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Chief Registrar's Circular 13/2005

18 August 2005

The Chief Registrar's Circular No. 13 of 2005 was released on 11 August. It concerns the incorporation of sections 10A and 10B of the Housing Amendment Act, No 4 of 2001 into the Housing Act, Act 107 of 1997. These sections prescribe the conditions to which State subsidized housing must be made subject when transferred.

Section 10A deals with the restriction on the voluntary sale of state subsidised housing and the fact that the Department of Housing has indicated that the provisions of Section 10A(1) - dealing with pre-emptive rights - of the Act shall only be applicable with regard to first time registrations of transfers of properties to beneficiaries. And that it will not apply to properties that have been sold or transferred to beneficiaries before the coming into operation of sections 10A and 10B (February 2002), nor to those properties that were not made subject thereto at the time of registration of transfer.

The circular then gives an example of the pre-emptive right and its consequences, for both attorneys and the registrar of deeds.

Section 10B deals with the restriction on involuntary sales of state-subsidised housing in which it is noted that no distinction need be made between voluntary and involuntary sales as provided for in sections 10A and 10B of the Act. The pre-emptive right applicable to a person, as provided for in section 10A, will automatically be applicable to such person's successors in title or creditors in law.

Chief Registrar's Circular No. 13 of 2005
 

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