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Conciliation Process
The housing consumer will be offered conciliation after the NHBRC has reviewed the complaint and the nessecity and desirability of carrying
out on-site conciliation. This is a process whereby an appointment is arranged between the housing consumer, the home builder and the NHBRC's
conciliation officer who will inspect the dwelling and assess the complaint in terms of the Act.
Following the on-site conciliation, the conciliation officer will prepare a report specifying the items that the home builder must rectify
to meet their obligations on terms of the Act, and the dates by which rectification work must begin and be completed.
Conciliation Fees
| Deposit fee |
Nature of complaints |
Amounts payable |
Comment |
Conciliation
deposit/fee |
- Three months
- Defect peroid
- Roof leaks
- Major structural defects
- Contractual dispute
(relating to NHBRC
technical requirements)
|
- R100 (in case of
homes with a selling
price of up to
R100,000)
- R300 (in cases of
homes with a selling
price of more than
R100,000)
|
The amount will be refunded to
the housing consumer only
after the house has been
inspected by NHBRC's
Provincial Customer Centre
and the conciliation report
reveals that the housing
consumer's complaints are not
frivolous and fall within the
warranty cover.
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On-site Conciliation
After receiving confirmation of the details of the complaint and the conciliation fee or deposit (See Table above, the NHBRC
will review the necessity or desirability of carrying out an on-site conciliation.
Dates for the Conciliation
If the NHBRC decides that on-site conciliation is necessary, it will propose three alternative dates and times. Should none of the dates
suit the home builder, the conciliation inspection will proceed on a date convinient to the housing consumer, The NHBRC shall notify both
parties as to the date and time.
Should the home builder be unable to attend they shall be notified concerning
- The date and time of the inspection
- That he or she is entitled to have a representative attend the inspection, and
- That the NHBRC shall provide them with a report of the inspection.
.
Investigation Process
- The NHBRC will inspect the home and assess the complaint in terms of the Act.
- If further investigation is required to complete its report, the NHBRC may request the home builder to do so within a specified period
and cary out any investigation that may be necessary.
- Where the NHBRC appoints a competent person registered in terms of the engineering profession of South Africa to carry out further
investigations, that competent person must be regarded as having been appointed for the purpose of legal proceedings.
NHBRC Report
Following on site conciliation and any further investigation undertaken, the NHBRC will prepare a report
- Detailing the items that require rectification by the home builder to meet their obligations; and
- Specify the dates by which such work must commence and be completed. The contents of the report will be notified to both
the housing consumer and the home builder and, subject to the provision of Section 22 of the Act, the home builder must effect the
rectification as specified in the report.
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