Rebosa applied to the Property Practitioners Regulatory Authority (PPRA) for a conditional exemption from the provisions of section 67(1) of the Property Practitioners Act, 22 of 2019, read together with regulation 36 of the Regulations.
These provisions require that a Mandatory Disclosure Form (MDF), in the prescribed format, be completed and annexed to every sale and lease agreement. However, the prescribed MDF has presented a number of practical challenges, particularly within the residential sector. Additionally, no official version existed for residential lease transactions.
We are pleased to confirm that the PPRA has granted Rebosa and its members a conditional exemption from section 67 and regulation 36, specifically for residential property transactions. This exemption is granted on the proviso that Rebosa has developed and submitted a revised version of the Mandatory Disclosure Forms, which members may now use in place of the prescribed format. These revised MDF documents have been designed to address the practical difficulties previously encountered and ensure appropriate coverage for both sale and lease agreements in the residential sector.
Members who choose to utilise the Rebosa MDF templates must ensure that:
The forms are completed using the official Rebosa templates provided; and
A copy of the PPRA exemption letter is retained in their compliance files for inspection purposes.
PPRA inspectors have been formally advised that Rebosa members are permitted to use the Rebosa MDFs. However, during inspections, they will request the exemption letter as confirmation of both Rebosa membership and the authority to use the exempted forms.
Download the following documents HERE:
Rebosa Mandatory Disclosure Form for the Sale of Immovable Property
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Rebosa Mandatory Disclosure Form for the Leasing of Immovable Property
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PPRA Letter for Inspection Purposes
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