For many South Africans, their home is their biggest investment. Whether you own a house, rent out property or run a business, protecting that property matters.

That is why the government is proposing changes to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, better known as the PIE Act.

The proposed amendments are intended to strengthen action against organised illegal occupations while ensuring that evictions continue to follow the legal process. Importantly, these changes are not law yet. The Bill is still open for public comment, with submissions closing on 6 August 2026.

What Is the PIE Act?

The PIE Act is the law that deals with people occupying land, homes or buildings without the owner's permission.

It sets out the legal process that property owners, municipalities and the courts must follow before anyone can be evicted. The Act was introduced to balance two important rights: protecting private property while also protecting people from unlawful or unfair evictions.

The proposed Bill does not replace the PIE Act. Instead, it updates parts of the law to deal more effectively with organised land invasions and unlawful occupation.

What Is Unlawful Occupation?

In simple terms, unlawful occupation means moving onto land or into a property without the owner's permission.

This could include:

Moving into a vacant house without permission.

Occupying an empty building.

Setting up structures on private or public land without approval.

Organising or encouraging others to occupy property illegally.

It does not include:

• A tenant who legally rents a property.
• Someone is staying with the owner's permission.
• A homeowner who has fallen behind on bond repayments.

Different laws and legal processes govern those situations.

What Is Changing?

One of the biggest proposed changes focuses on people who organise, encourage or incite unlawful occupations.

Rather than only dealing with illegal occupation after it has happened, the Bill proposes making it a criminal offence to organise or encourage these actions.

If convicted, offenders could face:

• A fine of up to R2 million.
• Up to two years' imprisonment.
• Or both, depending on the circumstances.

The Bill also proposes stronger measures against organised groups that profit from or coordinate unlawful occupations.

What Isn't Changing?

The proposed amendments do not give property owners the right to remove occupiers themselves.

A court order would still be required before anyone can legally be evicted.

Courts would also continue to consider each case individually, including the circumstances of vulnerable occupiers and whether alternative accommodation should be provided where required by law.

Government says the aim is to strengthen protection against organised land invasions while maintaining the constitutional safeguards already contained in the PIE Act.

Why the Government Wants to Change the Law

According to the Department of Human Settlements, the current law can be interpreted differently by different courts, resulting in lengthy legal disputes and uncertainty for property owners, municipalities and communities.

Government says the proposed amendments are intended to provide clearer legal procedures, improve consistency in how the law is applied and help authorities respond more effectively to organised unlawful occupations.

Before You Go

• The PIE Amendment Bill is still a draft and has not become law.
• Public comments are open until 6 August 2026.
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• The proposed changes target organised illegal occupations and those who encourage them.
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• Property owners would still need a court order before anyone can legally be evicted.
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• Existing constitutional protections for lawful eviction processes would remain in place.
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The Bottom Line

The proposed amendments are aimed at creating clearer legal processes while strengthening action against organised illegal occupations of land and property.

If Parliament approves the Bill, it could become one of the most significant updates to South Africa's property laws in years. For now, however, nothing changes until the legislative process is complete, and South Africans still have the opportunity to comment on the proposed amendments before they are considered for adoption.