𝗵𝗼𝗿𝘁𝗳𝗮𝗹𝗹 𝗼𝗳 𝗥𝟮𝟬 𝟮𝟭𝟯.𝟬𝟬 that is not covered by the “cost inclusive” bond, 𝗮𝗻𝗱 the 𝗥𝟮𝟭 𝟳𝟴𝟲.𝟬𝟬 𝘁𝗿𝗮𝗻𝘀𝗳𝗲𝗿 𝗱𝘂𝘁𝘆 must also be paid before registration to the conveyancer in order to obtain the transfer duty receipt (The R21 786.00 is included in the R90 000.00 and will be available to the purchaser on registration).

It is therefore paramount that purchasers be advised correctly when an amount for costs is added to the bond amount, to ensure that they are aware of the amounts that they will have to pay in towards costs and transfer duty, as this can avoid potential conflicts and delays to registration.

Click on the link below to read our MCBondGuide:
https://mcvdberg.blob.core.windows.net/guides/BondGuide%20-%20GENERIC%20-%20with%20cover%20page.pdf