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48 No.20658 GOVERNMENT GAZEITE, 1 DECEMBER 1999<br />

Direct and fun payment by bank auaranteed cheque or cash bank transfer.<br />

6.(1) A home builder must pay the enrolment fee in the full amountpayabledirectly to the Council by way<br />

of a bank guaranteed cheque or cash bank transfer -<br />

(a) where the consideration for the acquisition or construction of the homeis payablein cash<br />

without the registration of a mortgage loan;<br />

(b) wherehomes are builtin speculation of sale; or<br />

(c) in the case of the late enrolment of a home in terms ofrules 14and 15.<br />

(2)Payment mayalso be made inthe manner contemplated in subrule (1) in the case of sectional title homes,<br />

homes constructed in terms of a building contract,or by any other formof agreement.<br />

Payment by mortgage lender as first progress payment<br />

7.(1) A home buildermay, subjectto subrule (4). makepayment of theenrolment fee wherethe housing<br />

conswner authorises the mortgage lender to make payment to the Council from the proceeds of money owing<br />

to the home builderby the housing consumer in respectof the construction of the home.<br />

(2) Wherethe housing consumer has consented to a financial institution whichhas an agreement withthe<br />

Council to effectsuch payment, the homebuildermust submitto the Council the documents contemplated<br />

in rule 12(1), together withthe authorisation in the formof Annexure 4.<br />

(3)Payment in accordance withsubrule (1)may onlybeused wherea building contract has been concluded<br />

between the housing consumer and the homebuilderin respectof the construction of a home.<br />

(4)Payment in accordance with subrule (I) may not be madewhere the home is a sectional title unit or is<br />

constructed in speculation of sale or in the case of the late enrolment of a home.

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