MAIN IMAGE: Fritz Swanepoel – CEO of Leapfrog Property Group, Adrian Goslett – CEO and regional director of RE/MAX Southern Africa
Editor
If your agency is prospecting for mandates, cold-calling sellers, or sending unsolicited messages to potential clients, the rules have just changed. New regulations under the Consumer Protection Act are already in force. There are still some gaps in the implementation guidance, but agents cannot afford to ignore this.
The regulations that triggered this shift are the Consumer Protection Act Amendment Regulations, 2026, which came into effect on 15 April 2026. Published in Government Gazette No. 54521 (Regulation Gazette No. 11983) by the Department of Trade, Industry and Competition, they introduce a formal opt-out registry administered by the National Consumer Commission and impose new compliance obligations on anyone who engages in direct marketing. For residential estate agents and property agencies, the implications are immediate and practical.
What has changed?
The regulations amend the Consumer Protection Act Regulations of 2011 and introduce three new annexures: Annexure N (the fee schedule), Annexure O (the Consumer Pre-emptive Block Form for consumers) and Annexure P (the Direct Marketer Registration Form for businesses). Crucially, the regulations came into effect on the date of publication, meaning there is no grace period built into the text.
The core mechanism is a pre-emptive block registry. Consumers can register on the NCC’s opt-out registry to block unsolicited direct marketing communications. Once registered, a consumer must not be contacted for direct marketing purposes, regardless of whether their details already appear in an agency’s database.
Does this apply to your agency?
If your agency cold calls potential sellers or landlords, sends unsolicited WhatsApp messages or SMS campaigns, emails prospecting lists, canvasses neighbourhoods for mandates, or uses purchased contact lists or outsourced lead-generation services, you are almost certainly engaging in direct marketing as defined under the amended regulations. The definition of a direct marketer in the amended regulations is simply a person who engages in direct marketing. Agencies should assume they fall within scope unless they can demonstrate that all of their outreach is in response to a consumer-initiated inquiry.
Fritz Swanepoel, CEO of Leapfrog Property Group, says: “What these amendments to the Consumer Protection Act make clear is that the industry has officially shifted from access to attention – I have your details and will call, SMS or email you – to permission to engage. For estate agents, this is not a compliance tweak; it’s a fundamental reset of the prospecting model.
The reality is that much of traditional real estate activity has relied on proactive outreach, and that lever has now been materially constrained. If applied rigidly, these regulations risk slowing down transaction velocity in a market that already struggles with friction, ultimately impacting sellers, buyers, and broader economic activity.
That said, there is a clear upside for those willing to adapt. This environment will favour structured, professional businesses that invest in brand, inbound marketing, and systems capable of properly managing consent. The agents who respond fastest to opted-in leads, build trust through value-driven engagement, and operate within a disciplined compliance framework will win market share. The challenge for the industry – and regulators – will be to ensure that consumer protection strengthens trust without unintentionally suppressing the very activity that keeps the property market moving.”
Adrian Goslett, CEO and regional director of RE/MAX Southern Africa, concurs: “Cold calling clients is an agent’s bread and butter. The new requirements will make it trickier for real estate professionals to prospect for new clients. That said, modern consumers are better informed and want more control over their personal information, especially when it comes to communication from businesses. By meeting the new regulatory requirements, real estate professionals might be able to build more respectful and engaging relationships with their clients.”
What the regulations require of estate agents
The regulations set out the following obligations for registered direct marketers, drawn directly from Regulation 4(7) of the gazette:
Register on the NCC opt-out registry by completing a form corresponding to Annexure P and paying the prescribed fee. Registration must be renewed annually on the anniversary of the initial registration.
Cleanse your database monthly against the NCC block list. The regulations specify monthly cleansing, and the prescribed cleansing fee for 2026 is R0.12 per data entry.
Do not market to any consumer who has registered a pre-emptive block.
Ensure that all electronic communications clearly identify your agency, including your name, electronic address, physical address and contact number. Communications from unidentifiable senders are prohibited.
Do not conduct any direct marketing unless you are registered on the opt-out registry.
What is compliance going to cost?
The prescribed fees for 2026, set out in Annexure N of the gazette, are as follows: initial registration, R2,574.00; annual renewal, R1,930.50; and cleansing, R0.12 per data entry. These fees escalate annually, reaching R2,979.73 for initial registration and R2,234.80 for annual renewal by 2029.
What is still unclear
It is important to acknowledge that, while the regulations are in force, the NCC has not yet published comprehensive practical guidance on the registration portal, the payment process, or how compliance will be monitored at the firm versus individual agent level. REBOSA has indicated it is monitoring the position closely and will issue further guidance once the implementation process is clarified. Agencies should not wait for that guidance before beginning their internal compliance preparations.
Ten practical steps for estate agents
- Decide whether your agency engages in direct marketing. If you cold-call, send unsolicited bulk messages, canvass for mandates, or use prospecting lists of any kind, the answer is yes. Begin your compliance process immediately.
- Appoint a compliance owner. The principal or a nominated compliance officer should take responsibility for this process at the agency level rather than leaving it to individual agents. Compliance must be centralised.
- Gather your registration documents now. Annexure P of the gazette requires the following: company registration number, VAT number, company name, directors’ names, company telephone number, contact person and contact number, company email address, company physical address, a valid B-BBEE certificate and a valid tax clearance certificate.
- Budget for compliance costs. For 2026, you will need to set aside at least R2,574.00 for initial registration and R1,930.50 for annual renewal. Your cleansing costs will depend on the size of your prospecting database, at R0.12 per entry per monthly cleanse.
- Map every database your agency uses for prospecting. This includes your CRM, old mandate lists, purchased contact lists, portal leads, internal spreadsheets, agent WhatsApp broadcast lists, and any outsourced lead-generation databases. You cannot cleanse what you have not identified.
- Implement monthly database cleansing. The regulations specify that direct marketers must cleanse their databases against the NCC block list monthly. Build this into your compliance calendar from the outset.
- Pause high-risk bulk prospecting activities until you are registered. On a strict reading of the regulations, conducting direct marketing without being registered on the opt-out registry is non-compliant. Agencies running high-volume cold prospecting campaigns face the greatest immediate risk.
- Build an internal do-not-contact register. Even before the NCC registration portal is fully operational, begin recording every opt-out you receive directly from consumers and honour those requests immediately. Do not rely on existing database consent to override a consumer’s express wish not to be contacted.
- Review all outreach scripts and message templates. Every direct marketing communication must clearly identify the agency by name, electronic address, physical address and contact number. Anonymous or generic bulk messages will not be compliant.
- Register as soon as the NCC portal is operational. Submit Annexure P, pay the initial registration fee, and cleanse your full database against the block list before resuming any direct marketing activity. Do not treat registration as optional.
A final note
The regulations are in force. While practical implementation guidance from the NCC is still pending, that does not suspend the underlying obligations. Estate agents who act now to get their documentation in order, map their databases and centralise compliance ownership will be far better positioned than those who wait. The penalties for non-compliance under the Consumer Protection Act are significant, and consumer awareness of opt-out rights is likely to grow as the registry becomes more widely known.
