CHAPTER 194
HOUSING (STATUTORY AND IMPROVEMENT AREAS) ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Application

   3.   Interpretation

PART II
STATUTORY HOUSING AREAS

   4.   Declaration of Statutory Housing Areas

   5.   Subdivision and letting of land in Statutory Housing Areas

   6.   Land comprised in grants

   7.   Council certificate of title

   8.   Council certificate of title to be conclusive evidence of interest in land

   9.   Registered encumbrances to be noted on council certificate

   10.   Interest outstanding at time of issue of certificate

PART III
REGISTRATION OF TITLES

   11.   Register of titles

   12.   Presentation book

   13.   When documents deemed to be registered

   14.   Priority determined by registration and not by execution

   15.   Memorial of registration

   16.   Unregistered document invalid

   17.   Registrar may refuse to register document

   18.   Translations

   19.   Registry open for search

   20.   Official certificates of search

   21.   Indemnity of officers of registry

   22.   Form of transfer

   23.   Form of mortgage

   24.   Mortgage by deposit of documents

   25.   Transmission

PART IV
CAVEATS

   26.   Caveat against dealing with land

   27.   Particulars to be stated in caveat

   28.   Service of notices as to caveats

   29.   Effect of caveat against dealings

   30.   Notice of caveat to be given to persons affected

   31.   Removal of caveat and compensation

   32.   Caveat may be withdrawn

PART V
RECTIFICATION OF TITLES:

CANCELLATION OF ENTRIES AND CORRECTION OF DOCUMENTS

   33.   Wrongful or fraudulent entries or retention of documents

PART VI
TRUSTS

   34.   No entry of trusts to be made on register except those specially authorised

   35.   Vesting in new trustees

PART VII
SPECIAL POWERS AND DUTIES OF REGISTRAR

   36.   Powers of Registrar

PART VIII
IMPROVEMENT AREAS

   37.   Declaration of Improvement Areas

   38.   Subdivision and control of Improvement Areas

   39.   Occupancy license

PART IX
MISCELLANEOUS

   40.   Construction of buildings in Statutory Housing Areas or Improvement Areas

   41.   Attestation of signatures

   42.   No dealing with land except with the council's consent

   43.   Loss of certificate of title

   44.   Offences

   45.   Penalties

   46.   Registrar may submit special case

   46A.   —

   47.   Regulations

   48.   Certain Acts not to apply to Statutory Housing Areas or Improvement Areas

      SCHEDULE

AN ACT

to provide for the control and improvement of housing in certain areas; and to provide for matters connected with or incidental thereto.

[1st June, 1975]

Act 30 of 1974,

Act 13 of 1994,

Act 42 of 2010.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Housing (Statutory and Improvement Areas) Act.

2.   Application

Notwithstanding anything to the contrary contained in any written law, the provisions of any such law, in so far as they are inconsistent with the provisions of this Act, shall not apply to any land comprised in a Statutory Housing Area or in an Improvement Area.

3.   Interpretation

In this Act, unless the context otherwise requires—

“certificate of title” or “council certificate of title” means certificate of title to land issued in accordance with the provisions of this Act;

“charge” means any charge created on land for the purpose of securing the payment of money and also the document by which the charge is created;

“chargee” means the person in whose favour the charge is created, and includes the person for the time being entitled to the benefit of such charge;

“council” means a Municipal Council, township council, rural council or any other council established under the Local Government Act;

[“court” rep by s 2 of Act 42 of 2010.]

“dealing” means any transaction of whatever nature affecting land;

“document” means a document of lease or grant under which a council derives any leasehold interest in respect of land situated in a Statutory Housing Area or in an Improvement Area, and includes any other document referred to in this Act;

“dwelling” means any building or structure or part of any building or structure designed to operate or to be used as living accommodation, and includes any yard or garden appurtenant thereto or enjoyed therewith;

“grant” means a grant of land for a term of years certain made to a council for the purposes of this Act;

“improvement” includes a building or any other structure of whatever kind on land;

“Improvement Area” means any area of land declared as such in accordance with the provisions of this Act;

“land” means—

      (a)   in relation to Parts II to VII inclusive, land within a Statutory Housing Area;

      (b)   in relation to Part VIII, land within an Improvement Area; and

      (c)   where applicable, in relation to Part IX, land within a Statutory Housing Area or in an Improvement Area, as the case may be;

and in any such cases includes anything attached to the earth or permanently fastened to anything which is attached to the earth, but does not include any mineral right in or under or in respect of any such land;

“Lands Tribunal” means the Tribunal provided for under section 3 of the Lands Tribunal Act, 2010;

[Ins by s 3 of Act 42 of 2010.]

“let” includes transfer, sub-letting or parting with possession;

“memorial” means the entry signed by the council Registrar on a council certificate of title embodied in the council register in respect of any document presented for registration;

“minor” means a person who has not attained the age of twenty-one years;

“mortgage” includes a charge and the document creating such charge;

“National Housing Authority” means the National Housing Authority established under the National Housing Authority Act;

“register” or “council register” means the register of titles to land to be kept and maintained in accordance with the provisions of this Act;

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