Landlord Association of South Africa

Housing and Homelessness Legislation in South Africa

1. Housing Act 107 of 1997

• Framework for housing development.

• Mandates national, provincial, and municipal governments to provide access to adequate housing.

• Includes National Housing Code and minimum standards.

2. Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) 19 of 1998

• Protects unlawful occupiers from eviction unless proper legal process is followed.

• Requires courts to consider the rights of vulnerable individuals before granting eviction orders.

3. Rental Housing Act 50 of 1999 (as amended by Act 35 of 2014)

• Regulates the relationship between landlords and tenants.

• Establishes the Rental Housing Tribunals.

• Sets legal requirements for lease agreements and tenant rights.

4. Social Housing Act 16 of 2008

• Provides a regulatory framework for affordable rental housing for low- to medium-income households.

• Governs accredited Social Housing Institutions (SHIs) and public rental stock.

5. Extension of Security of Tenure Act (ESTA) 62 of 1997

• Protects people living on rural land from unfair evictions.

• Regulates tenure rights of occupiers on land not owned by them.

6. Land Reform (Labour Tenants) Act 3 of 1996

• Grants rights to labour tenants on farms, including access to housing and land.

• Protects them from eviction without due process.

7. The Constitution of the Republic of South Africa, 1996 – Section 26

• Guarantees everyone the right to access adequate housing.

• The state is required to take reasonable measures to achieve this.

8. National Building Regulations and Building Standards Act 103 of 1977

• Governs building standards, safety, and habitability of residential and commercial property.

• Enforced by local municipalities.

9. Deeds Registries Act 47 of 1937

• Establishes the legal framework for property registration and title deeds.

• Ensures property ownership rights are officially recorded.

10. Sectional Titles Act 95 of 1986

• Governs ownership of property in sectional title schemes (e.g. apartments, complexes).

• Regulates body corporates and common property rules.

11. Sectional Titles Schemes Management Act 8 of 2011

• Supplements the Sectional Titles Act.

• Sets out management and operational procedures for sectional title schemes.

12. Community Schemes Ombud Service Act 9 of 2011

• Establishes the CSOS to resolve disputes in community housing schemes (sectional titles, retirement homes, etc.).

13. Land Use Planning and Management Act (SPLUMA) 16 of 2013

• Provides a framework for spatial planning and land use management across municipalities.

• Affects property development, zoning, and permits.

14. Municipal Systems Act 32 of 2000

• Local municipalities must plan and deliver housing and related services.

• Requires Integrated Development Plans (IDPs) that include housing strategies.

15. Expropriation Act 63 of 1975 (to be replaced by new Expropriation Bill)

• Outlines the process through which government can expropriate land, including for housing.