19 November 2021 - NW2419
Powell, Ms EL to ask the Minister of Human Settlements
What recourse exists for beneficiaries of structurally unsound housing units constructed by (a) provincial and (b) municipal housing departments?
All new houses constructed with the use of the National Housing Subsidy must be enrolled with National Home Builders Registration Council (NHBRC). All Provinces and Municipalities must also in terms of required NHBRC regulations enrol the projects within which houses are constructed. The enrolment with the NHBRC ensures that the houses have a five-year warranty from the day of occupation. The warranty covers the following:
(1) Minor defects within 3-months from date of occupation.
(2) Roof leaks within 1-year from date of occupation and
(3) Major structural defects within 5-years from date of occupation.
Where a defect is detected, the housing consumer should as an initial step notify the home builder of any complaint(s) within a reasonable period. It is expected that the home builder will attend to the complaint again within a reasonable timeframe.
Where the Province or Municipality are the developer and enrolled the project and house, then the complaint maybe lodged with the Province or Municipality. If the compliant is not attended to or resolved between the parties, then the complaint maybe escalated to the NHBRC.
In terms of legislation and regulations, the NHBRC has the responsibility to protect the interests of homeowners, and this includes resolution of complaints received from homeowners against a home builder.