The Facilitators' November NHBRC Newsletter.

Keeping you up to date regarding the NHBRC and building regulations that might effect you as a homebuilder or home owner.

Dear Valued Customer

Welcome to our November Newsletter.

Our Newsletter is the best way to stay aware of changes and new government legislation effecting the NHBRC. You'll never again miss out on the essential information you need to comply with the NHBRC.

Our Newsletter also has information from the Builders Manual, The Act, News Updates, Case studies and information on developments and changes in the building industry that might effect you and your company.

NHBRC Building Rules and Regulations: Did you know?

Warranty Cover Period Provided by the NHBRC

NHBRC's Warranty Scheme provides warranty cover on all new mortgageable housing units built / facilitated by a registered NHBRC Home Builder and enrolled with the NHBRC.

This Home Building Manual is for structures, which comprise four storeys or less (inclusive of a basement). Structures of greater than four storeys shall be submitted to the Technical Department of the NHBRC for consideration prior to enrolment.

i) Construction Phase
The Home Builder will be required to provide the purchaser with a contract stating that the -one Builder will rectify, at his own expense, all latent as well as patent defects manifesting during the construction phase of the housing unit, timeously upon identification.

The construction phase is deemed to be from the date that the contract is effective until the occupation date.

ii) First three months following occupation
The Home Builder will also be required to contract to rectify, at his own expense, any deficiency related to workmanship and materials during a 90 (ninety) day period as from the occupation date.

iii) First twelve months following occupation
Home Builder will be required to contract that for the first twelve months following occupation he will undertake, at his own expense, to repair any roof leaks that occur.

iv) Warranty Period
The Home Builder and consumer will be required, by the NHBRC, to conclude the Standard Home Builders Warranty, which obliges the Home Builder to rectify any defect of a patent or talent nature, in respect of the substructure, the superstructure and the roof structure for a period of five years following occupation.

At any stage during the five year period the NHBRC, at its sole discretion and in accordance with the rules laid down by the NHBRC, may rectify defects in instances where a registered Home Builder is unwilling or is unable to rectify a valid defect provided, however, that such instance is not within the first three months following occupation.

This Months Most Frequently Asked Question

Question (Home Builder)

I have a client that is building cash. The home owner refuses to pay the NHBRC Enrolment fee, because he says that he is in effect an owner builder. Does the home owner have to enroll the house?

Answer:

You can get exemption as an owner builder, but you have to get exemption before you start building from the NHBRC (Minister of Housing). Among other things, you will have to agree that you:

1. Understand the implications of the exemption and my/our home not being enrolled under the requirements of the Housing Consumer Protection Measures Act.
2. Will occupy the property and not sell the house within 5 years.
3. Are aware that you will have no warranty protection as laid down in the Housing Consumer Protection Measures Act (HCPM Act)
4. Are aware that you may not be able to sell the home in future, as an enrolment certificate would normally be called for, upon resale?
5. Are aware that the house I/we intend building must comply fully with the requirements of the National Building Regulations Act.
6. Will be fully responsible for:
- Administering the whole building project and purchasing of all building material.
- Employing and monitoring artisans and labourers
- Quality of materials and workmanship
7. Will be receiving progress payments directly from the banking institution that is providing mortgage finance

There is a misconception that if you build "Cash" that you don't have to Enroll your house, but that is untrue. The law clearly states that all New Residential Properties MUST be enrolled or if you are a true Owner Builder you need exemption BEFORE you start building. Read what the Act says.

Please feel free to Ask a Question or visit our Frequently Asked Questions Page.

Urgent Notices and News

The Facilitators has opened a new office in George to cover the Western Cape, Eastern Cape and Garden Route (Read More...)
All late enrolments must be declared (Read more...)

Thank You for your Continuous Support

We would like to thank you for your support. We are continuously upgrading our IT systems, procedures, training, communications and all aspects involved in giving you a better service.

Your business is very important to us so please let us know if there are areas you think The Facilitators can improve on.

Kind Regards

Andrea van Rooyen

The Facilitators
Tel: 086 123 6765
Email: web@the-facilitators.com
Web: www.the-facilitators.com