Was your house enrolled at the NHBRC and do you have a certificate to prove it? If not, the NHBRC will not cover any defects and will not get involved with any claim. If you do have an enrolment certificate you must follow the procedure as follows:
A home owner and a home builder must try to resolve their differences in a reasonable manner before referring a complaint to the NHBRC. Before submitting a complaint to the NHBRC, the housing consumer should:
* Notify the home builder in writing of all the complaints requiring attention within the applicable time periods set out in Section 13 (2) (b) of the Act;
* Keep a copy of the letter of complaint and proof of the date that it was sent to the home builder;
* Allow the home builder reasonable access to the property to effect rectification; and
* Ensure that all financial obligations to the home builder are met.
A housing consumer may refer a complaint to the NHBRC if any of the following conditions apply:
* The home builder does not respond within the periods specified in the table below
* The home builder fails to honour their obligations.
* There is an unresolved dispute between the home builder and the housing consumer regarding the extent of the home builder’s liability.
Table: Responce Time from the Home Builder
Type of Complaint | Period for the builder to respond or action |
Three-month non-compliance | 21 working days |
One-year roof leak | 7 working days |
Five-year major structural defect period | 7 working days |
Deposit theft or irregularity | Refer complaint to Commercial Crime Unit |
Contractual disputes | Refer to your legal representative/attorney |