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

The housing subsidy

A housing subsidy is a grant which is used to assist households who qualify to build or buy a house, and does not have to be paid back. The subsidy money is not given directly to you. Instead it is paid to the developer who builds the house, or to the seller of an existing house. The developer can be a private company, a local authority or a community organisation.

WHO CAN APPLY FOR A HOUSING SUBSIDY?

You can apply for a housing subsidy if you:

  • Are a South African citizen over 18 years of age
  • Are a single person with dependants (e.g. children you are responsible for) and have an income of less than R202 888 per month
  • Are married or live with a long-term partner and have a combined income of less than R202 888 per month
  • Have never received any other housing subsidy from the government
  • Have never owned a property anywhere in South Africa
  • You and your family will live on the property bought with the subsidy

It is very important to be aware of the following:

  • You will only ever get one housing subsidy (except for a consolidation subsidy). If you decide to sell your RDP house you will not qualify again for a subsidy for another RDP house.
  • The names of both partners go on the database. If you split up with your partner you will not get another subsidy with your new partner.

WHAT IS A HOUSEHOLD?

To apply for a subsidy you have to be part of a household. The subsidy scheme recognises a household as:

  • Couples who are married or who live together
  • Single people with dependants (e.g minor children, old or disabled people who rely on them for financial assistance)

Single people who live on their own do not qualify for a government housing subsidy, although they can still rent council houses.

APPLYING FOR A HOUSING SUBSIDY

GETTING YOUR NAME ON THE WAITING LIST

People often ask how they can put their names on the housing waiting list. Due to the big housing backlog, not everyone who wants to get a house can get one immediately. People who earn enough money to buy a house can go to the bank and take a loan and buy a house without the support of the government. But if you earn less than R3 500 per month and you qualify in all the other ways listed above, then you can apply to get government assistance to get a house.

Local government is responsible for the delivery of housing and most local governments have housing departments. You can put your name on the waiting list at the housing department of the local council offices. Many municipalities have set up help desks to assist families with housing problems.

National government has also established a National Housing Needs Register (NHNR) which is a central database to register an application for housing. It gives households the opportunity to register their need for adequate shelter by providing information about their current living conditions, and household composition and to indicate the type of housing assistance they require from government.

CHECKING IF YOUR NAME IS LISTED ON THE HOUSING WAITING LIST

Some people complain that they have been on the housing waiting list for a long time but they have not yet received a house. The problem with the waiting list is that there is more than one and there are different systems for allocating houses. You might be listed on a Municipal Housing Demand Database or your province’s Housing Needs Register. It might be best to take your proof of registration to the office where you applied and ask them where you are on the list.

The following are ways for people to check their status:

1. Log onto the Housing Subsidy Portal at hssonline.gov.za and enter your ID number.

2. Go to your municipal office. Take your copy of your C Form so they can check where you are on the waiting list.

3. SMS 44108 and type in your ID number.

4. Phone the toll-free housing number at 0800 146 873.

5. Email info@dhs.gov.za and give them your ID number.

Any one of these should tell you what the situation is with your house. But it can take years before your house is allocated to you.

When your house is ready to be allocated, the municipality will inform you that you must come in and sign a Service Agreement, and you will then be given the keys to the house and the title deeds.

If the title deeds are not available when you get your house, do not stop checking when they will be ready, because it is only the title deeds that make you the legal owner of your house.