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

Regulations

General Regulations regarding Housing Consumer Protection Measures

1. Definitions
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(1)In these rules any word or expression to which a meaning has been assigned in the Act shall bear that meaning, and unless the context otherwise indicates—

 

"Agrément certificate"

means a certificate confirming the acceptability of a non standardised design and the conditions pertaining thereto issued by the Board of Agrément South Africa;

 

"associate"

means any person or body that exercises substantial ownership or management influence in respect of the home builder including the holding of shares or interests of not less than 20 percent of issued shares or total interest;

 

"Board of Agrément South Africa"

means a body operating under the delegation of authority of the Minister of Public Works;

 

"Council's registered address"

means Fernridge Office Park, 5 Hunter Street, Ferndale, Randburg;

 

"day"

excludes any day falling within the building industry recess period;

 

''notify"

means to serve as contemplated in section 24 of the Act;

 

"the Act"

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

 

(2)For the purposes of the definition of ''home" in section 1 of the Act, "home" does not include—
(a)boarding houses, hostels, institutional facilities such as hospitals, prisons, orphanages and other welfare accommodation, time share accommodation, hotels or any residential structure which is constructed with less than 75 percent of the floor area designed for residential purposes;
(b)any temporary residential structure, including a shack or caravan;
(c)any home constructed as contemplated in the exclusion paragraphs (i) and (ii) of the definition of "business of a home builder" in section 1 of the Act; and
(d)until the commencement of section 14(2) of the Act, a home forming part of a project, contemplated in section 5(4)(c) of the Act.

 

(3)For the purposes of a claim in terms of section 17 of the Act, "home"–

(a)        includes–

(i)the private drainage system from the structure up to the municipal connection or the cess pit connection;
(ii)any garage or storeroom;
(iii)any permanent outbuilding designed for residential purposes or for a purpose ancillary to residential purposes; and
(iv)any retaining wall,

necessary to ensure the structural integrity of the home, constructed or acquired under the agreement between the housing consumer and the home builder;

(b)includes, in the case of a sectional title unit, the common property in terms of the Sectional Titles Act, 1986 (Act No. 95 of 1986); and
(c)does not include any fence, pre-cast fencing, temporary structure, swimming pool, tennis court, lift, mechanical ventilation or air conditioning system, household appliance, stable or workshop.

 

(4)For the purposes of the category of homes for enrolment in terms of section 14(1) of the Act, "home" includes all homes as defined in the Act or these Regulations, but does not include a home forming part of a project, contemplated in section 5(4)(c) of the Act.

 

(5)For the purposes of the definition of ''business of a home builder" in section 1 of the Act, the business of a home builder includes the activity conducted by a legal entity of buying land and developing such land and constructing homes on such land and the subsequent sale of the legal entity owning the land rather than the land itself.