Acts & Bills under Investigation
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| ACT or BILL | WHO IT AFFECTS | LEVEL OF IMPACT | STATUS QUO | CLOSING DATE FOR SUBMISSIONS | |
| 1 | Housing Consumers’ Protection Measures Amendment Bill (HCPMAB), 2007 | Affects mainly residential property developer's and property owners. Read in conjunction with NHBRC code of conduct. | Medium | Authorising legislation to the NHBRC code of conduct.Awaiting final Bill. To be distributed amongst members. | |
| 2 | NHBRC Code of Conduct | Affects mainly residential property developer's. | Medium | Revised Code of Conduct has been gazzetted. | Closed |
| 3 | NEMA Act and EIA Guidelines | Affects mainly property developer's. | High | Awaiting feedback from DEAT with regards to NEMA- the authorising legislation to the EIA regulations. Comments submitted on the EIA regulations. | 12-Jul-08 |
| 4 | Inclusionary Housing | Affects residential property developer's. | Medium | Final inclusionary housing policy document sent to MINMEC for approval. | We will receive confirmation from government |
| 5 | Provision of Land and Assistance Act (1993) | Affects property developer's | Medium | Act available on the SAPOA website. | Awaiting confirmation from government |
| 6 | New Municipal Property Rates Act | Affects residential and commercial property developer's. | High | Guideline document available for members. Consulted with Senior council with a view to submit a comprehensive opinion to the COJ. COJ acting ultra vires, possible litigation against the COJ. | Closed- Act to take effect on the 1 July 2008 |
| 7 | National Credit Act | Affects Banks and property developer's | High | Providing Advice. It has already taken effect.Investigating on how it affects the property industry with a view to summarize and advise members. | Closed |
| 8 | Stamp Duty Act | Affects Property managers | High | Act repealed. | Closed- Should the SARS proposal be approved, it will only take effect in April 2009 |
| 9 | Electrical Certificates of Compliance | Affects Property managers | High | Presentation took place. Members content. | |
| 10 | Town Planning regulations | Affects Town Planners | High | We have regular meetings with the COJ Planning Department. We have receieved the draft consolidated town planning scheme. We are planning a development summit with the COJ. | |
| 11 | Prevention of Ilegal Evictions Act | Affects Property managers and owner's | High | We have received the final amendment bill. Our initial submissions were noted and adopted.Revised Bill has serious implications for owners. Submmissions made to government. Bill has been rejected by the portfolio committee.Following closely | |
| 12 | Restitutive Housing | Affects residential property developer's. | Low | Still just at internal discussion level. Mainly to build houses for ANC cadres. Following closely. | |
| 13 | Gauteng Spatial Development Perspective | Affects property developer's and owner's | Medium | We have received the draft consolidated town planning scheme. Member companies have submitted comments | |
| 14 | Competition Amendment bill | Affects property owner's | High | Comments submitted. SAPOA Competition policy finalized and will be distributed to members. | Closing date: 31st October 2008 |
| 15 | Estate Agency Affairs Act | Affects property managers & brokers | High | Act to be reviewed by the EAAB following closely. Have regular meetings with the EAAB with regards to Fidelity Fund certificates. We are responding to a call for nominations by the DTI for members to sit on the EAAB board through the brokers committee. | Closed |
| 16 | Tobacco obacco Bill | Affects property owner's & managers. | Low | Requsting copy of Bill from members. | Awaiting confirmation from government |
| 17 | Social Housing Amendment Act | Affects property developer's | Medium | Awaiting for final Bill. To be distributed amongst members. Attending task meetings with government. | closed |
| 18 | Rental Housing Amendment Bill | Affects property developer's | Medium | Comments submitted. Negotiations with government to ensue on amendments of Section 16 of the Act.Comments on the Regulations submmitted. | closed |
| 19 | National Environment Amendment Bill | Affects property developer's | High | Amendment bill out for further comment. Our comments have been noted. Workshop to be held once we have received the final draft. | 12-Jul-08 |
| 20 | Local Government Laws Amendment Bill | Affects all member's | Medium | Attorney appointed for review. This Act to be read with the Local Ordinances and development planning laws. | Closed |
| 21 | Intergrated Coastal Amendment Bill | Affects property developers. | High | Amendment bill out for review. Discussions to ensue with coastal developer's. Comments submmitted.Steering committee has been established by DEAT, Mr TC Chetty is the official SAPOA representative. | closing date to be confirmed by DEAT |
| 22 | Housing Development Agency Bill | Affects residential property developers. | High. | SAPOA comments submmitted. | closed |
| 23 | Foreign Land Ownership | Affects residential property developers. | High. | SAPOA comments submmitted. Following closely as this was not on this year's parliamentary schedule. | closed |
| 24 | Local Ordinances | Affects all member's | High | Comments submitted on the Gauteng Development Planning Act. Regions are encouraged to submit comments on provincial legislation. | |
| 25 | Sectional Titles Act 1986 | Affects residential property developers | High. | Summary of Act available on the SAPOA website. | |
| 26 | Alienation of Land Act | Affects property developer's | Medium | Act available on the SAPOA website. | |
| 27 | National Environment Waste Bill | Affects property developer's | Medium | Following closely.Bill available on the SAPOA website. Further comments to be submitted via BUSA. | DEAT will inform us |
| 28 | EIA regulations | Affects property developer's | High | latest draft of EIA regulations released for comment. Comments submitted. | 12-Jul-08 |
| 29 | Debt Collector's Act (regulations) | Affects property manager's | High | Discussions to ensue with the national Council on possible exemptions for property manager's | to be informed |
| 30 | land Use Management Bill | Affects property developer's | High | Opinion drafted for members. Awaiting formal notification from parliament. | to be informed |
| 31 | deeds registries amendment bill | Affects attorney's and developers. | High | Summary of Bill to be sent to members. | 30-Apr-08 |
| 32 | Sectional Titles Amendment bill | Affects property developer's | Medium | Currently in consultation with the relevant experts, with a view to advise members. Following closely. | to be informed |
| 33 | state valuation adjudication bill | Affects professional valuer's and owners. | High | Following closely | to be informed |
| 34 | consumer protection bill | Affects all member's | High | Working with BUSA: comments submitted. Opinion drafted on its impact on the industry, comments submitted to the Portfolio committee. Government has taken note of our comments. Summary of DTI response available on the website.Bill to go the NCOP. Meeting held with the DTI on the 28/11/2008- regulations soon to be published for comment. | closed |
| 35 | competition amendment bill | Affects owner's | High | developed a rules and procedures guideline document on mergers and acquisitions. Comments submitted to Government, awaiting final document. Workshop to be held with the Competition Commision and do's and don'ts policy document to be compiled for members.Bill has been approved by the National Assembly. | to be informed |
| 36 | Expropriation Bill | Affects owner's and developer's | High | Comments submitted. Negotiations with Government succesful, government"holding back" on approving Bill. Following closely. | closed |
| 37 | Estate Agency Affairs Act | Affects property manager's | High | Discussions with Government to ensue, regarding status quo of policy intervention document. | |
| 38 | Electricity Regulations | Affects all member's | High | Comments submitted. Following closely. | |
| 39 | National Building regulations SANS 204 | Affects developer's | High | Regulations available on the website. Circulated to members requesting comments. Working the GBCSA. Document published. SAPOA EETT committee reviewing the exercise. | Awaiting notification from government |
| 40 | Electricity Regulation Act | Affects all member's | High | Authorising legislation to the Electricity Regulations. | |
| 41 | Electricity Regulations on Tarrifs and policy | Affects all member's | High | Comments submitted to NERSA. Discussions to ensue. | Awaiting notification from government |
| 42 | OSH Act | Affects all member's | High | Available on the website. | |
| 43 | Protection of Personal Information Bill | Affects all property owners | High | Perusing the Bill, to discuss with Old Mutual on its impact for members. Summary to be forwarded to members via the legal committee. | |
| 44 | Electricty Regulation:Quality of supply | Affects all property owners | High | Comments submmitted to NERSA. Discussions to ensue. | Awaiting notification from government |
| 45 | Gauteng Planning and development Act | Affects all developer's | High | Comments submitted to Gauteng Provincial Department of Economic development and planning. | |
| 46 | Rental Housing Amendment Bill-regulations | Affects owner's and developer's | High | submmitted comments. | 18th April 2008 |
| 47 | Regulatory Framework of built environment | Affects professionals | High | Summary if its imact to be circulated to members for comment. Bill rejected by parliament. | 28th March 2008 |
| 48 | Gauteng Development Planning Act | Affects developer's | High | As point 46 above.- Discussions to ensue with the Departmentawaiting the regulations | Awaiting notification from government |
| 49 | Companies Bill 2007 | Affects all member's | High | Comments submitted to DTI. Business Rescue Provisions to be considered. Government has taken note of our comments. DTI response available on the website. Bill promulgated. | To take effect April 2010. |
| 50 | State Liability Act | Affects all member's | High | Constitutional Court Decision- ruled Act unconstitutional | Government given a year to amend the legislation |
| 51 | Built Environment Professions Bill | Affects developer's | High | Available on the website. | Awaiting confirmation from government |
| 52 | Revenue Laws Amendment Act | Affects owner's | High | Stamp Duty Act abolished with effect from the 1 April 2009. | Announcement to be made in Minsiter's budget speech end of february 2009. |
| 53 | National Radioactive Waste Management Bill | Affects developer's | High | Perusing the Bill | Awaiting confirmation from government |
| 54 | National Building Regulations and building Affects Developer's | High | Perusing the Bill | Awaiting confirmation from government | |
| 55 | Companies Bill 2007(Business Rescue Provisions) | Affects developer's, owner's and manager's | High | Made a submmission to DTI. Meeting was held with the DTI on the 28/11/2008. SAPOA to consult with an attorney for a resubmission and to have our concerns considered in the Insolvency Act | To be promulgated in 2010. Bill to go to the NCOP. |
| 56 | National Energy Bill | Affects developer's | High | Bill has been promulgated | Promulgated |
| 57 | Ekurhuleni Electricity By-Laws | Affects owner's | High | Perusing the By laws, to be discussed at the Legal Committee | |
| 58 | Social Housing Bill | Affects developer's | Medium | Perusing the Bill | |
| 59 | Polokwane Municipality By - Laws | Affects developer's and owners | High | Drafting a submmission the Municpality | |
| 60 | Provision of Land and Assistance Bill | Affects all member's | High | Perusing the Bill, with a view to compiling a position paper | Awaiting confirmation from government |
| 61 | Inclusionary Housing Implementation Guideline | Affects developer's | High | Perusing the 3rd Draft- comments submitted. | Awaiting Official Notice from government |
| 62 | Energy Efficiecy criteria | Affects developer's | High | Summarizing the effect and will submit comments to ESKOM | Anticipating End February |
| 63 | Determination of Merger Thresholds and Method of calculation | Affects owners | High | Comments submitted. Attending meeting with the DTI on the 28/11/2008. letter sent to members informing them of the status quo. | 31st October 2008 |
| 64 | Subdivision of Agricultural Land Act 70 of 1970 | Affects developer's | High | Consulted with Attorney. Act will not be reviewed by government. SAPOA to motivate for full review. In preparation for next year's proposed review by government. | Closed |
| 65 | Development and Facilitation Act | Affects developer's | High | Summarizing the Act | Closed |
| 66 | NERSA PCP RULES | Affects owners | High | Comments submitted. | closed |
| 67 | KWAZULU NATAL DEVELOPMENT PLANNING BILL | Affects developers | High | Comments submitted | closed |
| 68 | LAND USE PLANNING ORDINANCE | Affects developers | High | Perusing the Memo | closed |
| 69 | Energy Efficiency Accord | Affects all member's | High | drafting revised accord with the NBI as requsted by the minister | Anticipating End April |
| 70 | Stamp Duty Act | Affects property owners and managers | High | Act abolished with effect 1 April 2009. SAPOA stamp duty policy available. |