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: 

Recognise and comply with legal requirements and records in a real estate business 
SAQA US ID UNIT STANDARD TITLE
15088  Recognise and comply with legal requirements and records in 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 4  NQF Level 04  12 
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 does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This unit standard forms part of the qualification - National Certificate in Property Practice, registered at Level 4 on the National Qualifications Framework. Learners working towards this standard will be learning towards the full qualification, or will be working within a Property Environment, specialising in either Property Management or Estate Agency Sales or Rental, where the acquisition of competence against this standard will add value to their understanding of the sector and functioning in the workplace. This standard will also add value to learners who are starting or working in their own Property and/or Real Estate business.

The purpose of this standard is for learners to understand the legal, regulatory and ethical framework in which real estate practice is located.

The qualifying learner is capable of :
  • Creating and maintaining legal records and relevant legal documentation
  • Using and explaining legal documentation to ensure compliance with legal and organisational requirements
  • Complying with the legislation, rules and codes which regulate ethical conduct in a real estate business
  • Applying the various aspects of property law and statutory requirements applicable to property transactions 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Learners accessing this qualification will have demonstrated competence in mathematical and computer skills to the equivalent of NQF Level 3. They must also be able to communicate in English to the equivalent of ABET Level 4. 

    UNIT STANDARD RANGE 
  • Legislative statutes including Alienation of Land Act, Matrimonial Property Act, Sectional Titles Act, Shareblock Act, Estate Agents Act, Valuers Act, Stamp Duties Act, Basic Principles of Common Law, Local By-laws, Town Planning Act, Environmental laws, Legislation includes, Rent Control Act, Share Blocks Control Act, Upgrading of Land Tenure Rights Act, Housing Development Schemes for Retired Persons Act, Council for the Built Environment Act, Constitution of the Republic of South Africa.
  • Statutory requirements including Estate Agents Affairs Board and the South African Council for Valuers.
    Property Valuers` Profession Act, Valuations Ordinances, Development Facilitation Act
  • Legal implications of Integrated Development Plans, Land Development Objectives, Town planning Schemes, Building regulations, RDP and GEAR
  • Basic principles of contract law, of a sales contract, of an instalment sales contract, of lease contract,
  • Legal implications for the relationship between estate agents and their clients and third parties, between property managers and their clients and third parties, between valuers and their clients and third parties. 

  • Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Create and maintain legal records and relevant legal documentation. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    1. Legal documentation is kept in accordance with statutory and organisational requirements. 

    ASSESSMENT CRITERION 2 
    2. Database of all legal matters, transactions and documentation is updated within agreed time frames. 

    ASSESSMENT CRITERION 3 
    3. External specialist providers are consulted and legal advice obtained to protect the organization in difficult or precedent cases. 

    ASSESSMENT CRITERION 4 
    4. Recording of legal documentation provides evidence of understanding of any and all legal consequences of inadequate recording. 

    SPECIFIC OUTCOME 2 
    Use and explain legal documentation to ensure compliance with legal and organisational requirements. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    1. Legal documentation used is current, appropriate and complies with all legal and statutory requirements. 

    ASSESSMENT CRITERION 2 
    2. Types of legal documentation are listed and their use explained. 

    ASSESSMENT CRITERION 3 
    3. Legal obligations upon the organization are identified and their application described and demonstrated to meet property/real estate related legislation. 

    ASSESSMENT CRITERION 4 
    4. Explanation of legal documentation identifies legal requirements and legislation governing the property market. 

    SPECIFIC OUTCOME 3 
    Comply with the legislation, rules and codes that regulate ethical conduct in a real estate practice 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    1. Correct documentation relating to the property transactions is used. 

    ASSESSMENT CRITERION 2 
    2. Transaction documentation is correctly completed and contains relevant information. 

    ASSESSMENT CRITERION 3 
    3. Conditions contained in transaction documents comply with any level or regulation conditions applicable. 

    ASSESSMENT CRITERION 4 
    4. Various acts and common law aspects needed for compliance are listed. 

    ASSESSMENT CRITERION 5 
    5. Ethical obligations imposed on a property business are explained in terms of the code of conduct in respect of property law. 

    SPECIFIC OUTCOME 4 
    Apply the various aspects of property law and the statutory requirements applicable to property. 
    OUTCOME NOTES 
    Apply the various aspects of property law and the statutory requirements applicable to property transactions. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    1. Legislation applicable to property transactions is complied with. 

    ASSESSMENT CRITERION 2 
    2. Legislation applicable to property transactions is described and explained. 

    ASSESSMENT CRITERION 3 
    3. Property transaction documents are produced and comply with all legal and regulatory requirements. 

    ASSESSMENT CRITERION 4 
    4. Terminology used in all property transaction documentation is accurate and complies with legal and organisational requirements. 

    ASSESSMENT CRITERION 5 
    5. Consultation with all stakeholders is conducted to avoid misrepresentation and to protect all parties involved. 

    ASSESSMENT CRITERION 6 
    6. Where property transactions fall outside own level of authority or expertise, other advocates are used to provide technical assistance or to conduct the transaction. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
    Providers will be accredited against this unit standard and assessors registered by the relevant Education Quality Assurance Body (ETQA). 

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • A comprehensive understanding of legal documentation required and used in a property business
  • A general understanding of legislation, rules and statutory requirements applicable
  • A broad understanding of the records required for legal processes in a property business
  • A basic understanding of the basics of Case Law 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems pertaining to legal documentation aspects in a property business. 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others in order to ensure that legal requirements are applied, documented and adhered to. 

    UNIT STANDARD CCFO ORGANISING 
    Organise oneself and one`s activities to reflect the ongoing development of own future legal competence. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information that might hinder legal compliance. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively with all stakeholders to ensure that all parties fully understand all legal obligations, procedures and processes. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the world as a set of related system governed by legal and statutory requirements. 

    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 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  24454   Further Education and Training Certificate: Real Estate  Level 4  NQF Level 04  Passed the End Date -
    Status was "Reregistered" 
    2007-11-28  Was SERVICES until Last Date for Achievement 
    Core  49086   National Certificate: Auctioneering Management  Level 5  Level TBA: Pre-2009 was L5  Passed the End Date -
    Status was "Reregistered" 
    2011-02-16  Was SERVICES until Last Date for Achievement 
    Elective  48864   National Certificate: Auctioneering Support  Level 3  NQF Level 03  Passed the End Date -
    Status was "Reregistered" 
    2011-02-16  Was SERVICES until Last Date for Achievement 
    Elective  48882   Further Education and Training Certificate: Auctioneering Practices  Level 4  NQF Level 04  Passed the End Date -
    Status was "Reregistered" 
    2011-02-16  Was SERVICES until Last Date for Achievement 
    Elective  20185   Further Education and Training Certificate: Banking  Level 4  NQF Level 04  Reregistered  2023-06-30  BANKSETA 


    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.
     
    1. Absa Learning & Development 
    2. Bidvest Bank 
    3. Chartall Business College 
    4. Cornerstone Performance Solutions (Pty) Ltd 
    5. Felix Risk Training Consultants 
    6. Firstrand Bank - Benmore 
    7. Nedbank Ltd 
    8. The Facilitation Workshop 



    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.