Housing Act, 1997 (Act No. 107 of 1997)Part 1 : General Principles2. General principles applicable to housing development |
| 1) | National, provincial and local spheres of government must— |
| a) | give priority to the needs of the poor in respect of housing development; |
| b) | consult meaningfully with individuals and communities affected by housing development; |
| c) | ensure that housing development-- |
| i) | provides as wide a choice of housing and tenure options as is reasonably possible; |
| ii) | is economically, fiscally, socially and financially affordable and sustainable; |
| iii) | is based on integrated development planning; and |
| iv) | is administered in a transparent, accountable and equitable manner, and upholds the practice of good governance; |
| d) | encourage and support individuals and communities, including, hut not limited to, co-operatives, associations and other bodies which are community-based, in their efforts to fulfil their own housing needs by assisting them in accessing land, services and technical assistance in a way that leads to the transfer of skills to, and empowerment of, the community; |
| e) | promote— |
| i) | education and consumer protection in respect of housing development; |
| ii) | conditions in which everyone meets their obligations in respect of housing development; |
| iii) | the establishment, development and maintenance of socially and economically viable communities and of safe and healthy living conditions to ensure the elimination and prevention of slums and slum conditions; |
| iv) | the process of racial, social, economic and physical integration in urban and rural areas; |
| v) | the effective functioning of the housing market while levelling the playing fields and taking steps to achieve equitable access for all to that market; |
| vi) | measures to prohibit unfair discrimination on the ground of gender and other forms of unfair discrimination by all actors in the housing development process; |
| vii) | higher density in respect of housing development to ensure the economical utilisation of land and services; |
| viii) | the meeting of special housing needs, including, but not limited to, the needs of the disabled; |
| ix) | the provision of community and recreational facilities in residential areas; |
| x) | the housing needs of marginalised women and other groups disadvantaged by unfair discrimination; and |
| xi) | the expression of cultural identity and diversity in housing development; |
| f) | take due cognisance of the impact of housing development on the environment; |
| g) | not inhibit housing development in rural or urban areas; |
| h) | in the administration of any matter relating to housing development-- |
| i) | respect, protect, promote and fulfil the rights in the Bill of Rights in Chapter 2 of the Constitution; |
| ii) | observe and adhere to the principles of co-operative government and intergovernmental relations referred to in section 41(1) of the Constitution; and |
| iii) | comply with all other applicable provisions of the Constitution; |
| i) | strive to achieve consensus in regard to the policies of the respective spheres of government in respect of housing development; |
| j) | observe and adhere to the principles in Chapter 1 of the Development Facilitation Act, 1995 (Act No. 67 of 1995), in respect of housing development; |
| k) | use public money available for housing development in a manner which stimulates private investment in, and the contributions of individuals to, housing development; |
| l) | facilitate active participation of all relevant stakeholders in housing development; and |
| m) | observe and adhere to all principles for housing development prescribed under subsection (2). |
| 2) |
| a) | The Minister may, by notice in the Gazette, prescribe— |
| i) | any principle for housing development in addition to, and consistent with, the principles set out in subsection (1)(a) to (l); and |
| ii) | any principle set out in subsection (1)(a) to (l) in greater detail, but not inconsistent therewith. |
| b) | The Minister must, before prescribing any such principle, cause a draft of such principle to be published in the Gazette and must consider any comment on such draft principle received from any person during a period of 30 days after such publication. |
| 3) |
| a) | A list of notices published in terms of subsection (2)(a) in the Gazette during the period covered in the list, must, within 14 days after the publication of any such notice in the Gazette, be submitted to Parliament for approval. |
| b) | Such list of notices must in respect of each notice state the number and title of the notice and the number and date of the Gazette in which it was published. |
| c) | If Parliament disapproves of any principle in such notice or any provision of such principle, such principle or provision ceases to have effect, but without prejudice to-- |
| i) | the validity of anything done in terms of such principle or provision before it so ceased to have effect; and |
| ii) | any right or liability acquired or incurred in terms of such principle or provision before it so ceased to have effect. |