Legislative mandate
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The HDA is a combination of key legislation as well as policy. The legislative mandate has its roots in the Constitution of the Republic of South Africa of 1996; the enabling legislation provided by the Housing Act of 1997; the Comprehensive Plan for the Development of Sustainable Human Settlements of 2004; and the Housing Development Agency Act, which created the Agency as a juristic person.
The Constitution of the Republic of South Africa
Section 26 of the Bill of Rights (as contained in Chapter Two of the Constitution) mandates the state to achieve the progressive realisation of the rights of all citizens to adequate housing.
Download the Constitution of the Republic of South Africa
The Housing Act No 107 of 1997
Section 3(4)(h) of the Act provides for the establishment and financing of institutions for the purpose of housing development including those listed below.
- National Home Builders' Registration Council (NHBRC): www.nhbrc.org.za
- National Housing Finance Corporation (NHFC): www.nhfc.co.za
- National Urban Reconstruction and Housing Agency (Nurcha): www.nurcha.co.za
- Rural Housing Loan Fund (RHLF): www.rhlf.co.za
- Social Housing Foundation (SHF): www.shf.org.za
The Comprehensive Plan for the Development of Sustainable Human Settlements (2004)
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Also known as the Breaking New Ground (BNG) policy, this plan reflects a change in policy from “the provision of housing” to “the creation of sustainable human settlements”, marking the initiative to integrate previously excluded groups into cities and give them access to the socio-economic benefits cities can bring.
The rapid release of well-located land for integrated housing is seen as one of the cornerstones of the BNG policy. The policy identifies land availability as a key constraint to the creation of sustainable human settlements. The HDA was established in response to this constraint in the housing value chain.
Download the Comprehensive Plan for the Development of Sustainable Human Settlements (2004)
The Housing Development Agency Act No 23 (2008)
The mandate, role and functions of the HDA are defined in the Housing Development Agency Act (Act No 23 of 2008). This Act provides the framework in which the HDA operates, and it makes provision for the HDA to expedite the processes of housing development by overcoming the delivery challenges across all spheres of government. The specific mandate of the HDA is to identify, acquire, and manage the release of land and development of land for human settlement developments.