As we entered new level 4 lockdown restrictions, we found ourselves amid the reality of the pandemic. We must respect each other’s safety but also be innovative in finding solutions to continue with the very important delivery of affordable housing!

As mentioned previously the pandemic exposed numerous shortfalls and dire need for housing to build new neighbourhoods and communities. This is essential for the economic and social survival of our country.

MEC – Human Settlements 
At our golf day at Houghton, Mr Lebogang Maile, MEC of Human Settlements, Gauteng, addressed SAARDA members and guests and confirmed his commitment to address the stumbling blocks in the delivery of the housing. We also handed him a short survey of projects that is being held back by a lack of bulk infrastructure in Gauteng. This was merely input form a couple of developers that disclosed the information. This resulted in a delay of 150 000 erven/units with an economic value of approximately R75-billion. The upgrades require infrastructure investment from Government to unlock enormous private investment in the economy. The MEC undertook to set up meetings with Developers, Professionals, Local Councils and Eskom to find practical solutions and focused spending on infrastructure.

Protection of Personal Information Act – POPIA
As everyone is aware by this time, the new POPI Act is in force from 1 July 2021. This means that there are certain responsibilities on parties and companies who hold data of anyone. It also defines what you are allowed to do and how to use the data of a data subject.

We do believe that the following might be of relevance for developers to take note of. The Act makes specific provision that the data subjects’ information can be used in the execution of an agreement. In the instance of a sale agreement the subject data can be used by the developer and the transferring attorney to execute the sale and transfer. However, where the developer would:

  • use development finance for a third-party bank and disclose the data to that bank/financier for pre-sales; or
  • nominate their own bond originator for all the bonds; and/or
  • use an IT company to process data,

It is then advised that the developer specifically includes a POPIA addendum to make the buyer aware of the use of subject data to comply with the Act. Please consult with your attorneys to ensure that you are POPIA compliant.

Deed Office and Alert Level 4 
With the high infection rate the deeds office is under pressure again. The Pretoria Deeds Office has a backlog of approximately 22 000 deeds which must still be processed for registration. The Johannesburg and Cape Town Deeds Offices are also under pressure to keep up due to the regular exposure to Covid-19 positive cases which resulted in the closure of the offices for decontamination. We are planning to address the issue with the Chief Registrar to find solutions for this problem as part of the innovative ways to do keep on doing business during these challenging times.

SAARDA compliance
We are committed to protecting your personal data to comply with POPI. We advise that we only use your data for the newsletter and communication of events. If you do not wish to receive the communications, please unsubscribe on the link hereunder.

At present the economy is mostly open and our industry can operate and function. Please be careful and maintain protocols to stay safe.

We express our sincere condolences to everyone who has lost family, friends and colleagues in this time and wish everyone affected a healthy recovery.

Stay safe until we meet up again.

Michael Hartman (b. Proc)