Frequently Asked Questions

Here are Frequently Asked Questions Home Builders and Home Owners ask about the NHBRC and The Facilitators. Please note that we help and assist with Registrations, Enrolments, Status Upliftments, Renewals, Late Enrloments and all other NHBRC Related procedures and issues.

Please feel free to Ask a Question.

Questions (Home Builders) 

Are the Facilitators part of the NHBRC 

The Facilitators is an independant company that spesialises in all NHBRC related procedures and issues. Although we enjoy a good working relationship with the NHBRC, we are not part of the NHBRC and we represent our clients, the builders, contractors, developers and home owners.

Where do The Facilitators opertate? 

We have offices in Centurion (All areas except for our office in George) and George (Eastern Cape \ Western Cape \ Garden Route).

Must every home builder in RSA register with the NHBRC? 

Yes, every builder who is in the business of home building must be registered with the NHBRC in accordance with Section 10 of the Housing Consumer Protection Measures Act. In terms of section 10 of the Housing Consumer. Protection Measures Act 1998(Act 95 of 1998) any person in the business of home building is required by law to register with the NHBRC.

Let us Register you as a Builder

 What Are The Benefits of Being A Registered Homebuilder?

Registered homebuilders are recognized by financial institutions as homebullders, and are accepted as reputable homebuilder by housing Consumers (home owners). Builders gain access to NHBRC technical requirements as contained in the homebuilding manuals. A homebuilder will access the NHBRC free training programmes offered in both rural and urban areas.

 

What Happens When You Fail To Register With The NHBRC?

If you are in the business of home building 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.

 

Why Are Homebuilders Suspended?

If the homebuilder falls to honour his\her obligations in terms of the Housing Consumers Protection Measures Act he \ she may be suspended which may lead to a disciplinary hearing.

 

Does the NHBRC Receive an Enrolment Fee of Each New House?

The fees are designed to provide a warranty cover for 5 year major structural defects for all new homes enrolled. The law requires all home builders to enroll every new home with the NHBRC, irrespective of selling price or whether it is built through cash or mortgage loan. All new homes must be enrolled 15 days before construction commences. Before an enrolment certificate is issued, the homebuilder must pay an enrolment fee that has been determined.

A house valued up to R500 000 is subject to a levy of 1,3%. An additional 1% is added up to R1-million, 0,75% up to R2-million and 0,5% beyond that up to a maximum of R34 000 per housing unit.

 

What Does The Enrolment Fee Cover?

The enrolment fee which is paid by the housing consumer covers the following service such as, enrolment of the home, operating costs for Inspection of the home, complaints handling and consequential remedial works. In the case of remedial works, the housing consumer is provided with accommodation, storage and transportation when the home is demolished and is being rebuilt.

The cost of remedial works includes amongst others, demolition of a home, removal of debris, erection of the new home and all professional fees such as architects', quantity surveyors' and engineers' fees).

Let us Enrol a Property

 

Does the NHBRC have a Disciplinary Procedure?

Yes. Where a contravention warrants a disciplinary process, a notice will be given to the builder advising him that the matter has been referred to the Committee, draw a charge, implications of the charge should be explained to the builder should he be found guilty and the builder is afforded a 30 days period to respond to the allegations.

Following repeated requests from members of the public regarding the role of the NHBRC and the how the warranty scheme operates, this news release is designed to address those issues.

 

Can I use a mix of new and second hand bricks?

There is nothing wrong with the mix provided the builder is using the same type of bricks. For example, you cannot mix concrete and clay bricks because they have different performance properties, which may result in cracks.

 

How long does it take for the NHBRC registration process

The registration process takes approximately 2 weeks. The Facilitators arrange everything from the Technical Interview, delivery of the Builders Manuals and the Induction. Please contact us to register you with the NHBRC.

 

Can a home owner make use of an unregistered builder if he himself registers wiith the NHBRC?

Yes, the home owner can register as a builder with the NHBRC and get a subcontractor to build. The registered home owner however will then be liable and responsible for conforming to the NHBRC rules and regulations.

To register, please contact us on 086 123 6765 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

 

I have a development with 6 units (400 - 500m²). There is staff quarters (98m²). 2 bed, 1 bath, Kitchen, Lounge, dining room. Do I need to enroll that?

Yes it must be enrolled as an extra unit in the complex.

 

When is it necessary to appoint a Competent Person?

You need to appoint a competent person who is registered with the NHBRC for ALL enrolments. No home will be enrolled unless the necessary forms are signed by the competent person (Engineer).

 

Where are the NHBRC Offices?

NHBRC Eastern Cape
40 Pickering Street
Newton Park
Port Elizabeth
6045

NHBRC Free State
Unit 4 Hydro Park
98 Kellner Street
Westdene
Bloemfontein
9301

NHBRC Gauteng
10 Muswell Road
South Phase 4
Medscheme Building
Bryanston
Johannesburg
2021
NHBRC KwaZulu Natal
Suite 502
Fifth Floor
The Marine Building
22 Gardiner Street
Durban
4001
NHBRC Limpopo
Suite 202
Gabbles Building
81 Hans van Rensburg Street
Polokwane
NHBRC Mpumalanga
Suite 201
Medcen Building
14 Henshal Street
Nelspruit
1201
NHBRC North West
67 Brink Street
Rustenburg
2999
NHBRC Northern Cape
13 Bishops Avenue
Block B
Sanlam Business Complex
Kimberley
0124
NHBRC Western Cape
Vineyards Office Estate
99 Jip de Jager Rd.
Belville
7530
 

 

Is it compulsory to put a plastic under the roof tiles?

Under tile membranes are a mandatory requirement in coastal areas and for tiled roofs having a pitch of between 17,5 degrees and 26 degrees or greater than 45 degrees. Under tile membranes are optional but recommended for roofs having a pitch of between 26 and 45 degrees. (Building Manual Part 3. Point 7.4.2)

 

Questions (Home Owners)

 

What Is The NHBRC?

The NHBRC is an acronym for the National Home Builders Registration Council which is an organ of state established in terms of the Housing Consumers Protection Measures Act,1998 (Act 95 of 1998).

 

When Was The NHBRC Founded?

On 26 March 2001 a Statutory Council was installed, in accordance with the provisions of the Housing Consumers Protection Measures Act, 1998 (Act No. 95 of 1998).

 

What Purpose Does The NHBRC Serve?

The NHBRC is an acronym for the National Home Builders Registration Council which is an organ of state established in terms of the Housing Consumers Protection Measures Act,1998 (Act 95 of 1998).

 

What Is Covered By The NHBRC Warranty Scheme?

The warranty scheme protects the housing consumer by providing a five-year warranty against major structural defects on the new home, 90 days defects liability warranty cover, 12 months roof warranty cover. A housing consumer (home owner) will have the assurance that a homebuilder registered with the NHBRC has agreed to abide by the rules and regulations laid down by the NHBRC.

This means that the homebuilder has agreed to build the enrolled house to a minimum quality standard that has been set out in the NHBRC's Home Building Manual.

 

Who Audits The NHBRC?

The Office of the Auditor General has given three consecutive unqualified audits reports in the past three years. It should be borne in mind that the Office of the Auditor General invites itself to conduct audits on any public entity. The independent audit of the Office of the Auditor General has confirmed to the public that NHBRC is properly managed.

The increase in both home enrolments and registration of homebuilders demonstrates public confidence.

 

Does The Act Make Provision For Alterations and Improvements?

The Act does not make provisions for the alterations, conversions, additions or improvements, but the matter is being discussed with an intent to make a recommendation to the National Department of Housing.

 

Does The NHBRC Conduct Inspections?

Every new house constructed must be inspected. If the house is enrolled prior to construction, the NHBRC is afforded the opportunity to carry out all necessary Inspections.The number of inspections conducted per house is a function of the size and the complexity of the design of the house.

 

How Does The NHBRC Handle Complaints?

The NHBRC has established a complaint handling mechanism, which has assisted many housing consumers. Each complaint is professionally and speedily processed on behalf of the housing consumer. According to the NHBRC records the NHBRC has not failed any housing consumer who had a genuine structural defect. All home owners, public and private institutions and media houses are advised to send all the complaints received by it to the NHBRC for evaluation.

The NHBRC may deal with a complaint in one of the following ways:
* Accept the complaint
* Advise that the complaint falls outside the scope of the Act, and notify the housing consumer of its decision and its reasons.
* Request the parties to resolve the matter through legal proceedings as the matter falls outside the scope of the Act

Home Builders' Responsibilities:

The Home Builder shall:
* Confirm whether he or she denies or accepts the complaint,
* Confirm when any rectification work or any other appropriate action will start and end,
* Arrange necessary access to effect rectification

 What Is Concillation?

This is a process where by the NHBRC calls both the housing consumer and home builder to site to check which items of the housing consumers complaints are valid and need to be rectified by the home builder, with the aim of resolving the dispute.

 What Does Conciliation Cover?

Conciliation covers all relevant structural concerns of the housing consumer and clarifying the homebuilder's responsibility and the housing consumer's obligations.

 How do I make a claim against a Builder / NHBRC?

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

How to lodge a complaint?
* Phone the NHBRC’s toll free number: 0800 200 824.
* Complete the complaint form.
* Include: Proof of the occupation date of the home, if applicable (e.g. municipalities need the occupation certificate).
* Proof of notification to the home builder within the necessary time periods.
* A complete list of the items of dispute notified to the home builder.

As we do not get involved with claims, the NHBRC are the people to be contacted. They will explain exact procedures as well.

 

How Does The NHBRC Prevent A Deregistered Builder To Re-Reglster Under A New Name?

The ID details of the individual directors, owners of the companies/close corporations and sofe traders are captured on the NHBRC IT system, preventing re-capture of the same under different companies/close corporations.

 

Under What Circumstances Will The NHBRC Do Remedial Work To My House?

The NHBRC is responsible for repair of major structural defects which occur to an enrolled home. The process is initiated once it is established that the home builder is either liquidated, unwilling or is unable to undertake remedial works.

When the homebuilder disputes the findings and recommendations in the conciliation report or the recommendation of a competent person (Engineer), the NHBRC will assis the housing consumer by undertaking remedial work

 

How Much Has Been Spent On Remedial Works By The NHBRC?

Over the past five years NHBRC has spent over R25 million in remedial works..

 

What happens If Major Structural Defects Arise Within The First Five Years Of Occupation?

  • The housing consumer notifies the builder.
  • The defect is a result of non-compliance with the NHBRC Technical requirements
  • The homebullder is in breach of his obligations to rectify a major structural defect
  • The home was built by a registered home builder and was enrolled with the fund at the date of occupation
  • The homebuilder no longer exists or is unwilling or unable to meet his obligations.

The NHBRC's fund for recfiflcatlon covers a home which includes:

  • Private drainage system from the structure up to the municipal connection or the cesspit connection
  • Any garage or storeroom
  • Any permanent outbuilding designed for residential purposes
  • Any retaining wall
  • In the case of sectional title unit, it includes the common property In terms of the sectional Titles Act.

 

Does the NHBRC maintain a schedule of Registerd and/or Approved Contractors?

Yes, the NHBRC has a list of all registered builders. You can find the list and do a search for registered builders on their website.

 

How can one find out if a development company is reputable?

A track record means a lot in this business. Find out how long they have been operating for. Do a Google search on the company name and go and check out completed developments. Get hold of the chairperson of the body corporate and ask him or her a couple of probing questions. They must be registered with the NHBRC (National Home Builders Registration Council).

Be cautious; pay as little up front as possible. Do not sign any blank release forms and ensure that the correct money gets paid over to the developer as the project proceeds. Check out their PC lists (personal choice) to make sure that the values they have attached to fittings represents fair value.

For example, they might tell you that they have allocated R70 per square metre for carpeting but it is impossible to get carpet for less than R110 per square metre.

Article Supplied by iafrica.com, Iona Minton

 

Can I get exemption from enrolling my home, if I am an owner builder?

Yes you can, 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

 

Do I have to get exemption before I start building?

Yes, you have to get exemption from the NHBRC (Minister of Housing) before you start building.

 

Where in the Act does it say an Owner Builder must get exemption to build a home or pay the NHBRC Enrolment Fees?

Act 95, Section 29: Exemption

The Minister may, on the recommendation of the Council on application made to it, in exceptional circumstances and on the conditions that the Minister may determine in general or in any particular case, exempt a person or a home from any provision of this Act, if the Minister is satisfied that -
(a) the granting of the exemption would be in the public interest:
(b) the granting of the exemption would not undermine the objectives of this Act, or the effectiveness of the Council; or
(c) should the exemption not be granted, the effect would be extremely prejudicial to the interests of the applicant and housing consumers.

 

If you want to add a double garage to an excisting home either attached or detached to the home, must the contractor or owner builder be registered with the NHBRC?

The Act states: Types and dwellings which fall within the scope of the NHBRC Warranty scheme are: All new residential dwellings built after 1 December 1999, regardless of selling price, excluding subsidy homes, should be enrolled.

The following are the types of dwellings covered by the warranty: Houses, Flats, Townhouses, Sectional titles, Cluster homes, Employee/Corporate housing, Marionettes, Rented homes.

A garage is not a residential building and does not need to be enrolled if it is an extension of the home.

A garage does need to be enroled however if it is part of a newly built dwelling.

 

I'm building cash, so the bank does not need to see a certificate? How will the NHBRC catch me?

Even if you are building cash and the bank won't require a certificate, your Conveyancing Attorney is obliged by law to make sure that the house is enroled.

Act 95, Section 18: Obligations of mortgagees, conveyancers and provincial housing development boards

(2) Any conveyancer attending to the registration of a mortgage bond in favour of an institution contemplated in subsection ( 1 ) shall ensure that the home builder is registered in terms of this Act, has enrolled the home with the Council and has paid the prescribed fees in respect of that enrolment.

 

Can a seller \ contractor sell a house "voetstoots"?

Yes, a contractor can insist on selling a house as "voetstoots" when it is an existing home. Only in a case where you have a new home built and there is a building agreement between the owner and builder it will not be "voetstoots".

Voetstoots, means that you purchase the house as you see it. It is a good idea to add a clause to your agreement that you have a period of at least 14 days to submit a "Nags List" which will be fixed by the seller, at his expense within a certain period (say 14 days after receipt of the list).

The purchaser must make sure that the house is enrolled with the NHBRC and also obtain the "ORIGINAL ENROLMENT CERTIFICATE" on that specific property. This certificate is also your warranty on structure for 5 Years and roof for 1 year.

 

Do I need to Enrol Additions and Alterations with the NHBRC?

Documentation (Approved Municipality Plans) must be submitted to the NHBRC who will decide whether the property should be enrolled or not. A letter to the effect will be issued to developer/builder/owner for financial purposes.

 

Could Not Find An Answer To Your Question?

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Facilitators Services

  • NHBRC Enrolments >

    We facilitate the whole process for you and advise you on your legal rights.
  • NHBRC Late Enrolments >

    We can advise and assist you with your late enrloments
  • NHBRC Registrations >

    We assist with the registration of builders from start to finish. Contact us for advice and assistance.
  • NHBRC Renewals and Upliftments >

    We facilitate your yearly NHBRC renewals and arrange status upliftments
  • Other NHBRC Related Matters >

    We assist with ALL NHBRC related matters including Technical Interviews, Dolomite & Lime Stone, Selling Price Upliftments, Building Contracts, Quotations,
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