Oct 9, 2025
South Africa

How new estate and complex rules will affect you and your landlords

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https://payprop.webflow.io/blog-posts/how-new-estate-and-complex-rules-will-affect-you-and-your-landlords
Complexes told to tear up rules

A recent directive from the Community Schemes Ombud Service (CSOS) introduces big changes for property owners and tenants in estates and complexes, according to property experts.

Under the directive published in July, schemes that have set “undesirable rules” must remove them. CSOS hasn’t published a complete list, but have shared a few examples that may affect your landlords including:

  • Rules requiring disputes between owners – or between the owner and the body corporate – to be resolved through private arbitration
  • Any rule that debits or charges members without either their consent or a ruling from a judge, adjudicator or arbitrator
  • Rules preventing owners from choosing an alternative domicile in case they don’t reside in their unit
  • Any rule under which the body corporate can force an owner to evict a tenant

Some rules affecting tenant behaviour must also be scrapped. Complexes may not prevent occupiers from eating on the common property, using or growing cannabis in their own units, or slaughtering animals for religious or cultural purposes (although they may be required to give notice of this).

Property practitioners should further note that body corporates may no longer restrict the letting or sale of units to certain specified property practitioners, which will end local monopolies and open up competitive opportunities in estates and complexes.

“The directive marks a pivotal step towards harmonising governance in South Africa’s community schemes,” says Jan Davel, Head of Regulatory Compliance and Risk at PayProp. “Beyond addressing unfair practices, it provides clear guidelines to foster inclusive, well-maintained estates and complexes. This initiative not only safeguards property values but promotes a sense of community by ensuring rules align with fairness and constitutional principles.”

The complete directive can be found at the CSOS website here: https://csos.org.za/wp-content/uploads/2025/07/CSOS-Consolidated-Practice-Directives-2025-approved.pdf

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