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Comment on Property Practitioners Regulations Extended

October 8, 2020

Department of Human Settlements

The comment period for the Draft Property Practitioners Regulations has been extended.

In a statement, the human settlements department announced that comment is now invited until 20 November 2020.

The draft regulations were published for comment in Government Gazette 43073 in March 2020.

The draft regulations flow from the Property Practitioners Act, signed by president Ramaphosa in October 2019.

The Property Practitioners Act seeks to:

• provide for the regulation of property practitioners;
• provide for the continuation of the Estate Agency Affairs Board as the Property Practitioners Regulatory Authority;
• provide for the appointment of the members of the Board and matters incidental thereto;
• provide for the appointment of the Chief Executive Officer and other staff members of the Authority;
• provide for transformation of the property practitioners sector;
• provide for the establishment of the transformation fund and establishment of the research centre on transformation;
• provide for compliance with and enforcement of the provisions of the Act;
• provide for the continuation of the Estate Agents Fidelity Fund as the Property Practitioners Fidelity Fund;
• provide for consumer protection;
• provide for the repeal of the Estate Agency Affairs Act, 1976; and
• provide for matters connected therewith.

The act will come into effect on a date still to be determined by the president.

Issues covered in the draft regulations include manner and form of applying for exemption; manner and form of raising objection to exemption; exemption from trust accounts; transformation; compliance, enforcement and dispute resolution; fees and the fidelity fund; fidelity fund certificates; trust accounts and details of auditor; training, conduct and consumer protection measures and administrative and other matters.

In a statement in May 2020, the department pointed out that most scheduled public hearings on the proposed regulations were cancelled due to the nationwide COVID-19 lockdown.

Information sessions are now planned for October and November 2020.