MAIN IMAGE: Jabulani Mbeje – head of legal services at the NCC, Adri Bester – director of Van Deventer & Van Deventer Incorporated
Senior writer
The recent amendments to the Consumer Protection Act (CPA) regulations have triggered significant debate, frustration, and anger across the property sector, with misinformation and misunderstanding muddying the facts considerably. To be categorically clear: the amendments do not prohibit estate agents from marketing their services, but they do introduce a far more structured framework for how consumers may be contacted, how databases must be managed, and how opt-out rights must be respected.
Jabulani Mbeje, head of legal services at the NCC (the National Consumer Commission), confirmed at a recent Rebosa webinar that some unresolved implementation issues remain. He was joined by attorney Adri Bester, director of Van Deventer & Van Deventer Incorporated, and Jan le Roux, CE of Rebosa.
The timeline
The regulations are active, but enforcement is delayed during a transitional period. From 1 July to 30 September 2026, the registration portal will be open, and direct marketers can continue operating without immediate enforcement action. From 1 October 2026, full compliance is expected: direct marketers must be registered, and databases must be cleansed monthly against the NCC opt-out registry.
Registration is mandatory. “If you conduct direct marketing, it is mandatory to register as a direct marketer,” said Mbeje. “It is not optional.” Registration is done at www.thencc.org.za via the eService and OORs section. Select New Marketer, accept the terms and conditions, complete the registration form, and await email confirmation. Each company registers once using its CIPC number and must nominate a responsible person to manage registration and cleansing.
Monthly cleansing is equally mandatory. “Cleansing is the process by which direct marketers remove from their database all consumers who have opted out,” Mbeje explained. It must happen at least monthly because consumers may opt out or back in at any time.
All communications must clearly identify the sender by name, contact details, physical address, and marketer registration details. Anonymous or untraceable marketing is strictly prohibited.
What will it cost?
- Registration fee: R2,574.00 in 2026; R2,702.70 in 2027; R2,837.84 in 2028.
- Annual renewal: R2,027.03 in 2027; R2,128.38 in 2028; R2,234.80 in 2029.
- Cleansing fee: R0.12 per record in 2026, rising by R0.02 annually to R0.18 in 2029.
Failure to pay results in limited system access; cleansing cannot proceed without payment.
Non-compliance carries fines of up to R1 million or 10% of annual turnover. “The provisions of the CPA clearly state that failure to comply with the judgment of the National Consumer Tribunal is a criminal offence,” said Mbeje, with convicted persons liable for fines or imprisonment of up to 12 months.
Who must register, and what is prohibited
The question of who must register remains unresolved. Bester’s view is that the agency, as the legal entity that owns the database and bears CPA accountability, should register at the firm level. Franchise groups will need to review agreements accordingly. The system currently supports company registration only; individual registration functionality is still being developed.
The amendments do not prohibit lawful marketing; they prohibit only unsolicited marketing. Lower-risk activities include responses to consumer enquiries, communications under existing mandates, and transaction updates. High-risk activities include farming calls, bulk WhatsApp campaigns, purchased lead lists, and unsolicited SMS campaigns. “Whether every single property-related communication constitutes direct marketing will depend on the absolute purpose, content, and relationship between the parties,” said Bester.
Agencies should also review whether existing consent records remain valid. POPIA and the CPA apply simultaneously and independently: a consumer who previously consented under POPIA may still register a CPA opt-out, and that opt-out must be respected.
Compliance and what to do now
Compliance cannot rest with individual agents. Bester recommends centralised management at the firm or head office level, covering database control, monthly cleansing, suppression lists, template approval, and audit trails. Individual agents comply with operational requirements and honour opt-outs immediately.
For micro-agencies and sole operators, the compliance burden is real. Alternatives to bulk prospecting include referral programmes, neighbourhood engagement, educational events, market reports, and inbound leads from a website or social media.
Rebosa continues to engage with regulators. Agencies are encouraged to use the transitional period to review databases, update policies, and train staff. The regulations may still evolve, but the direction is clear: the future of estate agency marketing will be built on consent, transparency, and trusted relationships.
NCC contact: 012 065 1940 or www.thencc.org.za
