Chapter 11
Related Sections
1
INTRODUCTION
2
LAND
3
What is the government’s land policy?
4
Laws and court cases that apply to the land reform programme
5
Municipal governments and their role in land, land tenure and evictions
6
Land restitution
7
Land redistribution and land grants
8
Other land reform initiatives
9
Land tenure reform
10
Extension of Security of Tenure Act (ESTA) (No 62 of 1997) and the Extension of Security of Tenure Amendment Act (No 2 of 2018)
11
Land Rights Management Board and Committees
12
Possible repeal of ESTA and the Land Tenure Security Bill
13
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) (No 19 of 1998)
14
Dealing with land claims and other land reform disputes – the Land Claims Court
15
Spatial Planning and Land Use Management Act (No 16 of 2013) (SPLUMA)
16
HOUSING
17
What is the government’s housing policy?
18
Laws passed to ensure access to quality housing
19
The housing subsidy
20
Types of housing subsidies
21
The role of development workers in helping people to access housing subsidies
22
The role of local government and housing
23
BUYING A HOUSE
24
The offer to purchase
25
Transfer
26
Defects in a house
27
RENTING A HOUSE
28
Tenants, landlords and leases
29
The Rental Housing Act (No 50 of 1999)
30
Rental Housing Amendment Act (No 35 of 2014)
31
EVICTIONS FROM RENTED PROPERTY
32
Trespassing
33
PROBLEMS
34
Problem 1: A landlord applies for a civil eviction order
35
Problem 2: Being arrested and charged with trespassing
36
Problem 3: Protecting dismissed farmworkers against eviction
37
Problem 4: Protecting labour tenants against losing land
38
Problem 5: Provision of land, housing and services for homeless people
39
Problem 6: Negotiating to upgrade an informal settlement
40
Problem 7: Applying for an individual housing subsidy
41
Problem 8: Common problems in renting a house or flat
42
Problem 9: Falling behind on rent, rates and service payments to the local council
43
Problem 10: The hidden costs of buying a house
44
Problem 11: Falling behind on bond payments
45
Problem 12: Problems with a house you bought
46
Problem 13: Getting money from the Land Bank for farming
47
CHECKLISTS
48
Checklist: General Land and Housing
49
Checklist: Paying off a house that you have bought

Laws passed to ensure access to quality housing

The following are some of the important laws and regulations to assist people with access to quality housing:

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 of 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 in the Rental Housing Amendment Act (No 35 of 2016).

THE HOME LOAN AND MORTGAGE DISCLOSURE ACT (NO 63 OF 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 (NO 95 OF 1998)

This Act protects new homeowners 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 (NO 4 OF 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.

SOCIAL HOUSING ACT (NO 16 OF 2008)

Increased access to rental accommodation in South Africa’s cities is recognised as a priority as many people cannot afford to buy property in urban areas. However many of the people who need rented accommodation in the city cannot afford to pay high rentals but they also often belong to households whose incomes exceed the RDP housing subsidy limit. To assist people in this category, public subsidies are needed. This is the goal of the social housing programme.

The Social Housing Act aims to establish and promote a sustainable social housing environment and it defines the functions of the national provincial and local spheres of government with respect to social housing. The Social Housing Act requires approved social housing projects to be delivered through accredited social housing institutions (SHI) that are regulated by the Social Housing Regulatory Authority. SHI are legal entities responsible for building and managing social housing.

INFORMAL SETTLEMENTS UPGRADING PARTNERSHIP GRANT (ISUPG)

The Informal Settlements Upgrading Partnership Grant (ISUPG) is a conditional grant that provides funding to municipalities for the upgrading of informal settlements. The funding aims to facilitate a programmatic, inclusive and municipality-wide approach to upgrading informal settlements and sets new conditions for provincial departments of human settlements and metropolitan municipalities that will receive this grant. Grants are available to municipalities and Provinces.