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Property Practitioners Act, 2019 (Act No. 22 of 2019)

Regulations

Property Practitioners Regulations, 2022

Chapter 1 : Definitions, Application and Exemptions

1. Definitions

 

1.1 Unless the context indicates otherwise, words that are defined in the Act shall be ascribed their meaning, and—

 

1.2 "Act" means the Property Practitioners Act, No 22 of 2019;

 

1.3 “appellant” means the person referred to in section 31(1) of the Act;

 

1.4 "Authority" means the Property Practitioners Regulatory Authority established under section 5 of the Act;

 

1.5 "body corporate" bears the meaning assigned to in the Sectional Titles Schemes Management Act, 8 of 2011;

 

1.6 "business property practitioner" means a partnership, company, trust, close corporation or similar organisational entity that carries on the activities of a property practitioner;

 

1.7 "candidate estate agent" means a candidate property practitioner in the estate agency industry;

 

1.8 “case presenter” means the person appointed or designated in terms of regulation 13.13;

 

1.9 “charge” means a charge of sanctionable conduct which shall be brought against any property practitioner;

 

1.10 "client" means a person who has given a property practitioner a mandate, provided that should a property practitioner have conflicting mandates in respect of a particular immovable property, the person whose mandate has been accepted first in time by the property practitioner, is regarded as the client;

 

1.11 “code of conduct” means the code of conduct referred to in section 61 (1) of the Act;

 

1.12 “compensatory award” means the compensation referred to in section 30 (7) (b) of the Act;

 

1.13 “complainant” means any person who lodged a complaint against a property practitioner in terms of section 28 (1) of the Act;

 

1.14 “complaint” means a complaint concerning the conduct deserving of sanction against any property practitioner acting in his or her capacity as such;

 

1.15 "effective date" means the date upon which these regulations come into operation;

 

1.16 "estate agent" means—
1.16.1 any person who performs any act referred to in subparagraphs (i), (ii), (iii) of paragraph (a) of the definition of "property practitioner" in the Act, other than insofar as it relates to any business undertaking or the management of any property;
1.16.2 a trust in respect of which the trustee, for the acquisition of gain on the account of the trust, directly or indirectly in any manner holds out that it is a business which, on the instruction of or on behalf of any other person, performed any act referred to in subparagraphs (i), (ii), (iii) of paragraph (a) of the definition of "property practitioner" in the Act, other than insofar as it relates to any business undertaking;
1.16.3 for the purposes of sections 34, 46, 48, 59, 60, 61 and 65—
1.16.3.1 any director of a company or a member of a close corporation that performs any act referred to in subparagraphs (i), (ii), (iii) of paragraph (a) of the definition of "property practitioner" in the Act, other than insofar as it relates to any business undertaking;
1.16.3.2 any person who is employed by any person who performs any act referred to in subparagraphs (i), (ii), (iii) of paragraph (a) of the definition of "property practitioner" in the Act, other than insofar as it relates to any business undertaking;
1.16.3.3 any trustee of a trust referred to in sub- regulation 1.16.2;
1.16.3.4 any person who is employed by any person who performs any act referred to in subparagraphs (i), (ii), (iii) of paragraph (a) of the definition of "property practitioner" in the Act other than insofar as it relates to any business undertaking, to manage, supervise or control the day-to-day operations of the business of that property practitioner;
1.16.4 any person who is employed by or renders services to an attorney or a professional company as defined in section 1 of the Attorneys Act, 1979, other than an attorney or candidate Attorney, and his duties consist wholly or primarily of the performance of any act referred to in subparagraphs (i), (ii), (iii) of paragraph (a) of the definition of "property practitioner" in the Act other than insofar as it relates to any business undertaking, on behalf of such attorney or professional company whose actions will be specifically covered by the Legal Practitioners' Fidelity Fund and not the Property Practitioners Fidelity Fund;
1.16.5 includes any person who carries on any activity referred to in sub-regulation 39.1.1; and
1.16.6 includes any person who fell within the ambit of any of subregulations 1.16.1 to 1.16.5 foregoing at the time when he or she was guilty of any act or omission which constitutes sanctionable conduct;

 

1.17 "Fidelity Fund" means the Property Practitioners Fidelity Fund contemplated in section 34 of the Act;

 

1.18 "franchise" means an agreement, arrangement or understanding between a franchisor and a franchisee property practitioner in terms of which the latter is entitled or required to operate under a trade name which is owned by, or which is associated with the business of, the franchisor or any other person;

 

1.19 "immovable property" means property as defined in section 1 of the Act;

 

1.20 "industry" means an industry sector or sub-sector, the property practitioners within which are regulated by the Authority, which includes but is not limited to the estate agency industry and the property broking industry;

 

1.21 "industry representative body" or any similar term means, in relation to any industry, a body that represents all or the greater part of the natural and juristic persons active within such industry;

 

1.22 "managing agent" means—
1.22.1 any person who manages property as referred to in subparagraph (a) (i) of the definition of "property practitioner" in the Act;
1.22.2 any person who carries out any activity referred to in subparagraph (c) of the definition of "property practitioner" in the Act; and
1.22.3 includes—
1.22.3.1 a managing agent in terms of rule 28 of Annexure 1 of Sectional Titles Schemes Management Regulations published under GNR.1231 of 7 October 2016 or any amendment thereto; and
1.22.3.2 a scheme executive under the Regulations on Community Schemes Ombud Service published under GNR.1233 of 7 October 2016 or any amendment thereto;

 

1.23 "mandate" means an instruction or an authority given to, and accepted by, a property practitioner to render a service;

 

1.24 “mediator” means a mediator appointed in terms of section 29 (2) of the Act;

 

1.25 "Minister" means the Minister of Human Settlements and includes his or her successor in title;

 

1.26 “non-principal property practitioner” means any person referred to in paragraph (e) (ii) of the definition of ‘property practitioner’ in section 1 of the Act;

 

1.27 “notice of appeal” means the notice referred to in section 31 (1) of the Act;

 

1.28 "previous Act" means the Estate Agency Affairs Act, 1976 together with the regulations published thereunder;

 

1.29 “principal property practitioner” means any person referred to in paragraph (a) or paragraph (e) (i) of the definition of ‘property practitioner’ in section 1 of the Act;

 

1.30 “Professional Designation Examination” means an integrated test of knowledge for property practitioners contemplated in regulation 33.2;

 

1.31 "property practitioner" means a person defined in section 1 of the Act, including a candidate property practitioner;

 

1.32 “property practitioner charged” means the property practitioner as defined in the Property Practitioners Act.

 

1.33 "Property Sector Charter Code" means the transformation charter which establishes a framework and the principles in terms of which broad-based black economic empowerment will be implemented in the property sector pursuant to the provisions of the Broad-Based Black Economic Empowerment Act 53 of 2003, as such transformation charter may be amended from time to time;

 

1.34 “respondent” means a property practitioner against whom a complaint or a charge has been laid;

 

1.35 “record” means the record of the proceedings before the adjudication appeal committee;

 

1.36 "regulations" means these regulations, and "regulation" means a provision of these regulations;

 

1.37 "sanctionable conduct" means a sanctionable conduct as contemplated in the Act;

 

1.38 "service" means any service referred to in subparagraphs (i)-(vi) of paragraph (a) of the definition of "property practitioner" in section 1 of the Act; and

 

1.39 "sole mandate" means a mandate incorporating an undertaking on the part of the person giving the mandate, not to confer a similar mandate on another property practitioner before the expiry of a determined or determinable period.