Housing Project Process Guide
Housing Project Process Guide
September 2009
The greatest possible care has been taken in compiling this guide, and in
be possible, however, that there are differences in how the housing policy is
to those noted here may not be relevant for some provinces. The National
Department of Human Settlements can not take any responsibility for how
embark on a project.
Users of this guide will accordingly use it at their own risk and The National
Department of Housing will not be liable for any damages whatsoever that
may be suffered by any user of this guide arising out of any direct or indirect
GP General Plan
PART ONE
Introduction 2
PART TWO
Flow Charts 13
• Integrated Residential Development Programme 14
• Rural Housing Subsidy: Informal Land Rights 16
Project Schedule 34
The Department of Human Settlements and the National This Housing Project Process Guide is not intended to
Business Initiative produced a Housing Process Guide in replace or repeat information and guidelines in the Housing
1997. During the 12 years since then, tremendous progress Code, but is specifically intended to assist managers at
has been made with delivery, and the National Housing all levels to understand the processes that projects must
Programme and Housing Code has also evolved based on go through to achieve the required end product, the
experience and changing needs. relationships between the processes, the required time
frames and the responsibilities of the various role-players
This Housing Project Process Guide has been developed for and professionals involved.
the three specific programmes which are mostly utilized for
subsidized housing development, namely – Over the past 15 years the Department has found that in
most projects where serious delays or problems occurred,
• The Integrated Residential Development Programme it was due to crucial steps in the development process being
• The Upgrading of Informal Settlements Programme bypassed. As an example, this resulted in situations where
• Rural Housing Subsidies: Communal Land Rights houses were constructed which could not be transferred
Programme to occupants, or stands were serviced without any links to
the municipal bulk services.
The previous guide emphasised the contractual relationships
between parties in addition to the processes to be followed. The Guide is also not intended to detail the processes that
At that stage there was also a focus on social compacts Professionals follow in their work, be it town planning, design
and private developer driven housing developments. The or conveyancing, but to highlight the overall processes that
new Housing Code is comprehensive and includes detailed must be completed at specific stages of a project.
examples of contracts and contractual relationships, as well
as many specific guidelines to assist the developer of any The Guide is also not a comprehensive project management
project. guide, but is a tool for the successful project management
of housing projects, and includes a summary checklist which
A major change since 1997 is that the public sector organs can be used to monitor progress on a project, and can also
have assumed the role of developer of subsidy housing be used as the basis on which progress payments are made.
projects, although the private sector is still involved in the
implementation of the project. The Government has also The terminology used in different provinces and in the
created a Housing Development Agency to inter alia act Development Facilitation Act varies for the various processes
as developer of housing projects or which may assume a to establish development rights and ultimately enable the
developer role. The terminology used is that “Developer” developer to transfer ownership to or protect the rights
means the Government department at provincial or local of individual beneficiaries. These processes include, but are
level that is responsible for implementing the project. not limited to, subdivision, rezoning, establishment of Land
“Contractor” means any private company or individual Development Areas, township establishment and division
contracted by government to fulfil a function on the project of land. This Guide uses the generic terms “township
whether it is managing the project, providing a professional establishment” and “rezoning” to describe these processes.
service (deliver housing goods and/or services) or doing
construction.
2
Selection of Subsidy Programmes
The Housing Code describes the correct application Many of the problems experienced in the closing-out phase
of the various subsidy programmes. The diagram below of projects can be related to an inappropriate choice of
contextualizes the three programmes covered in this programme. Sometimes this is done due to a perception
Guide with notes on the selection of the correct subsidy that one programme has fewer statutory requirements than
programme. It highlights the differences between the three another, or can be implemented faster. Again, in most cases
programmes in this Guide to ensure that the correct the basic building blocks of the projects remain the same
context of the chosen programmes is fully understood. and the correct programme is usually the one that can be
fully completed in the shortest time frame.
Many of the processes in this document can also be applied
to other Housing Programmes, although the product may
be completely different. The basic building blocks and the
statutory requirements of a housing project remain similar.
Users of this Guide can select applicable components of
the project schedules and checklists and adapt it for their
specific circumstances.
4
National Housing Policy Context
The South African Constitution, 1996 enshrines the right of While retaining the basic principles of the Housing
everyone to have access to adequate housing and makes it White Paper, the Comprehensive Plan shifts the focus to
encumbent upon the State to take reasonable legislative and improving the quality of housing and housing environments
other measures within its available resources to achieve the by integrating communities and settlements through a
progressive realisation of this right. holistic development orientation. It also sets new minimum
standards for housing products improving privacy and
In response to this Constitutional imperative, Government sustainability by providing for the development of a range
has in terms of the Housing Act, 1997 (Act No 107 of of social and economic facilities in human settlements.
1997) introduced a variety of programmes which provide The Comprehensive Plan also focuses on the upgrading of
poor households access to housing opportunities. The informal settlements in order to meet the Government’s
policy principles set out in the White Paper on Housing commitment towards achieving the Millennium Goal of the
aim to provide poor households with houses as well as United Nations to improve the lives of 100 million slum
basic services such as potable water and sanitation on an dwellers worldwide.
equitable basis.
In order to support the implementation of the
The limited resources available from the fiscus however Comprehensive Plan, housing departments in all spheres of
necessitate the prioritisation of the most vulnerable groups Government, as well as Housing Support Institutions have
as well as the provision of housing, security and comfort to been extensively restructured.
all over time.
Likewise, the National Housing Code of the year 2000 has
Ten years after the introduction of the housing programme been substantially revised.The National Housing Code 2009
in 1994, a comprehensive review was undertaken of the is aimed at simplifying the implementation of housing projects
outcomes of the programme and the changes in the socio- by being less prescriptive while providing clear guidelines.
economic context in the country. This lead to the approval The rest of this document contains a broad overview of the
of the Comprehensive Plan for the Creation of Sustainable programmes in the National Housing Code.
Human Settlement commonly referred to as “Breaking New
Ground” or “BNG”, by Cabinet in September 2004. It is important to note that in respect to all programmes
which are not contained in the Housing Code, 2009 the
rules of the National Housing Code, 2000 will apply.
6
The Three Programmes
8
The Three Programmes
This Programme may be undertaken in three phases, The Provincial Housing Departments can assist a municipality
focusing on community participation, planning, emergency if the municipality lacks capacity, and can assume the role
services, basic services and housing construction as part of of developer if the municipality cannot meet the project
a final phase. commitments.
Rural Housing Subsidy: Communal Land the rules or custom of that community. It is a pre-requisite
What is the programme about? tenure right on the portion of land allocated to him or her.
Owing to the difficulty of defining rural and urban areas, the The housing subsidy may be utilised for the development of
conventional wisdom tends to view human settlements on a internal municipal residential services where no alternative
continuum from major metropolitan urban agglomerations funds are available, house building, upgrading of existing
through various secondary settlements, to small towns and services where no alternative funding is available, the
down to widely dispersed homesteads in remote areas. upgrading of existing housing structures or any combination
of the said options.
cater for all these diverse circumstances. Bearing in mind Comprehensive Plan for the Creation of Sustainable Human
the policy principle of tenure security, the various subsidy Settlements for a needs-orientated rural development
instruments provide for assistance in all types of settlements programme that caters for traditional technologies,
along the continuum where freehold or rental tenure can appropriate funding mechanisms, and addressing the
Hence, it was necessary to develop a programme to assist • Lawfully reside in South Africa (i.e. citizen of the Republic
households in areas with communal tenure to access of South Africa or in possession of a permanent residence
The Rural Housing Programme only applies in areas of • Are legally competent to contract (i.e. over 18 years
communal tenure and requires that tenure rights first be of age or legally married or legally divorced or declared
confirmed through the processes prescribed by the Minister competent by a court of law and sound of mind);
of Rural Development & Land Reform. Furthermore, • Are neither the applicant nor his or her spouse has
subsidies are only available on a project basis but can be previously benefited from government assistance; and
flexibly applied to meet real needs. • Has not owned fixed residential property.
The Programme thus deals with the rules for housing Certain conditions apply to the following groups:
subsidies for housing development on communal land • Persons who are married or habitually cohabiting;
registered in the name of the State and which will be held • Single persons with financial dependants;
10
The Three Programmes
• Households with a monthly income in the range as How to access the programme
annually announced;
• Persons who have benefited form the Land Restitution Funding under this Programme will only be available within
Programme; the context of an approved housing development project
• Persons classified as Military Veterans as confirmed by and may not be accessed on an individual basis. The housing
the SANDF; and subsidies allocated to beneficiaries under this Programme
• Persons in polygamous unions may apply for a rural are awarded to persons who enjoy informal land rights
subsidy. In such cases, where available, applicants must protected by the provisions of the relevant legislation.
submit affidavits from the traditional leaders or the Subsidies under this Programme will only be approved if no
person who performed the marriage. other form of subsidy can be applied. It is a pre-requisite for
project approval that the beneficiary community members
must participate in all aspects of the housing development
Important considerations that is planned and will be undertaken.
This section contains generic flow charts for the three The flow charts follow a serial project process, but many
programmes.The charts utilise the same building blocks and processes can be done in parallel if the risks are clearly
symbols wherever possible. These symbols are expanded understood and managed. It could lead to fruitless
upon and more detail of individual steps and processes expenditure if the engineer is instructed to design the
provided in the “notes on flow charts” following the charts. services before the layout plan and General Plan is approved,
as changes may lead to a re-design.
The Integrated Residential Development Programme and
the Upgrading of Informal Settlement Programme has The flow charts cannot show all the links, as it would clutter
been combined into one chart. The processes required the picture unnecessarily. The phase close-outs indicated in
for these programmes are essentially the same, with the yellow diamonds are intended to show that they are specific
main difference being the development in situ of an informal processes which must be completed, but they all link to the
settlement with the additional requirements of dealing with final project completion and hand-over, although this is not
the residents during planning and construction. explicitly shown.
Most projects require all the steps in the flow charts, but The township establishment process is generic, as it was
some may be well advanced and for example only require found that the various Provincial Ordinances and the
the construction portion within an already established Development Facilitation Act require the same steps before
township, or where a rezoning is required rather than proclamation can take place, although the sequence and
township establishment. The flow chart remains a guide terminology varies.
to confirming that all the preceding processes have been
properly completed. The tasks done by professionals are also not detailed, but
the outcome is shown or there is a specific phase close-out.
Examples are township approvals, conveyancing, engineering
design, etc.
ICON DESCRIPTION
This icon signifies that a sub-process would normally be required.
This icon signifies that an action, document or sub-process would be required to complete a
specific task.
This icon signifies the initiation of a specific phase.
This connector represents the flow process from one activity to another. Black connectors
represent the main process flow.
Coloured connectors contextualises the flow between phases and should not be used as a
short-cur procedure.
Appoint Core
Municipality calls for land
Team
availability
Finalize Market
Adjudication of land Development Analysis
proposals in relation to IDP’s Scope
and selection of priority land Negative Positive
Land
Municipality secures land, Register
Planning Process
undertakes feasibility study,
prepares project Initial feasibility study
descriptions and compiles UISP
IRDP
Public
Greenfields
Secure No
Ownership
of Land
Municipality (if required)
Land Surveyor:
requests project No Non-compliance Base map
enrollment with
NHBRC Town Planner:
Statutory
Layout Plan
Assessment
Engineer:
Availability of services reports
Yes
Physical Environmental
Procurement Method Investigation Practitioner: EIA application
Approval documents
comprise of:
1. Approved layout plan / Close-out Approval of Obtain
subdivision plan Township
Beneficiaries Clearance
Close-out
Phase Phase
2. Approved Conditions of Subsidy Process Certificates
Establishment / Conditions of
approval
Subsidy Close-out
Prepare Final Documentation Phase
Application
for Approval Completion
approval
and Handover
of services to
Council
Negative Positive Allocation
of houses
House Construction:
Occupation
Obtain Comments - Submit building plans
of houses
- Approved building
and title
plans
deed
- House Construction
Statutory Advertisement handover to
beneficiaries
Building Inspection:
Advertisement - Foundation certificate
of Application - Structural certificate
Handover of Project - Occupation certificate
Circulation of
Close-out
Application Phase
Documented Completed
proof of all the close-out Top Structure
phases during project
Preparation life cycle
and Submission Close-out
Phase
of Application
Occupation
Amend Certificates
application Prepare final
Distribution of Layout to
drawdown
project team
Submit
Layout and Design of drawdown
Populate Base Map
Township to MEC
- Installation of Services
- Construction of Houses
15
RURAL SUBSIDY: COMMUNAL LAND RIGHTS
CLaRA
Municipality confirms project
part of Housing Chapter of
IDP and funding reservation
Minister Community Minister
agreed with MEC
establishes establish Land appoint Land
Land Rights Administration Rights
Board Committee Enquirer
Community applies to the
municipality to appoint
implementing agent /
Community registers Community Rules with
supporting organisation
department and becomes juristic person
Application not
Municipality assesses Recommended
Land Rights Enquiry Commences
application and make
recommendations to MEC
Application
Land Rights enquiry report submitted to Minister Recommended
PHD
evaluates
Determination by Minister application and
submits to
MEC Application
Communal Individual Refused
Combination
Land Ownership
Application
Municipality secures Approved
procurement of services
of implementing agent /
Community
support organisation
applies to
municipality
Feasibility Process
Development Contract:
Use community contractors:
Contractual Two types of contracts
allowed for:
Completed Matters
CLaRA C - Installation of Services
process - Construction of Houses
Status Quo
Finalize
Development
Scope
16
Implementation
Planning Process
Process
Obtain
Land Affairs Beneficiaries Clearance Close-out
to approve PHD record project Subsidy Process Certificates Phase
development on HSS and inform
on State municipality of decision
owned land Close-out
Subsidy
Phase
Application
approval Completion
Project agreement and Handover
Statutory
concluded of services to
Assessment
Council
Allocation
Where
New constructed of houses Applicable
houses registered
PHD checks with NHBRC
House Construction:
information and Occupation
- Submit building plans
tests against of houses
- Approved building
database and title
plans
deed
- House Construction
Where
handover to
Applicable beneficiaries
Building Inspection:
Implementing agent / - Foundation certificate
supporting organisation - Structural certificate
prepares and submits Handover of Project - Occupation certificate
project application to
MEC
Where
Applicable
Close-out
Physical Phase
Land Surveyor: Documented Completed
Investigation Base map
proof of all the close-out Top Structure
Town Planner: phases during project
Layout Plan life cycle
Close-out
Source Base Phase
Documents Engineer:
Availability of services reports Occupation
Certificates
Environmental Prepare final
Practitioner: EIA application drawdown
Populate Base Map
Geotechnical Engineer:
Geotechnical investigation Where
Submit Applicable
Payout
Distribution of Process
Layout to project
team
17
Notes on Flow Charts
This section provides more detail on the individual icons which has an important impact on the processes to be
used in the flow charts.These icons include workflows, tasks followed.
and decisions which are described in the tables below.
The NHBRC requirements are also set out in more detail
Two processes are expanded on in more detail. The to assist with the understanding of their requirements.
procurement strategy is an important up-front decision
Procurement Strategy
No Yes
18
National Home Builder’s Registration Council (NHBRC)
Incomplete Unacceptable
NHBRC reviews project
NHBRC requests further NHBRC rejects application
description and preliminary
particulars and notifies MEC
Geo-technical Report
Complete
Unacceptable
Acceptable
No
20
REFERENCE TABLE
Municipality
requests project
enrollment with
NHBRC
22
REFERENCE TABLE
24
REFERENCE TABLE
26
REFERENCE TABLE
28
REFERENCE TABLE
63 Allocation
Municipality allocates houses per beneficiary Municipality /
of houses registration. PHD
30
REFERENCE TABLE
PHD checks
information and
tests against
database
MEC
approves project
application
32
REFERENCE TABLE
The project schedule is also a generic schedule which The township establishment schedule and/or process
project managers can use to plan their specific projects.The for obtaining the necessary land use rights is based on
time required for construction will vary from project to the statutory periods contained in the DFA. The time for
project, as will environmental and other approvals. Users of comments and approvals by municipalities and government
this Guide can use the schedule as a general tool to plan and departments are often the most difficult to manage, but is
manage their projects, but the best use will be to utilise the also the one area where a project can inter alia be accelerated
electronic version and adapt the schedule to their specific through good co-operative governance.
project requirements and circumstances.
1. Housing process
34
2. Township establishment
36
4. Environmental impact assessment
38
6. Land surveying & conveyancing
40
8. Land servicing
42
10. Project handover
2 Township Establishment
2.1 Identify land
2.2 Feasibility Studies
2.3 Establish registered owner
2.4 Negitate with owner
2.5 Conclude agreement
2.6 Land investigation into legal / cadastral position of land
2.7 Title deed description and area
2.8 Existing leases (registered / unregistered)
2.9 Restrictive conditions - servitudes
2.10 Restrictive conditions - other rights
2.11 Restrictions - surrounding development
44
DEVELOPMENT CHECKLIST
46
Department of Human Settlements