Your landlord has signed the mandate. The property is in a security estate. And before you can market it, the estate tells you that you need to be “accredited”: sign their agreement and pay their annual estate accreditation fee.

Many rental agents have simply paid. On 20 October 2026 the High Court refused to give estates the blanket go-ahead they asked for, and the judgment carries a warning for agents too. Here’s what it means for you.

⚖️ What the court decided

The Residential Communities Council (RCC), which represents 181 private estates, and the Association of Residential Communities (ARC) asked the High Court in Johannesburg to declare that charging agents a fee to market or sell in an estate is not an undesirable business practice. On 20 October 2026, Acting Judge NS Krüger of the Gauteng Local Division dismissed the application with costs. The judgment was not marked reportable.

The PPRA opposed it, with Rebosa’s support. According to the judgment, the PPRA told the court these fees range from about R5,000 to R50,000 a year.

Be clear on what the court did and didn’t do:

• ✅ It refused blanket protection for every estate’s fee.
• ✅ It said, depending on the facts, these fees may limit an owner’s choice of agent, push up costs and put “yet another hurdle” in front of new practitioners.
• ❌ It did not declare accreditation fees unlawful across the board.
• ❌ It did not find that HOAs and body corporates are property practitioners. That depends on each estate’s founding documents and whether it manages property for gain.

The PPRA’s CEO, Thato Ramaili, says the authority can now decide these matters case by case.

🚨 Why it matters for rental agents: the sting in the tail

Here’s the part most headlines skip. The judge noted that agents who pay these fees “may well fall foul” of the undesirable-practice rules.

Louis Kruger of Kruger Attorneys and Conveyancers puts it plainly: Regulation 35 prohibits the arrangement, and the agent who pays is a party to it. The PPRA may struggle to reach an estate, but it can always reach you. The consequences can include losing your Fidelity Fund certificate, and without one you cannot lawfully earn commission.

He also warns that calling a fee “voluntary” doesn’t automatically make it safe.

This isn’t only a sales issue. Your landlord chose you to find and manage their tenant. A rental agent’s work runs through the whole lease: vetting tenants, collecting rent, handling maintenance and protecting the owner’s investment. Fees that lock agents out take that choice away from the owner, and they hit smaller agencies and new entrants hardest. As WeconnectU’s Jean Joubert put it, owners should be able to choose their agent on merit.

Two things are still open:

1. An appeal. The RCC has not said whether it will apply for leave to appeal.
2. The PPRA’s enforcement pause. In November 2025 the PPRA paused enforcement of Regulation 35 for arrangements between agents and estates, “until the date a final, non-appealable court order is handed down” (PPRA guidance note, 3 November 2025). This judgment is not yet final, and at the time of writing the PPRA had not said publicly whether the pause has ended.

Don’t treat the pause as a safe harbour. Agents who kept paying during the pause had to give estates a written undertaking, and the judge still warned that agents who pay “may well fall foul” of the rules.

Key takeaways

1. The High Court refused estates blanket permission to charge agents accreditation fees, but it did not declare every fee unlawful. Each case depends on its facts.
2. Paying is the risk for you. The judge warned that agents who pay “may well fall foul” of the rules, which can put your Fidelity Fund certificate at risk.
3. Don’t sign or pay an accreditation fee without advice. Get any request in writing and speak to a property attorney, including about agreements you’ve already signed.
4. Follow reasonable security rules, keep the owner’s signed mandate on file, and record every request, refusal and fee demand.
5. Watch for an appeal or a PPRA notice on its enforcement pause. Either could change the picture, and we’ll share updates.

Read more

• Estate fees: the court has spoken, but agents are not off the hook (Property Professional, 26 October 2026)
• Fair access to estates must include rental agents (Property Professional, 26 October 2026)
• Accreditation fees after Residential Communities Council v Minister of Human Settlements (Louis Kruger, Property Professional, 26 October 2026)
• Court ruling puts residential estate agent fees under fresh scrutiny (IOL, 27 October 2026)
• PPRA welcomes High Court ruling on fees charged to property practitioners by residential communities (PPRA, 21 October 2026)
• Guidance note on undesirable business practices (PPRA, 3 November 2025, PDF)

Need help with a situation like this?

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Disclaimer: This article is general information for rental agents and agencies, based on the judgment and public sources available on 29 October 2026. It is not legal advice and should not be relied on as such. Every estate’s situation depends on its own facts, and the position may change if there is an appeal or the PPRA issues new guidance. Speak to a property attorney about your specific situation.