29/05/2026
๐ง๐๐ ๐ก๐๐ช ๐๐๐ฅ๐๐๐ง ๐ ๐๐ฅ๐๐๐ง๐๐ก๐ ๐ฅ๐จ๐๐๐ฆ ๐จ๐ก๐๐๐ฅ ๐ง๐๐ ๐๐ฃ๐ โ ๐ช๐๐๐ง ๐๐ฉ๐๐ฅ๐ฌ ๐๐ฆ๐ง๐๐ง๐ ๐๐๐๐ก๐ง ๐ก๐๐๐๐ฆ ๐ง๐ข ๐๐ก๐ข๐ช
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 ๐ญ๐ฑ ๐๐ฝ๐ฟ๐ถ๐น ๐ฎ๐ฌ๐ฎ๐ฒ, 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.
๐ญ. ๐๐ผ๐ฒ๐ ๐๐ต๐ถ๐ ๐ฎ๐ฐ๐๐๐ฎ๐น๐น๐ ๐ฎ๐ฝ๐ฝ๐น๐ ๐๐ผ ๐ฒ๐๐๐ฎ๐๐ฒ ๐ฎ๐ด๐ฒ๐ป๐๐ ๐ฎ๐ป๐ฑ ๐ฎ๐ด๐ฒ๐ป๐ฐ๐ถ๐ฒ๐?
Yes, absolutely. If your agency does any of the following to find new sellers, buyers, or landlords, you fall squarely within these rules:
โข Cold-calling potential clients.
โข Sending unsolicited WhatsApp or SMS campaigns.
โข Emailing prospecting lists.
โข 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.
๐ฎ. ๐ช๐ต๐ฎ๐ ๐ฒ๐
๐ฎ๐ฐ๐๐น๐ ๐ฐ๐ผ๐๐ป๐๐ ๐ฎ๐ "๐ฑ๐ถ๐ฟ๐ฒ๐ฐ๐ ๐บ๐ฎ๐ฟ๐ธ๐ฒ๐๐ถ๐ป๐ด"?
The rules specifically target unsolicited communication via phone or electronic channels. This includes:
โข Traditional phone calls
โข SMS campaigns
โข WhatsApp messages
โข Bulk emails
If a consumer did not specifically ask you to contact them for marketing purposes, it counts as direct marketing.
๐ฏ.๐ช๐ต๐ฎ๐ ๐ถ๐ ๐๐ต๐ฒ ๐ป๐ฒ๐ "๐ข๐ฝ๐-๐ข๐๐ ๐ฅ๐ฒ๐ด๐ถ๐๐๐ฟ๐" ๐ฎ๐ป๐ฑ ๐ฎ "๐ฃ๐ฟ๐ฒ-๐ฒ๐บ๐ฝ๐๐ถ๐๐ฒ ๐๐น๐ผ๐ฐ๐ธ"?
Think of it as a central "Do Not Call" list:
โข 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).
โข 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.
๐ฐ. ๐๐ผ๐ ๐ฑ๐ผ ๐ ๐ฟ๐ฒ๐ด๐ถ๐๐๐ฒ๐ฟ ๐บ๐ ๐ฒ๐๐๐ฎ๐๐ฒ ๐ฎ๐ด๐ฒ๐ป๐ฐ๐?
Before you make another cold call or send a marketing SMS, your business must be registered with the NCC:
โข You need to fill out the Direct Marketer Registration Form (Annexure P, page 13 of the Regulations).
โข You will submit your company details and pay a registration fee.
โข 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.
โข You must keep your details updated and renew this registration every year.
๐ฑ. ๐ช๐ต๐ฎ๐ ๐ฎ๐ฟ๐ฒ ๐๐ต๐ฒ ๐๐ฒ๐๐๐ฝ ๐ฎ๐ป๐ฑ ๐ผ๐ป๐ด๐ผ๐ถ๐ป๐ด ๐ณ๐ฒ๐ฒ๐?
Compliance comes at a cost. The official fees prescribed for 2026 (Annexure N, page 11) are:
โข Initial Registration Fee: R2 574.00 (paid when you first register)
โข Annual Renewal Fee: R1 930.50 (paid every year on your registration anniversary)
โข Cleansing Fee: R0.12 per data entry (paid whenever you check your database)
Note: The law allows for these fees to increase annually.
๐ฒ. ๐ช๐ต๐ฎ๐ ๐ฎ๐ฟ๐ฒ ๐๐ผ๐๐ฟ ๐ฑ๐๐๐ถ๐ฒ๐ ๐ฎ๐ ๐ฝ๐ฟ๐ผ๐ฝ๐ฒ๐ฟ๐๐ ๐ฝ๐ฟ๐ผ๐ณ๐ฒ๐๐๐ถ๐ผ๐ป๐ฎ๐น๐?
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.
๐ณ. ๐ช๐ต๐ฎ๐ ๐ถ๐ณ ๐ฎ ๐ฐ๐น๐ถ๐ฒ๐ป๐ ๐ด๐ฎ๐๐ฒ ๐๐ ๐ฝ๐ฒ๐ฟ๐บ๐ถ๐๐๐ถ๐ผ๐ป ๐๐ผ ๐ฐ๐ผ๐ป๐๐ฎ๐ฐ๐ ๐๐ต๐ฒ๐บ ๐ถ๐ป ๐๐ต๐ฒ ๐ฝ๐ฎ๐๐?
The registry overrides past consent. If a consumer registers a pre-emptive block on the NCC system, you cannot contact them anymoreโeven 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.
๐ด. ๐๐ผ๐ ๐ฑ๐ผ๐ฒ๐ ๐๐ต๐ถ๐ ๐๐ถ๐ฒ ๐ถ๐ป ๐๐ถ๐๐ต ๐ฃ๐ข๐ฃ๐๐?
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.
๐ต. ๐ช๐ต๐ฎ๐ ๐ต๐ฎ๐ฝ๐ฝ๐ฒ๐ป๐ ๐ถ๐ณ ๐๐ผ๐ ๐ฑ๐ผ๐ปโ๐ ๐ฐ๐ผ๐บ๐ฝ๐น๐?
The consequences are severe. If you ignore these rules, the NCC can issue a compliance notice under Section 100 of the CPA.
โข If you ignore a compliance notice, you are committing a criminal offence.
โข 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.
