REGULARS: QUALITY INSIGHT
South African Council for Property
Valuers Profession (SACPVP), among
others, and I can say that great strides
were made towards ironing out flaws in
the current system.
The objective of the Bill is the
protection of consumer rights and the
upliftment of a larger percentage of the
population in the property sector by
safeguarding the interests of particularly
first-time home buyers. These
individuals are most at risk of being
exploited as currently the law does not
sufficiently protect them in terms of
structural and contractual issues that
may arise post purchase.
The fact that a ‘voetstoots’ clause is
still included in many purchase
agreements is evidence of how far
behind we are in comparison to first
world property markets. Most markets
are already supported with more robust
legislation to protect home buyers –
consider the US for instance, where in
80% of cases, the purchase is only
concluded once a thorough inspection
of the property has been conducted and
a certifiable report has been issued.
Industry veterans, such as the former
CEO of the Estate Agency Affairs Board
(EAAB), Bryan Chaplog, has also shown
support for the Bill and endorsed the
added consumer protection benefits
that credible home inspection
services offer.
While great strides have been made,
there are still some glaring issues that
came to light in the parliament sitting.
One such issue is an overlap between
existing regulatory bodies such as the
South African Council for Architectural
Professionals (SACAP), REBOSA,
SACPVP and the newly proposed
Property Practitioners Regulatory
Authority (PPRA).
This overlap will lead to unnecessary fees
and examinations for professionals within
the industry and the knock-on effect will
ultimately increase the cost for
consumers. It is therefore necessary to
exempt certain professionals who are
already registered with existing governing
bodies from having to register with the
PPRA as well.
Another well received suggestion was
to make a property inspection a standard
step in the purchasing process. This will
ensure that homeowners are aware of any
structural and or aesthetic defects before
committing to the purchase. Inspectors
will also be regulated to protect the
public from opportunistic, subpar service
providers. Currently there is no legislation
that ensures property inspectors possess
the knowledge and necessary expertise to
issue a quality report.
While the process will still take some
time to finalise, it is a good first step and
will certainly bolster the existing market
to make protective legislation more
robust and stimulate the entry of first-
time home buyers to market. The
Department of Human Settlements is now
in the driving seat and the industry awaits
the next steps in anticipation.
• Provide for the regulation of property practitioners;
• Provide for the continuation of the Estate Agency Affairs Board as the Property
Practitioners Regulatory Authority;
• Provide for the establishment, appointment, powers and functions of the Property
Practitioner’s Ombud Office;
• Provide for the continuation of the Estate Agents Fidelity Fund as the Property
Practitioners Fidelity Fund;
• Provide for consumer protection; and
• Provide for the repeal of the Estate Agency Affairs Act, 1976.
www.saroofing.co.za
PROPERTY PRACTITIONER’S BILL OBJECTIVES
Sheldon Jennings is an architect
and founder of Archicheck, a South
African property inspection firm
that employs qualified architects to
conduct inspections.
CLADDING // CONCRETE // INSULATION // STEEL // THATCH // TIMBER // TRANSLUCENT // WATERPROOFING // COMPONENTS
JAN - FEB 2019
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