Social Housing Act, 2008 (Act No. 16 of 2008) Chapter 1 : Definitions and General Principles Applicable to Social Housing 1. Definitions

 

In this Act, unless the context indicates otherwise—

 

"accreditation"

means the screening, evaluation, provisional and final accreditation by the Regulatory Authority that will, amongst other things, allow a social housing institution access to grants available under the social housing programme;

 

"approved project"

means a social housing project in a restructuring zone approved by a provincial government pursuant to an application for capital grant funding to undertake the acquisition, development, conversion or upgrading of buildings for social housing;

 

"capital grant"

means the capital grant contemplated in the social housing policy;

 

"Council"

means the Council appointed in terms of section 9;

 

"Department"

means the National Department of Housing;

 

"Director-General"

means the Director-General of the National Department of Housing;

 

"house rules"

means the rules in relation to the control, management, administration, use and enjoyment of the property of a social housing institution;

 

"Housing Act, 1997"

means the Housing Act 1997 (Act No. 107 of 1997);

 

"institutional investment grant"

means one or more of the capacity-building grants contemplated in the social housing policy;

 

"institutional investment plan"

means a training and skills development plan which is a component of the social housing investment plan intended to ensure that social housing institutions acquire the expertise, skills and operational capacity to manage such institutions on a sustainable basis and produce and manage approved projects;

 

"investment criteria"

means the criteria against which the Regulatory Authority may make investments in social housing institutions;

 

"lease agreement"

means the standard lease agreement utilised by a social housing institution, and includes the house rules;

 

"low to medium income households"

means those households falling within the income categories as determined by the Minister from time to time;

 

"maladministration"

means non-compliance with this Act or a situation or condition indicating substantial financial, governance or management failure;

 

"MEC"

means the member of the Executive Council of a province responsible for housing;

 

"Minister"

means the National Minister of Housing;

 

"Minmec"

means a standing intergovernmental body consisting of at least the Minister and the MECs responsible for housing.

 

"National Housing Finance Corporation"

means the National Housing Finance Corporation incorporated as a public company in terms of the Companies Act, 1973 (Act No. 61 of 1973);

 

"national housing programme"

means a programme contemplated in section 3(4)(g) of the Housing Act, 1997;

 

"NHBRC"

means the National Home Builders Registration Council, established under the Housing Consumer Protection Measures Act, 1998 (Act No. 95 of 1998);

 

"other delivery agent"

means an entity other than a social housing institution which may undertake an approved project, but excludes a provincial government or a municipality;

 

"parliamentary committees"

means the Portfolio and Select Committees of Parliament responsible for Housing;

 

"prescribe"

means prescribe by the Minister by regulation or prescribe by the Regulatory Authority in its rules, as the case may be;

 

"provincial government"

means a provincial government, acting through the MEC responsible for housing;

 

"Public Finance Management Act"

means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

 

"public funds"

means the institutional subsidy or any other government subsidy utilised for creation of housing stock or any funding provided pursuant to this Act;

 

"qualifying criteria"

means the criteria applied by the Regulatory Authority for purposes of the accreditation of a social housing institution as prescribed by the Minister;

 

"regulation"

means a regulation under this Act;

 

"Regulatory Authority"

means the Social Housing Regulatory Authority established by section 7;

 

"restructuring zone"

means a geographic area which has been—

 

"social housing"

means a rental or co-operative housing option for low to medium income households at a level of scale and built form which requires institutionalised management and which is provided by social housing institutions or other delivery agents in approved projects in designated restructuring zones with the benefit of public funding as contemplated in this Act;

 

"social housing institution"

means an institution accredited or provisionally accredited under this Act which carries or intends to carry on the business of providing rental or co-operative housing options for low to medium income households (excluding immediate individual ownership and a contract as defined under the Alienation of Land Act, 1981 (Act No. 68 of 1981)), on an affordable basis, ensuring quality and maximum benefits for residents, and managing its housing stock over the long term;

 

"social housing investment plan"

means a corporate plan and budget as required by the Public Finance Management Act, comprising a capital investment plan and an institutional investment plan for the capital institutional and investment activity of the Regulatory Authority for purposes of the social housing programme;

 

"social housing policy"

means the official social housing policy as determined by the Minister in terms of section 3(2)(a) of the Housing Act, 1997;

 

"social housing programme"

means the national housing programme for social housing, instituted by the Minister in terms of section 3(4)(g) of the Housing Act, 1997;

 

"social housing regulatory plan"

means a corporate plan and budget as required under section 52 of Public Finance Management Act; and

 

"this Act"

includes the regulations, any rules, directives or instructions made under it.