The draft PIE Amendment Bill 2026: What it means for community schemes and their owners

The Department of Human Settlements has gazetted the draft Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill, 2026 (“the Bill”) for public comment. For the community scheme sector, bodies corporate, homeowners’ associations, and the individual owners, it represents the most significant recalibration of South African eviction law in more than two decades while also creating a rare opportunity for direct industry participation before 15 June 2026.

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (“the PIE Act”) governs the eviction of any person from residential property in South Africa. Together with section 26(3) of the Constitution, it sets out when, how, and on what basis a court may grant an eviction order. The PIE Act applies whether the applicant is a national government department, municipality, body corporate seeking to remove an unauthorised occupier from common property or an individual owner attempting to recover possession of a unit. 

The Act has been tested extensively in the Constitutional Court and remains the primary statutory protection for occupiers against arbitrary deprivation of housing. 

Importantly, the Bill does not replace the PIE Act. Its express purpose is to make the existing framework more effective, easier to interpret, and simpler to enforce. The drafters’ starting point is the increase in unlawful land and building occupations, which has placed mounting financial and administrative pressure on both the state and the private sector, alongside the inconsistent interpretation of the current Act, which has contributed to lengthy court processes, inconsistent outcomes, and escalating legal costs. 

In substance, the Bill attempts a recalibration of the Act to cater for current issues faced in the South African property industry.  The constitutional protections afforded to genuinely vulnerable occupiers remain preserved. What changes is the position of those who exploit the existing framework, those who organise occupations, sell plots they do not own, or collect “rent” on premises to which they have no right. These actors, until now largely untouched by PIE, become the new focus of enforcement. 

Several proposed changes will have a direct impact on the community scheme sector. 

Written submissions can be lodged with the Department at PIE.AmendmentBill@dhs.gov.za before 15 June 2026. The Department has indicated that the revised Bill will be returned to Parliament in late July or early August 2026, after which it will be referred to the Portfolio Committee on Human Settlements for public hearings, then to the National Council of Provinces, before being submitted for the President’s approval . Each stage offers a further opportunity for industry input. 

Two issues warrant close attention from our sector.  

1. The Bill’s mandatory mediation mechanism applies only where a municipality owns the affected land. There is no obvious reason in principle why structured pre-litigation engagement should not extend to community scheme contexts, where mediation has long proved effective under the Community Schemes Ombud Service Act 9 of 2011. A submission inviting the drafters to broaden the provision would be well-founded.
   
2. Whilst the widened definition of “person in charge” may capture bodies corporate and managing agents, express clarification, cross-referenced to the STSMA, would remove any doubt. 

Critics have raised constitutional concerns, arguing that the Bill criminalises poverty. In our view, the drafters have calibrated the reforms against unlawful conduct rather than against the protections that underpin South African eviction jurisprudence but implementation will need to honour that calibration carefully. Engaged industry input during the comment period is the most effective way to ensure the final text strikes the right balance. 

The Bill represents the most substantial reform of South African eviction law in more than two decades. For owners, trustees, managing agents, and the schemes they serve, it also presents a rare opportunity to help shape the legal framework before it is finalised. 

Delay is decay. The comment window is open but it will not remain open for long.

Image of Minister Thembi Simelane sourced from the Government Communication and Information System’s (GCIS) X Account on 16 April. Media posts by Department of Human Settlements (@The_DHS) / X