This is the latest version of this By-law.
Collections
Related documents
- Is commenced by Filming By-Law, 2024: Commencement
Ask AI
Ask questions and understand this document faster using AI.
Cape Town
South Africa
South Africa
Filming By-law, 2024
- Published in Western Cape Provincial Gazette 9128 on 29 August 2025
- Commenced on 1 November 2025 by Filming By-Law, 2024: Commencement
- [This is the version of this document from 29 August 2025 and includes any amendments published up to 6 March 2026.]
Preamble
WHEREAS Section 156 of the Constitution, read with local government matters listed in Part B of Schedule 4 and Part B of Schedule 5 of the Constitution, empowers a municipality with the authority to make by-laws for the effective administration of the matters that it has the right to administer and authorises the exercise of any power concerning a matter reasonably necessary for, or incidental to the effective performance of its functions;WHEREAS the City aims to balance economic activities such as filming with other rights contemplated in Chapter 2 of the Constitution;WHEREAS the City seeks to strike a balance between facilitating the growth and development of the industry while safeguarding the rights and interests of the City's residents and thereby intends to regulate short term public nuisances linked to filming;WHEREAS the City recognises the important role that filming plays in the economy of Cape Town and wishes to promote the human right of freedom of expression and is committed to simplifying permission processes in relation to filming within its jurisdiction; andWHEREAS the City intends to provide a one-stop accessible facility for the processing of applications for filming while acting within the parameters of the Constitution and existing applicable legislation;AND NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town, as follows:—1. Definitions
In this By-Law, unless inconsistent with the context—"applicant" means a natural or juristic person who applies for permission to conduct filming activities in the City;"abutting or affected properties" means properties that share a common boundary or properties in close proximity that, while not sharing a common boundary, may be impacted by film-related activity;"authorised official" means an employee of the City responsible for carrying out any lawful duty or function or exercising any lawful power in terms of this By-law and includes an employee delegated to carry out or exercise such duties, functions or powers, which includes:(a)A member of the Cape Town Metropolitan Police Department established in terms of section 64A of the South African Police Service Act, 1995 (Act No. 68 of 1995);(b)A traffic officer appointed in terms of section 3A of the National Road Traffic Act, 1996 (Act No. 93 of 1996);(c)A law enforcement officer declared to be a peace officer in terms of section 334(1)(a) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); and(d)A member of the South African Police Service (SAPS);"City" means the City of Cape Town, a municipality established by the City of Cape Town Establishment Notice No. 479 of 22 September 2000, issued in terms of the Local Government: Municipal Structures Act, 1998, or any structure or employee of the City acting in terms of delegated authority;"filming"(a)means:(i)the preparation of public and private property for the recording of sound and images as well as the recording of sound and images moving or still, whether on film or video tape, electronically, digitally or by any other means and includes all activities related to the filming location where there is an impact on public or private property and which may require the services of the City, or may have any adverse implications for public safety, the environment and local communities;(ii)student film projects where there is an impact on public property, which may require the services of the City or may have any adverse implications for public safety, the environment and local communities;(iii)the recording of digital media on public property on mobile devices such as smartphones, tablet computers, handheld cameras for the creation or sharing of information via virtual communities and social networks for commercial gain; but(b)excludes(i)the recording of a private wedding ceremony or other private celebration or event for the purpose of making a recording thereof for its participants for private purposes;(ii)electronic news gathering or the recording of current affairs or news for immediate broadcast or release;(iii)the recording of digital media on mobile devices such as smartphones, tablet computers and handheld cameras for personal use where there is no impact on the public or any public amenity; and(iv)purpose-built film facilities and other film suitable facilities, including filming facilities at educational institutions, where there is no need for City services or impact on the public or any public amenity;"film permit" means a written permission, with conditions, granted for filming by the City in terms of this By-Law;"Film Permit Office" means the unit responsible for coordinating film permit applications, coordinating the approval and rejection of filming and film-related activities in accordance with this By-law, applicable legislation, as well as the City's legal and operational requirements and for issuing of film permits with appropriate conditions;"film shoot" means the process or activity of filming, photographing or recording of sound and images for the production of film material or digital media for commercial productions or documentaries and includes the preparation of property for filming;"film suitable facility" means a film studio or any other facility or premises designed and built or converted for filming activities with all necessary approvals from the City, including any sound stage or backlot adjoining such facility, and includes filming facilities at educational institutions;"impoundment costs" means all costs incurred by the City in impounding and storing property impounded in terms of this or any other applicable by-law and, where applicable, the costs incurred as a result of the disposal or releasing of the impounded property and any other associated costs;"location" means any area or place, used for filming activity other than a film studio or film-suitable facility, or any sound stage or backlot adjoining a film studio or purpose-built film facility. This area or place may be erected or demarcated by temporary or permanent structures;"permit holder" means a person, whether natural or juristic, or their representative, that has been granted a film permit to conduct filming in terms of this By-law;"person" means any natural person or juristic person recognised by law as the subject of rights and duties;"public place" includes—(a)any public road, parking area, square, park, recreation ground, sports ground, sanitary lane, open space, beach, shopping centre on municipal land, unused or vacant municipal land or cemetery, or any protected or conservation area owned or managed by the City which has—(i)been provided, reserved or set apart for use by the public; or(ii)been dedicated to the public; and(b)public transportation operated by service providers for the City,but does not include public land that has been leased to a 3rd party by the City;"purpose-built film facility" means a place, studio, facility, or property designed and built or converted for filming activities, including any sound stage or backlot adjoining such facility, with all necessary approvals from the City; and"shoot type" means a micro, small, medium, large or very large filming activity as described in Schedule 1.2. Application
This By-law applies to all filming activities undertaken within the jurisdiction of the City of Cape Town.3. Exemptions
4 Requirements for filming in Cape Town
5. Application for a film permit
6. Community consultation
7. Criteria for assessing applications
8. Decisions on film permits
9. Enforcement
10. Compliance notices
11. Right of appeal
12. Offences and penalties
13. Impoundment
14. The City may act and recover costs
15. Indemnity
The City or any authorised official is not liable to a third party for any damage caused by anything lawfully done or omitted by the City or any authorised official in carrying out any lawful function or duty in terms of this By-law.16. Transitional measures
Applications received prior to the promulgation of this By-law will be processed in terms of the City of Cape Town By-law relating to Filming, 2005.17. Repeals
The City of Cape Town By-law relating to Filming, 2005, as promulgated in Provincial Gazette No. 6277 on 24 June 2005, is hereby repealed.18. Short title
This By-law is called the City of Cape Town: Filming By-law, 2024 and comes into operation on a date to be determined by proclamation in the Provincial Gazette.History of this document
01 November 2025
Commenced by
Filming By-Law, 2024: Commencement