I recently hired a contractor to build the home that I have always dreamed of. Unfortunately, I increasingly often hear stories of defects in newly built homes and the various problems it creates. What can I do to avoid this issue in constructing my own house?

For most people, building your own home is the realisation of a lifelong dream. Unfortunately, this moment that you strive for and work hard to achieve can easily be marred by the negative experience arising from defects in the building quality.

When hiring a contractor, also referred to as a “home-builder” to build your home, it is critical that right from the start, you take note and make use of the rights and protection measures available to you.

Living in a quality home which has been built by a competent contractor, is in fact a right supported by various laws and institutions in South Africa. Chief among these is the National Home Builders Registration Council (more commonly referred to as the “NHBRC”). 

The NHBRC was established by the Housing Consumers Protection Measures Act No. 95 of 1998. Among other objectives, it is mandated with protecting the rights of the “housing consumer”. A housing consumer includes persons who are in the process of acquiring a home or have already acquired a home, and also includes people who have become the owner of the home at a later stage, referred to as a “successor in title”.

This means that not only are you protected by law to ensure that proper building standards are enforced, but that there is an institution dedicated to assist housing consumers to ensure that the letter and spirit of the law are enforced.

The NHBRC has since its inception and in line with its objectives, put various measures in place to ensure that the rights of housing consumers are protected, and they are informed of their rights before and during the construction process. The most pertinent in the case of building a home, are:

• All home-builders, defined as being persons who carry on the business of building homes (for example contractors or developers) and in certain instances, a person who builds their own home without the assistance of a contractor, are required to be registered with the NHBRC. You can and should request to see the builder’s registration certificate before you start the building process.
  
  
• Before any construction starts, all homes must be registered with the NHBRC. This is the sole responsibility of the builder, who will then receive a certificate of proof of enrolment. You can and should request to see a copy of this as well.
  
  
• During construction, inspectors appointed by the council may at any reasonable time enter the site of construction to inspect the premises and the building plans to ensure, among other reasons, compliance with building standards.
  
  
• All home-builders must comply with the NHBRC Code of Conduct for Home Builders, which sets out the minimum standards that home builders must maintain while constructing homes. Should they fail to do so, the NHBRC may take disciplinary measures, including deregistering the home-builder and preventing them from proceeding with the construction.

As set out above, various laws, regulations and codes that are in place provide substantial protection for housing consumers in South Africa. This is however also subject to your compliance with the duties that you as a housing consumer have, which includes ensuring that all necessary steps are taken to prevent disputes from arising before they get out of hand. An example of this is contacting the NHBRC before construction starts to confirm that the home-builder you have assigned to build your home, is in fact registered with the Council.

The good news is that many measures and protections are available to housing consumers such as yourself. Yet it is important to do your homework and take proactive steps before construction starts, to be sure that you are in fact making use of a quality home-builder and consequently have the NHBRC’s protection and remedies available to you. Should you be unsure of your obligations in this regard or need assistance to liaise with the NHBRC, don’t hesitate to contact a construction law specialist such as myself.



Disclaimer: This article is the personal opinion/view of the author(s) and is not necessarily that of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever and no action should be taken on the basis thereof unless its application and accuracy has been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmation by the author(s).