HOME OWNER

A housing consumer will have the assurance that a home builder registered with the NHBRC has agreed to abide by the rules and regulations laid down by the NHBRC. This means that such a home builder has agreed to build the enrolled house to a minimum quality standard that has been set out in the NHBRC's Home Building Manual.

Before you Conclude to any Building Contractor, you should:-

• Obtain Legal Insurance from Companies e.g. Legalwise or Santam Legal Access. prior to concluding any agreements with a Builder.  This could save you Thousands of Rand in Legal Costs, should a builder not adhere to his Contractual Obligations.  These policies are inexpensive (R30 -R70 pm) depending on the amount of Legal Cover you may require.  Ensure that you are familiar with the rules and conditions of these policies and specifically the 'start of cover date'. 
• Determine the credibility of the Home Builder;
• Ensure that the Builder is in fact registered and if so not suspended at the NHBRC;
• Confirm previously enrolled homes by the Builder at the NHBRC and visit the new owners if possible;
• For your own protection have a clause built in your contract that in the event that it is required for an ‘inspection’ by the NICRC.SA, that should any irregularities be determined, that the cost of the ‘Inspection’ be borne by the builder or deducted from any outstanding monies owed to the builder;
• Ensure to include a clause in your Agreement that will hold the builder (Directors, Members etc) personally liable for losses incurred or suffered as a result the Construction Company fails to Commit and or Adhere to the Conditions as setout in the Agreement between parties.
• Familiarise yourself with and ensure that you understand the Home Builders Obligations.

Home builder's obligations to Housing Consumers are to:

Conclude a written agreement for the construction, or sale of any new home.

A written agreement shall:

• be signed by both parties;
• set out all the material terms including the financial obligations that the housing consumer have attached as an annexure, the specifications for materials and plans reflecting the dimensions and measures of the home;
• Ensure the home builder does not demand or receive from the housing consumer:
  • any deposit until a written agreement as outlined above has been concluded.
  • any other payment until such time as he or she has enrolled the home with the NHBRC.
• Honour the deemed warranties to the housing consumer in relation to the construction of the home. These deemed warranties are that the home:
  • is or shall be built in a workmanlike manner;
  • is or shall be fit for habitation;
  • Is or shall be built in accordance with the NHBRC Technical Requirements and the terms, plans and specifications of the agreement.
• Honour the post-occupation warranties to:
  • rectify any major structural defect caused by non-compliance with the NHBRC Technical Requirements notified to him or her within a period of not more than five years.
  • repair any roof leak attributable to the workmanship, design or material occurring and notified to him within a period of not more than one year.
  • rectify any non-compliance with the terms, plans and specifications of the agreement or any deficiency related to design, workmanship or material occurring and notified to him or her within a period of not more than three months.