A person died months after getting an RDP house. Their neighbour, who also received an RDP house, bought it. Can I lodge a complaint?

The long answer

The government introduced RDP housing because the Constitution says the government must provide adequate housing for people who cannot afford to buy houses. The Department of Human Settlements (Housing) oversees this housing under the Housing Amendment Act. 

Section 10A of the Housing Amendment Act says that a person who receives an RDP house “shall not sell or otherwise alienate his or her dwelling or site within a period of eight years from the date on which the property was acquired by that person unless the dwelling or site has first been offered to the relevant provincial housing department”.

This eight-year restriction is to prevent people from buying state-subsidised houses meant for the poor so that they can make a profit from selling or leasing them on the open market. Thus, a person may not sell or rent out an RDP house for the first eight years. 

Law For All says that once the eight-year period expires and you wish to sell your house, you have to offer to sell it to the State first. “Your house can only be sold to another party with written consent from the Department of Housing.”

The second thing is that it’s illegal for someone who has already received an RDP house to buy another RDP house. You are only allowed one RDP house in your lifetime. If it is reported, the authorities can confiscate the illegally bought second RDP house and reallocate it to a deserving person on the waiting list.

You can report an illegal sale of an RDP house to the SAPS and your local Housing Department.

You can also contact the Department of Human Settlements on their Fraud Hotline at 0800 204 401.

Wishing you the best,
Athalie