Know Your Rights

Home Know Your Rights
Before you build
• Ask to see the home builders current registration certificate.
• Telephone the NHBRC to confirm whether the builder is still registered.
• Take time to inspect some of the homes built and completed by the builder.
• Talk to housing consumers who have made use of the home builder’s services.
• Make sure that the builder provides you with a contract for the building of your new home.
• Carefully inspect the terms and conditions of the contract.
• Keep a copy of the written and signed contract.
• Keep a record and proof of all payments made to the home builder.
• Be aware of the enrolment fee applicable.
• Never pay a builder in advance of work being done – only pay or authorise payment once work has been completed to your satisfaction.
• Draw a list of all problems and/or defects (snag list) when moving into the new home. The snag list should be handed over to the builder within 90 days of occupation.
Inspection of Homes
The NHBRC inspects all enrolled homes at key stages of construction. The objective of inspections is to protect housing consumers against poor workmanship during construction. In the situation where the inspector identifies a deviation from the NHBRC Home Building Manual, a non-compliance will be issued to the home builder.

The home builder will be given reasonable time frames within which to rectify the non-compliance. If the builder is unable or unwilling to rectify, the NHBRC will stop construction and institute its builder disciplinary process.

Enrolment of Homes
Section 14 of the Act requires all new homes to be enrolled with the NHBRC 15 days prior to construction. For homes under R500K the enrolment fee is calculated at 1.3% of the value of the property (including land). For homes above R500K, a sliding scale is used to calculate the enrolment fee.
Warranty Cover
By enrolling your home with the NHBRC, you are complying with the relevant South African law. Home enrolment allows the NHBRC to conduct quality home inspections at various stages of construction and provides housing consumers with warranty cover for minor defects identified within the first three months of occupation, roof leaks identified within the first year of occupation and cover against major structural defects identified within the first five years of occupation.
What the Warranty Fund does not cover:
• Maintenance items
• Fence or pre-cast fencing
• Temporary structures
• Alterations / additions
• Swimming pool
• Tennis court
• Lift
• Mechanical ventilations or air conditioning systems
• Household appliances
• Stables
• Workshops
Lodging a complaint
A housing consumer has a right to lodge a complaint with the NHBRC against their home builder. The NHBRC deals with three types of complaints:

1. Three month non-compliance
2. One year roof leak
3. Five year major structural defect

For more information on when and how to lodge a complaint click here