How does the Housing Consumers Protection Measures Act No. 95 of 1998 define a Developer?
The definition under the “Business of a Home Builder” also apply to the activities of a Developer who construct a residential unit (home) or to cause a residential unit (home) to be constructed which is to buy land and develop such land, constructing a residential (home) on such land for the purposes of Selling, Leasing, Renting or disposing of such a residential unit (home). See Act No 95 of 1998 Section 1 under Definitions “Business of a Home Builder” (a) to (d) and Regulation 1406 Rule 1 (5).
Can the Developer also be directly involved in the construction of residential homes or sectional title units?
As per the Act No 95 of 1998 Section 1 (a) to (d) and Regulation 1406 Rule 1 (5), the Developer is entitled to be directly involved in the construction of all Residential units (homes).
Is the Developer allowed to use other registered Home Builders or Building Contractors with construction of any residential homes or sectional title units?
Yes, the Developer may be the cause of a residential home or sectional title unit to be constructed by employing a Home Builder or Building Contractor.
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