| 1) | The Council may withdraw the registration of a home builder where the home builder has been found guilty by the disciplinary committee on a charge that such home builder- |
| a) | has failed to comply with any provision of or obligation in terms of this Act and fails to comply with a notice from the Council requiring rectification of that failure; |
| b) | has consistently failed to comply with any one or more provision of or condition or obligation in terms of this Act- |
| i) | where the Council has notified the home builder of its intended withdrawal of the home builder’s registration with the Council, and has requested the home builder to provide reasons as to why the Council should not withdraw the home builder’s registration with the Council; and |
| ii) | where the Council is not satisfied, on reasonable grounds, that the home builder will comply with any particular provision of or condition or obligation in terms of this Act; |
| c) | has failed to comply with a notice from the Council requiring the home builder to pay amounts due to the Council on account of any fee, charge or levy or any costs incurred or expended by the Council related to the failure of the home builder to comply with section 13(2)(b)(i); |
| d) | has contravened the code of conduct made under the Rules; or |
| e) | has failed to respond to correspondence from the Council. |
| 3) | Where the Council has information that would- |
| a) | enable the Council to act in terms of subsection (1); and |
| b) | require immediate intervention by the Council in the interest of housing consumers, |
the Council, after having notified the home builder and after having allowed the home builder an opportunity to urgently respond to the Council, may suspend the registered home builder’s registration or refuse to enrol homes for the period that the Council deems to be necessary to investigate the matter or until the registered home builder has complied with the relevant provision of or condition or obligation in terms of this Act, as the case may be.
