New consumer protection regulations could mean fewer spam calls for South African property buyers and sellers

South Africa’s new consumer protection regulations are set to change the way estate agents and businesses communicate with buyers, sellers, and homeowners, and for many consumers, the changes could bring welcome relief from unwanted calls and marketing messages.

The amendments to the Consumer Protection Act (CPA) regulations were gazetted in April 2026 and took effect immediately, although the National Consumer Commission (NCC) says registration for the national opt-out system is expected to begin in July 2026.

The updated regulations introduce stricter rules around direct marketing, including cold calling, bulk SMS campaigns, and unsolicited electronic marketing communications.

At the centre of the new regulations is a stronger focus on consumer consent and privacy.

The updated rules also introduce a formal national opt-out registry managed by the NCC, allowing consumers to block businesses from sending unsolicited direct marketing communications.

For the real estate industry, where prospecting and database marketing have traditionally played a major role, the changes represent a significant shift.

What the new regulations mean for estate agents and consumers

Cobus Odendaal, CEO of Lew Geffen Sotheby's International Realty in Johannesburg and Randburg, says the impact on businesses will be immediate.

“The amended regulations introduce three new annexures, including mechanisms for consumer opt-out and business registration. Most importantly, they establish a pre-emptive block registry, allowing consumers to opt out of unsolicited direct marketing entirely,” he explains.

“Once a consumer registers a pre-emptive block, businesses may not send unsolicited direct marketing communications to that consumer, regardless of whether their details already exist in an agency’s database.”

In practical terms, this means estate agencies and other businesses will need to be far more careful about how they market to consumers.

Mass cold-calling campaigns, unsolicited messaging campaigns, and blanket prospecting strategies could become far less common as businesses are now required to ensure their communication complies with the new regulations.

Why many consumers may welcome the changes

For many South Africans, this will likely be a positive development.

“These changes are designed to give consumers greater control over how and when businesses communicate with them,” Odendaal says. “Most of us can relate to the frustration of being bombarded by unsolicited advertising daily, especially the persistent variety.”

According to Odendaal, the changes could ultimately improve the quality of advertising consumers receive.

“There is considerable value in responsible advertising, particularly in the property sector, where timing and access to information can be critical. Advertising introduces us to new possibilities and showcases options for services and goods that we may be in the market for, or may need in the future.”

The regulations work alongside POPIA

The changes also work alongside South Africa’s Protection of Personal Information Act (POPIA), meaning businesses must still comply with existing consent and personal information rules when conducting direct marketing.

For consumers, this strengthens existing privacy protections and places additional accountability on businesses handling personal data and marketing databases.

Why property information still matters

For property buyers and sellers, access to relevant and timely information remains important, particularly in a market where financial decisions are significant and conditions can change quickly.

“For those looking to buy or sell what is often their largest investment, access to relevant property information can be a lifeline when navigating a complex and highly dynamic market,” Odendaal notes.

The new regulations are expected to push the real estate industry toward more permission-based and consumer-focused marketing strategies.

Rather than relying heavily on unsolicited outreach, agencies may increasingly focus on:

• building stronger client relationships,
• improving content and digital marketing strategies,
• encouraging voluntary sign-ups and enquiries,
• maintaining cleaner, more transparent databases.

The property industry will need to adapt quickly

Odendaal says leading agencies are already adapting.

“Our approach has always prioritised professionalism, transparency, and respect for our clients. These new regulations reinforce values that are already embedded in how we operate,” he says.

“At Lew Geffen Sotheby’s International Realty, we have the required processes in place, including registration and robust database management protocols, to ensure full compliance.”

While some operational details from the NCC are still being clarified, the direction is clear: greater accountability for businesses and stronger protection for consumers.

For South African buyers, sellers, and investors, the changes could help create a more transparent and consumer-friendly property environment — one where privacy is better protected and communication becomes more intentional and relevant.