The NHBRC is governed by the Housing Consumers Protection Measures Act, 1998 (Act No.95 of 1998). The Act states that the NHBRC’s role is to:
(a) Represent the interests of housing consumers by providing warranty protection against defects in new homes;
(b) Regulate the home building industry;
(c) Provide protection to housing consumers in respect of the failure of home builders to comply with their obligations in terms of this Act;
(d) Establish and to promote ethical and technical standards in the home building industry;
(e) Improve structural quality in the interests of housing consumers and the home building industry;
(f) Promote housing consumer rights and to provide housing consumer information;
(g) Communicate with and to assist home builders to register in terms of this Act;
(h) Assist home builders, through training and inspection, to achieve and to maintain satisfactory technical standards of home building.
Any person in the business of building homes is required by law to be registered with the NHBRC.
Benefits of registering with the NHBRC
• Compliance with the Act
• Recognition by financial institutions as an accredited home builder
• Access to NHBRC mediation services
• Access to NHBRC training programmes and other building resources
Obligations of the Home Builder
• Register with the NHBRC and renew your membership annually
• Enter into a written agreement with your client before you commence with construction
• Enrol the home at least 15 days before construction begins
• Ensure the home is constructed in accordance with the NHBRC’s technical requirements, and the terms, plans and specifications of the written agreement
• Rectify non-compliance with terms, plans and specifications or any deficiency related to design, workmanship or materials, as notified by the housing consumer, that occur within a period of three months from date of occupation
• Repair roof leaks attributable to workmanship, design or materials, as notified by the housing consumer, that occur within a period of twelve months from date of occupation
• Rectify major structural defects, as notified by the housing consumer, that manifest within a period of five years from date of occupation.
Failure to Register
If you are in the business of building homes and you fail to register, you will 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 on each charge.