Housing Consumers Protection Measures Act, 1998 (Act No. 95 of 1998)

Regulations

Housing Consumer Protection Measures

2. Maximum amount payable from fund
Purchase cart Previous page Return to chapter overview Next page

 

(1) The maximum amount that may be expended from the fund, established in terms of section 15(4) of the Act, in respect of a project enrolled in terms of section 14(2) of the Act is:
(a) in respect of any home, the state housing subsidy draw relating to the top structure current at the time of project enrolment;
(b) in respect of all homes forming part of the housing development project as a whole, a sum of three thousand rand per home enrolled at the date of occupation up to a maximum value of five million rand.

 

(2) The maximum amount that may be expended may include—
(a) any professional fee incurred by the Council in investigating and determining a cost effective method of rectification;
(b) the necessary cost for rectification of any major structural defect and for making good any finishes necessarily damaged by the rectification process; and
(c) reasonable accommodation costs where, in the opinion of the Council, it would be unreasonable for a housing consumer to remain in occupation of the property due to the extensive nature of the remedial works, prescribed at maximum daily rates by the Council up to maximum of five percent of the state housing subsidy draw relating to the top structure current at the date of project enrolment.

 

(4) No amount shall be paid out of the fund in relation to—
(a) any limitation or exclusion prescribed by the Minister in regulation 14 of the Minister's Regulations promulgated by Government Notice No. R1406 of 1999;
(b) consequential or economic loss of any kind or description whatsoever, including damages and penalties for and losses due to delay, breach of contract, or loss of rental income; and
(c) any costs, loss or liability for which compensation is covered under an insurance policy.

 

(5) The Council may, in exceptional circumstances and at its sole discretion, instead of having a defect rectified, make a payment to the housing consumer in full and final settlement of any claim.