CONTINUING PROFESSIONAL DEVELOPMENT (“CPD”) FOR ESTATE AGENTS 1. Introduction The ongoing professionalisation of the estate agency sector, which commenced on 15 July 2008 with the implementation by the Estate Agency Affairs EAAB (“the EAAB”) of a meaningful and coherent educational programme for both principal and non-principal estate agents, necessitates that estate agency practitioners should remain current insofar as their knowledge, skills and competencies are concerned. Estate agents must be kept continuously apprised of relevant trends, developments and/or changes that have occurred, are presently occurring and are also likely to occur within the South African socio-political-economic environment in general and the estate agency and property sectors in particular. Regulations 8(1) and (2) of the Standard of Training of Estate Agents Regulations, contained in Government Notice R. 633 of 4 June 2008 (“the Education Regulations”), specifically provide in this respect that the EAAB may, at any time, prescribe any reasonable Continuing Professional Development (“CPD”) requirements to be completed by estate agents over a rolling three year cycle. The purpose of this document is to outline the CPD requirements, processes and reporting prescribed by the EAAB and with which estate agency practitioners are obliged to comply if they wish to maintain their fidelity fund certificates authorising them to practice as estate agents. 1|Page 2. What is CPD? It is self-evident that all professional estate agency practitioners who have been certificated against: the Further Education and Training Certificate: Real Estate (for non-principal estate agents); and/or the National Certificate: Real Estate (for principal estate agents); and who have, in addition, passed the Professional Designation Examination for principal or non-principal estate agents, as the case may be; have already demonstrated that, as committed practitioners, they are worthy of being regarded as competent professionals operating within the estate agency sector of the South African economy. This assessment does not necessarily imply, however, that such persons continue to remain aware of, and ensure that they are always fully acquainted with, the latest trends, developments and technologies occurring within the South African socio-politicaleconomic environment as well as within the dynamic, volatile and continually evolving estate agency environment. The underlying objective of the mandatory CPD programme, therefore, is to ensure that professional estate agency practitioners not only remain current in their professional practice where such vital aspects as knowledge, skills and competencies are concerned, as well as in the proficient manner in which estate agency services are rendered to consumers, but that they are also kept fully acquainted with, and mindful of, material changes and developments occurring within the estate agency sector. Professional estate agents must ensure that they comply fully with all legislative, and any other, requirements pertaining to the sector in which they operate. Professional estate agents are, furthermore, obliged to ensure that their business related skills, aptitudes and competencies at least meet, if not exceed, current organisational and enterprise requirements including such relevant aspects as, for instance, the expert use of appropriate IT systems including financial and client management software packages. It is accepted, furthermore, that active participation by estate agency practitioners in estate agency sector related activities also constitutes an important aspect enabling estate agents continuously to remain abreast of relevant sector and environmental developments. 2|Page 3. The benefits of a CPD programme for estate agents In a fast evolving, ever changing, extremely volatile and exceptionally competitive property and estate agency environment it is essential that professional estate agency practitioners are able to demonstrate their knowledge, competencies, skills and professionalism through vigorous and ongoing participation in appropriate, meaningful and value-adding CPD programmes. Estate agents, by actively committing themselves to participation in the compulsory CPD programme are, furthermore, able unequivocally to demonstrate to their various internal and external stakeholders: a commitment to achieving and maintaining the highest standards of performance excellence; the necessary commitment, passion and dedication to advancing themselves in a career of choice; the desire constantly to learn, gain additional knowledge and improve both as a professional estate agent and as a law abiding citizen; an enduring interest in the estate agency sector as well as in the general property sector and economic environment in which they operate; an ongoing knowledge and awareness of relevant trends and developments within the estate agency sector pertaining, in particular, to products, services, statutory compliance and the building and retention of efficient and effective strategies and business management systems; and skills and competence in the establishment, management, control and expansion of sustainable and economically and reputationally successful estate agency businesses and enterprises. 4. The benefits of CPD generally Estate agents, by participating in the mandatory CPD programme, will keep their registration current and enable the EAAB annually to issue valid fidelity fund certificates to them. The issue of such fidelity fund certificates will, in future, be indicative of the fact that the EAAB has accredited those estate agents to their co-principals/employers, stakeholders and clients. A valid fidelity fund certificate will, furthermore, evidence a positive commitment by the holder to the estate agency profession, the relevant estate agency enterprise and the own personal development of that estate agent. 3|Page The maintenance and continual development of competencies and professional skills and knowledge is, furthermore, one of the major factors indicating professional standing. It is, indeed, this professional standing that inevitably sets qualifying estate agents apart from their non-professional counterparts in the eyes of consumers and other stakeholders. CPD compliance distinguishes qualifying estate agents as highly desirable and valued professional property practitioners who abide by professional standards and are able to provide excellent estate agency services. CPD will undoubtedly serve to instill not only confidence but also higher expectations in the minds of clients, stakeholders and co-principals/employers alike. 5. The award of professional designations by the EAAB A professional designation will be awarded by the EAAB to all professional estate agents as an indication of their status as registered estate agency professionals. Qualifying estate agents may use this designation and a logo, still to be approved by the EAAB, on their business cards, when advertising their estate agency services and, generally, in their organisations. 5.1 Non-principal estate agents Non-principal estate agents who have successfully undertaken the Professional Designation Examination, and who hold a current fidelity fund certificate issued by the EAAB, will be entitled to use the designation ‘Professional Practitioner in Real Estate (“PPRE”)’. 5.2 Principal estate agents Successful principal estate agents will be accorded the designation ‘Master Practitioner in Real Estate (“MPRE”)’ for so long as such estate agency practitioners, similarly, hold a current fidelity fund certificate issued by the EAAB. 6. CPD is reflective of a continuing interest in the property and estate agency sectors A further benefit of CPD for, particularly, non-principal estate agents lies in the fact that their principals can be confident and satisfied of such persons’ continuing interest in the property and estate agency sectors and, also, in advancing their careers as professional estate agents. Principals can also be reassured that the estate agency advice, products and services that are offered by non-principals in their service to stakeholders are not only fully compliant but also current. It is axiomatic that CPD compliant estate agents are destined to emerge as leaders of the profession since they will be able to utilise, and benefit from, the latest technology and thinking in the sector. This can also be used to the advantage of their particular estate agency enterprises. 4|Page Principal estate agents can be confident that both they as well as the non-principal estate agents in their service remain in touch not only with relevant developments at the national but also at the international estate agency levels. All inputs of estate agents will, inevitably, become more professionally orientated since CPD compliance will serve as a valid indicator that estate agency professionals are aware, up-to-date, passionate and committed to the advancement of the estate agency profession. 7. The benefit of CPD to the estate agency profession The introduction of CPD requirement will ensure that increased public pressure is placed on non-registered estate agents to apply to the EAAB for the issue to them of valid fidelity fund certificates and to regularise their status as estate agency practitioners. It is more likely that, under the new professionalised dispensation, non- or under-qualified persons who attempt to practice illegally as estate agents will not be tolerated by either prospective clients or stakeholders. It is anticipated, in addition, that non-complaint estate agents will not easily be able to secure any type of employment with reputable, professional estate agency enterprises. The introduction of the CPD requirement will also serve to establish and maintain the highest standards of competence and service excellence. CPD will, no doubt, further encourage the values of honesty, integrity and credibility within the estate agency sector. CPD will cement the professionalism that has thus far been achieved by the EAAB with the implementation of the new educational dispensation for estate agents. 8. Extent: the required level of CPD for practicing estate agents Regulation 8 of the Education Regulations provides as follows: (1) In addition to the educational qualifications referred to in regulation 4, the EAAB may, at any time, prescribe any reasonable Continuing Professional Development requirements as contemplated in the NQF. (2) Any Continuing Professional Development requirements prescribed by the EAAB in terms of sub-regulation (1) must be completed over a rolling three year cycle. Clearly, therefore, the CPD requirement to be instituted by the EAAB must be reasonable and must be completed by estate agents over a rolling three year cycle. It is believed, in the circumstances, that estate agents should, even if only in the initial stages, be required to complete 60 CPD points over the rolling three year cycle. One point, for this purpose, will equate to one hour of CPD. Once the CPD system has been introduced by the EAAB it may, of course, prove to be necessary to adjust the envisaged CPD allocation depending on such factors as complexity, availability and duration of any particular CPD activity. 5|Page 9. Mix 9.1 Compulsory CPD activities for practicing estate agents It is proposed that estate agents be permitted a significant degree of freedom in selecting appropriate CPD activities. The education and training component of the CPD will, however, be made mandatory for all estate agents. It is intended that a CPD calendar will be complied by the EAAB, in liaison with sector specific professional bodies, at the commencement of each calendar year. Estate agents will be required to diarise their chosen CPD activities and also ensure that they duly attend the various CPD activities that they have selected. Compulsory CPD activities, thus, will comprise the specified education established by the EAAB and delivered by EAAB approved and accredited continuing education providers. The subject area for mandatory CPD activities will address, amongst other topics, the latest sector compliance issues, legislative changes and work practices. Mandatory CPD activities will generally take the form of training courses or workshops, conferences, seminars, professional or educational functions, approved distance education courses and other acceptable modes of training. The EAAB shall, from time to time, be required to review all records furnished by such EAAB accredited CPD providers to verify the on-going participation by practicing estate agents in the mandatory continuing professional development programme. 9.2 Elective CPD activities for practicing estate agents Elective CPD activities represent those activities that, while they have been approved by the EAAB, have not been categorised as being mandatory activities. Estate agents may, therefore, select the elective CPD activities that they would prefer to undertake by choosing those topics that have a specific reference or interest to them, or to their estate agency enterprises, from the list of approved CPD activities contained in paragraph 17 hereof. Each approved elective CPD activity must, however, have an educational outcome, be sector specific and be categorised as being relevant to an EAAB approved professional development subject area. CPD elective activities may take the form of, for instance, training courses, seminars, workshops and approved distance education courses. 6|Page 10. Continuing education and training providers Only EAAB approved CPD activities can attract CPD points. Education and training providers wishing to obtain EAAB accreditation as approved continuing education providers for the presentation of CPD activities, whether mandatory or elective, shall be obliged to apply to the EAAB in the prescribed manner, and against payment of the prescribed fee, for such accreditation. There is no limit to the number of continuing education courses that EAAB approved continuing education and training providers may submit to the EAAB for accreditation. When receiving such applications from approved continuing education and training providers the EAAB will assess the material submitted to decide if the proposed learning programme or event constitutes a valid continuing education activity and, if the activity is approved, that activity will be published on the EAAB’s website in the approved manner. The EAAB, however, reserves the right to audit all approved continuing education and training providers to verify the nature of the learning programmes and/or events and courses being presented as well as the attendance by participants thereat. 11. Compliance with the CPD programme by practicing estate agents As from 1 August 2012 (“the effective date”) all practicing estate agents, whether principal or non-principal estate agents, applying for the renewal of their fidelity fund certificates must satisfy the EAAB that they have complied with the required continuing professional development requirements in respect of the preceding calendar year, failing which it will not be possible for the EAAB to issue any such fidelity fund certificates to applicants. 12. Procedure to be followed in cases of non-compliance with the requirements of the CPD programme Should it become apparent to the EAAB that any practicing estate agent has failed and/or neglected to comply with the required mandatory continuing professional development requirements for any calendar year, the EAAB shall be required, as the complainant in the matter, to bring a complaint of conduct deserving of sanction against the offending estate agent for investigation and prosecution in accordance with the provisions of the Regulations Regarding Conduct Deserving of Sanction contained in Government Notice 51 of 26 January 2001, as amended. 7|Page 13. Appeals against any sanction imposed for non-compliance with the requirements of the CPD programme Any estate agent who has been found guilty of conduct deserving of sanction and has been duly sanctioned accordingly, shall have the right to appeal against such finding and sentence in accordance with the Procedure to be Followed in Respect of an Appeal to the Estate Agency Affairs EAAB and the Manner in Which the Appeal Must be Heard as contained in Government Notice 1334 of 9 May 2003. 14. Exemptions from the CPD programme Any practicing estate agent who attains the National Certificate: Real Estate (SAQA QUAL ID 20188) or the Further Education and Training Certificate: Real Estate (SAQA QUAL ID 59097), or any other estate agency qualification deemed by the EAAB to be of a similar standing to those qualifications, after the effective date and who provides sufficient evidence of the receipt of that qualification to the EAAB, will be exempted from the CPD requirements for the calendar year in which the qualification in question was attained. 15. CPD exclusions Any continuing education that has been undertaken by a practicing estate agent as the result of a direction given by a committee of inquiry and/or by any other committee of the EAAB and/or any court of law shall, however, not be eligible to be counted towards completion by that estate agent of that estate agent’s CPD obligations. 16. Recordal of participation at CPD activities The participation of estate agents at CPD activities will generally be recorded by the signing of an attendance register at the commencement of the proceedings and, again, at its conclusion. A certificate of attendance will also usually be issued to attendees at the conclusion of the event. Failure by estate agents to participate at CPD events where they have indicated an intention to do so may result in a charge of improper conduct being brought against those persons by the EAAB. 8|Page 17. Approved CPD activities Six categories of CPD activities have been identified by the EAAB for all estate agents, namely: Education and training; Professional development; Corporate social investment; Mentoring and coaching; Reading and publishing; and Personal development. Each of these separate CPD categories will include various activities. 17.1. Education and Training (Compulsory) - CPD points required: 15 points per year (i.e. 45 compulsory CPD points over the three year cycle) Education and training includes all education and training gained through acquiring the SAQA accredited qualifications and attending short courses, seminars, conferences and/or workshops, whether in-house or otherwise, where the focus is content specific and relevant to property in general and estate agency in particular. Participation by estate agents as lecturers, facilitators or contributors is also included in this category. 17.2. Professional Development (Elective) - Maximum CPD points permitted: 5 points over the three year cycle Professional development includes activities that contribute toward the development of the practitioner in relation to the estate agency and property sectors. 17.3. Corporate Social Investment (Elective) - Maximum CPD points permitted: 5 points over the three year cycle Corporate social investment activities have an internal sector focus and are undertaken to expand both existing and new enterprises within the sector. Activities having an external focus are undertaken to raise public awareness of the property sector or estate agency as a career pathway, source of wealth and store of value. Examples of corporate social investment activities include donating funds to charities, opening up internal schools for previously disadvantaged students, taking interns from previously disadvantaged sectors into service and so forth. 17.4. Mentoring and Coaching; (Elective) - Maximum CPD points permitted: 5 points over the three year cycle Mentoring and coaching activities refer to activities where estate agents assume responsibility for the provision of guidance and the transfer of knowledge and skills to a 9|Page protégé who might be an intern estate agent or a junior employee of the estate agency enterprise. Mentoring and coaching could also include supervising further tertiary studies by employees or stakeholders. 17.5. Reading and Publishing (Elective) - Maximum CPD points permitted: 5 points over the three year cycle Reading and publishing includes the reading of appropriate and relevant estate agency related articles in magazines, scholarly journals, industry magazines, books and credible websites. It also includes the publishing of articles in the same sources. 17.6. Personal Development (Elective) - Maximum CPD points permitted: 5 points over the three year cycle Personal development relates to activities which contribute to the development of knowledge and skills that might not be directly related to property and estate agency but that will grow the estate agent as a person, professional practitioner and sector leader. 18. Additional CPD activities There may, in addition, be further CPD activities not appearing in the above table. Provision will, in this respect, be made for estate agency practitioners to contact the CPD office of the EAAB Education and Training Department to make appropriate suggestions on any other activities that they would prefer to have included as appropriate CPD activities for the award of CPD points. 19. Maintenance of a Portfolio of Evidence of CPD activities All estate agents will be obliged to keep and maintain sufficient original evidence supporting their CPD activities on file, in a Portfolio of Evidence (“PoE”), and may be required to submit that PoE to the EAAB for checking or to produce the PoE to EAAB inspectors for the same purpose. Supporting material to be retained in the PoE would, for instance, include certificates of attendance, invoices, seminar notes and/or study notes and/or handouts, and so forth. 10 | P a g e 20. The CPD Process Participation in the mandatory CPD programme is very simple. The CPD process essentially comprises the following four steps: 20.1 Decide what estate agents need to participate to achieve the number of points required. Estate agents, using the four categories and the schedule of CPD activities, will decide on the activities that they wish to participate in. They may already be involved in some of the activities while others, such as the writing of articles, might be something new that they have not previously been involved in. Estate agents will be required to record the activities they have chosen on the CPD record card in the “planned” column. 20.2 Estate agents must participate in the appropriate activities to accumulate the required CPD points. Estate agents must, therefore, implement what they have planned. If they intend attending training they must ensure that the dates are properly diarised and that they have registered for the events in question. If books are to be read or self-development is to be implemented estate agents will be obliged to set realistic goals and to ensure that those goals are achieved. 11 | P a g e 20.3 The participation by estate agents in the chosen activities must be recorded. Estate agents will be obliged to use the CPD record card to ensure that they have included all categories. As they participate in each of the identified activities estate agents must record the completed activity on their record card and ensure that they have included a true copy of the evidence of their participation in the PoE so that everything is retained of record and easily accessible. The PoE must be submitted to the EAAB annually for assessment. 20.4 Estate agents must monitor and evaluate their progress throughout the CPD period. Estate agents must ensure that they have achieved what they set out to do in respect of CPD compliance. Any areas of concern should be highlighted and focused on until the requisite number of CPD points has been attained. 12 | P a g e CPD RECORD CARD 2012 – 2013 Name: Surname: ID no. Tel no./cellular: E-mail address: FFC No. I declare that the content of this record card is a true reflection of the activities that I have engaged in as part of my Continuing Professional Development as a practicing full status estate agent. Signature: Name & Surname: (Print) 13 | P a g e Date: Planned Planned activity activity Activity Activity (date, (date, duration, duration, description) description) Evidence Evidence of of participation participation (Y/N) (Y/N) Professional Development (Max 10 points per 3 year cycle) Category Category and and weighting weighting Corporate Social Investment (Max 10 points per 3 year cycle) Total: Total: 14 | P a g e No. No. of of points points For For office office use use only only Personal Development (Max 10 points per 3 year cycle) TotaL: Total: 15 | P a g e Mentoring and Coaching (Max 10 points per 3 year cycle) Planned activity Activity (date, duration, description) Evidence of participation (Y/N) Education and Training (Max 10 points per 3 year cycle) Category and weighting Reading and Publishing (Max 10 points per 3 year cycle) Total: Total: 16 | P a g e No. of points For office use only
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