5 parts of The NHBRC That Help To Protect You
1. The National Home Builders Registration Council (NHBRC) gives protection against shoddy workmanship
The National Home Builders Registration Council was established in terms of the Housing Consumers Protection Measures Act, 1998 to regulate the building industry and protect home buyers against shoddy workmanship.
Motivation at the time was largely charged by fly-by-night-builders who were conning people all over the country. There was undoubtedly a huge need to regulate the home building industry and improve building standards in this part of the construction industry.
The National Home Builders Registration Council (The NHBRC) – which is a Section 21, non-profit organisation – states that it has the vision to be “a world-class organisation that ensures home builders deliver sustainable quality homes”. The way it set out to do this, was to establish a registration process for all home builders and contractors working in the domestic market, together with a National Home Builders Registration Council Defects Warranty Scheme for all new homes built by their registered members.
2. Registration with the NHBRC
Since December 1999, all home builders have been required, by law, to register with the National Home Builders Registration Council , and no financial institution is permitted to lend money against the security of a mortgage bond unless the builder is registered. As a further safeguard, conveyancers are not permitted to register bonds unless these requirements have been met.
However, to register with the Council, builders must have not only the appropriate technical and construction skills, but also sufficient financial resources and management abilities to carry on a business without exposing “housing consumers” to unacceptable risks.
The National Home Builders Registration Council has a register of home builders who are members and they are in the process of establishing a grading system so that potential clients will get an idea of the quality of work to expect. Members will be able to use this information when they advertise their services.
In addition, the National Home Builders Registration Council keeps a database of any previous members who have been suspended or deregistered.
3. NHBRC Warranty Scheme
The primary concern of the National Home Builders Registration Council is “major structural defects” caused by poor workmanship. The warranty scheme was established to counter this problem, and because of it, the National Home Builders Registration Council is able to provide warranty protection against defects for all new homes: five years for the structure itself (foundations and walls), and a minimum of a year for roof leaks. Noncompliance and deviation from plans and specifications are also covered.
However, funding of the warranty scheme has historically been the most controversial issue relating to this organisation. Apart from the registration fees and annual levies, “enrolment” fees are charged for every building that is constructed. From the start fees were based on 1,3 percent of the price in the deed of sale or offer to purchase document, or the sum of the prices on the building contract and land sale agreement up to R500 000; thereafter a percentage scale is used.
4. NHBRC Manuals
One of the most valuable contributions the NHBRC has made is the publication of comprehensive home building manuals (which was a requirement of the founding Act). These are available directly from them at a very reasonable price.
Simple reference documents based on normal construction procedures and recommended practices, the manuals cover every aspect of building, including planning, design and construction. They contain numerous tables, definitions, diagrams and specifications, all of which encourage good building practice. Even though drainage installations and other belowground work is excluded from the NHBRC’s warranty scheme, relevant construction methods have been included in the manuals as a guide. Interestingly, some non-standardised construction methods not covered by the National Building Regulations are also included in the NHBRC manuals.
Comprehensive as they are, the NHBRC building manuals are not intended to replace existing building regulations and/or codes of practice determined by the South African Bureau of Standards (SABS). The National Building Regulations and Building Standards Act remains in force and must be adhered to.
5. The NHBRC and Owner Builders
While the Housing Consumers Protection Measures Act was promulgated to protect consumers, unscrupulous builders found a loophole in the Act. By claiming to be “owner builders”, they were able to get away with certain construction projects without registering with the NHBRC and paying the necessary fees.
In 2007 the Act was amended, defining an Owner Builder as”
“a) a person who builds a home for occupation by himself or herself; or
b) a person who is not a registered home builder and who assists a person contemplated in paragraph (a) in the building of his or her own home”.
The Act also introduced People’s Housing Process projects, or PHP Projects which are approved in terms of the National Housing Code: Housing Subsidy Scheme, and which are exempt from the Act if they use their own labour to build a home.
The updated legislation also gives owner builders the right to apply for exemption from being forced to register as a “home builder” if they wanted to build owner build their home.
You can connect to their website: nhbrc.org
You can search their database for registered builders on their website: builder-search
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Hi Penny. My builder is registered with the NHBRC. He has completed the house and we moved in six months ago. However, we cannot get him back to deal with the snags. Any suggestions?
Contact the NHBRC. I don’t think you can enrol a house after the fact! The implications are that banks won’t give bonds to buyers if the house wasn’t enrolled. Was the builder registered with the NHBRC? If not you might have cause for a fraud report.
Hi Penny,
I have just learned that my builder did not enroll the house with NHRBC. How can I, in retrospect, fix this problem?
Hi, I bought a house in a sectional title complex in Pretoria East last year that has a small 1.8m x 1.8m toolshed in the exclusice use area. As far as I understand for a structure this small one does not need council approval only bocy corporate aproval? The trustees served me with notice of non-comloance laste week with a 30 day timeline to get council approval on the tool shed. The managing agent and trustees are persistant in saying that municipal by-laws state that approval is needed for any and all minor building works. I can’t find anything online in the Tshwane by-laws about this. So I think I am safe ignoring the notice about council approval and just ensuring that I have body corporate approval. But I am just somewhat scared that this backfire when I try to sell the house in the future and need the body corporate to issue me with a clearance certificate. Do you have any advise?
where can we log a complaint?
Bloemfontein
Good day
What does NHBRC Manual say about Swimming pools, etc, Distance between house and a Swimming pool.
Regards,
Samuel
I’m blacklisted can I apply for NBRHC certificate
I have been trying to contact the NHBRC for a week, their website is down and they don’t answer the phones?
Any direct contacts to lodge a complaint, please?
Since 1999 all homes have had to be built by an NHBRC-registered builder. The only exception is where owner-builders get an exemption from the NHBRC. This has nothing to do with plans, occupation certificates, and the various CoCs which are also legaly required. This means that you should have received an NHBRC certificate – and so the bank has every right to demand one. Renovations are not covered by the NHBRC – and the five-year time period relates to the length of time a exempted owner-builder has to live in the house before he/she can sell it. Part of the NHBRC warraties are also five years I think – but this isn’t relevant.
We sold a property that was build in 2005,In 2009 this property was renovated In 2016 proper house plans with the alterations done to it was approved by the local council , A occupation certificate was also issued by the council after building Inspector inspected it ,A electrical COC was also issued as well as a COC for GAS by registerd contractors
The property was sold cash and the buyer was happy with sale,a offer to purchase was signed with no conditions, Since the the registration took place the Buyer applied for a additional loan to do further building on to the property ,The bank valuator could not find value in the ammount applied for and insisted on a NHBRC certificate.As my knowledge serves me is that the house was older than 5 years and did not apply for renovations this was mentioned to them, However he does not want to continue with sale as he believes we conned him into buying without a NHBRC certificate
Could you please give us advise on this matter
Contact the NHBRC – they are the people who deal with this.
Good day
Where I can complain I bought a house Last year, I told builder that kitchen door was not right because his workers damage the door while they were installing it, and he come and see he putted something on the area I was complaining about and now it comes out and when I tell him about he says he cant fix it, I can email photos to show even door that was fitted was not correct size
Val, the NHBRC warranty on new houses only lasts for 5 years, if the house is older then this does not apply. If it is under 5 and not registered then they are selling an illegal structure and your offer should be null and void. If they did not register with the NHBRC the I would step away.
I have put in an offer on a property aftwr which I found out it is not NHBRC registered. What are my risks.
Thanks Val
Thanks alot Janek
Hi Thapelo, The Building Regulations only deal with the structure and not with contractors and labour issues. You can contact the Master Builders Ass and ask them your question. Here is a link: http://www.masterbuilders.org.za/
Hello, I would like to find out if there is a regulation in place regarding a price for labour that a contractor can charge for a building project in terms of percentage of the contract amount.eg if the building project costs R1 million, can he charge more than R500 000? or is there a percentage put in place as a maximum?
Hi Merchia, You can go here: http://www.nhbrc.org.za/forms/
Hi Cristina, It depends on what was being built. If it was a new house the the NHBRC needs to be notified and they must attend to the not completed work. If you just had a renovation/addition/alteration done then you can try a lawyer but I don’t hold out much hope for you if it was a casual/bakkie builder. If it was a registered company then you might get somewhere. If they are registered with the MBA (Master Builders Association) you can contact them: http://www.masterbuilders.org.za/
Goodday,
Who can I contact to complain about work that was not completed
Good day
Where can I find NHBRC Register documents for a home owner to build?
Kind regards
Merchia
Yes they are there to protect consumers. It sounds very dodgy. I would spend a few hundred rand and get a lawyer to write a letter demanding that they do a full investigation. You should also be covered by the Consumer Protection Act which falls under the Department of Trade and Industry.
I have lodged a complaint at an NHRC office and after nearly 9 months of no reply and submitting my complaint twice. I got any email from nhbrc saying that they closing the case as there is no structural defect in the property. My argument is that I have had the structure tested and also the built house deviates from house plan submitted to the local municipality. How can NHBRC just close the case from the builders response. Aren’t they there to protect the consumer and they did not send anyone to come check the house for the irregularities I was claiming.
Not that we know of.
Good day
I would like to enquirer where i can find a data base for contract builders contacts in western cape as i am a owner of a development and seek quotation
Vic I think my maths was a bit suspect because I think the warranty for structural defects is five years – if it was a structural problem she had. Note that this applies only to the NHBRC – they have various clauses that carry different time frames.
Because it is the law.
You will need to contact them directly
No – plans are not registered with the NHBRC. All you can do is have “as built” plans drawn up
No I don’t represent the NHBRC … My comment was based on their warranty not overall poor workmanship.
The builders… But usually the problem is forcing them to do it. You might have to resort to litigation.
You could try the National Consumer Commission. Otherwise you will have to take legal action in terms of your contract. If he belongs to the NHBRC you can report his shoddy workmanship though it probably won’t help.
The NHBRC warranty is for five years
You might be better off cancelling the deal
Only the NHBRC can answer that question
Since you are a student, you need to figure this out – not me! Good luck
The NHBRC won’t help you with this kind of issue. You will need to take legal action.
All builders must be registered with the NHBRC and all houses must be enrolled with the NHBRC. If the builder was not registered he was building illegally. If he was registered and the house enrolled, it should be covered by the NHBRC warranty (which is five years)
You need to contact the NHBRC to see what can be done.
The builder needs to enrol the house with the NHBRC
Please contact the NHBRC – we are not affiliated to them in any way.
If this is your wall and the neighbour’s building cooperation has damaged it, he must sort it out. If it is his wall there isn’t much that you can do.
You will need to get legal advice on this one.
all you can do is negotiate with the NHBRC
You could go into their offices.
Whatever is on your contract is what you should expect. If this is not done, you can demand a refund – but you might have to take the developer to court. However, all home builders must be registered with the NHBRC. Contact them to check that he is and that your house was enrolled. If not he is building fraudulently and you can report him.
The NHBRC will be able to advise how they calculate their fees. Builders commonly demand that clients pay these fees.
Please contact the NHBRC. We are in no way affiliated with them.
Nobody is registered with us. We are an informative web site! However renovations do not fall within the scope of the NHBRC – only new building.
Well he’s not going to work for free! But you do need to demand receipts for any payments made.
Your rights will depend on the contract you have with the builder. But if he has got a lawyer involved, you need to get a lawyer too!
Sounds like you have been conned. If you can find him you can take him to court.
Contact the NHBRC to see if this is covered by their 5-year warranty
The NHBRC warranty only cover structural defects in the house. If the perimeter walls have been badly built, you need to take action against the builder.
Presumably you have a contract with the contractor. This should have specified payments to be made in line with work completed. It sounds though as if you have already paid too much.
1. If this person is building homes (i.e. not just doing renovations and conversions) check whether he is registered with the NHBRC. If he isn’t he is building illegally and you can notify the NHBRC Fraud Line.
2. You probably need to get a lawyer to help with the rest.
If they have deviated from plan you have a right to demand that they replace the door with what is on the plan.
Check your contract. Unfortunately the NHBRC warranty only covers major defects and not just bad workmanship, even though the law was put into place to try and stop shoddy building.
Have you checked whether the builder is registered with the NHBRC. Either way, report him to the NHBRC. If he is registered then they can intervene. If he isn’t they can charge him with fraud and you can sue for costs.
I am sorry but we are neither affiliated to the NHBRC or have any legal personnel who can advise you.
If you take the time to read what we have written about the NHBRC you will see that all home builders are forced by law to register with the NHBRC. They cannot build homes if they are not registered. In addition to this, all houses they build must be enrolled with the NHBRC. Owner builders may apply for an exemption from enrolment. This involves a multiple-choice test – no cost that I am aware of.
I bought a site in Bethal Mpumalanga and I want to start building a new house for myself. I don’t want to enroll my house with NHBRC is there any law that forces me to buy a warranty that I don’t need?
It depends on the contract you had with the builders! You could contact the NHBRC and see if they are registered with them. I imagine they should be if they are building roofs. If they are you can report them. However, be aware that the NHBRC doesn’t have any jurisdiction over repair work, or extensions and additions.
In terms of the drains, contact the local authority and ask them to take action. Also contact the NHBRC.
I don’t think so.
Hi, does the home builder receive any monies back paid in regards of the guarantee after the five year period
Unfortunately we have no affiliation with the NHBRC and they have a rotten reputation! However I have telephoned them on occasion and found various people who have been able to help with queries. So perhaps a phone call rather than email will work.
From the NHBRC
It depends on the contract you have with the builder.
You should covered by the NHBRC warranty (five years)
I bought my townhouse in 2014. on the 20th August 2016 there was an awful cracking sound and the floor in my passage and room lifted, like an earthquake. the tiles in this area shot up and cracked and the wall outside running under the roof has cracked. I was informed that the body corporate insurance are not responsible and that this is for my own cost. I have been in this home for two years, surely this is not right.
I am a pensioner who has bought into a Retirement Village called FYNBOS HEIGHTS on the Pinnicle point Road
The plot I bought was recommended to me but there are just no drains in this retirement Village and all the water lands up on the north side of my house it has no other escape but to seep through to the South side of my house.
My garden that has cost a lot is just dieing and I get promised that drains are going to be put in but that just does
not happen.
There is a sliding door from my garage into my living area and the wind howls through my garage door because it faces the prevailing wind, They have said months ago they would put rubber around but it does not happen.
My house was for occupation in November of 2015 I am still waiting for my kitchen cupboards to be finished
PLEASE PLEASE CAN YOU HELP ME.
Hello, i am in the process of building a house, what deposit is legally required to pay the builder
my nursery schools roof caved in last year with all the rain. I then had to redo the roof ( including new strong beams ) The problem is it is still leaking in a lot and the roofing company ( Glamerous roofing ) will not come back and fix their work. Was I not supposed to have received a certificate or guarantee that this will not happen. The reason the first roof caved in was because we bought it and the workmanship was shoddy . then I had to pay a further R 130 000,00 for a new roof and if I don’t do something now this roof wont last . There are kids in these classes all the time but Glamerous Roofing have until now brought me this new quotation they are talking about to finally fix this leaking roof. what can I do about these guys ?
Hi
I purchased a new property (new development) still in progress from last year August 2015. The developer (builder) is new and its his first project. He use to be a Project Manager and owns a paving company. According to the contract and the finishes, some of it, he has changed on his own with out our knowledge and always given us some excuse, we were given certain options of having a gas stove and to be credited a certain amount which he also mentioned a few times. As it got to the stage of crediting us, he changed the amount and made lower etc. Our shower in the ensuite is not even std size, a normal person cannot even have a proper shower, there is basically no place to turn in it. When the owners brought it to his attention, he said he could fit in it but thats not true. He later on advised he will make it alittle bigger. We did see on site that he plastered it and was going to amend but a month later when we went back to our assumed date of moving in, we saw it moved back to its original size. We were advised by one of the workers that it was going to cost alot so the developer did not amend it even thought he advised me he was going to. He did not even advise me of this. He changed the property colour of the cluster from one advised to his own choice which none of the owners like and brought it to his attention because we were advised in February that he was going to bring a paint technician with three colours for us to choose. He told us that he was advised by the Architect to have that colour. On further investigation we found out that the architect had no dealings in this as he only signed for them to draw the plans. The owners were first told the property would be ready in December 2015. Due to the builder becoming ill, there was a delay/ Then we were advised by latest, March 2016, nothing happened, moved to April 2016. We were even given that date on an email as we placed noticed on our place we currently renting. He waiting for the last week to tell us the property not ready with electricity and water. The date was then moved to June and now end of July. He is currently delaying in paying the City Council and prejudicing all owners. Some of the stuff on the actual property is not up to standard for some of the owners eg tiling crooked, plastering, walls not straight and when advised of same he told the owners to pay the costs as it is going to cost extra though its his workers bad workmanship. He is busy threatening owners of their banks to pay the retention amount due to him before we can move. He is definitely running short of funds as most of workers , sub contractors are not paid and the owners cannot see major differences in their property after he gets paid from the bank, instead he is probably busy investing it in his property which is unfortunately also on the same land. Please advise what can we do, is there an inspector that can assist with the way forward as all owners have invested so much money already and we not even living on the property.
NHBRC versus Danuel Property CC. Registration Number 11383. This is a part heard matter which commenced on the 7th December 2015.
DANUEL CONSTRACTORS CC & MALULEKE & ASSOCIATES vs NHBRC
I gave up my typing job for Kudzai Masikati Fatokun whatever…only not to be paid for 2 weeks March typing!!! Was evicted short rent! Single Mom! It’s only R1400! I have proof of all recordings and typing done and proof of promised payment!
good morning
I just need to find out I have registered a new company and when I send my representative to write the excam we were told that he need the new manual R3200.00 after they told us that the old manuals will be sufficient we have the manual 1 and two dated 1999 needless to say he failed the excam after answered the questions correctly only to be told that he did not have the new book and did not answer the question in the correct way what do I do and where do I get this new manual
Hi
I have had a new house built in Hermanus – Sandbaai which was completed and occupied by Tenants last year July. I wrote to the NHBRC last week listing out all my issues with the Builder / Developer on poor workmanship and handing over of certificates of completion with warrantees. I got some certificates on Tuesday of this week after requesting them for a year from the builder. I have concerns of poor external plaster work that is powdery to the touch and external damp on my walls behind a bathroom. I have asked the builder on numerous occasions to sort it out, but to no avail and saying that its all okay. I do reside in the UK and have an Estate Agent looking after the house.
Please advise who from the NHBRC can respond to my email which I have sent.
Kind Regards
Hi, i have bought a sectional title off plan but instead of a sliding door in the lounge it was replaced with a swing door. This was not communicated to the buyers and after speaking to the developer and not getting an explanation I get the feeling they did it to save money.
Is there anything I should do as i have not taken occupation yet?
Need some advice please. We hired a contractor almost 4 months ago to convert our garage into a flatlet. We regularly paid deposits as requested but the entire experience has been a nightmare. there have been errors made at every step. the contractor did not supervise his staff and we constantly had to call him to point out faults and beg him to fix them. progress was also very slow. he would actually tell us that he is pulling people from our job to complete other jobs. we have waited for our turn to get his full resources but this has not happened. Currently he is not replying our messages after sending him many begging him to come and finish the job. We still do not have water in the flat and one window is gaping and there is a big hole in one wall that needs plastering. i am afraid he is never going to come and finish up. what can we do?
Please contact me. bradley.watson@is.co.za.
Who warranties the perimeter walls ? i hear not the NHBRC. So i have a house build , which includes foundation , walls and a roof. it also includes perimeter walls , some of which join the house structure. i now have cracks in the perimeter walls , many actually , some so bad you can see daylight through them… but NHBRC say not their problem… sure it is their problem ??? thats like Audi or BMW saying that the factory installed tow bar or parking detection thats faulty is not their problem. Surely it is ??? or surely it is covered somewhere ? i cant see how this is now my problem to rectify when the issues started as early as 4-6 months after build , and are worse now , like a year later.
Good day
I bought a plot and plan through a developer and took occupation in December 2014. After a year I noticed that the grouting of some of the floor tiles was crumbling. After a year and about 3 months later I reported it to the building company and they have informed me that it is no longer covered by any of the guarantees and I would have to fix it myself at my cost. At the time only a few tiles were affected but now it is throughout the house. The tiles are all becoming loose and the grouting just crumbles. Any advice on what to do would be appreciated. When one buys a brand new house one certainly doesn’t expect to have to redo all the tiling in the house. This is bad workmanship and bad supervision.
Hi there.
We bought our house just over 12 months ago from a developer who is registered with the NHBRC. We have a leaking pipe inside one of the walls of our house. Who is liable for the cost of fixing the leak.
Thank you
Johan
I hired someone to build a wall around my house while I was gone for 3weeks. he promised to get it done in 2weeks. I paid him a deposit upfront, another when he finished the foundation as well as more money to buy bricks. When I got back home I found out he was never there and hadn’t started with anything. I tried call him several times and sent him emails and his never around when I go to his job. what can I do?
Hi, our builder has refused to continue building until we make another payment. In our last meeting with him both parties agreed that all outstanding work ALREADY paid for must first be completed.
He has failed to do this and removed all his worked from the project.
He has now consulted his legal representative requesting us for payment.
I don’t want to incur unnecessary cost on us but what are our right?
I am extending my bedroom and the garage,my plan has been approved by local authority and the engineer who helped me died before the building started.My builder organised another engineer when he comes for inspection I must pay thousand rand all in all its three thousand rands ,no receipts given to me.Please help me cos I was never told about paying this engineering
I’m afraid that I don’t think you have any rights now. You should have checked the plans at the time. Once you took ownership liability shifted to you.
Bought a house in Nov 2015.The seller was owner builder in 2000.Harvy tile roof is not according to approved plans,since the slope was 11 degrees and the plans asked for cromadek ibr roofing.The roof leaked like a sieve during the past rainy season.I had to replace the whole roof as well as the garage and carports roof to match the main roof.All 453 square meters of it!The seller now lives in Dubai.I think he built the house with an ABSA loan.What are my rights?Is there a possibillity to claim the full amount or a portion thereof?
Good morning my name is Xolani, I just recently bought a house. The developer has been paid, and I had made pre-arrangements with him that I would like to move in on the 16-04-2016 which he agreed upon, the thing is he still had “small touch ups” to complete. Which he had also promised will be over and done with by the day we had agreed apon, when I got to the house to my surprise most of the so called “small touch ups” weren’t complete yet, I called him and he showed up late told me that he was going to a funeral, but so guys where supposed to come complete everything, but they didn’t show up. When I called him he started getting rude with me and never called me back again. Please help on what should I do as I want to move in now it’s long overdue
I have purchased a property for rental and plan to undertake some renovations prior. Do I need to register it with the NHBRC even if the Contractor is registered with you?
Thank you, Navan, Germiston Gauteng
To whom it may concern. I would like to find out whether a builder that is registered with the NHBRC takes out like an insurance protection from the NHBRC against whom an owner can lodge a claim if a dispute has arisen between the builder and the owner.
If so what is the procedure that needs to be followed by the owner.
Many thanks
I am planning to have a Granny Annex Built by a registered local Builder. His quotation states that NHBRC levy is for my account. am I obliged to pay this levy? if so how is it calculated. I own the land for the intended site. The cost of the build is estimated at R800,00.
Hi, I’m Glenn. I need some advise.(1)On my plan from the Developer, is a boundary wall ,plaster and painted.Theirs an existing face brick wall ,now the developer don’t want to plaster and paint it.Can I ask for a refun for this wall on the plan.(2) My plot have rocks on it,the developer refuse to flatten it,now I have table mountain in my back yard. need some advise.(3) In his contract is gutters and down pipes. he don’t want to install gutters.what is my rights.
I have approval to build (plan)a house by municipality. I was not aware that I need to register so I continued with building at this stage the structure is more than 2mtrs high. The inspector came an instructed that I stop the building and register he told me that I will get a penalty charge of about R80 000 I’m so scared cos I don’t have such money and I’m building from my pocket as I don’t have funding from the bank. How can I deal with this situation?
Good day,
I have been trying to load the nhbrc website for days now and the only time the page did load it went to a gambling website, is there another means of registering?
Good day
I need assistance please.
The size of my yard -stand 1454 as per application and measurements is supposed to be 520 square meters and the actual house 82 square meters. However because of stand 1430 being an old house that was built before the development started, a portion of it is in my yard. Part of the portion in my yard is a swimming pool. I have addressed this with the developer from which I bought the property and they are not willing to handle this .I am frustrated because the portion in question is not a small portion which I can ignore.
A surveyor was appointed by the seller of 1430 and he confirmed that the demarcations of the 2 yards are incorrect. I have also been to the municipality town planning and they also confirmed this.
My question is: because the title deed (mine-1454) is reflecting the size to be 520 square meters which it isn’t. How do I go about resolving this?
I have attached the Arial view I got from the town planning.
Good Morning hope someone can assist.
My neighbour is building a dwelling, the builder dug trenches & caused the vibracrete boundary wall to shift the Inspector now insists that the wall be taken down & with this my property will be exposed. The builder never reinforced or checked where the pegs are be digging trenches.
Good day , my house was built by someone who is not registered . He did not complete it but it has roof . Now I have learnt that I need to have a builder’s certificate in order for me to be able to sell the house. If I get a registered builder to finish the house will he be able to issue me a certificate if the house was not started by him. Thanks
He is responsible for getting the enrolment certificate and it depends on your contract who is liable for these charges. I think it is common for builders to make their clients pay.
You need to contact the NHBRC for this information.
Your best bet is to go to the local authority and see if they can give you this info from plans. You will need the erf number. The only other place I am aware of is the deeds office. The title deed would give the history of the plot and building.
I am not aware of any training prospectus. We do give all the relevant info on this website though. If you want to purchase the National Building Regulations you will need to get them from the SABS.
Contact the NHBRC and report them!
Good day, I bought a plot and plan through a developer in 2014. Its a security complex in the western cape. I gave a substantial deposit at the end of December 2014. However due to sloppy work, I ask them to fix some snags and email other snags while visiting the premises. Up to today, they have completed some of the snags but are not entire finished yet. The construction company informed me that the workers will come this week to continue work.
I feel they are dragging the whole situation and it is only a two bedroomed semi detached house.
I need some information what to do from now, because I don’t understand the delay. I haven’s signed the happy letter, yet, just the hand over papers.
Thank you.
Kind regards
Joan Frank
Hi VC Downing, 10 years is a long time. Most warranties do not extend more than 5 years so I think your claim will be an insurance claim.
Hi Adam, As you can see our website is sans10400.co.za and is a private information service we offer the public and are not associated with any para-statal or state orgainsation. Please contact the NHBRC directly Phone: 011 317 000 or Toll Free: 080 020 0824
Good day
Looking for your training prospectus for 2016 w.r.t building regulations, standards etc.
Good day, As I could not either connect to your website (nhbrc.org) or find your E-mail address, therefore I use this space to describe my problem:
I have the roof (ceiling) insulation in my house which is cellulose kind of powder called Eco-Insulation. That insulation was installed by previous owner of the house and I don’t have any certificate or document which confirms that it is fire and smouldering resistant. Fire risk comprise down lighters and chimneys. My house insurer (Momentum) says that if house catches fire due to this insulation it will be treated as my negligence and no insurance compensation will be paid for damage. Therefore, I need some kind of certificate that this insulation conforms to SABS standards and is fire and smouldering resistant, and was installed properly, etc. My house insurer (Momentum) suggested that NHBRC could help me help me with obtaining such certificate by sending your inspector or otherwise. Please help me. My tel: Home (012) 807 2105, Cell: 083 2476288, Address: 42 Montery Place, 140 Griffiths Road, Equestria, 0184 (Pretoria).
Bought a loft in 2006 off plan. Has a history of water leaks from the main water piping to the separate lofts.
This month it has got worst. Major replacement of pipes inside and outside building
What are our rights.
Can we take the builder to task or is it an insurance claim.
Thanks.
Where can I find the year a building was constructed? Is there some kind of website or registry to search?
Please help.
Good day, I would like to inquire if Merit Build are registered at your Association, Owner Johan Pretorius, Business Registration No: 2012/011475/07
Hi. I want to build a house and have already identified the builder. I confirmed that he is in good standing with NHBRC. My bank requested that I should provide an “Enrolment Certificate”. The builder indicated that I am the one who must pay fees levied in respect of the said enrolment certificate. Is he correct?
In 2012 i have a new house was built from the scratch via a bank am paying bond my problem started @2013 the house started cracking around the house at the foundation area and on top of the doors and then spread all over i reported to the bank and they said i must speak to the person who built the house i spoke to him he always says he will come and fix it until now no one help me but am paying monthly this thing hurts me a lot and i recently speak to the builder and said this case is more than two years i can not get help whereas i spoke early about this please i need help my house won’t last even five years
How much must I pay If I want to register with NHBRC
I submitted a plan at local municipality en it’s approved, the building company registered at NHBRC, do I need to register also? If yes reason
We did alteration at our house with a company called Cretecon they are registered with the NHBRC. We lodge a complaint with them regarding paving work that they have done after 1 month of complaints fotos and site meeting they agreed to do the paving over after another week of waiting for the paving bricks to be delivered to our hose it was eventually delivered on 1 Dec 2015. The problem now is that only 20 squares was delivered we however have paid for in full for 80 squares. I did provide them with photos to show them what the paving looks like. After 8 phone calls and 2 messages the owner did not answer my calls nor my messages. I want to lodge a formal complaint now, seeing that I was giving them more than enough time to sort out the complaint. Can you please assist me with the right details to lodge a complaint?
Yes it is.
If you contact the NHBRC they will be able to tell you whether or not he has been suspended. Unfortunately we are not in a position to recommend anyone for a site inspection. You can ask the NHBRC for suggestions, or perhaps contact the Master Builders Association. They might have some ideas.
You can get it from the NHBRC – though this will depend on whether or not the house was enrolled with them … which legally it should’ve been. If you bought the house new, the builder or developer should have furnished you with a certificate.
Yes it is.
I bought a house in 2010 and I am selling it but the person who sell my property require the NHRBC CERTIFICATE. How will I get the certificate?
You’re right there … the NHBRC website is a total disaster! You could contact the Master Builders Association and ask for references. Double check with the builder you choose by asking to see proof that they are registered currently with the NHBRC. You could also go into your local NHBRC office.
Hi
We are in the process of buying a newly built house, the builder has provided us with the certificate on enrollment for the property but has taken almost 2 weeks to supply structural certificate we requested, he finally has and we would like to verify if it is legit as we have been advised he has been suspended by the NHBRC for his poor work ethics and a non compliance. We would preferably like to get someone independent to do the site inspections right from foundation up to roofing for us as we do not trust him.
If possible, is there anywhere you can refer us for help.
I have to wonder how this is a requirement and how they manage to actually do all this when their website is a disaster and they don’t answer their phones. I am being forced to find someone who is registered who I don’t know if I can trust just so FNB will pay for the work to be done. I have a builder and they are not registered but I would trust them over any of the other people who I don’t know. Any suggestions on how to find a registered builder without the assistance of the NHBRC?
But isn’t the warranty 5 years on the structure
No it is not the same thing at all. If you are building houses for a living via the company then you must register with the NHBRC – in terms with the law.
I am starting my construction company,and I want to comply with all legislation,is it neccessary to have NHBRC
certificate?
I own a company and its registered with the cidb. I need to know if I must register for nhbrc also or it is the same thing?
hi my name is percy how much does it cost to register for nhbrc?
Most people are building houses in locations and rural areas , I have never heard that the NHBRC has visited or stopped the builders there. Are you focusing only in towns and suburbs.
Why must one be forsed to take insurance even if he does not need it or he is having his own insurance .
My problem with expensive NHBRC is that it only covers consumer for 5 years what about the rest of the years
Hi Leon, You have to contact the NHBRC for registrations here: NHBRC
How do I register. I have started my own company and would like to be registered especially for building new houses
Hi Penny I just came accross your post saying there is no action due to time lapse – what is a reasonable trime period for a transaction and a claim thereafter – is this in law ore regulation or by court presedent? Thank you
Hi Johl, Just read our post about this here: https://sans10400.org.za/owner-builder-requirements-nhbrc/
Were and how do you apply for exemption as an owner builder
Hi….i cannot get into the their website. I want to write the test. And i want to know what i must study for the exam.
Hi,
I am a Construction Management student, let’s say I’m appointed as a Project Manager by the client to manage the design, procurement and the construction of a building. One morning I receive a frantic call from the client which notes her concern that the building is not registered with NHBRC as per Housing Protection Act, and fears non-compliance. What would my advice has to be to the client, what steps needs to be taken?
Thanks, hope you will be able to help
Hi Brett, The NHBRC is only involved with new houses and not additions and extensions so no problem there.
I’m wanting to purchase a piece of land, but my bank needs to get the NHBRC certificate. I’ve paid them for the certificate, but now they tell me that they need to check the stand that I have in fact not built on it, why is that? And how long does the inspection take?
I am adding a patio and extending some rooms in my house. The builder I am using is regeistered with the NHBRC, but has status expired, is this an issues?
good
Hi! I am in a processes of buying a house but the problem is after signing all the papers including the bank papers. The agent tell me that the house was already repossessed by the bank. and now they are waiting for the eviction order. I feel like counseling the deal is the right thing to do.
I bought a house and moved in January 2014. The house started leaking in February 2015. Do I still qualify for warranty
Hi
Is this, the periods, defined somewhere in an law act?
I have a 31year old house that had 2nd highest “non flood” rainfall in history and now the insurer says the floor sagged due to “poor workmanship”
Good morning,
We recently did some renovations in our kitchen (granite kitchen tops etc.). After the contractor left, we noticed some major and minor issues with the granite tops (some tops much narrower that rest and cut too short, basin installed very skew, a number of big chips on corners). To fix some of these issues properly, the contractor would have to replace some of the tops at his own cost, but he is flatly refusing to revisit his own work. We still have a portion of the agreed payment in hand, but would much rather prefer that the contractor fix the problems himself than having to redo the work at a high cost with another.
What are our options to ensure that the current contractor comes back to fix the problems? Is there a body that we can contact to report the bad service and to ensure that he is legally liable for the shoddy work?
Thanks,
Jaco
Good day,
I bought a newly built house in Feb 2014. I have now noticed the paint work on all the external walls of the house as well as the property border walls are substandard. The paint is peeling of the walls and the external walls of the house was painted without any undercoating. Is this the Builder’s responsibility to fix or mine?
Thanks
Good day Penny. What is your answer based on? Does the fact that the defect was not properly addressed the first time have no bearing on the poor initial workmanship? Do you represent the NHBRC?
Hi There
I have just sold a property in Sunninghill. The buyer wants the plans. I have been to council and there is no trace of the plans. I have also tried to find out who the developer was – but to no avail. Would it be possible that they may have registered with the NHBRC? Please help.
Tracey
Yours, unfortunately – because of the time lapse.
Hi
I purchased a flat in a new complex and ownership transferred in December 2010. At the end of 2011 a crack developed in the bathroom. The developer fixed it. In January 2015 we noticed that the crack was back in the same position. I have spoken to the managing agents and they have basically said that it is my responsibility to repair. The complex is only 3 years old and this is a recurring problem that the developer acknowledged and fixed previously. Is this in fact the developer’s responsibility to fix or mine? Thanks!
Gert this is a contractual issue. You need a lawyer.
Shireen I am not sure what certificate you are talking about. Certificate of completion? Do you have plans for the room? If not you will have to get a competent person to draw “as built” plans. I assume you would be able to get that person – or another builder – to inspect the property and issue whatever certificate it is you need – obviously for a fee.
Please contact the NHBRC
Aaron there are a number of laws and regulations you should have followed when you built your house. First and foremost you should have had plans approved by your local council. Secondly, your builder should have been registered with NHBRC unless you were an owner builder, in which case you should have applied for an exemption from the NHBRC. It’s the law and has absolutely nothing to do with advantages and disadvantages – unfortunately
Hi i ve just built myself a house in 2010 and now i want to sell it to relocate to another house in town and i am not registered with the nhbrc, is there any disadvantage without being registered and the other thing i want to know the advantage of registering with nhbrc.
thanks
Aaron
0721766978
Hi, a builder built a room on our property but did not produce a building certificate.They are now missing and I cannot find them.My property is being sold however a certificate is needed.I really did not know,what do I do?please help,thank you
Hi I want know if i register my company.the nhbrc will give me the certificate for building?.
Unfortunately we can’t help you Raj. The best is to get referrals from friends and colleagues and then check with the NHBRC to ensure the business is registered.
Hi I want to build a house in Jhb and I am really struggling to get a decent and a reliable builder that is registered with NHBRC and is also familiar with banking regulations. How can you help me pls.
You are breaking the law and the inspector has the right to stop you. You can not go and drive a car on the road without a licence and when the cops stop you say sorry I have not got the money to pay for lessons and the licence so do not stop me. If you continue they can get court order and demolish the house unless you negotiate a way to put this right. Maybe the NHBRC will let you get an exemption as an “owner builder” that does not cost any money. But because you went ahead without finding this out I am not sure if the NHBRC will now let you do this.
You need to contact the NHBRC directly and ask them, their number is 0800 200 824, or you can email them at thenhbrc@nhbrc.org.za or you can visit the website: nhbrc.org.za
You have broken the law already because the law requires all new houses to be registered with the NHBRC BEFORE building starts or as an owner builder you must apply for an exemption. The builder needs to be reported as he is operating illegally. I suggest that you come clean and approach the NHBRC and ask for leniency. The laws in South Africa apply to EVERYONE not only when you think it applies to you. This is exactly the reason that the laws were made to prevent houses being badly built and endangering peoples lives with below standard building methods. You broke the law now go and pay the fine!
You need to contact the NHBRC directly and ask them, their number is 0800 200 824, or you can email them at thenhbrc@nhbrc.org.za or you can visit the website: nhbrc.org.za
I need to register the nhbrc for my company
Hi,
I bought a vacant land two years ago and have just finished building a house. Can I still register this newly built even if my builder was not registered with NHBRC?
Thanks
nkl
You need to contact the NHBRC directly and ask them, their number is 0800 200 824, or you can email them at thenhbrc@nhbrc.org.za or you can visit the website: http://www.nhbrc.org.za/
What is it that i need to register
In 2008 you were within your 5 year warranty that the NHBRC covers you for. It is now 2014 and that is 6 years later. I am not sure if they will look at it so long after the initial claim. You should have finalised this back then. You must contact them and follow up. If you have a valid claim then you might have to send them a lawyers letter to get a response.
The NHBRC is your insurance for the next 5 years against any structural defects. Yes those costs are normal for all buyers.
Then I think you should go to the correct site to register: nhbrc.org.za
I wanna register
Good day, I did renovations to my house 1 year ago with Micmar Construction and is in dispute about the work done as I believe from the quote that he had to tile the 2 bathroom walls as weel and only tiled the floors. Who can I contact ?
Hi, my property was built in 2004 and registered with the NHBRC. In 2008, I have registered a claim with the NHBRC for structural damages. The claim was never effected and I was referred from pillar to post. Please advice if I can take this still up with the NHBRC and if they will still be able to deal with the claim.
Dear Penny, Just to know – As the purchaser of the newly built house by a developer, do I have to pay transfer and registration costs? Secondly, why am i paying the NHBRC levy fees?
Lebo
Hi,
I have bought a land and building a house out of my pocket using a private builder. I have started with the foundation and it is about to be completed. The inspector from NHBRC came to stop the construction.
The problem is that I don’t have the money to register my property with them. I am not going to sell this property in 10 years to come.
What rights do I have? If I continue with my building, what will they do, demolish the house or arrest me?
Hi!
I have just completed a basic course for Construction Masonry (Bricklaying) and I want to start building houses can I as a person register with NHBRC as a home builder or do I have to have a registered business for me to be able to do that, If I have to have a registered business can I be registered competent person in the same business or will I have to appoint someone though I am competent.
Thank you
Mtobeli we are not the NHBRC – you need to contact them directly. We cannot help you. If your builder is a member of the NHBRC they will be able to help you.
I need to lodge a complaint against your member who has done terrible job on my house and is not responding to my calls. What must I do? Should I go to court straight. His name is mzukisi siyepu.
Hi, We do not do registrations, you have to go to the NHBRC here is the link: http://www.nhbrc.org
I need to register the nhbrc for my company
Please contact the NHBRC Sethu.
Hallow
Please help!
How much i pay for first registration as a builder?
Charles I am not sure of the implications of a registered NHBRC builder building not-for-profit. I imagine the best would be for your father-in-law to apply for the exemption as an owner builder. You would then list the engineer as the competent person when you put in plans to council – and that way the NHBRC would not be involved at all. If you build without either enrolling the house through your registration with the NHBRC, or an exemption, the NHBRC can legally halt the building and fine you.
Karen unfortunately I don’t know what to suggest. I think you should take it further with the NHBRC. Is the developer still registered with them and why did they allow him, as a registered builder at the time, to get away with this? I think you may need the assistance of an attorney, because the NHBRC is the only body that can provide you with the certificate. The only other way would be to negotiate with the lender – because in any case the NHBRC warranty is only for 5 years – and that only covers major structural defects. Their other warranties (e.g. roof leakage which is only valid for one year after completion) are no irrelevant. So if you were to get an independent person to verify that there are no structural defects, then I don’t know why there would be a problem. Unfortunately the banks don’t seem to follow how/why the process works and dogmatically demand the paperwork, often long after the warranties have lapsed.
I bought a freehold cluster in 2010. The builder was registered with NHBRC but I was a cash buyer and the builder never paid funds across to the NHBRC. I spent 6 months fighting with thedeveloper who eventually paid the funds across but the NHBRC refuseto provide me with a certificate. I now need to sell the property but cannot because the purchasers lender is wanting the certificate……..i have no idea where to go with this because the NHBRC have told me there is nothing they can do.
Hi Penny
I am a registered NHBRC builder and would like to assist my father in law(owner builder) in building a house. We will have an engineer doing all inspections. The house will be build without any finance.
My question is
a: if it is compulsory to register this through the NHBRC or not?
b: do we have to apply for exemption?
c: if a competent registered engineer inspect and sign this building off and I have all risk insurance for any defects ect. why do we need to involve the NHBRC at all?
d: what can happen if we do not apply for NHBRC registration and continue with the building work
Kind Regards
Thank you Penny
Pulane,
1. You must by law either use an NHBRC-registered builder or apply to the NHBRC to owner build, in which case they will give you an exemption. No commercial builders are permitted to build houses unless they are registered.
2. Some banks refuse to give bonds if they don’t have NHBRC certification. However, as an owner builder, you would not be permitted (by law) to sell your house for at least five years. By this time all the NHBRC warranties would have lapsed, so I don’t understand why they would refuse – other than in ignorance. But it does happen.
3. Yes the NHBRC does issue a certificate of completion, or something similar.
Question 1: If you are going to build a house without assistance from the bank, is it still compulsory to register you house with NHBRC even though you have an nhbrc registered builder?
Question 2: If you dont register the house would you be able to sell your house through the bank bond process at a later stage.
Question3: does NHBRC give you any certification after the building process is complete?
You need to contact the NHBRC.
want to register above mentioned company in the NHBRC Council to trade in building work
Refiloe unfortunately there is nothing that we can do to help. Contact the NHBRC and see if he is registered – and report him to them. I have given you a link to their website, there are contact details there that you can use to phone.
Michelle we are not the NHBRC – I suggest you contact them. I also suggest you phone them and don’t expect them to phone you.
We have nothing to do with NHBRC registration. Here is a link to their website. Their contact details are on the site, and there are also instructions of what you need to do to register.
Please help me with registering nhbrc
Subject:
Developer Snag List
Message:
Good day
I moved into my house on 29 June 2013 and my snag list is still not seen to. Today 14 May 2014 i still have rain water running into my garage upon rainy days due to the garage floor not properly agled and
everythinh on the flour is soaking wet, i have a crack in my passage wall, not a hairline crack that gets worse as time goes by and not forgetting the minucipality electrical box which has no lable indications on which switch is the geyser , lights etc. I have been in communication with the developer and they have been to my house for notes on the snaglist, but no action has taken place, I had it with walking through puddles of water during winter in order to get into my car in the garage. Please contact me as to where i go from here.
Subject:
Property Developer refuses to fix defects identified before
registration
Message:
Good Day,
I am desperate for some intervention and assistance. I bought a sectional title townhouse from a developer. Before the property was even registered on my name, i identified one defect and the 2nd one
during the first week of occupation as stipulated in the agreement.
He refuses to fix them and says the Body Corporate must fix them. The Body Corporate insists that they will never do it and he must do it.
Please help, I don’t have money for an attorney.
I would really appreciate your help.
Sincerely,
Refiloe Rasetlola
Sindy unfortunately I cannot help you. Apart from the fact that I live in the Western Cape, we do not have the infrastructure to make this type of recommendation.
Liezel you need to access the title deeds and the surveyor general’s drawing. If there is doubt, you will need to hire a land surveyor to re-peg the property according to the drawing.
Clinton, pergolas are regarded as minor building work.
Hi i wish to know that how do i check if the property developer is registered with you?
HI we build our house in 2005. It is complex consisting of 48 houses. We had a problem regarding our erf size who can assist with something like this to determine the size of our erf.
Hi Penny
I am trying to help a displaced mother and child by helping buy a piece of land or a stand to build.
I have read to many horrific stories of unscrupulous agents selling land that does not belong to them. Would you have any contacts for me around the greater Johannesburg areas. Unfortunately the department of housing and the Joburg city council websites are not so helpful.
Regards.
Jo Ann all new houses (to be built) must be enrolled and it is the responsibility of the builder – who MUST be registered with the NHBRC to be able to build legally – to pay the enrollment fee. In reality most builders either recoup this fee from the client, or they build it into the contract price. If you are owner building – i.e. not employing a contractor to build for you – you can apply to the NHBRC for an exemption from enrollment. Unfortunately the banks make this difficult for many people, insisting on an NHBRC certificate for their own protection via the NHBRC warranty scheme.
Is it an obligation for every house to enrol at the nhbrc? who must pay the enrolment fees? the owner of the house or the homebuilder?
Linda you will need a competent person to draw plans for you and a builder who is registered with the NHBRC to build it for you. If you want basic information that shows how to go about this, buy a copy of my book Owner Building in South Africa.
You can hold the builder liable Robert – which he clearly is – but it will mean lawyers and probably a court case. The mortar should have been cleaned as the bricklayers were working, or at very least at the end of each day. In terms of Corobrik, you need to talk to a technical person in a senior position. There may be some type of chemical that will help. But I have to agree that it is extremely unlikely that you will get it off if it has been left for any length of time.
NHBRC should be taking all forms of shoddy workmanship into consideration, particularly since there are structural defects. I do realize that their warranty won’t cover that though.
Subject:
Ideas
Message:
I have build new Home with Facebrick. Builder messed up my Corobrick Firelight Travertine brick with mortar and I am told I will just not get this off. We have tried! Corobrick has no idea either.
I build like this for low maintenance… It seems I am now forced to plaster my complete house. Have you got any ideas of what can be done as alternatives, it is a huge house? NHBRC is involved as I have structure problem too and they only look after structure defects and no other mistakes from my builder. I am lost, spend huge money and seems like contractors get away with their poor workmanship. I welcome any ideas.
Subject:
nhbrc approved building
Message:
hi
my name is Linda, i am about to build a boarding house for school children in one of the kzn villages. i would like to make sure that it is safe, legal and NBR(SA) approved. please let me know how do i go by doing this starting from a correct foundation, wall, roof etc.
regards
Linda
Dennis it is clearly specified on the NHBRC web site. Specifically, “Complaints and conciliation
The complaint procedure aims to resolve disputes between housing consumers and builders by ensuring that builders meet their obligations. The NHBRC deals with three types of complaints:
1. Three month non-compliance period
Complaints relating to minor structural defect identified within three months of occupation of the home.
2. One year roof leak period
Complaints relating to roof leaks identified within one year of occupation of the home.
3. Five-year major structural defects period
Complaints relating to major structural defect identified within five years of occupation of the home.”
Hi
How long after a house was built can you still claim for poor workmanship when it shows
Thanks
MJ owner builders do not need to register with the NHBRC, the have to get an exemption from registration. So possibly, since you are completely the house, you could get the exemption if he didn’t already. Perhaps call and find out if it is a possibility first otherwise they may decide to lumber you with a fine for not getting the exemption prior to the start of the build (i.e. they may hold you responsible even though you have just bought the property). Technically the only reason a bank would need the NHBRC certificate would be to ensure it was built correctly and to ensure you are covered by the warranties. Since the longest warranties – leaking roofs & substandard construction – are for five years, I don’t see why they would need to demand an NHBRC certificate after this period of time – because by then it isn’t worth the paper it is written on. And by then problems with the house would already be evident. Yet it seems that some banks want it just because it is part of the specified paperwork.
I am not sure what you mean by “have the house certified” – by whom? The NHBRC isn’t going to give you a certificate of completion (or any sort) unless you are a registered builder. Hope this helps.
Emely the person who draws plans and who then deals with the municipality needs to be a “competent person”. That person should know whether what has been drawn requires the approval of your neighbours. Usually it is because the house is planned to close to a boundary. If this is the case, perhaps it is an error, and this may be why the plans are taking so long to get passed. It should not take this long.
Callie this is always a tough one and it happens all the time. You can take legal action either via a lawyer or small claims court. Or you can check with the MBA to see if he is a registered builder; he doesn’t have to be by law, but if he is they might take action against him. Legally all builders must be registered with the NHBRC. If he isn’t, report him. They won’t get involved because they only worry about new houses, but they may take action against him. You could also report him via Hellopeter. Unfortunately this isn’t going to help your mother get the bad workmanship fixed. But frankly if he has done such sloppy work, rather get someone else in. We had a similar situation some years ago when a “friend” built a house for us. Shoddy wasn’t the word – it was appalling workmanship. We called in someone to arbitrate, and he made a feeble effort to fix things, but it was still shocking and we lost a lot of money.
I think the only thing you can do is sue him. You can also check with the NHBRC to see if he is a registered builder, and if not draw their attention to the fact that he is working as a builder via their fraud line. Unfortunately you will not be covered by the NHBRC warranty scheme because it is an alteration – but he is not permitted to do building work if he is not registered with the NHBRC. If he is registered, you can report him to the NHBRC for shoddy workmanship.
I have a case off damn sloppy building and im looking for anyone to help me regarding this matter.
My Mother had some renovations made to her house and now its leaking water all over also causing damage to walls.
The builder in question is full or stories re this matter and now want to charge my Mother to fix his sloppy work. Its now over a year and its still a mess in her house.
Please contact me with help or who to contact ?
Callie Kruger – kruger91@gmail.com
The NHBRC will assist with certain elements as listed below. The main thing to be aware of are the time constraints – e.g. you are out of time for disputes that relate to minor defects. However the leaks could be due to major structural issues.
I suggest you contact the NHBRC as a matter of urgency and ask for their assistance. It seems to me that he has played along with you for the three month period I have mentioned, so that if there are minor issues he will not longer have to deal with the NHBRC on this matter. So if you want to take action against him regarding anything that the NHBRC now won’t get involved with, you will have to take some form of legal action.
The information below is from the NHBRC website
Complaints and conciliation
The complaint procedure aims to resolve disputes between housing consumers and builders by ensuring that builders meet their obligations. The NHBRC deals with three types of complaints:
1. Three month non-compliance period
Complaints relating to minor structural defect identified within three months of occupation of the home.
2. One year roof leak period
Complaints relating to roof leaks identified within one year of occupation of the home.
3. Five-year major structural defects period
Complaints relating to major structural defect identified within five years of occupation of the home.
Teena, From what I can see, this is what the NHBRC requires if the house is to be bonded:
“For home under mortgage the following documents are required:
• EF003 (Enrolment form)
• B3 (Proof of site classification certificate)
• Bank Financial Guarantee – Enrolment Fees
• The home builder’s contract and land agreement, or a schedule of pricing extracted from the contract, which accurately reflects the total selling price.”
It says nothing about plans.
And yes it is true that you cannot have plans approved unless your own the land.
Hope that helps.
Jabu if you want the NHBRC to assist you you need to contact them. We have nothing to do with the NHBRC.
John this is not a building regulations issue. Essentially, if this man is not doing the work you paid a deposit for nearly a year ago, it’s theft, fraud … whatever you want to label it. Go to a lawyer and take legal action to get your money back. Alternatively go the Small Claims Court route.
Hannes I echo your sentiments. Unfortunately I don’t have access to the NHBRC files though.
Hi Penny
Refer your response to Louise above.
I do not believe that the NHBRC is concerned about sub-standard workmanship.
Please open my complaint file reference 1-72512031 and see for yourself what I mean
Regards
On 22 June 2013 we paid an deposit of R6000.00 to “NORTH WEST HOME IMPROVEMENTS” to remove and replace galvanized gutters and face boards. After many excuses to to why the work can’t be done with Des ..the owner of North West we finally got him to return R3000.00 of the deposit. He promised in December 2013 that he would do this work in January of 2014. We are still waiting .
I fear that North West builders is a con..quoting for work, taking deposits and then just disappearing.
How do we get him to pay our deposit back. Des the owner of North West building supplies was contacted today. He is abusive and foul mouthed and has no answer except to start swearing at me. How do I deal with this contractor ?? Please help
i bought a house in 2012 and i moved in 15 December 2012 and last year i decided to put tills in the bathroom and toilets which are separate from one another and i ask the person who was employed by Nguni properties specifically specializing in putting the bather and tilling. the bath is leaking since from beginning of February and i called the Urgent to come and see and correct the wrongs but nothing was done the so called plumber made assumption that the problem had to do with the tilling and i called a guy called Oupa and while the tilling person was with me and i after i tiold him that it was lucky and he then said to me he will called the Plumber to come and work on it till to date. lastly i phone on wednesday calling Madelein Greeff which i send her an e-mail and promised that she will come back to me since they were meeting the builders and i waited and yesterday (13/3/2014) i called her and she said that i have to fix it myself and the builders said that has got nothhing to do with them and i ask for the report from the builder so that i can take it forth with you and the follows e-mail that i have send to Greeff. i am confused and yesterday i called a registered plumber to cmoe and check and fix and i am hoping to submit the record from the plumber who is registered and send the details togerther with the e-mail that i have send to Greeff with the report from the builders. i hope NHBCR will assist in this mess and is almost a month now.
regards
Jabu Nkosi
Elandspoort
Morning, I know this question isn’t specific to building regulations but you guys seem to know stuff.
Do you know if the NHBRC require approved plans to enrol a new build ? I have been through their website as well as a few others and can’t seem to get a definitive answer.
I seem to be in a catch 22 situation. I have an approved building loan including cost of the land but the bank wants the NHBRC enrolment certificate before allowing transfer and bond registration. The builder is needing the plans for the NHBRC enrolment. I cannot get the plans approved by the council until the land is transfered into my name. (Is this true ?)
Hope you have some insight.
Good day,
We’ve moved into our newly built house 20Nov 2013. The builder is registered at NHBRC and fees were paid. Till mid-Dec the builder was still fixing /finishes things in our home while we were living there. This has caused bad vibes between us and the builder due to the stress of us moving into our home and still having to deal with the building mess, their unnecessary mistakes and invasion of privacy. On that stage we were not exactly on friendly speaking terms anymore, just staying professional, focusing on getting the jobs done.
Early Dec we’ve pointed out a water leakage in a exterior/interior wall along with other outstanding issues, eg missing rooftiles/broken rooftiles due to his electrical contractor, missing nuts on our patio’s rooftrusses. In response and due to silly-season they’ve opened up the leakage pipe to fix all in Jan 2014. We’ve noticed slight ceiling marks and paint bubbles on the interior wall over Dec.
Around 2nd week of Jan 2014 they came to open the wall(outside) and replaced the pipe and waterproof the lintol type roof. No other work done in Jan. On 30 Jan Ive resend the outstanding list via email. Received both a delivery and read notification. No reply from the builder.
Later in Feb they come to plaster the hole in the wall. We’ve noticed that the plaster around were the pipe is, kept looking wet. We’ve believed it was due to the ongoing rain in Gauteng the last few weeks. On Thursay 27Feb they came the paint the wall. Monday 3March we’ve noticed bubbles on the newly painted outside wall in line with the area of the pipe.
Thursday 6March I’ve resent the outstanding list to the builder & his admin lady via email reporting the paint bubbles too and attaching photos of the paint bubbles. I’ve received a delivery as well as a read notification from both. No reply received.
Tonight 9March we’ve noticed the interior bedroomwall’s bubbles look worse and the ceiling has a dark mouldy area. Will inform the builder tomorrow. Note that we’ve received a lot of rain the last few weeks.
Please let me know if the NHBRC will assist us with this issue and what our rights are? I want to follow the correct way and want to know if we should inform the builder(and when) of our plans to take further steps due to him not responding to our emails and taking too long to fix the issues reported. Even though he did attempt to fix the leakage but it did seem to be fixed. But no other items fixed since reported 30Jan(non urgent). In the past during the building process, the builder rarely respond to our mails, but silently fixed the items in time along while building at our house. But since he is not actively building at our house now, we dont know if he will fix it or if we’re low priority.
I want to be fair and reasonable, but I fear that the water damage will become a bigger issue if we delay any action towards it.
Your assistance will be much appreciated!
Kind regards
Hi Penny
I had a building contractor doing some alterations to my house and also build a new entertainment area. The cost of the project is close to R500,000.00. After every rainfal there are litteraly swimmingpools of water, to be more exact at 3 places coming from the new roof that was installed. Out of desperation I had contractors specialising in roof constuctions there and both of them informed me that the design of the roof is totally wrong. The contractor that did the work will not claim responsibility to properly rectify the roof. Any suggestions from your side will be welcome
Regards
Gawie Venter
Hi,
I have found someone to draw a plan for me and he is registered. but now at the municipality they say the plan needs to go to legal to get authorised,we went there n the legal department said they do not get involved in house plans for authorisation. then sent us to another place,when we got there they gave us 2 forms that needs neighbors signature. can u pls kindly advice and how long does a house plan take in order to pass.the file has been open since from last year August till now. please advice what can be done to make the process quick.
Thanks
Emely
Hi Penny,
I am considering purchasing a house that was built by the owner. He unfortunately passed away before completion of the project. The house is however virtually complete. Before his passing, however, the owner-builder did not register with the NHBRC. As such I am unable to obtain a bond to purchase this house. My question is if I purchase this house and then one day decide to sell it, will the purchaser be able to obtain a bond? Does financing become available after a certain period of time or will I be required to have the house certified mysef?
Regards
MJ
Wilson have a look at the text books published for the FET college – specifically Masonry. You could also look at the curriculum set by the Department of Education and use this as a guideline.
There is also a very useful little book that was produced by the Brick Development Association (I am not sure if they even exist any more, but the book is definitely still available) called Bricklaying is Easy. It was written by Frik Kraukamp as a set book for the then National Technical Certificate Part 5. You could use this as a set book perhaps.
Hi Penny, pls assist. I would like to open a training centre more focusing on construction (bricklaying), do you have an idea how I can develop curriculum? I have done lots of work on planning but formulating a syllabus has been really daunting. Does NHBRC has some standards to comply to? Regards. Wilson.
Ok thank you Penny
Louise, this is not the kind of dispute that the NHBRC will get involved in. They are more concerned about sub-standard workmanship. They do have a database of registered builders that you can search on their web site – I have given you the link (though right now the site is down.) If you can’t find it, then phone them to check if he is registered. If he is not, then he is building fraudulently. I certainly would not pay the final “final” amount he is claiming from you.
Hi I am having an issue with my builder, on the 11. Feb .2014 he send me an ammentment quote number11 and said final payment due : I paid the final payment Due on the 12. Febuary 2014 and still put in the heading Final payment made.
He has now come back on the 27.02.2014 after I asked him if he has finished on site as the tilers is done, to say that he forgot to add on some stuff to the final quote.
I am refussing to pay him the R1020, as that is not my problem. Can I bring this to the attention of the NHBRC as he has become a nightmare with all the quote changes and the project went from R 390,000 to R480,000 due to A LOT of errors on his site with the first quote, I have let him get away with enough as far as everything else and told him to just get out.
How can I investigate his loyalty with the NHBRC as he claims he is registed.
Regards
Ramasodi, If there is a copy of the certificate in the file you should be able to get a copy of it.
i need a solution in the matter between myself and someone whom i bought plot from and he says he lost the NHBRC certificate and i want to built as of now, and he also dont want to do affidavit.what can be the solution because the copy of the certificate is in the file.
Hi Mbuyiseli, We are not the NHBRC so we do not keep a database or do registrations, you must contact them directly call: 0800 200 824
Hi Vuyo, Have a look at our NHBRC page “national-home-builders-registration-council” There is a link at the bottom of the page to the NHBRC, I suggest you contact them to find out if you have the qualifications to be registered.
Subject:
registration
Message:
Who gets to register with nhbrc? What are the requirements and or qualifications? I am interested to register as a home builder.
Subject:
data base application form
Message:
please send me a registration form for data base. I unable to find same in your web, alternatively , kindly advise how I can download it.
thanks
YEP, I JUST LOVE NHBRC
Hi Adam, You can call the NHBRC at this number 0860 200 824 and ask them. Or you can call the Master Builders 011 205 9000 or go to the website: http://www.mbsa.org.za/
Hi Damian, It depends on the size of your property, if it is up to 650sq m then you may with council approval and neighbours consent build on side boundaries. Lateral (side) boundary walls are only allowed to be 1.8m. All municipalities are different so call yours and check.
H Emanuel, you can go to this URL: http://www.nhbrc.org/index.php/verify-builder or go the Master Builders here: http://www.mbsa.org.za/Members/corporate.html
Hi April, You must contact the NHBRC on this number here: Toll Free 0800 200 824. They do registrations and can tell you the cost. The website is: http://www.nhbrc.org/
Hi Dawood, you have to contact the NHBRC directly on this number here: Toll Free 0800 200 824 or go online to: http://www.nhbrc.org/
Hi Gerald, I think you are looking to register with the NHBRC. Contact the NHBRC on this number here: Toll Free 0800 200 824
Hi Felani,You need to contact the NHBRC and find out if the house was registered with them, the website is http://www.nhbrc.org/ They have a claims procedure when it comes to new houses that are registered with them. You can also call the tollfree number 0800 200 824
Subject:
building on property boundary
Message:
Good day
I would just like to know if it is legal to build any structure on a property boundary ? my neighbour have take down the boundary wall and built a structure directly on the boundary without any notification
whatsoever. The wall exceeds a height of 2.1m. Is this structure legal or can i get a build inspector to take it down?
Subject:
Want to register
Message:
How do I go about registering.
Subject:
enquiry about company regisatration
Message:
HI
cAN YOU GIVE me information as to how can I register bwith the NHBRC.
PLEASE RESPOND TO ME ASP.
kind regards
Dawood Abdulaziz Tolo
Subject:
Building Company
Message:
Morning,
I am requiring for a Company that is registered with NHBRC to build my house. Thanks.
I just want to find out about the registration process and how much does it cost to register my
construction company
How can i get the contact details (email addresses) of the listed contractor on NHBRC?
Hi Tsotetsi, contact the NHBRC on this number here: Toll Free 0800 200 824
i will lake your office to visit us her in Tweeling-Mafahlaneng so that we can have full information about NHBRC.
Hi, i need to know the role of NHBRC with regards to having bought a house and relialise when taking occupation that there are too many defects with regards to plumbing and electricity installations and the owner does not want to fix or pay for them to be fixed. Its a new house never occupied before hence the defects started to show when taking occupation after connecting the two utilities.
Keobakile, it doesn’t play any role at all. It is simply their to try and protect consumers from shoddy building. This link will explain, briefly, what the organisation is all about.
please help me understand the role of nhrbc in the implementation of skill transfer on subsidy housing projects?
There is no NHBRC standard – and I don’t think they do an assessment per room.
What is the cost per room as according to the nhbrc standard?
Donovan you need to talk to a business consultant. This is out of our area of expertise.
Contact the NHBRC in the new year and they will explain the procedure to you.
Please contact the NHBRC directly.
Hi Mather, You need to go to the “NHBRC Verify Builder” page here: verify-builder I did have a quick look for you but could not find the name registered. Sometimes builders use other builders registration details. Phone the NHBRC and ask 0800 200 824
Subject:
NEW TAYDON CONSTRUCTION
Message:
Greetings,
Kindly confirm if this company is approved by your standards.
Subject:
registration enquiry
Message:
Good day
I have a new company that will in future deal with the construction
work. i need to know the procedure to follow when registering it with
the NHBRC, which documents to be submited for registration and the
fees for registration. on the website i see the are catergories, so i
will like to know if the company registration will be including all
the catergories listed or the registration will be based on the
choices that the company will offer.
Subject:
Nhbrc reg
Message:
How do I register for a nhbrc certificate
Llyod they have a search function on their website. You can search by the builder name – I have given you the link. You can also phone them to find out.
Hi there,
How can I find out if a builder is registered with NHBRC?
Regards,
Lloyd
Hi Harry, the way to register with the NHBRC is to contact them on this toll-free number: 0800 200 824 or go to their website here: nhbrc.org.za
Can you please send me the link for registering nhbrc certificate online
Hi Thandiwe, the way to register with the NHBRC is to contact them on this toll-free number: 0800 200 824 or go to their website here: nhbrc.org.za
how can register for nhbr certificate
Good day there is no use to register except for finance means only as there is no legal recorse against a builder doing any bad work.
Please contact the NHBRC.
Please contact the NHBRC directly.
Message:
Hi,
what is the procedure for getting the NHBRC Certificate?
Regards
Tebogo
Subject:
qoutation
Message:
hi,
please qoute me on BUILDERS MANUAL PART 1 AND 2 AND PART 3.
Sabelo you need to contact the NHBRC. We are not connected to them in any way!
I need to register and get Certificate for NHBRC as soon as possible.
Ganyani you need to contact the NSPI directly. Here is a link to their tel numbers
You need to contact the NHBRC
HI JUST WANT TO KNOW HOW DO YOU REGISTER YOUR COMPANY, AND IF SO DO YOU HAVE TO PAY A FEE? THANKS
HOW DO YOU APPLY TO REGISTER YOUR COMPANY. DO WE NEED TO PAY ANYTHING TO REGISTER. THANKS
You would need to register with SACAP. Here is a link to their website that might be helpful.
Geraldine you need to contact the NHBRC. Here’s a link to their Contact Us page on their website.
Shaheed you need to contact the SABS. I have to say I am shocked that a building control officer doesn’t have these documents!
Are you talking about the NHBRC Trevor? I have given you a link to their Contact Us page.
Hi Trevor,
I think that you are looking for the NHBRC and you can find all their contact details on their website here: NHBRC
Godwin I think you probably mean with the NHBRC. We don’t have a registration process for building.
Marina they are not free. You can purchase them from the NHBRC.
Mr Els the only place you can get the current NBR is from the SABS. You can download the old SANS 10400: 1990 from this site, but they have changed sometimes quite dramatically. The amendments you talk of are amendments to The Building Regulations and Standards Act. SANS 10400 contain guidance on how the law may be satisfied (i.e. the deemed-to-satisfy regulations).
Subject:
Home building manual Parts 1&2 and 3
Message:
Can you please tell me how to do a free download of the manuals – see subject?
Hi
How do I get a complete NBR? Is it available online, or is it
available for purchase? It seems I can only find the amendments on
this site.
Thanx much.
N. Els
Need to know on the procedures to register with you?
may you please give your address and tell number for me to come and regester
im the building control officer for Ndlambe Municipality and we need a quote to buy the new sans 10400
Good morning, our NHBRC Certificate will expire on the 10 October 2103, please advise how we go about re-newing it. We have also moved from Ballito and now live in Hilton just passed Pietermaritzburg. Are you able to post us the re-newal or do we need to fetch from Durban.
Thank you Geraldine
hi
im a civil engineering graduate at a FET College id love to have my building design company but I don’t know which steps to follow ,and where do I register to be a building designer
Good day
I would like to start my own construction company, but I am not sure what legal certifications i should have etc. Please can you let me know if their are any such requirements etc
Hi Penny,
Thank you very much for your reply and advice on how to handle this situation. We will inform him in writing first and will see how it goes. Due date is roughly 2weeks from now. And if he refuses, we will proceed as suggested. Much appreciated.
Mini – the National Building Regulations govern shoddy workmanship that is structural rather than decorative/aesthetic. And unfortunately the workmanship – in terms of aesthetics – offered by a large number of contractors is terrible. While it is certainly not the norm to plaster prior to inserting water pipes, it is very common to find plastering is done prior to electric conduits and cables being inserted in walls. The electrician then “chases” the wall and the plasterer comes back and patches it. The trouble is that it always shows! But as consumers we allow builders to get away with it because we generally don’t know any better.
In terms of paint dripping; again this is not something that is governed by regulations, but rather by acceptable standards of workmanship. However, it is totally unacceptable to say that because the NBR don’t set a standard that it is okay. e.g. It is NOT okay to drip, mess and leave splatters of paint (for example) on glass windows or frames.
BTW I don’t believe that choosing smooth plaster should be viewed as a mistake – apart from anything else it is as difficult to match a slightly uneven finish that has been chased.
At the end of the day you are the customer, and if you are not satisfied with the finish, don’t pay for it. My suggestion is to put your builder to terms in writing and state that the finish is unacceptable, and unless he is able to ensure a smooth surface that does not highlight imperfections and chased areas, you will be forced to bring in a second person to rectify his shoddy work. Fortunately paintwork is fairly easy to sort. If the plasterwork isn’t acceptable – you can suggest that the builder brings in ceiling contractors who are skilled at skimming with cretestone (commonly used to smooth ceiling board). This will give you a lovely smooth finish to your walls!
I must warn, however, that you might end up having to go to arbitration, but if what you are describing is accurate, then I think an arbitrator would be likely to “judge” in your favour.
Keep the upper hand by with-holding money until you are happy. And let your builder call in an arbitrator if he wishes… then he will have to pay for it.
Hi,
We’re in the process of building our home. And we feel that the builder is rushing the steps. (e.g. Start with the plastering before waterpipes are inserted). We also have to constantly do the quality assurance (skew walls / door frames). Each time he responded and correct those upon our request. BUT the problem now is that the plaster is damaged at certain places, and although they’ve fixed up the holes, you can still see the cut-marks. One of them being a +-2mx40cm “roughly square” shaped plaster mark where they’ve fixed up a cut to insert a waterpipe over a +-2m vertical line into the plaster. I just want to know what our rights are? We have informed the builder about this, but he said he will have to check, but some plaster marks are acceptable according to building standards.
How much deviation/marks in the plaster is allowed(Inside & outside)? (We’ve chosen smooth plaster, which I now think was a mistake, because it shows all the imperfections).
How much deviation in paint is allowed? E.g. Dripping paint that has dried on the survace?
Thank you
Sven, First of all it is the builder who is required to pay the NHBRC and not you! I presume he would have physically paid it to the NHBRC. Check with them and see if there is anything they can do to help!
Hi Penny
We paid the NHBRC R34k in 2008. Our contract price was a lot higher than the actual price and we have overpaid by more than R10k. To whom do I address this?
Best regards,
Sven
Eugene it is the building contractor who is obliged to pay subscriptions and fees to the NHBRC and not you. I would appreciate it if you could give me more information about this as I am currently researching the NHBRC. I will forward my email address to you privately.
When we built our home we had endless problems with the building contractor and everything was done legally and the correct procedures followed. The NHBRC was of no assistance and had to follow expensive legal procedures, in the end we were awarded damages and the option to counter claim. My point is, why are we forced to pay subscriptions and/or fees to the NHBRC if they do not do what they claim they are there for?
Erika electrics are not covered by the National Building Regulations. I am not sure what law covers this, but I would imagine it is a bylaw – so contact the local authority and ask,
Please help with details on “current Electrical certificate of compliance” iro with Law & building regulation requirements.
Clients are asked to provide a certificate every 2 years for insurance purposes.
Bonnie, The building regulations don’t go into that kind of detail, though they do state that building should comply with the relevance SANS 10400 as well as the NHBRC handbooks. And a competent person (trained, qualified and registered) is required to draw up plans, have them approved, and be in charge of the build. It is certainly good building practice to raise the height of a door above the floor to prevent rain penetration. And the regs do say the rain penetration must be avoided.
Gilbert we are not the NHBRC. Contact them to find out.
i want to know the requirement of registration if im from Zimbabwe
Hi, we recently had water come into our house through the sliding door with the bad storms in Cape Town. Our insurer says that our case is not storm damage but a building fault as the sliding door should be placed 150mm above the balcony floor. Please could you let me know if this is a standard building regulation?
Hi Busi,
If the bill is in the developers name then they are responsible for the bill not you. The cost of the construction of the development must include the water usage costs. No way can this be passed on to the body corporate or the individual buyers of the properties at a later stage. You must surely have your own water account when you moved in? You cannot be held liable for someone else’s water bill unless you signed surety for the developer, which I am sure that you did not do. You are under no obligation to pay his account. The municipality must claim from the developer.
Hi
I stay in a newly built complex. There’s a massive water bill that just come and we are told by the Managing Agent that we need to pay it. Are the new owners liable to pay this bill, or is it the developer that should? The bill is in the developer’s name and not that of the Body Corporate. Please clarify.
Pierre I presume you mean the NHBRC handbooks. If so, you will need to get them from the NHBRC. Their contact details are on their website.
Good day Penny
Please advise what are the 2 books to purchase iro all building related matter (physical building guidelines) that one can thereafter do a written examination to get basic certification.
Thanks
Contact the NHBRC. Their contact details are on their web site, and they will tell you exactly what they need from you.
Enrique I haven’t had a chance to complete this investigation, but will do asap Sorry about that.
Maria, cost per square metre is a thumbsuck figure that some builders and building professional use. I suggest you ask someone working in the Cape St. Francis area. However this is not an accurate way to assess what it will actually cost you to build. You need to do proper quantification and costing based on all elements from size and shape to the materials you will be using. e.g. I square house built using hollow blocks that has a corrugated iron roof will cost substantially less than a rectangular house that is built using clay face bricks and has a tiled roof.
How do i register as a builder with NHBRC
Hi Penny.
Do you know what it is average cost per square meter in Cape St Francis to build a home.
Hi Penny,
Can you send me the link please?
Mpho this story sounds odd. If you are having a house built, how on earth can you not know what the status of the building is? Are you in another part of the country? I certainly wouldn’t not be checking up on the way the building was progressing if I was having a house built.
The fact that you say the builder is using the house as a show house and that there are serious problems is also a bit odd. Why would he use it as a show house if it was substandard? If this is true you can take legal action against him.
The bank will only sell the house if they repossess it – and then you will lose a lot of money.
Passy, I probably need to hear both sides of this story to be able to comment. The golden rule is DO NOT PAY UNTIL YOU ARE HAPPY THE JOB IS COMPLETE TO YOUR SATISFACTION. Probably all you can do now is institute a civil claim. That means you will need to consult an attorney. Perhaps a letter from an attorney will get her back on site, and then you might need to employ an arbitrator to decide what actually needs to be done. It’s going to cost you money either way, so assess costs first. It may be cheaper to fix the defects yourself.
HelloPeter is a way to make other people aware of bad service. Just be sure you don’t level unfair criticism.
JC are you kidding me? With all due respect that is a really stupid question. No you can’t.
Hi Penny
can i build houses on some one else NHBRC certificate,with out informing the NHBRC for there relevant inspections
Hi Penny, I would need advice on some dispute I am having with my renovators called MEG Interiors. MEG Interiors has done a renovation at my house, we have been picking defects in some sections of the house and she refuses to come back to have a look because we have been going back and forth with discrepancies we have been picking. What do I do as I have already finished her payment?
Hi Penny
I need Help. I took a bond on a house in 2011 for the developer to build a house for me. He built the house complete and did not inform me when the house was finished.
Now, I am sitting with the situation where the bank requires me to start paying the bond and when I located the builder He told me that He has been waiting for me but I dont know for what? Is it not the builder’s responsibility to inform the client when the house is finished?
This has now put me in an awkward position where in the meantime, I made other commitments, paying university fees and so forth.
To my surprise when I went to view the house I was very dissappointed and upset.
I found out that he’s been using the house as his show house
He did not really finish the house properly on the inside, there is no taps on the basins, The built in cupboards are no longer in a good condition, the door handles are taken out and worst of all He is using the house as a storage facility for his building material
How do I go about this issue? Is it possible to ask the bank to sell for me? If so, where to I go to make this kind of arrangement
Thanks
Thanks for the advise.
Plato you won’t get an NHBRC certificate, which is what the bank wants. That is why I suggested you approach the bank and suggest getting an independent person to do an evaluation. Probably an engineer. But I would go to the bank and see if you can find someone who understands the system, and talk to them. You need to be sure it will make a difference before you spend money on consultants. I am relieved that you haven’t paid a deposit. You are now in a position of bargaining power.
Thanks Penny for the quick response.
It now make sense why the seller wanted a cash deal originally. I have not paid a deposit however I do think it is a good deal if I could get the bond.
Is there anyway we could get a certificate through another builder/developer/engineer ect ect??
Thanks
Plato, This is one of the biggest problems relating to the NHBRC – and it seems to be a Catch 22. If the house is incomplete then the NHBRC won’t give their certificate and I am really not sure what the status is in terms of their warranty scheme. It seems to me that they “wash their hands” of contractors who go bust, or renege halfway through building projects, or indeed contractors and developers still in business whom people constantly complain about – the NHBRC claiming that the complainants are “out of time” – while the developers continue to rip other people off.
In your case, it is actually the seller’s problem. He/she needs to find out what the status is with the NHBRC – how much of the build was approved, and whether there is any cover. Find out if the seller paid the builder money that was then paid over to the NHBRC – that seems to be very common. i.e. Builders get their clients to cover NHBRC costs.
The other problem is that the banks seem to have staff who don’t think further than a piece of paper. In this case the house has been standing for three years, so technically it should still have two years of the structural warranty to run. But often banks demand the NHBRC certificate for older houses, when the warranty has long expired and is irrelevant.
I think you should also talk to the bank. They should be able to look at the house at face value – even if it means getting an independent valuator in.
In terms of your offer to purchase, if the seller can’t produce an NHBRC certificate, you can legally cancel the offer. Hopefully you haven’t paid a deposit, otherwise it may be a bit more complicated getting your money back. I hope this helps. Let me know what happens.
Hi Penny
I have recently put in an offer to purchase a house that has been built but has not been completed. The house has been completed but the electrical and all indoor finshers have not been done. In order for me to get the bond with the bank they need a NHBRC certificate but the seller claims to be struggling to get any help from the NHRBC as the developer went bust and the can’t locate him. The house has been was built almost 3 years ago. Can you advise
Thank you for your advise,I really appreciate it
Erefaan, I can see that you really want to do this the right way, but unfortunately the people involved previously have messed up badly. As a plumber you cannot register as a builder with the NHBRC. If your father is just a plasterer, then he also doesn’t have the required skills to register as a contractor. You could register a company, but then you will need to do this via the correct channels, and you will need qualified people to do some of the work for you. So I am not sure that this will help solve your problems.
If you are a qualified plumber – and you are registered with the local authority – you can do the work. But it is definitely not your responsibility to help your client solve the problem of employing an unregistered builder. I am sure you need the work, but in this case it may be better to walk away.
Hi their
I am a qualify plumber,I am about to do a ladies home.There builder did all the building with out a certificate,now the lady have ask me to finish the job and I don’t have a NHBRC certificate.But the bank see ask for the loan request that certificate before they can give her a loan.Can I apply for that certificate also or do I have to be a builder,I have my father that helps me if I want buildings structures and he do my plastering,skimming of walls and ceillings for my jobs.Do I need to register me.Don’t have a company name.Can you refer or help me with some assistance
Hi Sherperd,
Contact the NHBRC directly on the Toll Free No. 0800 200 824 or got to the website here: nhbrc.org.za and ask them what they need you to do.
I just need to what is needed to register NHBRC..my company is
registered and I want to build house for Bank,
In effect the NHBRC does do this Kim – you can search for expired, deregistered and delisted, as well as those that are “on hold” (probably pending investigation) – though non-payment may also be an issue. They also say that they make public the number of “serious complaints” builders have against them.
We went the route of an arbitrator years ago (before the NHBRC was formed)… it was like drawing teeth trying to get the builder to do what the arbitrator told him to do. e.g. He was supposed to bag the walls, and hadn’t, and then tried to smooth out the mortar joints using Polyfilla! I can vaguely see the humour now! If the NHBRC refuses to help, let me know.
Thank you for your reply Penny. We have obtained a report from SAWLFA but our builder refuses to comply with their suggestion that our floors are replaced. Subsequently we met with an arbitrator today. I will contact the NHBRC and hopefully they can assist further. Unfortunately I too have heard only negative comments iro assistance from the NHBRC. If all else fails we will have to take the necessary legal steps to recover our losses as we have been living in alternate accommodation for two months now and will have to approach another builder to rectify the problem as we cannot continue with this situation indefinitely nor afford the escalating costs. I do think the NHBRC should name and shame builders on their website database so this can serve as a warning to builders and caution the public.
Hi,
You need to contact the NHBRC. The National toll-free number is: 0800 200 824
And you can read all about how to lodge a complaint with the NHBRC here: consumer-info
Theunis the way it should work is that if there is a structural problem within five years (the period of the NHBRC warranty), the home owner is covered for repairs. This money is not paid to the bank! There are, however, several major problems:
1. Many builders do not register with the NHBRC at all and con their way into building homes or additions for people.
2. Many builders register and then don’t renew. They then quote an outdated NHBRC registration number to customers who don’t double check.
3. They build inferior quality houses (as you so rightly point out) and people don’t follow the correct procedure to get the protection they are due.
Having read all the comments and done a good chunk of the replies, I can tell you that we don’t advise people to seek legal counsel if the contractor is registered with the NHBRC. In that instance we advise them to urgently contact the NHBRC and follow the correct procedure. Usually, when we advise people to go to a lawyer it is because the builder IS NOT registered or the time period allowed by the NHBRC has lapsed.
We are doing our best to educate people so that they don’t end up with major problems. We are also looking closely at how the NHBRC actually operates and the protection it in fact offers.
Watch this spot!
The NHBRC is just one more money racketeering business in our ever so corrupt South Africa. Builders register, build inferior quality houses and thereafter there is no recourse should something go wrong. With the amount of corruption going around this good idee was born from necessity but is smothered from life with all things bad. The NHBRC would have been believable if they actually cared about the citizens but allas, money talks in this fledgling democracy of ours. So sad that the consumers are always at the short end of the stick. Read through some of the comments and replies here and it is heartbreaking to notice in most instances that people are advised to seek legal counsil in cases where new homes was biuld by contractors who pay their dues and are registered with the NHBRC. The only people getting bennefit from the NHBRC is the banks. Should u buy a newly built home you must supply a certificate. If the building falls appart within the first 5 years the bank get their money back. So, so sad.
Good day
Please provide contact details to enable me to lodge a complaint. The complaint stems from difficulty being experienced with building contractor.
Please refrain from publishing my name or the builders name
Kind regards
(Name Witheld by Request)
Kim I’m sorry. There are thousands of attorney and arbitrators and we are not in a position to assess them all – apart from which we are not in the business of recommending professionals. I’m not sure what to suggest. For the NHBRC to get involved, your builder must be registered and there must be structural problems in terms of their warranty. But if he is registered and bad workmanship has forced you out of your home, I believe they have an obligation to get involved. Let me know what happens.
Hi hope u can help. Our builder won’t fix our wooden flooring installed in our recently built house. We’ve had to move out. We are going in circles and getting nowhere. We cant afford to replace 110m2 of flooring. Can you please recommend a good attorney or arbitrator who deals with these issues. I will be reporting the matter to the NHBRC but have heard that they cannot assist in all matters iro the
build. Thank you
Hi Tumelo,
We all have to pay for electricity when we use it. And from time to time there are increases. The agreement that you have with the previous owner, the agent and the council has nothing to do with Building Regulations, so I suggest you sort it out with them.
I’m a new home buyer i was requested by my agency to pay a certain parentage of my electricity since that it has went up.
Contact the NHBRC and ask what is required.
how do i register my pty ltd company with nhbrc.
Yolanda I have done a search on the NHBRC website and this is the result:
37958 Gauteng IMR Builders cc 2013/07/19 Registered 3
i.e. It shows he is in Gauteng – that first number is his registration number – the date is when his registration expires TOMORROW (19th July, 2013)! The no 3 shows he has enrolled three houses.
I suggestion you telephone the NHBRC immediately and check whether your house is one of the three he has enrolled – and ask them to take urgent action. Put your request in writing and email it to them – but phone as well and get some kind of response TODAY!. Don’t leave it until tomorrow when the registration expires. You may also need to take legal action against him. If he hasn’t enrolled your house it won’t be covered in the NHBRC warranty scheme – in which case you must pressure them to take legal action against him.
Let me know what happens.
Good day,
We used a builder who we thought was registered with NHBRC as it is printed on all his documents. We are now battling to get the guy to come and finish and he owes more than one party money and therefore the project cannot be finished. The company who put up the garage doors are threatening to take the doors down and the electrician is not planning to finish the gate motor before they do not get paid. How
do we proceed against IMR Builders (CK 1991/012497/23)
Yolanda Steenkamp
Hi Fred,
This certainly sounds like a case for the NHBRC. Go to their complaints page here: consumer-info Get all the information and paperwork together and put in your complaint straight away. If you have other “customers” or tenants with the same problem then do it as a joint claim as this will carry much more weight. You might be out of time with the 5 year warranty but I would challenge this as the warranty should start from the time of the repair. You might have to consult an attorney, but if you have a few of you then you can share the costs.
Lesley you need to contact the NHBRC urgently and report the matter to them. Sounds to me like the builder is playing for time. But frankly, responding without action is not acceptable. You have a right to complain to the NHBRC – and you must do it in writing and give them copies of all your emails.
Unfortunately the warranty on roof leaks is only one year and not five. The five year warranty is on structural defects.
I built a house and the builder attended to snags listed, for several times on the same ones, but in a very sloppy manner. Consequently those same snags keep reappearing, also I had a problem with the roof leaking which was also supposed to be fixed and has’nt been. I have emailed the builder many times and he always responds that he will come back to me, but at the moment under pressure to get current projects completed and never does. I am very worried because I am now here 4 years and my NHBRC guarantees is almost up.
Greetings
My home was purchased off plan from a developer in 2008, in 2010 it was re-tiled by the developer, as all the tiles started delaminating “tenting”. The tiles have now started delaminating for a second time. I have approached the developer for a second time. He suggested I claim against my building insurance. Outsurance have rejected my claim as “poor workmanship”. The developer subsequently sent me an independent report done by consultant to investigate the delaminating. This developer is using poor quality materials and has hundreds of developments having the same problem. Please can you suggest what my recourse is through the NHBRC? I refuse to redo at my own cost, and this is a recurring problem. PLEASE HELP US!! Or help us to stop these crooks! Regards. Fred (Rustenburg, North West)
Bryce we are not an organization that has inspectors. We run a website. You need to contact the NHBRC.
I have done a search on their site and it looks as if his registration with them as expired:
“46888 Western Cape Trusren Construction 2012/08/17 Expired 3”
The first number is the NHBRC reg. no. and the last number is the number of houses he enrolled with them.
I have also done a search via CIPRO and see that he did indeed register his business in 2006 – the register number he has given you is correct. However he is in the process of deregistering the close corporation. Here is the LINK.
You should NEVER have paid him anything without a contract! If you want to try and get the money back, call in an independent arbitrator to assess the situation. Or get some sort of report from an independent builder to assess the damages.
What I would do it threaten to charge him with fraud. He is not permitted to operate in the building industry if he is not registered with the NHBRC. And clearly he knows this because he was previously registered. In any case, I would also contact the NHBRC to see if there is any assistance they can give – and find out why he is deregistered.
You might like to read this article I wrote for our sister site about owner building! The last house sounds a bit like the experience you are having.
We have been having such problems with the Building contractor assisgned to do our building and renovations…..PETRUS MOUTON of Trusren Construction reg no. 2006/126963/23. When he came to give us a quote(we moved here from Johannesburg in December 2012) he told us that he had been in the business for 30 years.
We accepted his quotes,paid our 50% down,and work commenced.! We still have no official contract signed with him….we have asked him over and over again. We believed him that he would cpmply.
He told us work would be completed in 4 to 5 weeks. It is now 12 weeks later and my house looks a total mess. We have given him final notice on 2 occasions….he is still here. We told him that this Wednesday,3rd July is final. He is always asking for money!!
He drops his workers off between 08:30 and 09:30 and then you don’t see him again until the next day.
My wife is the “site supervisor”,and is tired of it now. She works in the late afternoon. I am still working in Johannesburg.
What are our legal rights? We really don’t want to pay this guy another cent.
Can you send an Inspector to see what is going on?
Looking forward to hearing from you.
Thank you kindly,
Bryce and Riek Ballantyne
Hi Mariam,
I’m sorry to hear of your problems, but this is a story that we hear all to often in this industry. This was one reason why the NHBRC was formed and they say and the law is: “In terms of The Housing Consumers Protection Measures Act, any person in the business of building homes is required by law to register with us.” ie with the NHBRC. You can check here if your builder/s are or were registered and if they are suspended or not here: http://www.nhbrc.org/index.php/search If they are not registered then I am afraid that you will have to get yourself a lawyer and try to get the problem resolved that way. This is not always advisable as the costs might outweigh the costs to fix and repair the damage and to finish the job properly by an accredited builder.
I hired a building contractor that was supposed to be very good at his job. His ideas were great and he seemed to have ‘know-how’ and experience. Unfortunately, I learnt the hard way that he is not that good. First he sub contracted another builder to do the work while he was busy on another project. This guy made a big mess, which the hired contractor acknowledged. He then brought in his own team to correct the problems but until now, nothing looks good. The walls are wavy, going from narrow to wide, etc. Its truly a disaster. We gave him the tiling to do as well. The tilers work is good as far as lines etc, but he did not take a centre line which means that now that he has reached the passage, I have half tiles all the way. The tiles are expensive and I was really looking forward to the effect they would have, but now all I have are disappointmnets and an empty pocket. The outside walls are a mess, with my electronic bell/camera hanging by 1 wire and walls crooked. My gates have come loose where he plastered. What recourse do I have against such a contractor, who was never here to supervise the work and has wasted 5 weeks of our time. Through all the dust and chopping the same wall up to 10 times, we have been living in the house. My kids and I have been sick almost from the beginning but patient hoping that the end would justify the means. Please help
Obed I am not sure which organization you are trying to register with. We are an educational website and do not register companies. If it is the NHBRC you are wanting to register with, here is a link.
hi,i have a new construction company that is not yet register with you how can you help me to register with you?
The NHBRC registered contractor would have had to enroll the house and should have the certificate. Contact the builder first. Otherwise contact the NHBRC. As far as I know, the certificate should exist and so there should not be a charge. But they will be able to advise.
Hi there please help , i have build my house about 4 years ago by a registered build with nhbrc contractor, mostly paid most of the items in cash, I require a loan now to complete the rest of the internal finishes , the local munincilaptiy has issued my with an occupancy certificate in may 2009, in order for the loan to be approve , the bank requires an errollent certificate from the NHBrc
, do u know the of the cost of the certificate ,if the house is valued at R 1, 20000.00 by the bank( area 190m2) that is 5-4 =1 year remaining cost….
Thanks
Naveen
Mr Langohr, you simply apply to the NHBRC for the exemption. As a “competent person” you should have absolutely no problem whatsoever. I am working on an article on the subject, because they often try to force people into registering. I’ll let you know when it’s done. The law is very clear on the subject.
If you go to our sister site, Owner Building, and scroll down to Owner Builder Exemption Form you can download the form to fill in.
I am a registered architect (PrArch – SACAP No 6220).
I have designed a new house for myself to live in and on retirement I want to build it as Owner Builder.
In your http://www.buildingregulations.co.za it is stated that ‘The updated legislation also gives owner builders the right to apply for exemption from being forced to register as a “home builder” if they wanted to build owner build thair home’
How can I obtain this exemption?
Fanie – from the NHBRC. Here is a link to their contact details.
Where can I buy the NHBRC manuals and at what price?
Lonwabo, I presume you mean registering with the NHBRC. Here is a link to their registration for builders section.
Hai Penny, I have a company that I registered for construction purpose and interested into building houses, how do I go about registering. I do have experience in building but i wanted to buy some sites and develop them one by one as I manage to raise some funds. Can you help please
You need to harass the NHBRC! Phone them on a daily basis until you get it. Better still, go to their offices.
Hi there,
I recently ad issues with my builder with regards to the poor quality of work done on my new home. The builder at the time refused to agree that this was indeed the case so I asked the Quality Inspector from NHBRC to do an inspection, which was done more than a month ago. Thus far I have received no report back from him. I have removed the builder from my project and appointed a new contractor. Chances are that the old builder is going get into a legal battle with me. I need the report from their inspection to support me and provide context, I also need this report to assist me as I would like to lodge a claim against him for the cost of repairing this poor woork. Please assit me who can I contact what can I do.
regards
Kagiso, did you check the bricks at the supplier before you bought them? And were you informed that there would be no refund? You should be protected by the Consumer Protection Act. Clearly these bricks are substandard. These people may be able to assist, but they will charge you. The other issue is that the manufacturer should be making their bricks according to SABS specifications. Also, if the cement they have used in production (presuming these are not clay bricks) is not SABS approved, this, I know is a criminal offence. So perhaps you should contact the SABS and ask them if they can help. The link I have given here gives telephone numbers and a link to the SABS fraud line.
I’ll like to know what’s my next step to take after I bought bricks and after the fisrt delivery I stopped them from sending bricks again cause, i realized that bricks are not of GOOD QUALITY, they breaks in pieces easily and the supply’s receipt reads… NO REFUND… For me I want my money back. Please help
Joan you need to contact the NHBRC to get this information. We are not affiliated to the NHBRC. Here is a link to their Contact Us page. They do have an online search function [CLICK HERE], but you have to key in the company name OR the NHBRC registration number. They do not have a search with company numbers or CK numbers. If you phone them they will be able to search for you. And if the builder is registered you must report him.
If you have a contract with the company, they should have insurance that covers materials sand damage to the site. It depends also whether they have “handed” the house over to you or not, whether they are liable. If there was no insurance clause in your contract, then you would be liable for your own insurance – or for the loss and/or damages.
Regarding the tiles, this also depends on your agreement. If the builder was to supply all the materials as part of the job, then he has no obligation to give the leftovers to you. If the bill for the materials was separate, or if you paid for them separately, then it would be fraudulent for him to sell them.
At the end of the day you should NEVER EVER pay in full for a job until it is complete.
Kindly check if this construction DNC registration number CK NO 2011/033677/23 is registered WITH NHBRC the reason for this is that he started renovations at my place the 07.01.2013 given him an amount of thirty thousand rand on the 08/01/2013 to start off ,and the balance of fourteen thousand on the 17/01/2013 which to date he has not complete my place the painting is not complete as per my quote two windows had to be replaced,fixing of the outside wall six doors which were never supplied .trap door to be supplied not done .
Despite several calls to him from my daughter to come and complete the place,to date it still has not been done on the 30/03/2013 my house was broken into stripping all the plumbing work done all the wall plugs,shower doors ,and plenty more of the fixtures stolen .
I just fell that this is so unfair to me could some please assist me in reporting this matter further.
My neighbors has informed me that,while the renovations were taken place he offered to do they tiling and offered to sell them my left over tiles which was not used i still think this is committing fraud.
I would appreciate if i am guided in this misleading of the renovations,which is not completed and alll monies are paid .
Penwell I would imagine so. You as the owner have a right to see the builder’s registration certificate. You also have every right to get this from the NHBRC … please let use know if you come up with problems. We cannot though do this for you.
Hi Penny, I bought a house last year and was issued with an NHRBC enrollment certificate. I am selling the house at the moment and the bank has requested that I also provide them with a copy of the builder ‘s registration certificate. I have contacted the previous owner who built the house and he informed me that he has a personal dispute with the builder and they are not on talking terms. My question is if the builder refuses to give me a copy of his registration certificate, can I approach the NHRBC to get a copy of the builder’s registration certificate?
Johan your tone is repugnant! My point was that the law must be upheld. That doesn’t mean I endorse the NHBRC. As a journalist all I can do is draw people’s attention to issues. One of these is that if owner builders do not get an exemption from the NHBRC they will be fined and may legally be forced to demolish what they have built. The other is that the NHBRC cannot force owner builders to enroll their homes. Another is that the NHBRC does not appear to be fulfilling its mandate in terms of backup when shoddy homes are built – which is in direction contravention of the intentions of the Act! However the fact is that if a builder is NOT registered, he/she cannot legally work in the construction industry!
Please read the message and the message from Abused Builder again until you understand it.
Johan it is AGAINST THE LAW for builders NOT to be registered with the NHBRC.
This is a serious issue in the building industry and should be treated on high level. Any builder who boasts that he is registered with the NHBRC I will show the door with the comment, you know nothing about building.
10 out of 10
I think you are very wise not to buy from a scamster!
The legal NHBRC contractor should call the NHBRC Fraud Hotline: 0800 203 698 and report him as a matter of urgency.
I have came upon a contractor illegaly utilising another contractor’s
NHBRC Certificate. We wanted to purchase one of the dishonest
contractor’s houses but are too scared due to his dishonesty. The
legal NHBRC contractor wants to pursue this matter but does not know
how to go about with the contractor fraudulently using his
certificate.
The NHBRC is a repugnant organisation that has completely failed it’s mandate. It is corrupt, as detailed by the auditor general in their last audit report. It is grossly inefficient, having repaired a very small number of houses while collecting billions in fees. It provides a forced insurance product that most home buyers don’t want, while being motivated solely by greed (as most NGOs with a fee collection mandate are). It’s ineffective, having failed to ensure the proper construction of public hosing, leading the minister to ask treasury to provide hundreds of millions of rands to repair shoddy government mandated housing.
It was a mistake to legislate a new organisation to duplicate the work of the MBAs, and a bigger mistake to legislate a forced insurance product without involving the exponentially more competent local insurers, then giving the collection mandate to an unscrupulous NGO with very poor oversight. These mistakes should be rectified by transferring some of the NHBRCs mandate to the MBAs and abolishing the NHBRC and their forced insurance product.
I can’t imagine how anyone can support this vile organisation which provides no value to home builder or home owner. This is completely at odds to the opinion of every property professional I have spoken to, including builders, developers, engineers, architects, project managers and several home buyers. They all agree that the NHBRC is a worthless burden on the industry. Shouldn’t a home owner have a choice, rather than having government interfere in his affairs?
Karl, Yes this is what it means. Every home builder is required by law to be registered with the NHBRC. If he is not registered any longer, he cannot continue building. But this also means he is in breach of contract with you, because he cannot legally complete the job. I would go as far as to say he is operating fraudulently – the NHBRC Fraud Hotline is 0800 203 698.
The NHBRC states:
“Your home enrolment with the NHBRC insures you against poor building practises. Our quality building inspections ensure that your home is not exposed to structural failure.” Furthermore it also says: “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.” The contractor would also have signed a Code of Conduct with the NHBRC. Here’s the link.
So you have your home enrollment and the builder has in effect reneged. BUT you will still be covered by the NHBRC warranty – so I would contact them as a matter of urgency. “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.” But your house is clearly not complete, so you need to instigate a call to action by the NHBRC.
I would also contact the bank and instruct them not to release any further funds to the builder.
Please let me know what happens, because I really believe very strongly that we all have a right to know whether or not the NHBRC is in fact fulfilling the function as mandated by Government.
Please have a look at this link as well, and scroll down to the section on Inspections. To date has the NHBRC complied with inspections?
I can’t see anything that covers the implications of a builder not remaining registered with the NHBRC.
Hi there,
Thanks for the earlier advice!
My project started in 2010 and at that time the builder had a valid certificate and was registered with NHBRC, my property was enrolled with NHBRC before the actual building started. I found out a few weeks ago that his certificate expired in July 2012. He continued to work on my project after this time. The fact that his certificate has expired does this mean that he should not be engaging in any sort of building? My project is currently being financed by the bank as a building loan.
regards,
Not only do you have valid grounds, you have legal grounds! It is against the law for a building contractor to build unless he is registered with the NHBRC. Report him to the NHBRC and also ask whether he enrolled the house with them prior to building. If he didn’t, that would be a further contravention. Ask their advice in terms of what you should do now. I’d be very interested to know what they say – let me know. Good luck.
When I appointed my building contractor he provided proof that he was registered with NHBRC and provided a valid NHBRC certificate. I recently found out that his certificate has expired for 6 months and he never advised me of this and he continued to build. What do I do? I would like to remove him from my project. Do I have valid grounds to request that he be removed.
Sello it’s not a matter of looking for benefits from the NHBRC. Anyone making a living from building homes is forced, by law, to join. The benefits are aimed at home owners – to protect them from fly-by-night contractors and bad workmanship. All builders are put onto the NHBRC database so that the public can check that they are legally registered. Their mandate is not to find work for builders.
Penny,are there any benefits after registering with nhbrc?like being putted on the nhbrc database,or getting any building job from nhbrc for clients?
Mlungisi, we are an independent website that provides information to the public. You can find out more about the NHBRC on this page and at their website – CLICK here.
But unless you are building houses and selling them, you don’t need to be registered with the NHBRC.
Hi ,im specialing in plastering and painting homes is it necessary to be registered with you and how am i going to benefit ,since im new in this industry and willing to advance.Thanks
I’m sorry Nadesh we don’t recommend companies or professionals. You don’t need a lawyer to see the project through – though you might consult a lawyer to check any contracts you sign.
Sello you only need to register if you are a building contractor – i.e. if you have a business that involves building houses for other people. If you are a sub-contractor either to a contractor or an owner builder it isn’t necessary. I don’t understand the second part of your question.
Hi,im just a qualified bricklayer/builder,so must i be registered with nhbrc,and are ther any exemptions for the qualified ones when registering?
Hi Mike,
We do not deal with registrations for the NHBRC you can email them directly enquiries@nhbrc.org.za or go to their website and check for registered builders at nhbrc.org.za and see if you are still on their list.
Good morning
I would like to find out about the NHBRC.I was registered in 1998 when
the company started.I have started up a new business in Cape Town and
would like to find out if you would be able to find my old
registration documents on your system or must I apply again.
Hello Penny
We just bought a house on the Rock and we are planning to do some renovation and also extend the house with one level. we have already contacted an architect which have drawn the plan to get approved. Now our challenge is to get a good construction company, could you advice any? also we want to appoint a lawyer to see through the project, it is adviseable?
thank you for your feedback
Ahmed you need to apply for an exemption from the NHBRC. They cannot withhold it unfairly. If they do you have recourse to the relevant department. If you don’t apply for the exemption they can fine you and stop you from building.
I intend building a block of flats for rental purposes(for personal income) -not resale-no bond is required and I will construct the building under my supervision.
Do I need to register or pay a levy to the NHBRC.
I think you need a lawyer.
Hi Penny i have big problem here where by one of the bulding company registered with NHBRC is got my money (57000) rand but is unwilling to release it , the owner play hide and seek games he was supposed already to have paid the money last week because the house was sold and registered into another owner and he made promise that as soon as this money is being paid he will transfere. to give you the background of this last year i have applied for the bond and due to poor score the bank decline my application and the builder suggesed to me that he will build the house and with the deposit i had i can pay it into his account and i did that he give proof payment that i have deposited R50000 rand into his account . since the area was new development there was lot of break in and i have to put security burglars in the house , the company iu am working promise me better promotion in another province i then ask the builder what are we going to do since i have to move. the builder made it clear to me that someone was looking for the same house he wont struggle to sell it and with the security butlers i dont have to worry everthing it be priced to this new owner. i was paying this guy monthly 3000 rand and water and waste i was paying directly to the municipality but now he is coming with excuses that i owe the house 5021, 91 rand and he is refusing to handover clearance certicificate. please advise where can i report this?
Fanie, I have absolutely no idea of what you do or who you are… (I certainly don’t know that you are in the kitchen industry!) But unless you are in the business of building/construction you don’t need to register with the NHBRC.
However, if you are planning to do structural house renovations for clients – that require plans in terms of the NBR – then you will need to register.
Tilling is cultivation of the land and you don’t need to register for this.
If you meant tiling – that doesn’t require registration either.
Plumbing may only be carried out by people who are qualified and registered – and this had nothing to do with the NHRBC.
You should contact the Department of Labour for minimum wage rates.
Hi Penny
As u know i am in the kitchen industry
I whould like to ad more services to my company profile can u please tel me wich once i must register with the nhbrc
HOUSE RENOVATIONS
DAMP SEALING CEILINGS AND REPAIRS
TILLING
STEEL WORK
PLUMBING
Can u also provide me with the folloeing
wage rates for
SEMI SKILLED BUILDER / PLASTERER
UNSKILLES LABOUR
THANK U
No Fanie you don’t. The legislation is basically to ensure that people and businesses that make a living/ earn income from building houses register to protect the public. If you build or install kitchens you aren’t building houses/homes… only adding value to them.
Hi
I am a carpenter in the kitchen industry do i have to be NHBRC registerd?
thank you
Hi Sean,
It is not clear which “manuals” you mean. If it is the National Building Regulations SANS 10400 then have a look at our SANS-Contact page for all the numbers and you can get them directly from them. If you mean the Home Builders Manual Parts 1, 2 & 3 then these are available directly from them on their NHBRC-Contacts page. There is also more info about the NHBRC on our Owner Building site
Where can I get copies of these manuals
Hi Siyabulela,
I suggest you contact the NHBRC directly on the toll-free number 0800 200 824. You can also go to the NHBRC careers website page.
Hi Irene,
The manuals are only available from the NHBRC offices direct.
You can phone them on their toll-free number: 0800 200 824 or you can find the regional offices on the NHBRC Contacts page.
We would like to purchase either an electronic copy or hard copy of
the NHBRC Home Building Manual (Parts 1, 2, 3). Can you give us
information on how to do this?
Thank you.
hi.i am a student at nelson mandela metropolitan university doing 3rd
year building. i would like to know how can a peson get a job at
nhbrc. your response will be apreciated.
What a pity you didn’t press the NHBRC to take action at the time. Now so much time has past they will probably not even be prepared to get involved. Unfortunately you, as the owner, are now liable for costs of rectifying the problem. You will need to contact a reputable builder in the area – who is registered with the NHBRC, so that you have some comeback in terms of workmanship.
I bought an upstairs unit in a complex, off plan, in Benoni, in 2005. Ever since the beginning, the two bedroom walls have been moving. When it rains in summer the walls fall back in, towards the room and in winter, when it’s dry the walls move out again, thus causing huge cracks that run from floor to ceiling, along the cornices and down the other side to the floor. The second bedroom, which is on the same side, is exactly the same. We are on the end of an eight unit block and we have another eight unit block right next to us. About three to four years ago someone did come out from NHBRC, but I didn’t receive anything in writing from him. He commented that the builders hadn’t put the boards in between the buildings. The chairman of the trustees has known about this the whole time and it was through him that the NHBRC came to look.
What I would like to know now is whose liability this is and who can I contact to get a quote on fixing this problem.
Anton this is becoming an increasing problem. If there was a certificate issued, the NHBRC should have a record of it. If the house was built after the formation of the NHBRC and implementation of the Act – viz. anytime from 2000 – and it was built by a commercial builder, then by law that builder should have been registered with the NHBRC. Certainly the fact that the property was developed only four years ago, the NHBRC SHOULD have a record.
Slightly off your query: If a house is built by an owner builder – i.e. not to be sold on – it is not mandatory for that person to register provided he/she complies with the building regs and employs a competent person to draw up the plans and oversee the build. In which case there would not be a certificate – and the law would not have been broken. But some financial institutions believe it is in their interests to insist on the certificate.
I am in the process of writing several articles covering this issue – because a further “problem” is that once the NHBRC warranty period has past, the certificate means zip. I have been notified about several cases where people DO have certificates but they only find out about shoddy workmanship after a fairly lengthy period of time. Even if this involves blatant disregard of the NBR, it seems that the NHBRC is unwilling to tackle the builders – and some ARE registered still. e.g. One of our “readers” owns a house with all the correct certification, and she has discovered after more than 10 years that it doesn’t have an underlay in the roof – even though it is at the coast and all the relevant regs state that it must. The NHBRC shrugs their shoulders and says their is nothing they can do.
Your argument with the financial institution could be that a certificate isn’t going to provide any form of security for them other than the fact that the house was built by a builder who was registered at the time (if indeed that was the case). Let’s take the scenario that he DID get a certificate and was then delisted (rather than voluntarily deciding not to continue his membership/registration). The bank would be happy! That is really stupid!
I suggest you establish with the NHBRC whether this builder WAS registered at the time. If he was, then insist that they check their records and give you a copy of the certificate. If they can’t do this then there is a serious flaw in the system.
Please let me know what happens.
I bought a home from developer last year and the property is now 4 years old. I applied to move my whole profile to another financial house, but they came back and told me they need the NHBRC certificate. I contacted my current financial institution and they never requested the certificate the convyancers doesnt have it, even Investec that financed the builder doesnt have it. The builder has since been deregisterred What am I to do now?
Hazel your problem sounds serious. I have mailed you an email address.
Hi Penny
Is it possible to get an email address where I can send in pictures. We have since discovered deep cracks in the walls and this is not the expansion joints. The cracks go down to the foundation.
Thank You
This sounds like a nightmare. Presuming the development is relatively new, the developers would have had to be registered with the NHBRC, and so you would have some recourse through the NHBRC. The problem though is that they have timelines in which people may lay complaints, and I think you could be “out of time”. However, the situation sounds so bad, I would contact the NHBRC and ask their advice. Apart from anything else, if the developers are currently registered with the NHBRC, they need to be made aware of this shoddy workmanship. You can check for registration HERE. Ultimately you might have to take legal action against the developers. Have you had any contact with them?
I have bought a town house about four years ago and is currently experiencing damping problems on the exterior walls as well as on some interior walls. On inspection it seems that very little, if any, cement was used in the plaster. The paint is also coming of. It seems to be the same problem in the whole complex. It is a very costly exercise to repair the walls due to the fact that the old “rubbish” plaster must be removed before the problem can be fixed. My question is would there be any way to hold the developers accountable for fixing the poor quality of work.
Unfortunately if your builder is not registered with the NHBRC they are not obliged to help you. All you can do is take legal action in terms of your contract. This will involve lawyers and legal costs. And probably the only way to warn others is to approach your local community newspaper and try to persuade them do do a news story based on the fact that what this contractor has done (since you say he is recommended in the area) is likely to harm other people in the area financially and otherwise. You are unlikely to get money back from him unless you go to an attorney.
I am in the process of building a house , I hired a contractor who was highly recommended by local architects and other members of the community , we signed the JBCC contract ,we are now 3 months into the project and experiencing many problems with the contractor,(foundation cracks,poor quality brickwork, breach of contract on the part of the contractor etc )I found out recently about the NHBRC ,when i contacted the local office the lady in charge said to me that they would not be able to offer me any help in dealing with my contractor since my house is not registered with them .what are my options and is this true ? is there anything i can do to recover my money that has been paid to him for stuff i now have to redo ? i want to warn others as he is very recommended in the area . Please help
I suggest you do so as a matter of urgency.
You have a problem. I don’t understand how people pay in full for jobs that are not yet complete! Sheer stupidity. The fact that he is registered with the NHBRC gives you one lifeline – other than taking him to Court via a lawyer. Contact the NHBRC and find out which process you need to follow to correctly lodge a complaint. They should be able to force him to finish. If he doesn’t they can take action against him. Let me know what happens.
what is the procedure in recovering funds that are already paid to builder who is registered with NHBRC he is gone promising to come finish and never do and he is full paid for job not yet done?
Hi Penny, the Inspector came on Friday and told me that I have to take up the matter with the NHBRC Quality Assessor because the matter falls out of their expertise !
The NHBRC was only formed in 1999. To track them down you will need to have some details – e.g. someone else who had a house built by them, who might have paperwork that shows who the directors were. But if they closed down, it’s not going to help you. The City’s Ombudsman probably is the best bet. You haven’t said though what they are saying you may or may not do in terms of the building. Are they telling you to demolish? Are they preventing you from adding on?
I think that is a good idea. Is it possible to take photographs of the bad workmanship?
I don’t know why my search didn’t come up with them, I have searched again and in fact they have three registrations; this one and then Cosmopolitan Projects Johannesburg Reg No 1-118594456 and Cosmopolitan Projects Tshwane Reg No 1-118853294.
If you have purchased the house, you should have received an NHBRC certificate. In any case, I would contact them and explain your complaint, and ask exactly what you should do. They have a complaints procedure that needs to be followed.
Regarding to yesterday’s quiry of erf No. 20082 I contacted the City of C.T. Building Inspector’s of Khayelitsha infact they are the people who informed me of that error and refered me to City’s Ombudsman who also to this day couldn’t come with something positive. Also inform if there is a way I can trace Kaya Homes for I think they wouldn’t have carried out such a project in 1995 if they weren’t registered with NHBRC. Please help………..
It is a new dwelling and a new development (occupation at the development started in December 2012). If I understand you correctly I should take this up with Building Inspectors at the City of Tshwane to find out why they approved a sub-standard structure.
I just went to their website http://www.cosmojhb.co.za/company_profile.html and this is what it is written there…..
The company was founded in 1991 and have built 17,000 houses since to become the biggest residential property developer in South Africa. All our houses are registered with the National Home Builders Registration Council (NHBRC)
(membership registration no.197)
If the house is incorrectly positioned, the City of CT’s building inspector should have picked this up when the foundations are laid. The fact that you did not build the house is irrelevant. Who have you contacted at the City – and did you put your request in writing? What are they telling you to do?
If you have purchased and paid for the property – and bought it “voetstoots” you will probably need to consult a lawyer to force the company to rectify the situation. It sounds as if this is a new dwelling, and in this case it certainly should NOT have been approved by the local council. Furthermore, the law states that if a house is built for resale, the builder MUST be registered with the NHBRC.
I am searched the NHBRC web site for Cosmopolitan Projects and they are not listed under that name. Have you received an NHBRC certificate?
If the company is not registered with the NHBRC they are operating illegally. So you need to ascertain this AND you need to demand an explanation from your local council why sub-standard building has been approved.
I am not a builder but my house was purchased to me in 1995, staying at Mandela Park in khayelitsha my erf number is 20082, it was a project of Kaya Homes I was paying my bond payment at Unibank that later became a Community Bank. On April when I was about to extend it I was told by the City of Cape Town that the house was incorrectly positioned on a wrong plot (erf No.20081),they are unwilling to help to solve this matter for the house was sold to me by a private entity (Kaya Homes) who are currently nowhere to be found. I have been in & out offices with no success. Would you perhaps help finding the path towards the solution in this matter, or finding where abouts of Kaya Homes who must have been registered when they were in this project? Please help…….
Good Day
I need some clairty and assistance in resolving an issue with regard to the property I recently bought from Cosmpolitan Projects. I recently went to show the house to an architect friend of mine who pointed out structural defaults that I was not aware of. (skew walls and windows) . He alluded to the fact that the Inspector should not have approved the building until Cosmopolitan broke down the wall to rectify the mistake and re-built it. I also consulted a builder in the area who also concurred thatthe kitchen wall must be broken down to fix the mistake. In this case I called the bank (FNB) and informed them of the problem and they referred me to the Chief Building Inspector at the City of Tshwane. What I want to know and need assistance with-is whether as a home owner I am within my rights to demand that Cosmopolitan Projects breakdown the wall anf fix it before I occupy the house or what other remedies are available to me to resolve this matter. Your urgent response will be appreciated!
You don’t necessarily need plans to remove walls, provided they are not load-bearing. My question is does the building inspector work for YOUR local authority? They all have slightly different requirements. You shouldn’t be asking him for permission, you should be talking to your local authority.
Vernon you can access all the information you need HERE.
Hi. I live nextdoor to a building inspector. I asked him whether i could convert my outerbuilding into a garage since i am disabled for work and dont have enough money for a new garage or carport. He said i need plans even just to remove inner walls.
The house was build in 1911, so its very old. Is it correct or what? Also i need to get a new plan drawn up because they used to build a lot of houses on one plan.
Thank you
I wish to become a member of NHBRC.what are the requirements and processes?
On a Saturday they may but not on a Sunday. See Site Operations for specific hours permitted.
hi I am not a builder – but I wanted to know can one build in a resedential area over a weekend?
Mari I am sorry I can’t help you. The only suggestion I have is for you to contact the NHBRC directly for advice.
You know what Hendri, developers have their contracts drawn up by attorneys, and so the only way for you to really understand what they have in the contract is to take it to an attorney. Yes it will cost a bit – but it shouldn’t cost more than a few hundred rands – and you could save thousands if things were to go wrong.
Before going ahead with a building package from developers is there a book or person that can help us to understand what to look for in the contract to insure that what we are paying for we are getting as well as what we are expecting? Plz help!
I’m afraid not Denzil.
hi my name is Denzil i am blacklisted i need my own house can you assist me in getting one
I’m in the process of selling my house (wooden log home). My house was build in 2000, the building plans was signed off by the local authorities (Pretoria) and a engineer certificate was issued to confirm adherence to the SABS 082 standards.
The financial institution now requires an NHBRC certificate from the builder. According to Stardoc the NHBRC certificate has expired and apparently the then builder suspended from the register.
I urgently need your assistance to acquire a NHBRC certificate to be handed to the financial institution (ABSA) who has approved a 100 % loan to the purchaser of my house.
Thank you.
I have responded to your other message.
I used Graham from Build Solution to do Extensions and renovations at my house to the value of R256, 000. This all started in April 2011. I am still waiting for my COC, and he build my Kitchen over my main water pipe which caused a leak and cost me over R20,000 in water bills and repairs. I refused to pay and claim he did extra work for me without pay. The list is endless of all the mistakes and do I still have to fix them myself as I go along. What do I do to get my money back for the water leak? He is registered in a trust and is it difficult to take him to court.
I just hope that your experience will help others. Building can be incredibly stressful. I know from personal experience.
Penny, we learn by the mistakes we have made. I’m still trying to sort it all out. It’s become so stressful but have to move on.
Thanks.
We need the NHBRC to amend their rules that when a home owner lodged a complain, they must investigate by appointing a competent person, who will investigate, if it’s a structural defects then make a ruling who will fix the problem and also they must have engineers within their offices to check and have the engineer be accountable for their work.
Then I would think that the original engineer should be held liable. If the builder constructed the foundations as required on the plans, then as you say, it wasn’t his fault. I think you should approach the NHBRC and ask for advice – though I doubt if you will get much joy – although they should not accept documentation from so-called “competent persons” who make this kind of dreadful mistake. You will probably have to take legal action against the engineer.
The engineer has noted that when the house was build, the foundation should have re-inforced as the soil test shows high clay content and we should remove the plaster and put a chicken mesh with nails, plaster then paint. The first engineer that completed the NHBRC forms never informed that the foundation need to be reinforced and he even came on site to inspect after we digging of the trenches.
It really worries me that you have paid out so much before the building is complete. But these things happen. We once “hired” a “friend” who was a “builder” … if you get my drift … to build a house for us. It started with him asking for the first draw just before Christmas (builders’ holidays) and ended in arbitration. We lost the house, which was in a prime area and should have been worth more than a million about 20 years ago. This is one of the reasons I will do whatever I can to help other people. Been there done that and I really don’t want other people to be hurt.
It isn’t clear whether the developer was an owner builder or a building company. But either way, I would be concerned about the reluctance to give proof of when the house was built. Good luck and let me know what happens.
Thank you for the reply Penny. Much appreciated. I think I need to get in touch with a lawyer too but that is also going to be costly. I agree that the NHBRC need to do something about just registering anyone who could be a “fly by night” builder. That was one of the first questions I asked him before signing the contract & he produced his registration number. I don’t have any more money to get another builder to complete the dwelling & just feel so hard done by. Also I wouldn’t want this to happen to someone else too. The builder should not be able to get away with this & I am hoping that something can be done about this matter. Thanks again for your reply & advice.
Thanks for your reply.
In reply to your first question as to why I need these documents, the banks I have approached for a loan won’t sign-off on the loan without proof of a NHBRC cert or proof that the property is older than 5 years.
As to your question that the house was built illegaly is a question that I was going to ask the Bond Attorneys that are dealing with this as I only found out about this problem yesterday.
Thanks again for your reply
You need to lay a formal complaint with the NHBRC, following their complaints procedure. But if this is a fly-by-night builder, you might have a problem. If you have paid him for more than he has done, then you have an even bigger problem. If he hasn’t been doing work, chances are his business has gone down the tubes.
My question is how the NHBRC can protect people from people like this who manage to successfully register and then rip off the public.
As a last resort, since you have his ID, you could lay a criminal charge against him … at a police station.
Johan,
The council plans should show exactly when the house was built. And if you know who the developer/builder was, then what’s the problem? If you have a name, you can check with the NHBRC whether the builder/developer was registered with the NHBRC at any stage.
In any case, why do you want then to sign something that states you won’t be covered by the NHBRC warranty? This all seems a bit strange because there is not a lot of recourse you have to the NHBRC at this point in time, even if they did have a certificate.
1. If there are structural defects “caused by non-compliance with the NHBRC Technical Requirements” (and you have no proof of certification) found within 5 years of the date of initial occupation, they will take action
2. Also if there are various other non-compliance issues and failure to follow plans, specs etc – but within three months (that doesn’t help you)
3. Or if there are roof leaks within one year – which also won’t help you.
Other than that, it means nothing.
If “registration” documents show the house to have been “built” four years ago, perhaps it was built illegally and plans submitted after the fact. HAve you asked this question?
Have I missed something? Let me know.
Good Afternoon
I am in the process of buying a house, according to the records we as well as the bank can trace registration dates shows the property is about 4 years old. According to the current owner and as we understand the previous owner/developer the property is 9 years old. There is no NHBRC certificate available and the developeres refuses to sign an avidavit stating the property is older than 5 years and not covered by the NHBRC Legislation. Is there any action I as buyer of the property can take to obtain the relevant documents. I woukd appreciate a speedy reply as I am under pressure to vacate my current house as the deeds of sale for my house will be finalised by the middel of Dec 2012.
Regards
Johan
Please can you offer me some advice on what to do with a builder registered with the NHBRC who has not adhered to a contract between himself & I (home owner). His registration expires on 12.12.2012 & no work has been done by him for 2 months. The building is at roof height & all we are waiting for now is the engineers certificate before building can continue. We contacted an engineer & asked the builder to meet with the engineer at our home but the builder did not show up. I keep on phoning him & he says he is sorting it out but nothing is getting done. He hasn’t even removed the rubble on the pavement. The address I have for him doesn’t seem to be legit & all I have is his I.D number & cell no. I have paid him most of the money & don’t know what else to do. Any advice would be appreciated.
Thanking you.
There is no need for an owner builder to have qualifications James since nobody is permitted to build without a “competent person” in charge of the build. The previous link will take you to a post I wrote recently for our sister website, http://www.ownerbuilding.co.za. Essentially plans must be prepared and submitted to council by a competent person; and this person must follow through the build.
There is, however, another issue which I am currently researching and that involves demands that the NHBRC makes on owner builders, forcing them to register with the NHBRC as a builder! I will post the article in the next week or two and will email the link to you.
In terms of aesthetics, I would suggest that good building practice does not necessarily go hand-in-hand with an appreciation of aesthetics, although I cannot be sure what you mean by this term, in this concept. At the end of the day people building in most “estates” MUST abide by all the requirements of the home owners association. So if you are afraid that he won’t take sufficient care to plaster neatly, the HOA probably has the right to make him redo the job.
We have a resident in our estate who is claiming to be a owner builder.
The home owners associations, specifically the aesthetic committee
has serious concerns that he is not suitably qualified to build a home
of this size with a reasonable sense of quality.
Are there any qualifications required as a owner builder.
I am busy working on a post about the NHBRC and I plan to list some of the complaints people have about the NHBRC. If you would like to forward the email you sent to the NHBRC with some more information, I will ask them for a comment that we can then publish.
Hi there. I recently had a major problem with a nhbrc registered contractor. He dug up trenches around my house in order to construct a boundary wall but encroached into council property. The construction was stopped immediately by the inspector. The builder in question at that time took fulll responsibility and guaranteed us that he will sort it out as he knows many inspectors that are on the” take”. My husband chose to get our beacons marked and resubmit plans. Upon the plans being passed the builder in question kept making promises to commence work but never pitched. We submitted a detailed email to nhbrc outlining his criminal activity wrt flouting building regulations and the fact that despite doing no work he refused to return our deposit of 25 000. The builder thereafter called us and gloated that people from nhbrc guaranteed him nothing will be done and that he will make us cry for our money. True to his word nhbrc did call and said they can do nothing. Now, what is the purpose of the nhbrc if they perpetuate corruption since despite not helping us they did not even address the serious allegations we levelled against a nhbrc registered builder who claims to put up huge buildings without plans being passed. Such a shame that they don’t set. Out to do what they claim to do.
Faizal,
If the previous owner knew that the problems were greater than they were, you might have recourse against him/her in terms of latent defects. There may also be some recourse against the developer, especially if your neighbor’s legal action is successful.
I am busy trying to assist another visitor to our site with a related problem – building specifications and materials not up to standard. This particular developer is well known and has been operating for decades. This builder/developer is registered with the NHBRC and my question to the NHBRC is will they intervene in terms of non-compliance with the National Building Regulations. In terms of the time frame, their warranty is no longer valid, but somebody needs to take issue with the developer.
I can’t help with an assessment of costs, you will have to get an engineer in to quote you.
I doubt that the insurance company is liable.
I’m sorry I can’t be more helpful – it sounds like a nightmare.
Hi Penny,
I have purchased a unit in a complex 6 months ago. At the time of purchase I was concerned about foundation issues because of large cracks that I noticed. The owner satisfied my concern by stating that underpinning had been done (he did not have any certificate to prove this but I could see areas where they had dug the ground to perform the underpinning, I am not sure if the underpinning was even done to standard) and then cosmetically repaired the cracks. Since then I have noticed smaller cracks appearing throughout the house. I have also gone in to my neighbours house and noticed that it is really in bad structural condition (Cracks, Dampness). He is currently engaged in a court battle with the developer claiming that the building was not constructed properly based on expert geo-technichal reports that he obtained. I am now extremely concerned that maybe my house is also at structural risk and that I will have to spend thousands on proper underpinning and foundation repairs.
1. What recourse will I have and against whom should my foundation require repair.
2. A boundary wall in the complex recently collapsed and the insurance co. refused the claim stating that according to their engineer report the wall was not constructed correctly and the insurance contract specifically excludes liability for any damages or loss arising out of defective construction.
They have also now removed cover for slippage and subsidence for all units.
Body corp needs to get structural engineers in to inspect and draw corrective plans, then get those corrections done and for stability reports to the insurance co before cover can be re-instated.
Any advise for the body corp?
What happens now if my house falls down tomorrow due to settlement? do I have any recourse. It does not look like insurance will be too accommodating as well.
3. I have absoloutley no idea what underpinning costs, my house is single story, 193 sq metres, can you provide any ranges?
Your thoughts on this would be appreciated.
Two questions? 1) Whose fault is it; or is it simply due to the soil settling (or something similar)? 2) What were the engineer’s recommendations in terms of remedial action? I presume he would have made some sort of recommendations. On the face of it, it looks as if it is the home owner’s responsibility to repair any damage.
If a registered builder build a house and all rules and regulations are followed as required by NHBRC, then cracks in the wall develop in the 4 year, home owner report to builder, builder appoint a engineer for inspection and recommendations and its discovered that its not the builders fault that the house is cracking. What is the way forward?
By law all building contractors should be members of the NHBRC, so contact them to check whether this is the case. If the contractor is not a member, they might take action.
Also, since this is water damage, is it an insurance claim? If so, has the contractor been paid? If it is not an insurance claim, have you already paid the contractor? If not, don’t do so until the work has been done to your satisfaction.
Apart from these factors, the Consumer Protection Act which came into force relatively recently, has made common law more favourable to consumers. For instance, by default, you now have certain warranties and indemnities that come into play, and so therefore should be covered in terms of shoddy workmanship.
This is the number of the Department of Trade and Industries Customer Contact Centre: 0861 843 384 and their Office of Consumer Protection (OCP) : (012) 394 1436 / 1558 /1076
Please can you assist in who should be contacted to register a complaint of workmanship against a contractor in West Rand GP?
Repairs was done on our house after water damage and their work is not much to talk about.
Since this is a complex – and newly built – it is mandatory that the contractor was registered with the NHBRC. So the NHBRC should probably be your first port of call. If the builder was NOT registered, then the NHBRC will (should) take action. If the builder IS registered, they will take a different type of action.
If the developers employed contractors who were not registered, they will (should) be in big trouble.
Please keep me in touch with what happens. If I can help in any way I will, but I’d need a lot more information.
Good Day
I am resident in a newly built complex in Ballito. There are serious complaints from all residents as regards inferior workmanship revolving around poor plastering, damp walls and painting of the entire complex.
How do we go about registering our dis-satisfaction and initiating action against the developers?
Thank you
A. Whyte
Unfortunately not Francis. If the owner of the property cannot supply this information (or if you are the owner), you need to access the plans via the local authority/council. If there is no information on the plans regarding the builders, you will need to contact the person who drew the plans. This would be on the plans. Alternatively the council may be able to assist.
Will you be able to check for me who the builder of a specific house is?
Schalk I know nothing about them, but have just looked at their web site and they don’t even mention the NHBRC! They are also very vague about the contractors they use.
And I had to giggle when I read this:
“Performance Monitoring
Over the last six years they have developed web hosted software empowering themselves to monitor contractor service levels on huge volumes of projects and sites leaving no stone unturned.”
I don’t know how software is going to help them monitor what is happening on site!
Also, Vantage and 1 Call are connected – Vantage are described on the 1 Call website as “an associated partner”.
And the Vantage website says: “As a key role player in the Vantage SA initiative, 1 Call ASAP facilitates….”
ALSO NOTE:
“Although 1 Call ASAP and their associated partners are unable to accept liability for workmanship,….”
At the end of the day you need to be sure that whichever contractor is employed, that they are members of the NHBRC and have excellent contactable references.
Hi. We are about to start construction through a project management company called Vantage SA / Vantage Guaranteed Projects, based in Cape Town. I got their details through 1 Call ASAP. Have you heard of them?
If you are registered with the NHBRC, ask them to send you a jpeg of their logo. The images that are used on the Internet are generally to small for print.
However, for the record, if you want to download a file from the Internet (presuming you have a PC and not a Mac), right-clock the pic. A drop-down menu will appear. Choose “save picture” or “save image” – depending on the browser you are using. You can change the file name and save anywhere you wish on your computer. You will be given a list of different pic formats. Choose jpeg (or jpg) – or whatever you prefer.
We are registered with the NHBRC. How do we download the NHBRC Logo ? We would like to include it on our company letterhead
You can’t be held accountable. It would have been another case if you did alterations and caused the flooding due to your actions, is the two properties shoulder to shoulder as in complexes how does you neighbour know it is your pipe that’s leaking, if he has X-ray eyes I will employ him in my home inspection business. One could locate the leak with a moisture analyzer in combination with an infrared camera. which I use on a daily basis.
If the lawyer persists, ask him/her to cite exactly which law states, “It is illegal to use a garage for anything else but a car.”
In terms of the National Building Regulations, while rooms/buildings may only be used for the purpose they are built, when it comes to a garage, the point is that it cannot be used for human habitation. Millions of people use there garages to store things and often to double as a workshop. Lots of people also incorporate “office” space in garages. Very often people build garages that incorporate storage space, and this will be shown on the plans. There would usually only be potential issues relating to fire protection, specifically if an activity was a fire risk (e.g. welding).
i have been using my garage to put everything i normally keep in boxes. i build shelves and unpacked all my old books. etc. i am a bit of a horder. i am allergic to dustmites so i do not keep it in the house. i love diy and crafts so i bought old drawers and used it to pack all thing so its easy to find the glue gun, grinder, jig saw drill etc instead of throwing away all the old LPs i put that there aswell so while building a bookshelve i have some music. i am on speaking terms with most of my neigbours and they have never complained. just stopped for a chat as i think they find a female with a hammer strange. but a lawer told me its illegal to use a garage for anything else but a car. is this true. my car still get parked in it aswell thanks
The NHBRC would only be able to assist if an NHBRC-registered builder constructed the house. If it is reasonably new, then the builder should have been registered. So find out when the complex was constructed and by whom.
I don’t follow the set-up here in terms of common walls. You probably need to obtain plans (from your municipality) and see where the plumbing pipework is located. If indeed it is your pipework that is leaking, you need to call in a registered plumber to sort out the problem.
I also don’t follow the logic of the insurance company saying “it’s an ongoing problem”. Was it a problem prior to you purchasing the property? You need to ascertain this as well. If they are claiming you are liable for damage, you will probably need to consult an attorney. But first find out exactly what is going on.
Hi. Will nhbrc be able to help me. I bought foolishly into a complex(silkwood)
In midrand. There is a leak within my wall that floods the neighbours house.
I am blamed for it and asked to pay all repairs to the neighbours house. The leak
Is still not located. But insurance says its an ongoing problem. But this problem
Could have been there when I bought without advise. Help me pls. If you can
Thanks
Irene
Marcel I have responded to your other comment. This is a very interesting topic and I will delve deeper!
Marcel, I have discussed this with a very knowledgeable and helpful person at the NHBRC, and her interpretation is that anyone building a home must either enroll the home with the NHBRC (in which case they need to register with the NHBRC) or apply for exemption. While I appreciate that banks normally require an NHBRC certificate before they will provide any form of mortgage, I am not convinced that this is what the law requires. I have always understood that only those building for profit/as a business need to register and then enroll houses. There was an amendment to the legislation in 2007 that defines an “owner builder” for the first time, and states that an owner builder has the right to apply for an exemption from having to register with the NHBRC and enroll the house.
The main law that governs the NHBRC is the Housing Consumer Protection Measures Act 1998 (along with the 2007 amendment), and this states that the “business of a home builder” DOES NOT INCLUDE “the bona fide building of a home by any person for occupation by that person”. Which should cover you. I need to check whether there have been any amendments to this Act; the original does not mention the words “owner builder”!
It seems that since the amendment was promulgated, the NHBRC frequently issues notices of non-compliance to owner builders – I am assuming because they have neither registered nor applied for an exemption.
I am going to write a blog post on the subject for my new site and will send you a link via email as soon as I have done so.
Hi Penny
As per the answer you gave to Daniel, what is to happen if the NHBRC issued a notice of non-compliance?
Hi Penny
I have started building my own home with my own money, and I am intending to stay there for more than 5 years. The plans were authorised by the local municipality. I was also under the impression that I do not need to enroll my home. I have been issued a notice of non-compliance by the NHBRC. What must I do?
Contact the NHBRC and ask them if the builder is registered. If you hit snags, let me know.
Basil you have every reason to be concerned. First and foremost check with the NHBRC that he is in fact registered. If so, you can ask for their help here. Now here’s the punch: Did you have plans to build? You absolutely cannot build anything like this without plans, and the local authority would not have passed plans for a double storey with inadequate brickwork. When you talk about a “single layer” of bricks, do you mean that they have been laid so that the thickness of the wall is as wide as the width or length of the brick. It should be the full length, to allow for bonding. Do yourself a favour and buy a copy of our newly update Owner Building in South Africa. That will show you exactly what should have been done.
You need to take this up with the NHRBC. Are you sure he really is registered? If they have not done inspections, maybe he isn’t. It would also be a good idea to contact your local newspaper and suggest they do a story about the builder. This will ensure that other people don’t get ripped off by him. It sounds to me that you have been badly ripped off.
Yes, you are correct. You simply need local authority approval. Only people/businesses building houses for a living need to apply to the NHBRC. And even this is not enforceable unless their clients are needing a loan.
I bought the manuals years ago and tried recently to find out what they cost now. Nobody was able to advise me. Perhaps you will have more luck if you contact the NHBRC. You can only buy them directly from the NHBRC.
Could someone please tell me how much +- the NHBRC Manuals cost?
Thanks
So am i correct in saying that it is not compulsory to enroll a new house with NHBRC if i am going to be building it with my own Money and will be occupying it for more than 5 years? If so do i need to apply for exemption or can i just go ahead and start building once i have Local authority approval?
I have a problem the builder who builded my fiances house is registered by nhbrc, there are so many proplems with him and the nhbrc didnt even to their final inspection yet. the builder got all they money he was supposed to get, but couldnt finish due to the fact he used the money for personal reasons he used as an excusse so in the end now he ows us R19000 extra cause there were work that needed to be finished and he said that he needed money to pay the ppl other wise the work would stand still, he was supposed to be finished by the house in June already, although we have move in already, there is still roof tiles that is not fixed up and the rain season is comming. We had to double pay also for some kitchen cubbords to be fixed by other ppl cause the ppl he use refused cause he only gave them a deposit and are still waiting for there money. We would like a formal investigation in to this man and his actions. He is the NHBRC builder for Fochville!!!
thanks
How do I know if the builder of a property is registered or not?
Hi. My builder is building a studio for us and we decided to build a store room above it. It is going to be a double storey. He has built up to roof height with a single layer of bricks. Is that accepted? I was told that should you go double storey, after 2.1m you need double layer of bricks. Rather concerned. please advise. He says he is registered with the NHBRC, cannot finance it on his own, has taken more money from us than what has been built and has every excuse in the book. Was supposed to take one month to build, we are in the 3rd month. Thanks.Basil
This comment comes with a web link which we have allowed. However http://www.buildingregulations.co.za has no knowledge of the people involved or the quality of their workmanship. In principle though, their advice is good.
For all the home buyers out there insist on a property inspection to be done on the property before signing a sales agreement this will help you to make an informed decision and also make sure that the inspection is done by registered professional independent company.You can contact us for assistance on 074 606 7344 or E-mail: inspections.chic@gmail.com.
Henri, the NHBRC provides warranty protection against defects for houses build by builders that belong to the NHBRC – to provide protection to people who are building new homes (i.e. those who employ NHBRC builder members). Do you know who built the house? If you do, and they are members, you might have some sort of recourse – though it is unlikely to be a monetary one. If the builder is registered with the NHBRC and this has happened, they MIGHT be prepared to investigate – and may take action against the builder. But chances are the builder isn’t registered!
The main problem is that you probably bought the house Voetstoots (i.e. as is), and because you have been there for four years you are likely to be the one who is stuck with the problems. It’s a tough one because insurance policies generally don’t provide insurance on this type of thing.
hi I purchased my house four years ago and the boulding is aptouxmly 7 years old.one side of my boulding have big cracks,ingeneur told us that the house was badly cinstructed and that the foundation was sinking in one area. Is our house covered by nhbrc? The insurance told us that they will not pay out.
What can we do?
Erf 4438 milnerton capetown 7441
10 lolas place parklands
Regards
Henri
Andrew, you do not need to be SACAP registered to be able to draw up building plans. Architects need to be registered with SACAP, and so it is true that if you use an architect, that person will need to be registered. The building regs state that when plans are submitted to the local authority, they must be accompanied by a declaration made by a person who is “registered in terms of a built environment professions council”. Draughtsmen/women, architectural designers who are not qualified architects, and engineers fit this category. If you are able to draw plans to the standard required, you could ask a registered person (also referred to in the Act as a ‘competent person’) to supply you with a declaration. They would need to be sure your work was up to standard and would undoubtedly charge a fee – which you could pass on to your client – or build into your fee. Builders do this all the time with electricians, who by law must approve electrical installations. (This is presuming your local authority accepts this approach – which I think most do.)
As far as building is concerned, the NHBRC was established by Government in 1995 to try and stop what you call “weekend builders” – also known as bakkie builders. Financial institutions are not permitted to grant bonds to houses that are NOT built by registered builders. One problem that they hadn’t foreseen was that a lot of these people saw a loophole in the legislation and claimed to be “owner builders” who were not bound by the legislation. An amendment to the legislation in 2007 requires a genuine owner builder to apply for exemption from enrolling with the NHBRC (and paying their fees).
If a property owner has the cash to build, and has the exemption, he or she may use anyone to build PROVIDED the workmanship is up to scratch and in keeping with the building regs. The onus then is on the local authority to make sure that this is done. They can order a building be demolished if it is not.
An even bigger problem is illegal building, especially in more remote and rural areas. There are many people who don’t even bother with plans and because of a lock of policing by local authorities, they get away with shoddy, substandard building. I will be adding a case study to this site soon, that relates to this, so keep checking in.
Your comments are always welcome.
Hi, we all know if a building plan are to be drawn up you will need to be SACAP REG.
But why is it when plans are approved you can phone your uncle, grandmother, niece etc.. and tell them to come and build.
Why are they so hard on ‘US’ and yes i also draw plans, why do we need to go and reg. @ Sacap but not builders?
I think goverment must look into that also and stop all weekend builders!!!