5 Steps to Agency Compliance with the PPRA
The Crackdown Starts Now: Property Developers Under the Scrutiny of the PPRA
“In the real estate world, property developers are innovators—giants of the industry who shape property trends and take risks where others dare not tread. These developers are the elite in a billion-rand industry in South Africa. However, when they step into the roles of estate agents by marketing, selling, renting, or managing their developments, they must adhere to the Property Practitioners Act No. 22 of 2019 and its accompanying regulations.” – says Janet Alexander from Principal Property Services.
Compliance with the PPRA (Property Practitioners Regulatory Authority) is mandatory for developers who take on these roles. While some developers have resisted these regulations, seeking legal opinions to bypass them, all paths eventually lead back to the same conclusion: Developers selling and renting their own properties are considered property practitioners and must register with the PPRA.
As of July 1st, 2024, all specialised property fields, including developers, must be registered with the PPRA. Compliance is crucial, and here are five steps to guide you:
- Register and Reserve Your Agency Name: Your chosen name needs to be available at both the PPRA and CIPC.
- Appoint Principal and Property Practitioners: Register these practitioners with the PPRA under your firm.
- Ensure Compliance with related authorities, including BEE and POPI.
- Maintain Agency Compliance: Adhere to ongoing PPRA regulations.
- Ensure Practitioner Compliance: All employed property practitioners must be registered and compliant with PPRA rules.
Property developers are not being singled out. This compliance is a sector-wide requirement, extending to estate agents, auctioneers, mortgage originators, and others within the property industry.
As of 1st July 2024, all specialised property fields must register with The Authority:
- Estate Agents
- Attorneys Employees
- Auctioneers
- Bridging Finance
- Business Brokers
- Developers
- Electronic Property Platforms
- Homeowners Associations
- Managing Agents
- Mortgage Originators
- Property Facilitators
- Timeshare and Fractional Ownership
The definition of a Property Practitioner as defined in the Act
(a) means any natural or juristic person who or which for the acquisition of gain on his, her or its own account or in partnership, in any manner holds himself, herself or itself out as a person who or which, directly or indirectly, on the instructions of or on behalf of any other person—
(i) by auction or otherwise sells, purchases, manages or publicly exhibits for sale property or any business undertaking or negotiates in connection therewith or canvasses or undertakes or offers to canvas a seller or purchaser in respect thereof;
(ii) lets or hires or publicly exhibits for hire property or any business undertaking by electronic or any other means or negotiates in connection therewith or canvasses or undertakes or offers to canvass a lessee or lessor in respect thereof;
(iii) collects or receives any monies payable on account of a lease of a property or a business undertaking;
(iv) provides, procures, facilitates, secures or otherwise obtains or markets financing for or in connection with the management, sale or lease of a property or a business undertaking, including a provider of bridging finance and a bond broker, but excluding any person contemplated in the definition of ‘‘financial institution’’ in section 1 of the Financial Services Board Act, 1990 (Act No. 97 of 1990);
(v) in any other way acts or provides services as intermediary or facilitator with the primary purpose to, or to attempt to effect the conclusion of an agreement to sell and purchase, or hire or let, as the case may be, a property or business undertaking, including, if performing the acts mentioned in this subparagraph, a home ownership association
Disclaimer: The information provided in this article is for general informational purposes only. While we strive to keep updates accurate, the Property Practitioners Regulatory Authority (PPRA) regulations are subject to change. PropAcademy is not responsible for any inaccuracies or decisions made based on this information. For the most current regulations, please consult the PPRA directly or visit their official website.