SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Implement and maintain legal requirements within a Real Estate business 
SAQA US ID UNIT STANDARD TITLE
258138  Implement and maintain legal requirements within a Real Estate business 
ORIGINATOR
SGB Real Estate 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 11 - Services Cleaning, Domestic, Hiring, Property and Rescue Services 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard replaces: 
US ID Unit Standard Title Pre-2009 NQF Level NQF Level Credits Replacement Status
15061  Implement and maintain legal requirements within a real estate business  Level 5  Level TBA: Pre-2009 was L5  Complete 

PURPOSE OF THE UNIT STANDARD 
This unit standard is for learners working within a Real Estate environment, seeking to acquire or enhance the competences required to be a Principal in a Real Estate business or working within a Real Estate environment specialising in management or sales or rental. The acquisition of competence against this standard will add value to learners' understanding of the sector and functioning in the workplace.

This standard will enable the learner to develop an understanding and the skills necessary to effectively engage with legal documents relating to Real Estate operations, including making the necessary amendments thereto and acting on their implications. The learner will also be able to differentiate between compliance and non-compliance with relevant Acts and Common Law.

The qualifying learner will be capable of:
  • Understanding and applying knowledge of Property Law relevant to the operation of a Real Estate business.
  • Managing and applying Transaction Law in the operation of a Real Estate business.
  • Managing and applying Business Law to the governance of the operations of a Real Estate business.
  • Mentoring and instructing agents and employees on applicable legal principles necessary to execute their job functions in, and the governance of, a Real Estate business. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that the learner accessing this standard will be competent in:
  • Communication at NQF Level 4.
  • Mathematical Literacy at NQF Level 4. 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Understand and apply knowledge of property law relevant to the operation of a Real Estate business. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The common law of property is understood and applied to the operations of a Real Estate firm. 
    ASSESSMENT CRITERION RANGE 
    The common law or property includes, but is not limited to, real and personal rights, real rights and limited real rights and types of limited real rights.
     

    ASSESSMENT CRITERION 2 
    Legislation relating to property transactions is understood and applied to the operation of a Real Estate firm. 
    ASSESSMENT CRITERION RANGE 
  • The Acts applicable to Real Estate could be amended or withdrawn and other legislation added. Competence is to be demonstrated against the applicable legislation at the time of assessment.
  • These Acts could be amended or withdrawn and other legislation added. Competence is to be demonstrated against the applicable legislation at the time of assessment.
     

  • ASSESSMENT CRITERION 3 
    The effect of Property Law on Real Estate transactions is explained with examples. 
    ASSESSMENT CRITERION RANGE 
    Property law effects include, but are not limited to legality, performance, time and performance effects.
     

    ASSESSMENT CRITERION 4 
    The effect of Property Law on amendments to Real Estate documents is analysed and explained in terms of legality, cost, and time. 

    SPECIFIC OUTCOME 2 
    Manage and apply transaction law in the operation of a Real Estate business. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The Common Law of Contract is applied to the operation of a Real Estate firm. 

    ASSESSMENT CRITERION 2 
    Legislation including Common Law of Contract affecting Real Estate transactions is applied to the operations of a Real Estate firm. 
    ASSESSMENT CRITERION RANGE 
    The Acts applicable to Real Estate could be amended or withdrawn and other legislation added. Competence is to be demonstrated against the applicable legislation at the time of assessment.
     

    ASSESSMENT CRITERION 3 
    The effect of Transaction law on Real Estate transactions, their formation and their administration is explained with examples in a Real Estate business context. 
    ASSESSMENT CRITERION RANGE 
    Transaction law effects include, but are not limited to legal, performance, time performance, payment in local and foreign currencies.
     

    ASSESSMENT CRITERION 4 
    The effect of Transaction law on amendments to Real Estate documents is analysed and explained in terms of legality, cost, and time, in a Real Estate business context. 

    ASSESSMENT CRITERION 5 
    The rules for interpreting contracts and legislation are distinguished and applied to contracts on an on-going basis. 

    SPECIFIC OUTCOME 3 
    Manage and apply Business law to the governance of the operations of the a Real Estate business. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Common law is applied to the governance of the operations of a Real Estate business. 
    ASSESSMENT CRITERION RANGE 
    Common law includes, but is not limited to, the law applicable to agents, employees and partnerships and legal entities, and intellectual property.
     

    ASSESSMENT CRITERION 2 
    Statutory Business law is applied to the governance of the operations of a Real Estate business. 
    ASSESSMENT CRITERION RANGE 
    The Acts applicable to Real Estate could be amended or withdrawn and other legislation added. Competence is to be demonstrated against the applicable legislation at the time of assessment.
     

    ASSESSMENT CRITERION 3 
    The location of business governance in various forms of business enterprise are understood and described with examples. 

    ASSESSMENT CRITERION 4 
    The purpose and function of business governance are understood and related to legal requirements in a Real Estate business context. 

    ASSESSMENT CRITERION 5 
    Real Estate business policy and guideline documents are revised and/or created to give effect to Property, Transaction and Governance laws. 

    SPECIFIC OUTCOME 4 
    Mentor and instruct agents and employees on applicable legal principles necessary to execute their job functions in, and the governance of, a Real Estate business. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The human resource and service contractors of a Real Estate business are classified in accordance with their involvement with laws pertaining to property, property transactions and business governance. 

    ASSESSMENT CRITERION 2 
    Benchmarks and standards are established for the legal knowledge requirements of various staff and service functionaries within a Real Estate business. 

    ASSESSMENT CRITERION 3 
    Assessment tools are applied to determine skills shortages and remedial actions relating to knowledge on applicable legal requirements. 

    ASSESSMENT CRITERION 4 
    Mentoring and training tools are assessed for transmitting knowledge relating to the legal requirements needed to be complied with in a Real Estate business. 

    ASSESSMENT CRITERION 5 
    Mentoring and training of Real Estate staff and contractors are applied in a Real Estate business. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Any individual wishing to be assessed (including through RPL) against this unit standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this unit standard or assessing this unit standard must be accredited as a provider with the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Legislation including:
    > Alienation of Land Act 68 of 1981.
    > Matrimonial Property Act 88 0f 1984.
    > Sectional Titles Act 95 of 1986 (and various amendments).
    > Share Blocks Control Act 59 of 1980.
    > Estate Agency Affairs Act 12 of 1976.
    > Rental Housing Act 50 of 1999.
    > Upgrading of Land Tenure Rights Act 112 of 1991.
    > Housing Development Schemes for Retired Persons Act 65 of 1988.
    > The Financial Intelligence Centre Act 38 of 2001.
    > The National Credit Act 34 of 2005.
    > National Environmental Management Act.
    > Income Tax Act 58 of 1962 (as amended).
    > Valuers Act.
    > Town Planning Act.
    > Prevention of Illegal Eviction Act (PIE Act).
    > Debt Collectors Act.
    > Promotion of Access to Information Act 2 of 2000 (PAIA).
    > Financial Advisory and Intermediary Services Act 2002 (FAIS) (Act 37 of 2002).
    > Deeds Registries Act 47 of 1937.
    > The Abolition of Racially Based Land Measures Act 108 of 1991.
    > The Property Time-sharing Control Act 75 of 1983.
  • An in-depth understanding of the acts and statutory requirements impacting on a Real Estate business.
  • A comprehensive understanding of documentation used in legal issues in a Real Estate business.
  • A basic understanding of training and development techniques for imparting knowledge to employees relating to legislation.
  • Communication techniques both verbally and in writing and presentation techniques in order to convey legislative information. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems using critical and creative thinking processes to interpret legal requirements of Real Estate business. 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others as a member of a team, group, organisation or community to ensure that legal requirements are complied with. 

    UNIT STANDARD CCFO ORGANISING 
    Organise and manage oneself and one's activities responsibly and effectively in order to set sufficient time aside to provide information sessions on trends and developments relating to legislation. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information in order to analyse and interpret requirements of legislation within own business context. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively using visual, mathematical and/or language in the modes of oral and/or written persuasion to convey and present information sessions on legal requirements within Real Estate business. 

    UNIT STANDARD CCFO SCIENCE 
    Use science and technology effectively and critically, showing responsibility to the environment and health of others to keep abreast of the latest trends and developments in Real Estate legislation. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the world as a set of interrelated systems by recognising that the legalities within a Real Estate context do not exist in isolation and that a variety of factors including trends and developments in the Real Estate environment, new regulations and changes in the industry will impact on this. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Participate as responsible citizens in the life of local, national and global communities by ensuring that the legal controls are operated according to Real Estate legislative requirements so that compliance is ensured at all times. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    This unit standard replaces unit standard 15061, "Implement and maintain legal requirements within a real estate business", Level 5, 8 credits. 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Elective  59201   National Certificate: Generic Management  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 
    Elective  66089   National Certificate: Human Settlements Development  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  CETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    NONE 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.