Housing Code

National Housing Code: March 2000: Introduction

This section of the National Housing Code is an explanation of the purpose, contents and functionality of the Code. It is essential reading for understanding how the Code is assembled.

The Purpose of the National Housing Code

The purpose of the National Housing Code is to set out clearly, in one comprehensive document, the National Housing Policy of South Africa.

National Housing Policy comprises an overall vision for housing in South Africa and the way in which this vision should be implemented. National Housing Policy is contained in a range of reports, debates, laws, legislation and government papers. The National Housing Code seeks to bring together this extensive range of documentation into one overall document, so as to facilitate understanding and ensure that all implementers work towards a common vision.

The requirement to develop the National Housing Code is set out in Section 4 of the Housing Act, 1997 [Act No. 107 of 1997]. This Act requires the Minister of Housing to publish a code to be called the National Housing Code [the Code]. The Code must contain national housing policy and administrative guidelines, in order to facilitate the effective implementation of the National Housing Policy.

The Minister is required to make available a copy of the Code to every Provincial Government and Municipality.

In addition every year the Minister is required to publish a revised Code, that will contain all of the amendments made to National Housing Policy during the previous year.

The Code does not replace the key legislation and laws relating to National Housing Policy. Rather is it a statement of present policy, providing an overview and confirmation of the existing policy that is in place. As National Housing Policy is continually changing and evolving, so will the Code continually change.

The Code is intended for use by politicians, government officials, financiers, developers, non-governmental organisations, individuals and community stakeholders.

Besides outlining National Housing Policy in one comprehensive document, the Code also provides guidelines and suggestions as to how the Policy should be implemented.

By providing sufficient information to all implementers of housing, it is hoped that they will implement the National Housing Policy with clarity and a common purpose. In addition that implementation will occur in a way that is innovative and creative and offers the widest choice and the best housing options to South Africa’s households.

Contents of the Code

National Housing policy is formulated by national government and sets out all government activities in terms of housing. It responds directly to the environment and the problems and opportunities that occur in this regard. In addition it is formulated through discussion, negotiation and debate, both within government and between government and communities, individuals, non-governmental organisations, community representative organisations and the private sector.

The National Housing Policy is implemented primarily by the three spheres of government namely national government, provincial government and municipalities, each of which have clear roles and responsibilities. In addition government has established a number of institutions, organisations and committees that have a specific focus.

Complementing the activities of Government there are also an extensive range of private sector and non-governmental organisations, that undertake activities in the housing sector. While these organisations and institutions are not detailed in the Code, they are nevertheless critical to the success of the implementation of the National Housing Policy.

The National Housing Policy is set down in an extensive range of documents that form part of the law and policy making of South Africa. Some of these documents directly relate to the Housing Policy. Others do not directly address housing issues, but have an influence on how the Policy should be implemented. The Code incorporates all of these documents and shows their relevance and influence on National Housing Policy in South Africa.

The Code comprises the following parts:

User-Friendly Guide: The User-Friendly Guide is a summary of the Code and provides the reader with an overview of the information to be found in the Code. (This is the yellow section).

Part 1 is an overview of National Housing Policy. This Part provides the reader with an understanding of the framework and context for housing development in South Africa. It comprises of a background to current housing policy and outlines the underlying premises of the policy. In addition it details the key strategies comprising the Policy. (This is the green section).

Part 2 is an overview of the Housing Act, No 107 of 1997 (Housing Act). This Part assists the reader in understanding the Housing Act and outlines the institutional arrangements and the administrative systems needed to plan, manage and monitor the implementation of the National Housing Policy. (This is the pink section).

Part 3 details the National Housing Programmes including the Housing Subsidy Scheme, the Discount Benefit Scheme and the Hostel Redevelopment Programme. This part outlines the tasks that are needed to implement the Housing Policy by providing the detailed implementation rules that have been set down in order to govern the National Housing Programmes. (This is the blue section).

Part 4 includes New Developments. This Part highlights present policy with regard to social housing and includes the Rental Act. (This is mottled blue section).

Parts 1 and 2 explain existing policy. Part 3 replaces the provisions of the National Housing Programmes contained in the Implementation Manual: Housing Subsidy Scheme and Other Housing Assistance Measures. Part 4 details the government's commitment to promoting rental as a housing option.

The Code will take effect on a date to be announced by the Minister of Housing. This date will be announced when the Code is distributed to provincial and local governments and at the same time, made available to the public.

How to Use the Code

The Code is an extremely complex document, because of the need for it to cover in detail all aspects of the National Housing Policy. Nevertheless all efforts have been made, to make it as useful and accessible to the reader as possible:

The User-Friendly Guide is a summary of the Code, providing the reader with a broad overview of the information in the Code. In each section of the User-Friendly Guide direct reference to the relevant section of the Code is made, so that if the reader requires more detailed information on a particular topic, they can easily refer to the Code itself.
Each of the three Parts of the Code has been written as a complete entity, so it can either be read on its own or in combination with the others.
Each Part of the Code is preceded by a detailed table of contents to assist the reader in finding specific information easily.
Each Part and Chapter of the Code commences with an explanation of its contents.
Boxes have been used to provide additional information, facts, and issues of note or implementation tips, relating to the content. The boxes are also used to make linkages between law and policy.

Key principles, important themes or direct quotes from legislation are highlighted in bold or Italics to facilitate understanding.
At the end of the Code there is a contents page which can serve both as a bookmark and as an index for finding relevant sections quickly.

At the end of the Code there are a number of Schedules providing concise information on key national legislation, terms and development policies. The glossary of terms assists the reader to understand the terminology in the Code, while the legislative and policy section give insight into other relevant information which impacts directly on housing development.

The bottom of the page [the footer] tells the reader the year in which the Code was published and the page number.
The page numbers of the Code are numbered from number 1 onwards. The User-Friendly Guide is numbered differently from the rest of the Code. The User-Friendly Guide is identified at the foot of each page, and also starts from number 1.

The Code has been produced so that individual pages can be easily replaced. The information in the Code will be updated on an ongoing basis, as and when new policy measures are introduced or when existing measures are enhanced. When information is updated, the relevant pages of the Code will be revised and circulated. In this way the Code will be a dynamic document that is up to date and reflects current National Housing Policy.

Other Guides to Understanding the Code

At the beginning of each chapter a house will be visible. This house will have a shaded section which reminds the reader of the part they are reading.

Lastly, most of the Parts make use of tables and figures. These represent either a summary of information or a diagram explaining the process of a particular concept.