(c) (d) (e) and shall require the owner of the building concerned to close such building in a specified manner; and shall determine the date, and the duration, of closure of the building concerned; and shall specify— (i) the use or uses, if any, to which the building concerned may be put; and (ii) the person or persons, if any, who may occupy the building concerned; after the date, and during the duration, of closure thereof. 27 Criteria in making of order A housing court shall, in making an order, have regard to— (a) the age, character, value and locality of the building concerned, including its architectural or historical interest, if any; (b) the cost of the work necessary to raise or restore the building concerned to a satisfactory standard and the value of the building after the completion of such work; (c) in the case of a dwelling, any proposal made by any of the parties that the dwelling concerned be used for a purpose other than human habitation; (d) whether or not it is desirable and feasible to make an order in respect of part only of the building concerned; (e) in the case of a demolition order, any effect which the demolition of the building concerned may have on any property or building adjacent thereto. 28 Order binding on successors in title An order shall be binding upon the owner of the building concerned and his successors in title. 29 Effect of order stipulating vacation (1) Where an order stipulates that the building in respect of which the order is made shall be vacated by all or any of its occupants, no person, other than a person permitted in terms of the order to occupy the building, shall enter or occupy the building during the period for which such vacation is stipulated without the permission of the housing court. (2) Any person who enters or occupies a building in contravention of subsection (1) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (3) An order referred to in subsection (1) shall— (a) have the same effect in relation to an occupant required to vacate the building concerned as an order for ejectment made by a magistrates court against such occupant; and (b) be enforceable at the instance of the authority. 30 Persons on whom copy of order shall be served (1) A copy of every order shall be served by the clerk of the court on— (a) the authority; and (b) the Registrar of Deeds; and (c) the owner and any right holder of the building concerned. (2) Upon receipt of the copy referred to in subsection (1), the Registrar of Deeds shall note the contents of the order concerned in his registers in respect of the property concerned and on the title deed of the property: Provided that, if at any time the owner’s copy of such deed is lodged with the Registrar of Deeds for any purpose, the Registrar of Deeds shall make a note on the copy to the same effect. 31 Certificate of compliance with order (1) Where a repair order or a demolition order has been complied with by the owner of the building concerned, the authority shall serve on— (a) the clerk of court; and (b) the Registrar of Deeds; a certificate to that effect: Provided that, if— (a) such owner considers that he has complied with the order; and (b) the authority has not served such certificate; such owner may apply to the housing court for a direction that such certificate be served. (2) Upon receipt of the certificate referred to in subsection (1), the Registrar of Deeds shall cancel the note made by him in terms of subsection (2) of section thirty. 32 Variation, revocation or replacement of order (1) After the expiration of six months from the date on which an order was made and from time to time— (a) the owner or any right holder of the building concerned; or (b) the authority; may, after having given the other party or parties to the proceedings in which the order was made seven days’ written notice of his or its intention to do so, apply in the prescribed form to the housing court for the order to be varied, revoked or replaced by a different order. (2) Upon an application made in terms of subsection (1), the housing court may, after having taken into account the representations, if any, of the applicant and the other party or parties referred to in that subsection— (a) if it considers that the circumstances in which the order was made have since changed, vary or revoke the order or substitute a different order for the order; or (b) refuse the application. (3) Where a housing court has, in terms of paragraph (a) of subsection (2), varied or revoked an order or substituted a different order for an order, the clerk of court shall notify the Registrar of Deeds in writing of the variation, revocation or substitution, as the case may be, and the Registrar of Deeds shall alter or cancel the note made by him in terms of subsection (2) of section thirty accordingly. 33 Failure to comply with order an offence (1) Any owner of a building who fails to comply with— (a) a stipulation made in terms of paragraph (b); or (b) a requirement made in terms of paragraph (c); or (c) a determination made in terms of paragraph (d); of section twenty-four, twenty-five or twenty-six, as the case may be, in relation to the building of which he is the owner shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (2) Any owner of a building who fails to comply with a specification made in terms of paragraph (e) of section twenty-six in relation to the building of which he is the owner shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

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