Social Housing Act, 2008 (Act No. 16 of 2008)

Rules

Rules in respect of the Transfer of Social Housing Stock or Rights and the Disposal of Social Housing Stock, 2014

Forms

Form A : Application for approval of transfer of social housing stock in terms of Rule 4

Purchase

FORM A

APPLICATION FOR TRANSFER OF SOCIAL HOUSING STOCK IN TERMS OF RULE 4

Please send the completed application form to the Social Housing Regulatory Authority ("the Regulatory Authority") by email to [email protected], or by facsimile to 086 720 2484, or by post to Social Housing Regulatory Authority, Postnet Suite 240, Private Bag X30500, Houghton, 2041, or deliver by hand to Sunnyside Ridge Office Complex, Building B, Ground Floor, 32 Princess of Wales Terrace, Parktown, Johannesburg, South Africa.

Application for transfer of social housing stock in terms of rule 4 of the Rules in respect of the Transfer of Social Housing Stock or Rights and the Disposal of Social Housing Stock, 2013 ("the Rules").

***This application form is to be completed by the Applicant / Transferor***

SECTION A: APPLICANT/TRANSFEROR INFORMATION

Name of Institution:

ACCREDITATION STATUS

[Please tick the appropriate box below.]

Full Accreditation

Conditional Accreditation

TYPE OF ENTITY

[Please tick the appropriate box below.]

Not for Profit Company (NPC)

Municipal Entity

Private Company

Housing Co-operative

Other (please specify)

Institution's Registration number

Year of Establishment

If registered as a NPC, please supply PBO reference number, if any:

Financial Year End

Registered Address

City

Code

Province

Physical Address

City

Code

Postal Address

City

Code

Business Telephone Number

Business Fax Number

E-mail Address

SECTION B: CONTACTS AT TRANSFEROR

Head of Transferor's (e.g. CEO) Contact Details

Title

First Name

Surname

E-mail

Cell Phone Number

Alternative Number

Contact Person 2

Title

First Name

Surname

E-mail

Contact Number

Alternative Number

SECTION B: TRANSFEREE INFORMATION

Name of Institution:

ACCREDITATION STATUS

(Please tick the appropriate box below)

Full Accreditation

Conditional Accreditation

TYPE OF ENTITY

(Please tick the appropriate box below)

Not for Profit Company (NPC)

Municipal Entity

Private Company

Housing Co-operative

Other (please specify)

Institution's Registration number

Year of Establishment

If registered as a NPC, please supply PBO reference number, if any:

Financial Year End

Registered Address

City

Code

Province

Physical Address

City

Code

Postal Address

City

Code

Business Telephone Number

Business Fax Number

E-mail Address

SECTION C: CONTACTS AT TRANSFEREE

Head of Transferee's (e.g. CEO) Contact Details

Title

First Name

Surname

E-mail

Cell Phone Number

Alternative Number

Contact Person 2

Title

First Name

Surname

E-mail

Contact Number

Alternative Number

SECTION D: DETAILS OF SOCIAL HOUSING STOCK

D.1	Please provide details of the social housing stock which is the subject of the application:

(a)	Erf number:

(b)

Size:

(c)

Location:

(d)	In which restructuring zone is the social housing stock located?

(e)	Name of the municipality in whose area of jurisdiction the social housing stock is situated:

(f)	Number of units comprising the social housing stock and the number of units which are occupied and unoccupied:

(g)	Number of buildings comprising the social housing stock:

(h)

Market value of the social housing stock, as determined by a qualified independent property valuer, including a breakdown of the value per unit or building/s (where the market value per unit is not reasonably ascertainable). Should the space provided below for your response be insufficient, then please attach your written response to the application form and number it accordingly. Please also attach any relevant supporting documentation (other than those listed in h.1 and h.2) and number them accordingly:

(h.1)

Please attach a copy of the valuation report prepared by the qualified independent property valuer and number it accordingly.

(h.2)

Please attach a copy of the curriculum vitae of the qualified independent property valuer and number it accordingly.

(i)

Do you intend transferring the whole or a part of the social housing project? If you intend transferring a part of the social housing project, then please describe in detail which part you intend transferring. Should the space provided below for your response be insufficient, then please attach your written response to the application form and number it accordingly:

(j)	Did you acquire, develop or refurbish the social housing stock? (Please tick the appropriate box below.)

Acquired

Developed

Refurbished

(k)

Provide a breakdown of the funding procured for the social housing project. In this regard, indicate the total funding procured in terms of the Institutional Subsidy Programme, the Interim Social Housing Programme, or the Restructuring Capital Grant programme and the total funding procured from private funders. Should the space provided below for your response be insufficient, then please attach your written response to the application form and number it accordingly:

SECTION E: DETAILS OF PROPOSED TRANSACTION

E.1	Please provide a description of the nature of the proposed transfer (e.g. a sale):

E.2	Please provide detailed reasons for the proposed transfer. Should the space provided below for your response be insufficient, then please attach your written response to the application form and number it accordingly:

E.3

Please provide details of the price which the Transferee will pay to take transfer of the social housing stock which is the subject of the proposed transfer (including a breakdown of the price per unit or building). Should the space provided below for your response be insufficient, then please attach your written response to the application form and number it accordingly:

E.4	Please provide a detailed explanation of what the proceeds of the transfer will be used for. Should the space provided below for your response be insufficient, then please attach your written response to the application form and number it accordingly:

SECTION F: TENANTS, TENANTS' RIGHTS AND CONSULTATION

F.1	Please attach a copy of the tenant or membership roll referred to in regulation 3(7)(f) of the Social Housing Regulations published under Government Notice R51 in Government Gazette 34970 of 26 January 2012 ("the Regulations") and number it accordingly.

F.2

Please provide details of the rent which is payable by tenants residing in the social housing stock which is the subject of the proposed transfer and the payment history of such tenants. Should the space provided below for your response be insufficient, then please attach your written response to the application form and number it accordingly:

F.3	Please provide details of the implications of the proposed transfer in relation to the rights of tenants. Should the space provided below for your response be insufficient, then please attach your written response to the application form and number it accordingly:

F.4	Did you consult with the tenants (or a committee of representatives mandated by them) residing in the social housing stock in relation to the proposed transfer? (Please tick the appropriate box below.)

Yes

F.5	If you consulted with the tenants (or a committee of representatives mandated by them), then please attach the following documents to the application form and number them accordingly:

F.5.1

written proof of consultation with the tenants (or a committee of representatives mandated by them), as contemplated in rule 4.4.19 of the Rules; and

F.5.2

copies of any written comments or objections provided by the tenants (or a committee of representatives mandated by them) in relation to the proposed transfer, as contemplated in rule 4.4.20 of the Rules.

F.6

In the event that you received objections from the tenants (or a committee of representatives mandated by them), please provide a detailed explanation of the steps which you took to resolve the objections and confirm whether the objections have been resolved. Should the space provided below for your response be insufficient, then please attach your written response to the application form and number it accordingly. Should you have indicated that the objections have been resolved, then please attach written proof thereof to the application form and number such proof accordingly.

F.7

Please provide an explanation of the outcome of the consultation process with the tenants (or a committee of representatives mandated by them). Should the space provided below for your response be insufficient, then please attach your written response to the application form and number it accordingly:

SECTION G: PRIVATE FUNDERS

G.1	Did you notify all private funders who provided funding in respect of the social housing project, and in respect of which your obligations are still outstanding, in writing of the proposed transfer? (Please tick the appropriate box below.)

Yes

Not applicable

G.1.1

If you ticked yes, then please attach written proof of notification to the application form and number such proof accordingly.

G.2	Did you solicit and obtain the written approval of such funders? (Please tick the appropriate box below.)

Yes

Not applicable

G.2.1

If you ticked yes, then please attach the written approval of such funders to the application form and number such comments accordingly.

SECTION H: MOTIVATION

H.1

Please provide detailed reasons as to why the Regulatory Authority should approve the transfer. Should the space provided below for your response be insufficient, then please attach your written response to the application form and number it accordingly. Please also attach any relevant supporting documentation and number them accordingly. Should the space provided below for your response be insufficient, then please attach your written response to the application form and number it accordingly:

SECTION I: OTHER IMPORTANT DOCUMENTS

I.1	Please attach a copy of the draft transfer agreement contemplated in rule 4.4.15 of the Rules to the application form and number it accordingly.

I.2	Please attach a copy of the letter from the Transferee on its letterhead contemplated in rule 4.4.16 of the Rules to the application form and number it accordingly.

I.3	Please attach copies of the sworn undertakings from the Transferor and the Transferee contemplated in rule 4.4.17 of the Rules to the application form and number them accordingly.

I.4

Please attach a copy of the sworn undertaking from the Transferee contemplated in rule 4.4.18 of the Rules to the application form and number it accordingly (unless the undertaking was incorporated into the sworn undertaking of the Transferee contemplated in H.3, in which case, it will be sufficient to attach the undertaking of the Transferee contemplated in H.3.).

SECTION J: ANY OTHER RELEVANT FACTORS

J.1

Please elaborate on any other relevant factors which have a bearing on the application. Should the space provided below for your response be insufficient, then please attach your written response to the application form and number it accordingly. Please also attach any relevant supporting documentation and number them accordingly.

SECTION K: NOTICE OF DECISION

K.1	How would you prefer to be informed of the Regulatory Authority's decision? Please tick the appropriate box below.

Facsimile

By post

DECLARATION

I, the undersigned, being the duly authorised signatory of the above Applicant hereby acknowledge and warrant that:

(1)	All information given is true, accurate and correct. I have reviewed the information and confirm the correctness thereof.

(2)	I have provided all information which is directly relevant and material to my application.

(3)	I consent to the Regulatory Authority undertaking any checks it may deem necessary to verify any information.

The above information is correct at the time of completion. Signed on behalf of the Applicant/Transferor.

NAME		SIGNATURE
DESIGNATION		DATE:

**Please attach proof of authorisation (e.g. Resolution from Board) and number it accordingly.

Social Housing Act, 2008 (Act No. 16 of 2008)

Rules

Rules in respect of the Transfer of Social Housing Stock or Rights and the Disposal of Social Housing Stock, 2014

Forms

Form A : Application for approval of transfer of social housing stock in terms of Rule 4

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