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Laws Passed to Ensure Access to Quality Housing

The following are some of the important laws that have been passed to ensure people have access to quality housing:

Development Facilitation Act No 67 of 1995

This Act makes it possible to speed up land development, especially the provision of serviced land for low-income housing. It can help poor people, in that it makes it easier for local authorities to provide land and services faster.

In June 2010 however, the Constitutional Court ruled that certain sections of the Development Facilitation Act were unlawful as they undermined local government’s primary jurisdiction over urban planning and zoning. The court gave the government 24 months to remedy the situation. The Act will continue to apply outside of the municipalities of Johannesburg and eThekwini until June 2012.

Housing Act No 107 OF 1997

This Act makes provision for all the different levels of the state and various other bodies to assist those most in need to get housing.

The Rental Housing Act No 50 of 1999

This Act deals with the relationship between landlords and tenants and it applies to all written or verbal lease agreements entered into on or after 1 August 2000. Important amendments were made to the Rental Housing Act.

(See: Rental Housing Act)

The Home Loan and Mortgage Disclosure Act (2000)

This law ensures that banks lend money to all communities and do not refuse to give bonds to some communities while giving to others.

The Housing Consumer Protection Measures Act (1998)

This Act protects new home owners from getting poorly built houses by ensuring that all builders are registered with the National Home Builders Registration Council, and all new houses are enrolled under the Defect Warranty Scheme. Builders must comply with certain building standards and houses must be at least 30 square meters in size.

Housing Amendment Act (2001)

This Act gives the housing minister the power to decide procurement policy on housing development so that, for example, local building materials or local labour can be used in a construction project. It also limits the sale of state subsidised houses.

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