Priority Housing Development Areas Regulations

5 June 2013

PHDA Regulations – Draft May 2013

Draft regulation has been compiled in close consultation with the Housing Development agency (HDA) to guide the implementation of PHDAs.

Purpose of the Regulations

•To regulate matters related to the declaration and implementation of priority housing development areas,

•To provide guidance on each of the steps to be taken in the various stages and processes of declaration, funding and implementation of a priority housing development area

PHDA stages

1.Preliminary declaration

2.Consultation process

3.Declaration

4.Implementation

a. Preliminary declaration

i. Identify PHDAs (HDA, Province, Municipality )

ii. Motivation to Minister of

Human Settlements

iii. Planning

iv. Funding

v. IGRb. Process

c. Declaration

d. Implementation & Closure

vi. Submission to Minister

Milestone: •Development

Plan•Secured Funding

•Implementation Protocol

Milestone: Preliminary

Declared PHDAs

Milestone: Declared PHDAs

PHDA Regulations – Draft Contents

Chapters

1.Interpretation

2.Declaration of a priority housing development area

3.Priority Housing Development Plan

4.Funding of a priority housing development area

5.Implementation Protocol and closure of a housing development

6.Inter-governmental collaboration

7.General

Matters dealt with in the draft PHDA Regulations• Chapter 2: Declaration of a priority housing development area

a) Motivation for preliminary declaration,

b) Measures to be undertaken following preliminary declaration,

c) Finalisation of a priority housing development plan.

• Chapter 3: Priority housing development plan

a) Details to be contained in the priority housing development plan,

b) Consultation with stakeholders to enable the compilation of the development plan,

c) Presentation of the priority housing development plan to the Minister for approval.

• Chapter 4: Funding of a priority housing development area

a) Submission of a programme to the Minister of Human Settlements to recognize the priority housing development as a dedicated national housing programme,

b) Funding the implementation of a priority housing development area.

Matters dealt with in the PHDA Regulations (2)

• Chapter 5: Implementation protocol and closure of a housing development

a) Implementation of the priority housing development by the Agency and all relevant participants,

b) Coordination and monitoring of a priority housing development area,

c) Remedies to deal with non-performance by a signatory to the Implementation Protocol,

d) Appointment of an implementing agent

e) Conversion of existing projects into PHDAs

• Chapter 6: Intergovernmental collaboration

a) Conclusion of an Implementation Protocol in accordance to the IGRF Act 13 of 2005,

b) Essential elements of cooperation between various organs of state (funding, planning, implementation of the PHDA)

c) Establishment of Committees and support structures for the management of the PHDA,

d) Management and termination of the Implementation Protocol

Process followed and timelinesMay 2013

a.Tabling of the Draft HDA Regulations before the Policy Task Team for consultation,

b.Tabling of Draft HDA Regulations before Technical MinMec, Minmec and MINTOP for consultation,

June 2013

a)Office of the Chief State Law Adviser for legal opinion to ensure that the Regulations are intra vires the enabling provision in the principal Act.

July 2013

a)Publication of HDA Regulations for public comment.

September 2013

a)Publication of final HDA Regulations

THANK YOU