We are again receiving numerous complaints from Property Practitioners about delays in obtaining FFCs. Some agencies are now, as a result, being refused access to work on security estates. Others have attorneys refusing to pay commission, on transfers that have registered after 31 December 2025, but have not yet received their new FFCs. What is the solution?
The solution lies in section 49 of the PPRA which clearly states that the PPRA must consider any application submitted in terms of this Act, which fully meets the prescribed requirements, within 30 working days unless it, on good grounds and in writing, informs the applicant of the reasons why that period is to be extended, provided that such extension may not exceed 20 working days. The period of 30 working days contemplated above commences afresh if the Authority requests the applicant to submit additional information or to correct the said application. If the PPRA fails to comply with the above, the application is deemed to have been approved and the PPRA, must, upon written request by the applicant and within 10 working days, issue the applicant with the relevant certificate.
We interpret this to mean that if the PPRA does not write back within the first 30 days of submission of an application, then the Property Practitioner’s application is statutorily deemed to have been approved, which means, that it is deemed to be in possession of an FFC. If you are then faced with an attorney or HOA that demands an FFC whilst you have made application, the solution would be then to prepare a simple affidavit confirming that you made application on (the date), attach proof of the application, have it commissioned at your favourite attorneys (Miltons Matsemela, who else?), submit this to the attorney or HOA and demand that they recognise your statutory right.
You then also immediately issue the 10-day demand and if the PPRA then still does not deliver, you are free to approach the High Court with a request for a “mandamus”, i.e. an order forcing them to comply.
If more agents were to rely on their statutory rights, we might see the PPRA moving faster and complying with the law.