The NHBRC – 5 elements
1. The NHBRC gives protection against shoddy workmanship
The NHBRC 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 an NHBRC 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 NHBRC, 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 NHBRC 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 NHBRC keeps a database of any previous members who have been suspended or deregistered.
3. NHBRC Warranty Scheme
The primary concern of the NHBRC is “major structural defects” caused by poor workmanship. The warranty scheme was established to counter this problem, and because of it, the NHBRC 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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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.