Social Housing Act, 2008 (Act No. 16 of 2008)Chapter 4 : Social Housing Institutions14. Functions of social housing institutions |
| (1) | Social housing institutions must— |
| (a) | comply on an ongoing basis with the criteria which qualify them for accreditation; |
| (b) | acquire, develop, manage, or both develop and manage, approved projects primarily for low income residents with the joint support of local authorities; |
| (c) | promote the creation of quality living environments for low income residents; |
| (d) | re-invest operational surpluses generated as a result of funding provided in terms of the social housing programme, in further approved projects; |
| (e) | consult with municipalities with a view to developing social housing stock; |
| (f) | enter into and comply with annual performance agreements with municipalities on approved projects in their areas of jurisdiction; |
| (g) | inform residents on consumer rights and obligations in respect of social housing; |
| (h) | observe and operate within government policy on social housing; |
| (i) | seek permission from the Regulatory Authority for the sale of any properties in their ownership on the basis that such sale will not endanger the security of tenure of existing residents meeting the conditions of their tenancy and that the grant component of the proceeds receipts from such sale will be used to provide social housing; |
| (j) | seek permission from the Regulatory Authority for any merger or separation of social housing institutions; |
| (k) | seek permission from the Regulatory Authority for any changes to lease agreements or other prescribed documentation; and |
| (l) | seek permission from the Regulatory Authority for any prescribed matter. |
| (2) | Social housing institutions must at all times function in compliance with— |
| (a) | the provisions of this Act; |
| (b) | the provisions of the social housing programme and guidelines of the government; |
| (c) | the ministerial national norms and standards in respect of permanent residential structures; |
| (d) | the national building regulations under the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977); |
| (e) | the technical standards imposed by the National Home Builders Registration Council established under the Housing Consumer Protection Measures Act, 1998 (Act No. 95 of 1998); |
| (f) | any agreement entered into between the Regulatory Authority and the social housing institution; |
| (g) | the provisions of the Rental Housing Act, 1999 (Act No. 50 of 1999); and |
| (h) | any other law. |
| (3) | A social housing institution must— |
| (a) | on an annual basis submit its draft lease agreement as well as any prescribed documents and changes thereto for approval to the Regulatory Authority; and |
| (b) | ensure that the content of its lease agreement and proposed changes are communicated to residents and are strictly adhered to by all parties. |