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

Regulations

General Regulations regarding Housing Consumer Protection Measures

12. Terms and conditions for renewal of registration

 

(1) A home builder must annually, prior to the renewal date, apply for the renewal of its registration.

 

(2) The Council must notify a home builder of the home builder's obligation to renew the home builder's registration one month prior to its expiration.

 

(3) The Council must thereafter, if necessary, issue two further notices to serve to remind the home builder of the need to renew.

 

(4) From the date of expiration of a home builder's annual registration, the Council may suspend enrolments in terms of section 11(3) of the Act until such time as the home builder has renewed its registration.

 

(5) The notice requiring renewal may request the home builder to confirm the accuracy of the data maintained by the Council on the database referred to in section 9 of the Act and in relation to homes enrolled with the Council in the previous year or other years.

 

(6) The Council may in respect of the failure of the home builder to renew its registration, withdraw the registration of the home builder after instituting disciplinary proceedings in terms of section 11 of the Act.

 

(7) The failure to renew annual registration or the withdrawal of registration pursuant to section 11 of the Act does not affect the obligations of the home builder at the time in respect of housing consumers or in respect of the Council.

 

(8) If a home builder has been registered with the Council but has failed to renew his annual registration and wishes to re-register, the home builder may make application to the Council for registration.

 

(9) The Council must, in the circumstances contemplated in subregulation (8), consider the home builder's registration against the requirements of registration in terms of section 10 of the Act having regard to the previous registration history of the home builder.