The approach in this toolkit it summarised in the graphic below. Each step in the process is unpacked in more detail in the various chapters of this document.
The first step in the process is to collate available data on the project and project beneficiaries. This data is augmented with data collected from an occupancy survey, during which each property is visited by an enumerator who asks a series of questions to determine who is currently living in the property and who the current occupant perceives to be the owner of the property.
This information is used to categorise cases and determine a pathway to transfer. In some cases extensive preparatory work is required to validate ownership claims and comply with the conditions necessary for the transfer of a subsidy property.
Once it is clear who the property should be transferred to, the housing authority or its conveyancers prepare a sale agreement with the 'buyers' to whom the property will be transferred. This document specifies the seller (the housing authority who is authorised to transfer the property), the names and ID number of the buyers, a description of the property and a notional value of the property.
The sale agreement that is signed by the 'buyers' is returned to the housing authority for signature. The housing authority countersigns the sale agreement and returns the signed document together with supporting documentation to the conveyancer. The conveyancer prepares the transfer documents for signature by the housing authority. Once these documents are signed, the conveyancer can apply for additional certificates necessary for transfer and the transfer can be lodged by the conveyancer at the deeds registry.
The deeds registry will notify the conveyancer when the title deed is ready for collection.
The experiences of the Transaction Support Centre (TSC) underpin the creation of this toolkit and have surfaced many learnings and opportunities for optimisation in the primary transfer process for subsidy properties in delayed transfer projects. New opportunities for improvement and learning will no doubt arise as circumstances change and as official engage with this toolkit and the process.
A number of identified enablers are described in broad terms below.
| Enabler | Rationale |
|---|---|
There are several improvements that can be implemented relatively easily to create efficiencies in the primary transfer process. These include:
GIS platform
Title deed track and trace system (digital)
Revised delayed transfer policy aligned with guiding principles
Expedited waiver application process for delayed transfer properties
HSS API access
Subsidy and beneficiary administration accreditation
Department of Home Affairs API access
Deeds data API access
SASSA data access
Data warehouse containing occupant, beneficiary, property and subsidy-level data
The longer-term improvements include:
Early integration with municipal property value chain (i.e. once ownership is validated, not necessarily registered)
Relaxation of the requirement for rates clearance certificate on delayed primary transfers
MoU with the Department of Justice for deceased estates
Workflow automation and integration with conveyancers
Automated reporting
These require regulatory reform to ease critical constraints that arise from existing regulations including:
Housing Act
Administration of Estates Act
Alienation of land Act
Deeds registries Act
This maturity roadmap can be visually displayed, as per the schema below:
Registered general plan
It is not possible to transfer properties unless a registered general plan (GP) is in place. Gathering data on occupants in projects where there is no GP is a wasteful undertaking as occupancy data may well become stale by the time the GP is registered and properties can be transferred
Access to HSS data
The housing authority or its appointed agents must be able to access the right data off the HSS. This includes data on all beneficiaries associated with a project as well as detailed records of subsidy applications
CAPI-based data collection for occupancy surveys
A computer-assisted personal interviewing tool is needed to collect sufficiently accurate and validated occupancy data to facilitate the property transfer process (Data Collection Platform). A trained and monitored fieldwork team is also required to conduct the survey (Fieldwork Team).
Case management system
In order to categorise each case, determine the pathway to transfer, and track the case throughout the process, it is necessary to have a system in place to store and manipulate data collected. For small projects it is possible to rely on Excel, but this is cumbersome to manage and version control is difficult.
Case Management Team / Housing Authority Team
The process is complex and needs to be undertaken by a well-managed, specialised team that is well versed in property transfer and subsidy administration processes.
Access to data to trace beneficiaries
Where beneficiaries are not in occupation, it is necessary to trace them. At the very least, housing authorities should contract with credit bureaus to access the latest known contact and address data of beneficiaries.
Communication and feedback to households
It is critical to keep households updated on the process as their active participation is required throughout. Important communication channels include SMS and WhatsApp.
Conveyancer
In order to register the property, a conveyancer will need to be appointed. Their progress on completing the transfers in an efficient, correct and complete manner should be monitored closely.
Performance indicators
The project team should have a system to track key performance indicators including the number of households surveyed, number of sales agreements signed and countersigned, number of transfers lodged at the deeds registry, number of properties registered and number of title deeds handed over to households. Initially, housing authorities will monitor these metrics manually. Over time as the process is automated these would be generated and reported on in a dynamic project dashboard.
Data Policy
There needs to be a data policy in place so that the housing authority, and any service providers who support the process comply with the requirements of POPIA. This data policy would stipulate how personal data collected on occupants and beneficiaries is secured and accessed, who has re/write access to this data and how long it is retained once the deed is issued.
