One Stop Between You and the NHBRC
Home Builders Frequently Asked Questions
Here are Frequently Asked Questions regarding the NHBRC and The Facilitators.
Please note that The Facilitators consult, advise, and assist with Registrations, Enrolments, Status Upliftments, Renewals, Late Enrolments and all other NHBRC Related applications, procedures, processes, regulations, rules, and any other activities.
Are The Facilitators part of the NHBRC or not?
The Facilitators is not part of the NHBRC and is an independent company that acts on your behalf. We specialise in facilitating applications, processes, and procedures between you and the NHBRC. We enjoy an excellent working relationship with the NHBRC to your benefit.
Where do The Facilitators operate?
Our Head Office is based in Centurion, Gauteng from where we render a National Service. You may find us at 174 Retief Avenue, Lyttelton Manor X1, Centurion, 0157.
Must every Home Builder or Building Contractor in South Africa register with the NHBRC?
Yes, a person who carries out the business of a Home Builder must be registered with the NHBRC. The business of a Home Builder means to:
- Construct or to undertake to construct a home or to cause a home to be constructed for any person.
- Construct a home for the purposes of sale, leasing, renting out or otherwise disposing of such a home.
- Sell or to otherwise dispose of a home contemplated in paragraph (a) or (b) as a principal.
- Conduct any other activity that may be prescribed by the Minister for the purposes of this definition.
What are the benefits of being a registered Home Builder or Building Contractor?
Registered Home Builders or Building Contractors are recognized by Financial Institutions and are accepted as reputable Home Builders by Home Owners. Homer Builders gain access to NHBRC technical requirements as contained in the NHBRC Home Building Manual of 2015 and SANS 10400 2015 Collection. A Home Builder will be able to access the NHBRC free training programmes offered in both rural and urban areas.
What happens when you fail to register with the NHBRC when you act as a Home Builder or Building Contractor?
If you carry on the business of a Home Builder or Building Contractor and you fail to register, you could be found guilty of an offence in terms of Section 21 of “The Act”. On conviction, you will be liable for a fine not exceeding R25 000 or a one-year prison term for every director, trustee member or partner on each charge.
When are Home Builders or Building Contractors suspended?
As per Section 11 of “The Act” no 95 of 1998, the NHBRC is mandated to suspend Home Builders or Home Building Contractors on the following actions:
- The Council may withdraw the registration of a home builder where the home builder has been found guilty by the disciplinary committee on a charge that such home builder—
- has failed to comply with any provision of or obligation in terms of this Act and fails to comply with a notice from the Council requiring rectification of that failure;
- has consistently failed to comply with any one or more provision of or condition or obligation in terms of this Act—
- where the Council has notified the home builder of its intended withdrawal of the home builder’s registration with the Council, and has requested the home builder to provide reasons as to why the Council should not withdraw the home builder’s registration with the Council; and
- where the Council is not satisfied, on reasonable grounds, that the home builder will comply with any particular provision of or condition or obligation in terms of this Act;
- has failed to comply with a notice from the Council requiring the home builder to pay amounts due to the Council on account of any fee, charge or levy or any costs incurred or expended by the Council related to the failure of the home builder to comply with section 13 (2) (b) (i);
- has contravened the code of conduct made under the Rules; or
- has failed to respond to correspondence from the Council.
- The provisions of section 10 (8), (9), (10), (11) and (12) shall, with the necessary changes, apply to a withdrawal of the registration of a home builder.
- Where the Council has information that would—
- enable the Council to act in terms of subsection (1); and
- require immediate intervention by the Council in the interest of housing consumers, the Council, after having notified the home builder and after having allowed the home builder an opportunity to urgently respond to the Council, may suspend the registered home builder’s registration or refuse to enrol homes for the period that the Council deems to be necessary to investigate the matter or until the registered home builder has complied with the relevant provision of or condition or obligation in terms of this Act, as the case may be.
Does the NHBRC receive an enrolment fee for each new house built?
Yes. The enrolment fee is calculated from the selling price of each home or sectional title unit by using a sliding scale.
The fees are designed to provide a Warranty cover for 5 years on major structural defects for all new Homes and Sectional Title Units enrolled and constructed. The law requires all Home Builders or Building Contractors to enrol every new Home and Sectional Title Units with the NHBRC, irrespective of the Selling Price or whether it is built through cash or mortgaged bond. Before an enrolment certificate is issued, the Home Builder or Building Contractor must pay the determined enrolment fee. Please note the Home Builder or Building Contractor is not permitted to proceed with construction until the enrolment certificate or exemption letter is in hand.
A house valued up to R500 000 is subject to a levy of 1,3%. An additional 1% is added up to R1-million, 0,75% up to R2-million and 0,5% beyond that up to R5-million at a maximum of R34 000 per Home and Sectional Title Unit.
What does the enrolment fee cover?
The enrolment fee covers enrolment of the home, operating costs for inspection of the home, complaints handling and consequential remedial works.
A 5 (five) year warranty on structural defects, one year on the roof and three months on finishes.
In the case of remedial works, if the Home Owner needs accommodation, storage and transportation it will be covered.
The cost of remedial work includes demolition of a home, removal of debris, erection of the new home and all professional fees such as Architects, Quantity Surveyors and Engineers.
The maximum expenditure by the NHBRC for the Warranty amounts to Five Hundred Thousand Rand (R 500 000,00)
Does the NHBRC have a Disciplinary Procedure?
Yes. Where a contravention warrants a disciplinary process, a notice will be given to the Home Builder or Building Contractor advising them that the matter has been referred to the NHBRC’s Legal Committee who will prepare a charge. The charge should explain to The Home Builder or Building Contractor what may happen should they be found guilty. They are afforded a thirty (30) day period to respond to the allegations.
Can I use a mix of new and second-hand bricks?
There is nothing wrong with the mix provided the builder is using the same type of bricks. For example, you cannot mix concrete and clay bricks because they have different performance properties, which may result in cracks.
How long does the NHBRC registration process take?
The registration process takes approximately two to three (2 to 3) weeks. The Facilitators will consult, advise, and assist your registration application from start to finish.
Do I need to enrol staff quarters that is part of a development in which staff will reside?
Yes, it must be enrolled as an extra unit in the development.
When is it necessary to appoint a Competent Person?
You need to appoint a Competent Person who is registered with the NHBRC for ALL enrolments. No Homes or Sectional Title Units will be enrolled unless the necessary forms are signed and barcoded by the Competent Person.
Is it compulsory to put membrane sheeting under roof tiles?
Under tile membranes are a mandatory requirement in coastal areas and for tiled roofs having a pitch between 17,5 and 26 degrees. Tiled roofs having a pitch between 27 and 45 degrees, do not require under tile membranes.