Yes — But It's Now Heavily Regulated

For decades, cold calling has been one of the most common ways estate agents generated new business.

A phone call to a homeowner. A knock on the door. An unsolicited SMS or WhatsApp.

While these methods have long been part of the real estate industry, the rules have changed significantly.

From 15 April 2026, new regulations under the Consumer Protection Act (CPA) introduced stricter controls over unsolicited direct marketing in South Africa.

The result? Cold calling isn't illegal—but it has become far more regulated, more expensive to manage, and carries much greater compliance risk.

For forward-thinking estate agents, this represents more than a legal change—it marks a shift in how seller leads will be generated in the future.

What Changed?

The Consumer Protection Act Amendment Regulations, 2026, published in Government Gazette No. 54521, give practical effect to Section 11 of the CPA—the consumer's right to privacy.

One of the biggest changes is the creation of the National Consumer Commission (NCC) National Opt-Out Registry, allowing consumers to formally register that they do not wish to receive unsolicited marketing communications.

This applies across industries—including real estate.

Is Cold Calling Illegal?

No.

Estate agents may still contact homeowners provided they comply with the CPA, POPIA and the new NCC regulations.

However, before engaging in direct marketing, agencies must now meet several legal obligations.

These include:

• Registering as a direct marketer with the NCC.

• Renewing that registration annually.

• Checking their databases against the National Opt-Out Registry every month.

• Removing consumers who have opted out.

• Maintaining internal "do not contact" lists.

• Clearly identifying themselves in every marketing communication.

• Honouring opt-out requests immediately.

Failure to comply can result in serious penalties.

What Counts as Direct Marketing?

Direct marketing includes communications that promote estate agency services directly to an individual, including:

• Cold calling homeowners

• Unsolicited SMS campaigns

• Bulk WhatsApp marketing

• Prospecting emails

• Purchased lead lists

• Door-to-door canvassing

• Any personalised communication encouraging someone to use your services

These activities now fall squarely within the CPA regulations.

What Doesn't Count as Direct Marketing?

This is an important distinction.

Marketing yourself publicly is not the same as directly contacting consumers.

Estate agents are still free to market themselves through public channels, including:

• Their own website

• Social media

• Property portals

• Newspaper advertising

• Sold property marketing

• Just Sold campaigns

• Market updates

• Educational content

• Videos

• Community sponsorships

• Public agent profiles

Similarly, showcasing previous sales, verified results and client reviews is considered ordinary advertising, not direct marketing.

This is one of the reasons why platforms like BestAgent.co.za are becoming increasingly valuable.

The Cost of Non-Compliance

Beyond the administrative requirements, there are also financial costs.

In 2026, agencies engaging in direct marketing face:

• Initial NCC registration fees

• Annual renewal fees

• Monthly database cleansing costs

• Ongoing compliance administration

More importantly, non-compliance may result in:

• Investigation by the National Consumer Commission

• Referral to the National Consumer Tribunal

• Administrative fines of up to R1 million or 10% of annual turnover (whichever is greater)

• Additional professional consequences through industry bodies where applicable

For many agencies, traditional cold calling is becoming a far less attractive business development strategy.

The Industry Is Moving Towards Inbound Marketing

The biggest shift isn't simply legal compliance.

It's how successful estate agents generate business.

Instead of interrupting homeowners with unsolicited calls, leading agents are investing in being found.

This approach is known as inbound marketing.

Rather than chasing sellers, agents create visibility that attracts sellers naturally.

Examples include:

• Publishing market insights

• Sharing recent sales

• Building a strong online profile

• Collecting verified client reviews

• Demonstrating local expertise

• Ranking publicly on trusted platforms

Consumers increasingly research before they enquire.

The agent they find online is often the agent they call first.

Why BestAgent.co.za Fits This New Environment

The new regulations don't stop agents from marketing themselves.

They simply encourage a move away from unsolicited outreach and towards transparent, permission-based marketing.

BestAgent.co.za helps agents do exactly that.

The platform allows agents to showcase:

• Verified property sales

• Public performance rankings

• Average selling prices

• Time on market

• Valuation accuracy

• Verified buyer and seller reviews

• Area expertise

• Professional profile pages

Instead of telling homeowners you're the best agent…

You can show them.

When homeowners search for the best estate agent in their suburb, they can compare agents using real performance data before making contact.

That means the enquiry starts with the consumer—not an unsolicited phone call.

What This Means for Property Sellers

The regulations are also a win for homeowners.

Consumers now have greater control over who contacts them and how.

Rather than choosing the first agent who happens to call, sellers can take the time to compare agents based on measurable performance.

Instead of relying on sales pitches, they can evaluate:

• Verified sales history

• Client reviews

• Local rankings

• Average selling prices

• Market performance

• Time on market

The result is a more informed decision—and often a better selling experience.

Final Thoughts

Cold calling isn't disappearing overnight.

But it's no longer the growth strategy it once was.

As compliance requirements increase and consumers become more selective, successful estate agents will increasingly win business through reputation rather than interruption.

The future belongs to agents who are visible, trusted and easy to find.

And for sellers, that means greater transparency, better information and more confidence when choosing who to trust with one of their biggest financial decisions.

Looking for the best estate agent in your area?

Compare verified agents, real client reviews and proven sales performance at BestAgent.co.za before choosing who to sell your home with.

Choose proof over promises.