Friday, September 11, 2026
Subscribe
The Brief | Namibia's Leading Business & Financial News
  • Home
  • Companies
    • Finance
    • Agriculture
    • Technology
    • Property
    • Trade
    • Tourism
  • Business & Economy
  • E-PAPERreader
  • Mining & Energy
  • Opinions
    • Analysis
    • Columnists
  • Africa
No Result
View All Result
The Brief | Namibia's Leading Business & Financial News
  • Home
  • Companies
    • Finance
    • Agriculture
    • Technology
    • Property
    • Trade
    • Tourism
  • Business & Economy
  • E-PAPERreader
  • Mining & Energy
  • Opinions
    • Analysis
    • Columnists
  • Africa
No Result
View All Result
The Brief | Namibia's Leading Business & Financial News
Subscribe
No Result
View All Result
Home Companies Property

What the Property Practitioners’ Bill entails: Part 2

by editor
January 20, 2023
in Property
5
A A

The Property Practitioners’ Bill is a new piece of legislation which will replace the Estate Agents Act 112 of 1976. Its primary purpose is to establish the Property Practitioners’ Regulatory Authority, which will replace the Namibia Estate Agents Board, to regulate the affairs of all property practitioners, and allow for transformation in the property sector and to provide consumer protection. 

Here is a list of some of the changes from the bill. 

Fidelity Fund Certificates (FFC)

An FFC is a certificate which is issued to every Property practitioner. Without a Fidelity Fund Certificate, a Property Practitioner may not trade or be paid for any work. FFCs are valid for 12 months, from 1 January to 31 December each year, meaning agents must renew them annually. However, once the Property Practitioners Act commences, they will be valid for 3 years. If the firm is a company, then all of its directors must also have one; if it is a Close Corporation, then all its members; if a partnership, its partners; and if a Trust, all the Trustees.

Limitation on relationships with other service providers

A Property Practitioner may not enter into any arrangement where a consumer is obliged or encouraged to use a particular service provider – including the services of an attorney. Although there is no definition of the word “arrangement”, it most likely means a “financial incentive”. This means that the Property Practitioner may not receive a commission from mortgage bond originators; bridging companies; compliance companies, or attorneys, in return for which the Property Practitioner recommends that person’s services to a seller, for example.
• Attorneys are forbidden from “buying work”, soliciting for business, or “touting”. Their profession requires that they obtain business through word of mouth and conservative marketing efforts – not through sharing professional fees or paying for support. This Act now mirrors this prohibition.
• In other words, if a Property Practitioner who sells a house recommends a conveyancer because the conveyancer pays the agent’s office rent; “desk fees”, or petrol money; or pays the Property Practitioner a percentage of the transfer fee, or anything similar, it will be a criminal offence.
• And furthermore, if a consumer finds out that the Property Practitioner was involved in such an arrangement, the Property Practitioner must repay any such remuneration, together with interest, within 30 days if requested, else that is also a criminal offence.

Mandatory Disclosure forms

The Act provides that Property Practitioners must only accept a mandate if the seller or lessor has provided a fully completed and signed mandatory disclosure in the prescribed form. (The form must still be published.)

This form must be presented to any potential buyer or tenant as part of the agreement. A Property Practitioner who fails to comply with this may be held liable by an affected consumer-it does not mean that a buyer can now hold you as the Property Practitioner liable for all defects discovered after transfer. All it means is that if you wish to argue that you did disclose a defect, but this was not contained in a report, the law will presume that you did not disclose it.

  • It means that a Property Practitioner has a legal duty to act with reasonable care, skill and diligence. This means that he/ she must always take reasonable steps to ensure that a consumer does not suffer damages due to an oversight on the Property Practitioner’s behalf, under the circumstances, when it was not only reasonably foreseeable that such conduct could result in damages, but where it was also reasonably avoidable.
    • It also means that the Property Practitioner should restrict your opinions to what you know and not what you might presume and never express an opinion if you are not qualified to give one. For example, please do not attempt to interpret title deed conditions or value a unique property unless you have the experience to back it.

    The Property Practitioners Bill is available on the Namibia Estate Agents Board website.

 For enquiries Text, Call or email #yourhomegirl Justina Hamupembe

Cell: +264812726001

Email: justina@chili.com.na 

author avatar
editor
See Full Bio
Previous Post

Financially starting afresh

Next Post

Namibia’s vehicle sales top over 10k units in 2022 and these were the top brands

Must Read

Two people exchange house keys in front of a 'Sold' sign, signaling a completed real estate sale or handover.
Property

Namibians added N$438.7m more debt in July to buy houses and cars

September 3, 2026
Cluster of white-roofed houses nestled in a desert landscape with hills under a blue sky.
Property

Elisenheim advances low-density Nature Estate expansion

September 2, 2026
Street scene with a Khomasdal sign, colorful building on the right, and a banner advertising 7 days a week under a clear blue sky.
Property

City of Windhoek plans 750 erven in two new Khomasdal townships

August 31, 2026
Five professionals sit at a long blue Standard Bank table during a formal event, with water bottles and small floral arrangements in front of them at a branded backdrop.
Property

Thirty-five families to receive homes under Buy-a-Brick initiative

August 25, 2026
Close-up of a man with a full beard wearing a light teal striped shirt, seated in an office setting.
Property

Rethinking homeownership in Namibia: What Limpopo can teach us about solving the housing crisis

August 24, 2026
Windhoek approves N$1.7 billion building plans in six months
Property

Real estate, retail dominate Namibia’s merger activity over past 16 years

August 20, 2026
Load More

Related News

How your emotions can influence risk-related decision-making

How your emotions can influence risk-related decision-making

March 13, 2023
EIF, DBN partner to boost climate financing in Namibia

EIF, DBN partner to boost climate financing in Namibia

August 23, 2024
Windhoek, San Antonio to renew water management partnership

Windhoek, San Antonio to renew water management partnership

July 24, 2024

Browse by Category

  • Africa
  • Agriculture
  • Analysis
  • Business & Economy
  • Columnists
  • Companies
  • e-edition
  • Finance
  • Finance
  • Fisheries
  • Green Hydrogen
  • Health
  • Investing
  • Latest
  • Market
  • Mining & Energy
  • Namibia
  • namibia
  • News
  • Opinions
  • Property
  • Retail
  • Technology
  • Tourism
  • Trade
The Brief | Namibia's Leading Business & Financial News

The Brief is Namibia's leading daily business, finance and economic news publication.

CATEGORIES

  • Business & Economy
  • Companies
    • Agriculture
    • Finance
    • Fisheries
    • Health
    • Property
    • Retail
    • Technology
    • Tourism
    • Trade
  • e-edition
  • Finance
  • Green Hydrogen
  • Investing
  • Latest
  • Market
  • Mining & Energy
  • namibia
  • News
    • Africa
    • Namibia
  • Opinions
    • Analysis
    • Columnists

CONTACT US

Cell: +264814612969

Email: newsdesk@thebrief.com.na

© 2026 The Brief | All Rights Reserved. Namibian Business News, Current Affairs, Analysis and Commentary

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • Home
  • Companies
  • Mining & Energy
  • Business & Economy
  • Opinions
    • Analysis
    • Columnists
  • Africa

© 2026 The Brief | All Rights Reserved. Namibian Business News, Current Affairs, Analysis and Commentary

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.