National Home Builders' Registration Council & Another v Xantha Properties 18 (Pty) Ltd (780/2018, 784/2018)
National Home Builders' Registration Council & Another v Xantha Properties 18 (Pty) Ltd (780/2018, 784/2018) [2019] ZASCA 96; 2019 (5) SA 424 (SCA) (21 June 2019)
Section 14(1) of the Housing Consumers Protection Measures Act 95 of 1998 applies to homes constructed for the purpose of being let or rented out. The definition of 'business of a home builder' was amended to include leasing and renting, and the Act's underlying purpose is to ensure all homes meet prescribed standards, regardless of whether they are sold or let. The respondent's argument that tenants are not housing consumers and that enrolment is irrational is rejected. The Act requires registration and enrolment for all homes, and inspectors must be able to identify and inspect them. There…
Source excerpt
- Housing Consumers Protection Measures Act
- Statutory Interpretation
- Enrolment Of Homes
- Consumer Protection
- Constitutional Rights
- Costs In Constitutional Litigation