Notice 64 of 2015

28 January 2015

GG 38427

Department of Human Settlements

The Social Housing Regulatory Authority ("SHRA") is the regulator of social housing in the Republic of South Africa and derives its mandate from the Social Housing Act , Act 16 of 2008 ("the Act") and the Social Housing Regulations ("Regulations"). The mandate of the Regulatory Authority is to invest in projects in the social housing sector ("the sector") and regulate the sector.

In terms of Section 11(3)(h) of the Act, "The Regulator must, subject to the provisions of this Act consider applications from social housing institutions to dispose of properties developed, refurbished or purchased with the assistance of public funding and approve or refuse applications on the basis of compliance with the investment criteria forming part of the regulations".

Furthermore, in terms of Section 11(4)(a)(i) to (v) of the Act, "The Regulator may, subject to the provisions of this Act and by notice in the Gazette make rules, not in conflict with the regulations, giving effect and detailed content to the regulations, prescribing necessary standards, ratios, procedures, requirements, forms and returns, further regulating the conduct of social housing institutions, prescribing procedures for compliance monitoring and the enforcement of compliance, including intervention in the affairs of social housing institutions or specifically authorised or required by regulation".

Finally in terms of Regulation 13(2), "When a social housing institution wants to transfer social housing stock to another social housing institution such social housing institution must apply in writing to the Regulatory Authority for its approval before transferring social housing to another social housing institution".

In terms of Regulation 14(1)(a) and (b), "A social housing institution must seek permission from the Regulatory Authority before disposing of social housing stock into the open market where it might cease to be social housing for low to medium income households as provided in the Act, and disposing of social housing stock funded with public funds".

THE SHRA HEREBY PUBLISHES THE RULES ON THE TRANSFER OR DISPOSAL OF SOCIAL HOUSING STOCK FUNDED WITH PUBLIC FUNDS IN THE GOVERNMENT GAZETTE FOR PUBLIC CONSUMPTION AND APPLICATION WITH EFFECT FROM THE DATE OF PUBLICATION OF THE GAZETTE.

A copy of the Rules on the Transfer or Disposal of Stock funded with public funds is available on request to the following email: [email protected] and on the SHRA's website www.shra.org.za

Kind regards,

SIGNATURE:                                                                

SHRA CHAIRPERSON: ZOHRA EBRAHIM (For and on behalf of the SHRA)

DATE: 19/11/2014

The Social Housing Regulatory Authority has, in terms of section 11(4) of the Act, made the rules in the Schedule.