CLARITY COMMUNIQUE ON 30- JUNE DEADLINE FOR NON-COMPLIANCE WITH EDUCATIONAL REQUIREMENTS
This serves to communicate to all PPRA stakeholders that the deadline of 30 June 2023 requiring compliance with Education Regulations will not be extended. The PPRA wishes to clarify stakeholders of the following:
1. Who is not affected:
1.1. Candidate Property Practitioners (estate agents) who, according to the records of the PPRA, have NOT been registered as candidate estate agents for a period exceeding twenty-four (24) months, calculated as from the date of the first issue to such persons of a valid candidate fidelity fund certificate and are in the process of complying with Education Regulations, i.e they are currently ensuring that by the end of their 24th month, the following will be complied with:
1.1.1. the prescribed intern logbook and associated portfolio of evidence;
1.1.2. met the prescribed FETC in Real Estate (NQF Level 4); and
1.1.3. written and passed PDE 4.
1.2. It is emphasized that Candidate Property Practitioners (estate agents) who at the end of the 24th month continue to be non-compliant with Education regulations, i.e., they fail to complete and submit the intern logbook and associated portfolio of evidence, and/or fail to be certificated against the prescribed FETC in Real Estate (NQF Level 4) and/or fail to write and pass PDE 4, whichever is applicable, will be rendered disqualified accordingly and they will face the consequences outlined in clause 3 below.
2. Who is affected:
2.1. candidate property practitioners (estate agents) who, according to the records of the PPRA, have continuously been registered as candidate property practitioners (estate agents) for a period exceeding twenty-four (24) months, calculated as from the date of the first issue to such persons of a valid candidate fidelity fund certificate and have not yet submitted a signed-off logbook and/or have not met the prescribed qualification, FETC in Real Estate (NQF Level 4) and/or have still not written and passed PDE 4 for candidate and non-principal property practitioners.
2.2. Full status non-principal property practitioners (estate agents) who have not met the prescribed qualification, FETC in Real Estate (NQF Level 4) and/or have still not written and passed PDE 4 for non-principal property practitioners.
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2.3. Principal property practitioners who have not met the prescribed qualification, National Certificate in Real Estate (NQF Level 5) and/or have still not written and passed PDE 5 for principal property practitioners.
3. The consequences of being rendered disqualified as a property practitioner in terms of 50(b)(ii) of the PPA:
The consequences of a disqualification in terms of 50(b)(ii) of the PPA are that:
3.1. The disqualified persons will be blocked and unable to renew their fidelity fund certificates for the 2024 or any ensuing calendar years.
3.2. An administrative penalty of R1000.00 will be imposed on such disqualified persons (the payment process of this penalty will be outlined in the letter of disqualification which will be issued to the disqualified persons).
3.3. The administrative penalty must be paid by the disqualified persons concerned before any further fidelity fund certificates may be issued to them.
3.4. Disqualified persons can, should they choose to do so, apply to the PPRA under the provisos of section 52(6) and (9) of the PPA, for consent to practice as property practitioners or the issue of a fidelity fund certificates.
3.5. In launching an application in terms of the proviso to the PPA, applicants must satisfy the PPRA, with due regard to all relevant considerations, that the issue of a fidelity fund certificate for 2024 will be in the interest of justice.
3.6. A substantive application made by a disqualified person in terms of the provisos of section 52(6) and (9) of the PPA must be lodged with the PPRA, in the prescribed manner, within a period of sixty (60) days after the person concerned is notified by the PPRA, in writing, of the disqualification.
3.7. Failure by a disqualified person to apply for the issue of a fidelity fund certificate for the 2024 calendar year pursuant to the provisos of section 52(6) and (9) of the PPA, within the period set forth in 3.6, will render that person ipso facto automatically deregistered as a property practitioner (estate agent).
3.8. A disqualified property practitioner who applies for the issue of a fidelity fund certificate pursuant to the provisos of section 52(6) and (9) of the PPA will remain blocked until:
3.8.1. the PPRA has received a substantive application from the applicant, in the form of an affidavit, together with all supporting documents necessary or required to enable the application to be duly considered, in which the applicant provides sound and valid reasons as to why the issue of a fidelity fund certificate to the applicant will be in the interest of justice; and
3.8.2. such application has been duly considered and approved.
3.9. After receipt, consideration, and approval, of a compliant application made in terms of the provisos of section 52(6) and (9) of the PPA for the issue of a fidelity fund certificate for 2024, the applicant property practitioner may:
3.9.1. be unblocked; and
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3.8.2. granted a maximum further period of six (6) months, calculated as from the date of the unblocking of the applicant property practitioner, within which to comply with any outstanding educational requirements in terms of the Education Regulations.
3.10. No further extensions of time, other than that provided for in 8.9.2, shall be granted to the applicant property practitioner.
3.11. Failure by an applicant property practitioner to comply with any outstanding educational requirements in terms of the Education Regulations within the period referred to in 3.8.2 will render that estate agent ipso facto deregistered as a property practitioner.
3.12. A property practitioner who has been deregistered by the PPRA pursuant to 3.11 may re-register as a property practitioner but only in the capacity of a Candidate Property Practitioner. 3.13. Such persons shall be required to comply with all the requirements pertaining to a Candidate Property Practitioner.
Issued by the Education and Training Department
15 May 2023
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Clarity Communique On 30 June 2023 Deadline |
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