By Auren Freitas dos Santos
The Property Practitioners Act (“the PPA”) and the Property Practitioners Regulations (“the PPA Regulations”) officially came into operation on the 1st of February 2022.
The much anticipated PPA Regulations, which consist of 88 pages, were published on 14 January 2022 and are primarily aimed at addressing the shortcomings of the PPA. Surprisingly, the industry was only given 10 days to study these regulations before the PPA came into operation on 1 February 2022. Therefore, neither property practitioners nor the Property Practitioners Regulatory Authority have had reasonable time to adequately prepare for this new dispensation.
Although there are a number of useful articles and resources available online detailing the effect that the PPA and its Regulations has on traditional estate agents, very little focus has been given to the newly introduced roles and responsibilities which have been placed on managing agents of community schemes.
This is rather unusual given that the PPA is the most important piece of legislation that has ever come into operation concerning managing agents, because for the first time in our history traditional managing agents are formally and undoubtedly regulated by a controlling Authority.
So it is essential for every managing agent to understand the effects of the PPA and the PPA Regulations and how to comply with this important legislation. As a former managing agent myself, I know that the demanding and stressful nature of the property management industry doesn’t offer most managing agents enough time to study the entire PPA and its Regulations.
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Specialist Community Scheme Attorney (LLB, LLM), Auren Freitas dos Santos, is a Director of The Advisory, a boutique consultancy specialising exclusively in community schemes law.
Contact him at www.theadvisory.co.za or email info@theadvisory.co.za if you require any assistance with levy disputes within your sectional title scheme.
The definition “property practitioner” encompasses a much broader audience” My questions as a Trustee in a Sectional Titles Complex is is an owner of a unit that rents the unit to an external party without a middle man (direct letting) also required to comply to all the requirements of the Act/Regulations? The Act is silent on this. In other words, must the owner let the unit also sign that “Defects” prescribed form with the tenant?
Hi Jacques,
Thank you for your comment. We can assist with your query, either with a quote for a consultation to discuss these questions, or you can submit your question for our #AskAuren campaign, where Auren selects one question per month and gives an answer containing general legal principles (not direct legal advice) on our Facebook and LinkedIn pages. Please note that in order to qualify for #AskAuren, you need to be 1) subscribed to our newsletter and 2) following either of the social accounts mentioned above. Please also note that as we only select one question per month, your question may not be answered.
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