One Stop Between You and the NHBRC
The National Home Builders Registration Council (NHBRC) is a Regulatory Body governed by the Housing Consumer Protection Measures Act 95 of 1998. They regulate the Home Building Environment, assist, and protect Housing Consumers against Home Builders who deliver homes of substandard design and workmanship of poor quality.
To warrant such protection a newly built residential dwelling must be enrolled by any Developer, Home Builder or Prospective Home Owner with the NHBRC whether being built for cash or through financial assistance by any legal bond holder.
The types of dwellings covered by the NHBRC warranty are: Homes, Flats, Town Homes, Employee Corporate Housing, Maisonettes, Rented Homes, Real rights, Leasehold Properties and Retirement Villages.
Additions and Alterations are not covered by “The Act” and you may apply for exclusion from Enrolment to furnish Financial Institutions with evidence of same upon unit transfer. We can Facilitate this process for you.
All Developers, Home Builders that are in the business of building or effecting residential dwellings must register with the NHBRC.
Owner Builders must apply to Register with the NHBRC and apply for enrolment exemption before construction commences.
The NHBRC warranty covers foundation (substructure), walls (superstructure), floor slabs, stairs and roof up to a maximum amount of R500 000 (Five Hundred Thousand Rand) which includes professional fees, rectification costs and reasonable accommodation costs.
Providing the NHBRC enrolled the house, the Warranty takes effect from date of Home Owner’s occupation or otherwise from date the occupation certificate is issued by Local Council, whichever takes place first.
Defects and poor workmanship must be recorded formally in writing to the Developer or Home Builder as well as the NHBRC within three (3) months from date of occupation.
Roof leaks caused by poor workmanship and materials must be formally recorded in writing with the Developer or Home Builder and the NHBRC within one (1) year from date of occupation.
The warranty period related to the foundation (substructure), walls (superstructure), floor slabs and stairs is five (5) years from date of occupation (either from Local Council or Owner’s Happy Letter).
A formal non-compliance notice by the NHBRC against a residential dwelling, not formally rectified, does not qualify for the NHBRC Warranty.
It is an offence if you are in the business of constructing or effecting residential dwellings to sell, rent or occupy and do not register as a Developer or Home Builder, enrol the dwelling, obstruct NHBRC inspectors, withhold or give false information, fail to declare late enrolments or disregard a non-compliance notice.
If you are found guilty of any offence mentioned, you can face a fine of R25 000 (twenty-five thousand rand) or one (1) year imprisonment on each charge according to Government Gazette No 19414 and R.20658.
Should the Home Builder or a Housing Consumer refuse to comply with “the Act”, the NHBRC may apply for a court order in terms of Section 20 of “The Act” to:
- Enforce compliance
- Stop construction of a home
- Grant assistance that may be appropriate in the circumstances