Social Housing Act, 2008 (Act No. 16 of 2008)Chapter 4 : Social Housing Institutions13. Accreditation of social housing institutions |
| (1) | As from the commencement of this Act, all institutions having undertaken housing developments with the benefit of an institutional subsidy are provisionally accredited social housing institutions for purposes of this Act, subject to the provisions of this Act and the powers of the Regulatory Authority. |
| (2) | Provisional accreditation pursuant to subsection (1) lapses on the date prescribed by the Minister which date may not exceed 12 months after the commencement of this Act. |
| (3) | An institution wishing to carry on the business of social housing must in the prescribed format apply to the Regulatory Authority for accreditation. |
| (4) | A municipality wishing to participate in social housing may establish an institution, which must be accredited. |
| (5) | Subject to any conditions prescribed by the Minister, a social housing institution must be a company registered under the Companies Act. 1973 (Act No. 61 of 1973), or a co-operative registered under the Co-operatives Act, 2005 (Act No. 14 of 2005), or any other form of institution acceptable to the Regulatory Authority. |
| (6) | Should a social housing institution comply with all the qualifying criteria, it shall be accredited as a social housing institution in terms of this Act and its details must be entered in a register kept for this purpose by the Regulatory Authority. |
| (7) | Should a social housing institution at any stage fail to comply with the qualifying criteria, the Regulatory Authority may— |
| (a) | exercise the powers referred to in section 12; and |
| (b) | in its discretion and as determined in the regulations and upon notice to affected parties— |
| (i) | recover any monies granted to the social housing institution in terms of the social housing programme; |
| (ii) | withhold any further grants; |
| (iii) | stipulate conditions relating to reforms to be undertaken by the social housing institution or improvements to be effected by it for the payment of any grants; and |
| (iv) | where necessary, intervene in accordance with the provisions of section 12. |
| (8) | A social housing institution must comply with all the provisions of the Act in terms of which it was established and any other applicable law, and any contravention of the said provisions may result in its accreditation being withdrawn by the Regulatory Authority. |
| (9) | The lapsing of provisional accreditation, or the withdrawal of accreditation in terms of this Act, does not preclude the Regulatory Authority from exercising any of its powers under this Act. |