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National Gazette No. 38427, 28 January 2015, Vol 595, Page 17

20150128 - National Gazette No 38427 of 28-January-2015, Volume 595, page 17

Page	17 of 72
Gazette	National Gazettes, No 38427, from 28 January, 2015
Department	Human Settlements
Notice	Page No. 15 of 70, Notice No. 64, Social Housing Act No. 16 of 2008 » Rules on the transfer or disposal of social housing stock funded with public funds » Correction Notice
Act No	Act No. 16 of 2008

STAATSKOERANT, 28 JANUARIE 2015                      No. 38427  17

social housing institutions under the Act and the Regulations (particularly
                                   the qualifying criteria set out in regulation 3 of the Regulations).

6.1.8            The Regulatory Authority shall, within 60 (sixty) days of the expiry of the
                                   period in rule 6.1.5 consider all applications properly made and, having

regard  to  such   considerations  which  are   appropriate  in  the
                                   circumstances, make a decision as to which social housing institution
                                   shall receive transfer of the social housing stock or rights of the social
                                   housing  institution under administration.  Where appropriate,   the

Regulatory Authority may decide that the social housing stock or right
                                   shall be transferred to more than one social housing institution.

6.1.9            The Regulatory Authority shall inform every social housing institution
                                   which submitted an application of its decision within 14 (fourteen) days
                                   of taking its decision.

6.1.10           The decision of the Regulatory Authority is final.

6.1.11           The Regulatory Authority shall transfer the social housing stock or rights
                                   and the transferee shall take transfer thereof in accordance with all
                                   relevant legislation applicable to the transfer of immovable property or
                                   rights.

6.2        After the transfer has taken place, the Regulatory Authority shall credit the
                             transferee with the value of the social housing stock or rights, as contemplated

in regulation 13(1).

6.3        The Regulatory Authority shall update the register accordingly to reflect the

transfer of the social housing stock or rights of the social housing institution
                             under administration to the transferee.

6.4        The Regulatory Authority may, in appropriate circumstances, transfer social
                             housing stock or rights as contemplated in section 12(9)(c) directly to a
                             suitable social housing institution without -

6.4.1            requiring the independent accountant and public auditor to solicit and
                                   obtaining the views of social housing institutions as contemplated in rule
                                   6.1.2 but, for the avoidance of doubt, in determining the value, the

independent accountant and public auditor must take into account the
                                   factors listed in rules 6.1.2.1 to 6.1.2.10;

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