Property Practitioners Act, 2019 (Act No. 22 of 2019)RegulationsProperty Practitioners Regulations, 2022Chapter 3 : Compliance, Enforcement and Dispute Resolution4. Format of Compliance Notice |
| 4.1 | The compliance notice contemplated in section 26 (4) of the Act shall be in the following format— |
[Insert Authority's letterhead]
[Insert date]
[Insert addressee's relevant particulars]
BY HAND
BY EMAIL: [insert email address]
Dear [Sirs / Sir / Madam]
RE: COMPLIANCE NOTICE FOR MINOR CONTRAVENTIONS ISSUED BY THE PROPERTY PRACTITIONERS REGULATORY AUTHORITY (THE "AUTHORITY) IN TERMS OF SECTION 26 (4) OF THE PROPERTY PRACTITIONERS ACT, NO [INSERT NUMBER] OF 2019 (THE "ACT")
| 1 | On [insert date(s)], your premises from which you conduct the business of a property practitioner (as contemplated in section 1 of the Act) were visited by our [insert name of inspector], who is duly appointed as an inspector in accordance with section 24 (a). |
| 2 | The inspection revealed that in contravention of [insert section number], you [insert particulars of contravention]. |
| 3 | [Alternatively to the foregoing] We have become aware that [insert details of the contravention]. |
| 4 | In light of this contravention, the Authority hereby issues this compliance notice directing you to [describe remedial action(s) to be taken] by no later than [insert reasonable deadline]. Should you fail to comply with this directive, in respect of either the remedial action or deadline herein indicated, such failure may, inter alia, constitute a breach of the code of conduct applicable to property practitioners, which failure in turn shall constitute sanctionable conduct as contemplated under section 62 (1) (e). |
| 5 | If you admit that you have failed to adhere to the Act in the manner aforesaid, you are further directed, in terms of section 26 (5) to (6)— |
| 5.1 | to pay a fine in the sum of [insert sum] to the Authority; and |
| 5.2 | to sign the attached acknowledgement, delivering the original signed acknowledgement together with a copy of this compliance notice (which you must initial) to the Authority, |
by no later than [insert deadline].
| 6 | We further draw to your attention that if you do not admit that you have failed to adhere to the Act in the manner aforesaid, that you may make representations to the Authority as to why you dispute that you have failed to adhere to the Act in the manner aforesaid. |
Further, in the event that you do admit that you have failed to adhere to the Act in the manner aforesaid, you may also make representations to the Authority as to the extent of the fine imposed and to draw to the attention of the Authority any reasons as to why that fine should stand to be reduced.
| 7 | In the event of your admitting that you failed to adhere to the Act in the manner aforesaid and not making representations as to the extent of the fine imposed, the fine must be paid into the following bank account using the following reference: |
[insert unique reference number of the Authority]
[insert banking details of the Authority]
| 8 | All communications in relation to this compliance must be either uploaded through the Authority's web portal or otherwise must be sent by the applicant to the Authority's email address at [insert email address] or otherwise sent by post or delivered by hand to the following address of the Authority— |
Property Practitioners Regulatory Authority
63 Wierda Road East (Cnr Johan)
Wierda Valley
Sandton
Johannesburg
2196
Yours faithfully
___________________________
[INSERT NAME OF SIGNATORY]
Chief Executive Officer
Property Practitioners Regulatory Authority
ACKNOWLEDGEMENT BY PROPERTY PRACTITIONER IN TERMS OF SECTION 26 (5) OF THE PROPERTY PRACTITIONERS ACT, NO [INSERT NUMBER] OF 2019 (THE "ACT")
| 1 | I, [insert name] (identity number [insert identity number]), admit to having contravened the Act in the manner set out in paragraph 2 of the compliance notice to which this acknowledgement is attached. |
| 2 | I further confirm my awareness of the fact that— |
| 2.1 | I may not be prosecuted in relation to the compliance notice; and 2.2 the contravention referred to in the compliance notice may not be considered in any other proceedings against me. |
______________________________________ Signature
______________________________________ Name of property practitioner
______________________________________ Identity / registration number of property practitioner
______________________________________ Date of signature