HOUSING AND BUILDING ACT(CHAPTER 22:07)

HOUSING AND BUILDING ACT

Acts 9/1979, 39/1979, 5/1980, 44/1981, 42/1983, 25/1984, 8/1988 (s. 164), 5/1995, 22/2001 (s. 4), 23/2004 (s. 282).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

HOUSINGAND GUARANTEEFUNDS

3. Establishment of Housing and Guarantee Funds.
4. Minister may guarantee certain loans.
5. Minister may advance moneys and purchase and let dwellings.
6. Application of Housing and Guarantee Funds.
7. Transfer of money to another Fund.

PART III

ALTERNATIVE PROCEDURE TO FORECLOSURE ON MORTGAGEDEFAULTS

9. Application of this Part.
10. Effect of certificate.
11. Acquisition of property by Minister.
12. Allocation of property or money between Funds.
13. No stamp duty, etc.

PART IV

BUILDING FUNDS

14. Establishment of Building Funds.
15. Power of Minister under this Part.
16. Transfer of money to another fund.
17. Application of National Housing Fund.

PART V

RATESFUNDS

18. Establishment of rates funds.
19. Application of rates fund.
20. Moneys may be held in rates fund on behalf of National Housing Fund.
21. Dissolution of rates fund.

PART VI

RENTCONTROL AND AVOIDANCEOFCERTAINLEASES

23. Rent boards and Rent Appeal Board.
24. Rent regulations.

24A. Avoidance of leases of premises used as brothels PART VII

GENERAL

26. Holding of Funds.
27. Accounts and audit.
28. Powers of entry and inspection.
29. Remedy of Minister against defaulting mortgagors.
30. Financial year.
32. Registration of immovable property.
33. Liquor licence not to be issued to boarding-house in respect of which a guarantee is in force.
34. Savings in respect of changes of areas.

 

 

[Date of commencement: 2nd February, 1979.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Housing and Building Act [Chapter 22:07].

                       2    Interpretation

In this Act—

“boarding-house” means any premises in respect of which the business of supplying accommodation or food and accommodation for reward is carried on but does not include—

• premises in which accommodation is provided for fewer than five persons who are not members of the family of the person by whom the said business is carried on; or
• a club; or
• a lodging-house, hostel or other similar premises provided for school children or by a charitable

institution; or

• premises in respect of which a current licence for the sale of liquor has been granted under the Liquor Act [Chapter 14:12];

“build”, in relation to a dwelling or boarding-house, includes to augment, extend, repair or maintain such dwelling or boarding-house;

“declared area” means an area declared to be a declared area in terms of subsection (2) of section eighteen;

“dwelling” means a building, or part of a building, including a flat, designed as a dwelling for a single family and includes the usual appurtenances and outbuildings and such services and other improvements as may be approved by the Minister;

“Housing and Guarantee Fund” means the Fund referred to in section three;

“local authority” means—

• a municipal council, town council or local board established in terms of the Urban Councils Act [Chapter 29:15];
• a rural district council established in terms of the Rural District Councils Act [Chapter 29:13];

“Minister” means the Minister of National Housing and Public Construction or any other Minister to whom the President may, from time to time, assign the administration of this Act; “National Housing Fund” means the Fund referred to in section fourteen; “rates fund” means a rates fund established in terms of Part V.

PART II

HOUSINGAND GUARANTEE FUNDS