Property Practitioners Act, 2019 (Act No. 22 of 2019)
Act
Preamble
Chapter 1 : Definitions, Application, Objects and Establishment of Authority
1. Definitions
2. Application of Act
3. Objects of Act
4. Exemption from Act
5. Establishment of Property Practitioners Regulatory Authority
6. Functions of Authority
Chapter 2 : Board of Authority
7. Composition and appointment of Board
8. Disqualification from membership of Board
9. Powers and duties of Board
10. Good governance and code of ethics
11. Conflict of interest of members of Board
12. Termination of Board membership
13. Meetings of Board
14. Committees of Board
15. Dissolution of Board
Chapter 3 : Appointment of CEO and Staff of Authority
16. Appointment of CEO
17. Staff of Authority
18. Conflict of interest of employees
19. Delegation
Chapter 4 : Transformation of Property Sector
20. Property sector transformation
21. Property Sector Transformation Fund
22. Property Sector Research Centre
23. Exemptions in respect of accounting records and trust accounts
Chapter 5 : Compliance and Enforcement
24. Appointment of inspectors
25. Powers of inspectors to enter, inspect, search and seize
26. Compliance notices
27. Fine as compensation
28. Lodging of complaints
29. Mediation
30. Adjudication
31. Adjudication Appeal Committee
Chapter 6 : Finances
32. Funds of Authority
33. Financial year and deposits
Chapter 7 : Property Practitioners Fidelity Fund
34. Property Practitioners Fidelity Fund
35. Primary purpose of Fund
36. Control and management of Fund
37. Claims from Fund
38. Payments from Fund
39. Authorisation of grants
40. Indemnity insurance
41. Fees payable by property practitioner
42. Co-operation by claimant
43. Actions against Authority in respect of Fund
44. Application of insurance monies
45. Transfer of rights and remedies to Authority
46. Fund exempt from insurance laws
Chapter 8 : Property Practitioners
47. Application for Fidelity Fund certificate
48. Prohibition on rendering services without Fidelity Fund certificate
49. Mandatory time periods for issuing certificates
50. Disqualification from issue of Fidelity Fund certificate
51. Amendment of Fidelity Fund certificate
52. Withdrawal of lapse of Fidelity Fund certificate
53. Mandatory display of Fidelity Fund certificate
54. Trust account
55. Duty of property practitioner to keep accounting records and other documents
56. Property practitioner not entitled to remuneration in certain circumstances
57. Mandatory indemnity insurance
58. Limitation on relationships with other property market service providers
59. Insolvency or liquidation of property practitioner
Chapter 9 : Conduct of Property Practitioners
60. Application of this Chapter and Chapter 10
61. Code of conduct for property practitioners
62. Sanctionable conduct
63. Undesirable practices
64. Supervision of candidate property practitioners
65. Franchising
66. Prohibition on conduct to influence issue of certain certificates
Chapter 10 : Consumer Protection
67. Mandatory disclosure form
68. Agreements
69. Consumer education and information
Chapter 11 : General
70. Regulations
71. Penalties
72. Delegation of powers by Minister
73. Legal proceedings against Authority
74. Use of name of Authority
75. Transitional provisions
76. Repeal
77. Short title and commencement
Regulations
Property Practitioners Regulations, 2022
Chapter 1 : Definitions, Application and Exemptions
1. Definitions
2. Exemption from Trust Accounts
Chapter 2: Transformation and Regularisation
3. Transformation and Regularisation
Chapter 3 : Compliance, Enforcement and Dispute Resolution
4. Format of Compliance Notice
5. Form for Lodging Complaint
6. Referral of Complaint to Mediation
7. Notice of Mediation
8. Notice of Adjudication
9. Procedure for Adjudication
10. Record of Adjudication Proceedings
11. Lodging an Appeal Re: Outcome of Adjudication
12. Notice of Appeal
13. Procedure for Appeal
14. Record of Appeal
Chapter 4 : Fees and the Fidelity Fund
15. Fees payable under the Act
16. Method of automatically escalating fees annually
17. Claims from Fidelity Fund
18. Inquiries Re: Claims from Fidelity Fund
19. Claims of Trust Monies by previously Unidentified Beneficiaries
20. Maximum Pay-Outs from Fidelity Fund
Chapter 5 : Fidelity Fund Certificates
21. Form and Deadline for applying for Fidelity Fund Certificates
22. Format of Fidelity Fund Certificate
23. Penalty for late FFC Applications
24. Deadline for responding to notice of amendment of FFC
25. Obligation to hold a Fidelity Fund Certificate
26. Fidelity Fund Certificates to be Industry Specific
Chapter 6 : Trust Accounts and Details of Auditor
27. Information about Trust Account
28. Information Re: Separate Savings Account
29. Bank's Declaration of Interest
30. Trust Account Administration
31. Winding Up Trust Accounts
32. Update of Auditor's Details
Chapter 7 : Training, Conduct and Consumer Protection Measures
33. Standard of Training
34. Code of Conduct
35. Undesirable Business Practices
36. Mandatory Disclosure
37. Wording on Letterheads and in Agreements
Chapter 8 : Administrative and other matters
38. Distinction between Minor and Major Contraventions
39. Specification of other services
40. Document Retention
41. Administrative Matters
Schedule 1 - Administrative matters relating to Exemptions
Schedule 2 - Administrative matters relating to Registrations and Fidelity Fund Certificates
Schedule 3 - Grants from the Fidelity Fund
Schedule 4 - General Administrative Matters
Schedule 5 - Transition
Proclamations
Commencement of the Property Practitioners Act, 2019
Proclamation 47 of 2022