Housing Development Schemes for Retired Persons Act, 1988 (Act No. 65 of 1988)

1. Definitions

Purchase

In this Act, unless the context indicates otherwise—

"alienate"

in relation to a housing interest, means—

(a)	sell, exchange, lease, donate, grant or otherwise dispose of or place at disposal; or

(b)	the making of an irrevocable offer to acquire the interest for consideration;

"architect"

means an architect as defined in section 1 of the Architects Act, 1970 (Act No. 35 of 1970);

"consideration"

in relation to the alienation of a housing interest, means the purchase price and interest thereon (but excluding occupational interest), rent or other consideration which is payable or must be rendered in terms of the contract concerned;

"contract"

means a document in terms of which a housing interest is alienated to a retired person, and includes any agreement or agreements which together have the same import, whatever form the agreement or agreements may take;

"debilitated person"

means a debilitated person as defined in section 1 of the Aged Persons Act, 1967 (Act No. 81 of 1967);

"developer"

(a)	means a share block developer as defined in section 1 of the Share Blocks Control Act;

(b)	means a developer as defined in section 1(1) of the Sectional Titles Act;

(c)	in relation to a housing interest, includes any person, or his agent or successor in-title, who alienates the interest for the first time;

"development scheme"

means a development scheme as defined in section 1(1) of the Sectional Titles Act;

"estate agent"

means an estate agent as defined in section 1 of the Estate Agents Act, 1976 (Act No. 112 of 1976);

"housing development scheme"

means any scheme, arrangement or undertaking—

(a)

in terms of which housing interests are alienated for occupation contemplated in section 7, whether the scheme, arrangement or undertaking is operated pursuant to or in connection with a development scheme or a share block scheme or membership of or participation in any club, association, organization or other body, or the issuing of shares, or otherwise, but excluding a property time-sharing scheme; or

[Paragraph (a) substituted by section 1 of Act No. 20 of 1989]

(b)	declared a housing development scheme by the Minister by notice in the Gazette for the purposes of this Act;

"housing interest"

in relation to a housing development scheme, means any right to claim transfer of the land to which the scheme relates, or to use or occupy that land;

"insolvent"

means—

(a)	any person whose estate is under sequestration in terms of the Insolvency Act, 1936 (Act No. 24 of 1936);

(b)	any insolvent deceased estate which is being dealt with in terms of section 34(2) of the Administration of Estates Act, 1965 (Act No. 66 of 1965);

(c)	any juristic person in liquidation which is unable to pay its debts;

(d)	any person whose estate is being dealt with in terms of section 28(5) of the Agricultural Credit Act, 1966 (Act No. 28 of 1966);

"land"

in relation to a housing development scheme, means land which is used or intended to be used mainly for residential purposes, including any unit and any undivided share in land;

"levy"

means the amount payable as a contribution to the costs of the control, management and administration of a housing development scheme;

"Minister"

means the Minister of Economic Affairs and Technology;

"practitioner"

means a practitioner as defined in section 1 of the Attorneys Act, 1979 (Act No. 53 of 1979);

"property time-sharing scheme"

means a property time-sharing scheme as defined in section 1 of the Property Time-sharing Control Act, 1983 (Act No. 75 of 1983);

"purchaser"

means any person to whom a housing interest is alienated in terms of a contract;

"quantity surveyor"

means a quantity surveyor as defined in section 1 of the Quantity Surveyors Act, 1970 (Act No. 36 of 1970);

"registrable"

in relation to land, means capable of being registered as the subject of a separate title deed in a deeds registry as defined in section 102 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), in that the requirements of any law relating to such registration have been complied with;

"regulation"

means a regulation made under section 11;

"retired person"

means a person who is 50 years of age or older;

"right of occupation"

means the right of a purchaser of a housing interest—

(a)

which is subject to the payment of a fixed or determinable sum of money by way of a loan or otherwise, payable in one amount or in instalments, in addition to or in lieu of a levy, and whether or not such a sum of money is in whole or in part refundable to the purchaser or any other person or to the estate of the purchaser or of such other person; and

(b)

which confers the power to occupy a portion in a housing development scheme for the duration of the lifetime of the purchaser or, subject to section 7, any other person mentioned in the contract in terms of which the housing interest is acquired, but without conferring the power to claim transfer of the ownership of the portion to which the housing interest relates;

[Paragraph (b) substituted by section 1 of Act No. 66 of 1991]

"Sectional Titles Act"

means the Sectional Titles Act, 1986 (Act No. 95 of 1986);

"seller"

means any person who alienates a housing interest in terms of a contract;

"share block scheme"

means a share block scheme as defined in section 1 of the Share Blocks Control Act;

"Share Blocks Control Act"

means the Share Blocks Control Act, 1980 (Act No. 59 of 1980);

"this Act"

includes the regulations;

"unit"

means a unit as defined in section 1(1) of the Sectional Titles Act.