alternative building - nhbrc : national home ... building technologies onboard mongezi mnyani joins...

NEW RELATIONSHIPSCEMENTED

AkhAniBUILDAPRIL - JUNE 2013 - EDITION 2

OFFICIAL QuArterLy MAGAZINe OF tHe NAtIONALHOMe BuILDerS reGIStrAtION COuNCIL

ALTERNATIVE BUILDINGTECHNOLOGIES

ONBOARDMONGEZI MNYANI

JOINS THE TEAM

NHBRC • 1

NHBRC • 2

On the 27th of April South Africa celebrates 19 years since it held its first democratic elections. Every year on this public holiday we celebrate freedom and we commemorate a day when for the first time, all eligible South Africans could vote and the country’s first democratically elected president, Nelson Mandela was elected into power. For many in our country this day symbolises a turning point in our history. It imprints in our societal memory the ideals of liberty, growth, development and our collective responsibility to make this country work. The provision of quality sustainable homes is an expression of how we, collectively as an industry, are contributing to the sustainable development of this country.The NHBRC recognises that we all have a role to play. The challenges to the home building industry are varied and the demand large. Government has prioritised the need to build functional and vibrant communities. The whole concept of ‘Human Settlements’ has moved away from the provision of houses to the establishment of communities with access to basic services and transportation hubs. Greater stakeholder engagement and a synergistic approach will assist in ensuring that people in need of homes can be assisted faster, easing the housing backlog.In this regard, we have started discussions with various industry role players and stakeholders around the issues we face. The NHBRC views itself as a key institution in ensuring the delivery

of quality homes. By the same token we acknowledge that efficiency and regulatory gains in the home building industry require a collaborative approach, more so in the subsidy market. Some of the key discussion points are around improvements in building practises and standards, improvements in industry turnaround times and potential areas of collaboration.Engagement with you is fundamental to our business. This is why we are sharing with you some of our most recent stakeholder initiatives, both local and international, in this 2nd edition of Akhani. Lastly, I would like to extend well wishes to the nominees and participants of the upcoming National Govan Mbeki Awards to be held on the 6th June. The Awards are held to showcase excellence, best practises and healthy competition amongst provinces. To the participants, award winners or not, we salute your best practises and we look forward to working with you for the greater good of the home building industry.

Mongezi Mnyani

Message from the CEO

“The whole concept of ‘Human Settlements’ has moved away from the provision of houses to the establishment of communities with access to basic services and transportation hubs.”

Editor Nicky MansonManaging Editor Jennifer PlattDesigners Heinz Bawa, Thami MahlanguSub-editors Yaron Blecher, Caryn JanitTraffic Assistant Paula Peffer

Editorial EnquiriesPhone +27 (0)87 2300 [email protected]

Advertising, Marketing & DistributionSales and Marketing Manager Janine [email protected]

Akhani Magazine is published by TGE Media (Pty) Ltd, t/a Media Nova Business Publishing Managing Director Tony VaughanProject Manager Taryn TownsendFinance Manager Leanne CoxFinance Asssistant Eleanor Scipio

Quartely DistributionAkhani Magazine is distributed to NHBRC stakeholders and registered home builders.

NHBRC Editorial PanelCEO Mongezi Mnyani CEO’s Office and Stakeholder Relations Jackie MfekaCompliance and Enforcement Section Manager Julia MotapolaOperations and Customer Service Setshedi Rasepae, Tlangelani Shivonivon

ContributorsJulia MotapolaPaimaan ByronAgnes van den BergNoxolo MnculwaneThapelo SibandaFred Wagenaar NEW RELATIONSHIPS

CEMENTED

AkhAniBUILDAPRIL 2013 - EDITION 2

OFFICIAL QUARTERLY MAGAZINE OF THE NATIONALHOME BUILDERS REGISTRATION COUNCIL

ALTERNATIVE BUILDINGTECHNOLOGIES

ONBOARDMONGEZI MNYANI

JOINS THE TEAM

Contents Features

04) Meet the new CEO, Mongezi Mnyani

08) Alternate building technologies

10) NHBRC in the global game

12) South Africa’s Institute for Timber Construction

16) New memorandum: NHBRC and C&CI

Regulars

15) Snippets

20) Out and About

22) Contact Details

28) Rights and regulations

Edition 2 - 2013

Page 12 Page 20

Page 08

NHBRC • 3

Insider News

NHBRC • 4

Mongezi Mnyani

NHBRC • 5

Mongezi Mnyani, the former HOD for the Gauteng Department of Local Government & Housing (DLGH), has been appointed CEO of the NHBRC, replacing Dr Jeffrey Mahachi, who had previously been fulfilling the role of Acting CEO.Mnyani was appointed head of the DLGH in March 2010 and made enormous contributions towardsits success. He acted as Accounting Officer and ensured effective and efficient administration in line with Treasury regulations. He managed the department budget, reporting to the Executive Authority and the Legislature on the allocation and utilisation of funds. He also provided leadership and high-level strategic direction for the development and implementation of the Performance Plan and Performance Programme of Action (POA), ensuring all conformed to Batho Pele standards. He has a communications

background and has worked as spokesperson and Communication Head for various Members of the Executive Council (MEC).Owing to his knowledge of and expertise in corporate communications, management and community development, Mnyani played a pivotal role in setting up organisations and systems that were geared towards strengthening community participation in developmental issues. He has also worked as a researcher on the “Study of Violence and Reconciliation”; a programme affiliated with Wits. Adv Brenda Madumise, NHBRC chairperson says Mnyani “brings a wealth of experience that will benefit the NHBRC and steer it in its path to becoming a reputable and credible organisation, fulfilling its mandate to regulate the home building industry and protect the house consumer.”

New CEO for the NHBRCThe NHBRC has appointed Mongezi Mnyani as the Council’s Chief Executive Officer, which took effect from March 1 2013

“Mnyani brings a wealth of experience that will benefit the NHBRC and steer it in its path to becoming a reputable and credible organisation, fulfilling its mandate to regulate the

home building industry and protect the house consumer”

Mongezi Mynani’s previous experience

• 2010-2013: Head of Department, Local Government & Housing, Gauteng.

• 2009-2010: Acting Head of Department, Local Government & Housing, Gauteng.

• 2004-2006: Chief Director, Communication and Customer Relations, Department

of Housing.• 1996-2004: Director of Communications

& Information, Department of Safety and Liaison, Gauteng Provincial Government, South Africa.

Contact NURCHA: 0861NURCHA/0861 687 242 | Email: [email protected] | Website: www.nurcha.co.za

Been awarded a tender and require bridging finance?Been awarded a tender and require bridging finance?NURCHA are pioneers in the provision of BRIDGING FINANCE to contractors in the subsidy housing and infrastructure. Our inhouse specialists and extensive experience in the subsidy housing and infrastructure markets will ensure you receive the best possible deal!

PROJE

CTS FINAN

CED •

17BILLION

LOAN

S ISSUED •

2.5 BILLION

SU

BSID

Y HO

USING UNITS FINANCED •

334 931

WE FINA

NCE

PRO

JECTS IN ALL PROVINCES •

NHBRC • 7

Vision

Mission

Mandate The NHBRC’s primary mandate is:• To protect housing consumers by establishing, implementing and

regulating quality standards in the home building industry.• To establish a warranty fund and to provide assistance to

housing consumers under circumstances where home builders fail to meet their obligations.

• To build capacity of home builders and housing consumers with specific emphasis to the historically disadvantaged.

“To protect the housing consumer and regulate the home building environment by promoting innovative home building technologies, setting home building standards and improving the capabilities of home builders”

“A world-class home builders’ warranty organisation that ensures the delivery of sustainable quality homes”

GOVAN MBEKI AWARDS 2013

TO SHOWCASE EXCELLENCE, BEST PRACTICES AND HEALTHY COMPETITION AMONGST PROVINCES

B U I L D I N G

T H E F U T U R E

T O D A Y ,

T O G E T H E R

AWARDS PROCESS

These awards are to be contested at both Provincial and National level. Five categories will be contested at Provincial level while the number will increase to seven at the National Awards. Five other worthy recipients of the Govan Mbeki Awards will receive Merit Awards from each MEC

ENQUIRIES/CONTACT DETAILS: Ms. Johanna Maswanganyi or Mr. Itumeleng Segone,

E-mail: [email protected] or [email protected]

WHO SHOULD APPLY?

WHERE SHOULD YOU APPLY?

The application forms for the competition will be accessible from all Provincial Human Settlements Departments or through the website: www.dhs.gov.za on the link Govan

into each category are provided with the application form.

AWARD CATEGORIES AND MERIT AWARDS

Contesting Categories

Best Best Best

MEC and Ministerial Merit Awards

studies and are due for placement in the Department

DATE OF THE NATIONAL AWARDS CEREMONYThe National Govan Mbeki Awards Ceremony will be held on Thursday, 6 June 2013 at Gallagher Estate in Gauteng.

Contact NURCHA: 0861NURCHA/0861 687 242 | Email: [email protected] | Website: www.nurcha.co.za

Been awarded a tender and require bridging finance?Been awarded a tender and require bridging finance?NURCHA are pioneers in the provision of BRIDGING FINANCE to contractors in the subsidy housing and infrastructure. Our inhouse specialists and extensive experience in the subsidy housing and infrastructure markets will ensure you receive the best possible deal!

PROJE

CTS FINAN

CED •

17BILLION

LOAN

S ISSUED •

2.5 BILLION

SU

BSID

Y HO

USING UNITS FINANCED •

334 931

WE FINA

NCE

PRO

JECTS IN ALL PROVINCES •

NHBRC • 8

Insider News

Assessment of ABT

Any house to be built in an area under the jurisdiction of a local authority falls within the scope of the National Building Regulations and Building Standards Act (Act 103 of 1977), and the regulations made in terms of that act. The regulations include mandatory performance requirements that support the objectives of the act; that is to ensure the safety and health of the persons living or working in any building. Guidance in the application of the regulation may be found in SANS 10400: The Application of the National Building Regulations. SANS 10400 contains prescriptive rules for any form of construction that are deemed to satisfy the National Building Regulations. The application of these rules is not mandatory; therefore the owner of the house is allowed to utilise any means to satisfy the requirements of the National Building Regulations.There are various non-mandatory ways in which one could comply with the requirements of the National Building Regulations. These are summarised as follows:• prescriptive “deemed-to-satisfy rules”• rational design or assessment• a valid Agrément certificate

The Assessment of Alternate Building Technologies(ABT)

Paimaan Byron, Structural Engineer for the NHBRC

NHBRC • 9

Rational Design or Assessment

The purpose of rational designs is to ensure “fitness-for-purpose” of the elements covered by the design. Rational designs are required in respect of housing systems or components, which comprise materials and/or elements whose properties, characteristics and behaviour may be known or unknown. In both cases, a competent person (as defined under the Engineering Profession of South Africa Act, Act 114 of 1990) is required to produce the rational design.

The rational design would include a detailed structural analysis and detail design of critical members and connection design details.

The NHBRC’s Technical Division reviews the rational designs and once it demonstrates compliance to National Building Regulations a letter of approval is issued to the system owner. The performance of alternative systems is reviewed annually and the letters of approval renewed, provided that NHBRC has not received any reports of system failure.

Prescriptive “Deemed-to-Satisfy Rules”

There are various prescriptive standards (codes of practice) that are intended to simplify the application of the regulations.

SANS 10400: The code of practice for the application of the National Building Regulations with “deemed-to-satisfy rules” is applicable for house construction in South Africa.This code reproduces the regulations and covers provisions for building site operations, building design and construction that are deemed satisfactory. Compliance with the deemed-to-satisfy rules is a direct approach to ensure that the regulations have been applied. However, deemed-to-satisfy rules are not regulations and therefore not mandatory.SANS 10401: The code of practice for the construction of dwelling houses in accordance with the National Building regulations specifically covers the deemed-to-satisfy rules for housing and includes:• conventional housing• incremental housing• informal housing

And lastly the National Home Builders Registration Council (NHBRC): Home Building Manuals.

The role of the NHBRC is to enforce compliance with National Building Regulation requirements by the homebuilders in the home building industry. The NHBRC home building manuals are compiled in line with SANS 10400 and SANS 10401. The NHBRC manuals have been simplified and the deemed-to-satisfy rules are more user-friendly.

Any revisions to the codes are reflected in the home building manuals. Therefore, compliance with the NHBRC manuals ensures that the regulations have been applied. The rules contained in the manuals are not regulations and therefore not mandatory. The current NHBRC manuals are Revision 1.

Valid Agrément SA Certificate

Agrément SA is an independent organisation established by the Minister of Public Works and housed at the Council for Scientific and Industrial Reseach (CSIR) premises. Their primary business focus is the certification of non-standardised or innovative building products through technical assessments that verify whether the products and systems are fit for purpose. Agrément certifies products where no national standards are applicable and their certification process is performance-based. A valid

For further information on approval of Alternate Building Technologies contact our engineer, Mr. Paimaan Byron, on +27 (0)11 317 0087 or email: [email protected].

Assessment criteria

The criteria follow an outline of the information required to perform a rational design assessment:The system owner is required to provide rational design calculations that satisfy the National Building Regulations. The report must include design assumptions, detailed calculations, references to the necessary design standards and detailed design drawings. The structural design calculations must clearly demonstrate structural integrity and stability, including connection details. The design calculations should have proper sketches annotated in English, using SI notation.

The submission must demonstrate that the elements so designed have adequate performance at the serviceability limit state and at the ultimate limit state.The submission report to NHBRC should address the following topics and demonstrate compliance:1. structural performance (strength and stability)2. fire resistance3. water penetration4. condensation5. thermal6. durability7. acoustics8. construction manual (process)9. quality manual (quality control)

The submission must be made by the system owner and certified by a competent engineer registered by the Engineering Council of South Africa (ECSA) in a professional category in terms of Act No. 46 of 2000.

The NHBRC’s Technical Division is currently busy with the review of the manuals in line with the revision of relevant SANS standards and codes of practice.

Agrément certificate will comply with the National Building regulations and hence is accepted by NHBRC for enrolment of non-standardised and alternate housing construction.

NHBRC • 10

Insider News

The NHBRC is a Global Player

Advocate Brenda Madumise

NHBRC • 11

In November 2012, at the IHHWA’s conference in Las Vegas, USA, NHBRC chairperson, Adv Madumise, was appointed IHHWA Deputy Chair, and will take over as Chairperson in two years time.

The gesture by the global Association in appointing Advocate Brenda Madumise was a clear demonstration of their confidence in her and the NHBRC. The Council’s Chairperson, Council Member Zimbini Vazi and the then acting NHBRC CEO, Dr Jeffrey Mahachi also attended the Conference. Dr Mahachi presented a paper entitled, The State of Housing in South Africa, which highlighted the challenges the NHBRC is currently facing. As a council mandated to regulate home builders and protect housing consumers, Mahachi told delegates that the NHBRC has a role in making sure that “building materials and products meet national standards.” He detailed difficulties faced by the Council, including fly-by-night contractors and escalating contractor pricing.

The NHBRC has long been committed to working with partners – the Council also works with the USA’s National Association of Home Builders (NAHB), – and of course the IHHWA, to address the broader needs of the home

After attending the International Housing and Warranty Conference (IHHWA) 2012 in New York, the NHBRC has a great opportunity to establish itself as a leader in the advancement of knowledge and capabilities of the home building industry

The NHBRC is a Global Playerbuilding industry worldwide. Founded in 1993, IHHWA was originally known as the Association of European Home Warranty Organisations (AEHWO). The Association represents home warranty interests to parliament, government and civil service agencies, the institutions of the European Union, and other international bodies. In October 2010, it expanded itsmembership to become IHHWA.

But what are the benefits for the NHBRC of an IHHWA membership and alignment with agencies such as America’s NAHB? The strong synergy developed through IHHWA membership provides a forum of policy information on respective warranty markets, share markets and business intelligence. The IHHWA also creates a platform for interaction as it engages in research to investigate the possibility of expanding warranty benefits with a major focus on “energy efficiency in Housing”.

According to Adv Madimuse, the IHHWA provides a portal through the creation of shared information, research and policy. She also adds that the Association

“provides a forum for warranty organisations to establish contact, share best practices, experiences and participation in International Housing and Home Warranty conferences.”Looking forward, the NHBRC now has a great opportunity to establish itself as a leader in the advancement of knowledge and capabilities of the home building industry through training and education, applied research and interaction with the community. The organisation will be well positioned to serve as a catalyst for continuous innovation in the housing industry through strong partnership with public and private organisations. The next IHHWA meeting is scheduled for May 2013 and is to take place in London, UK.

Turning the clock backwards, taking place in Cape Town between 25 and 28 September 2011, the NHBRC, in partnership with the National Department of Human Settlements (NHDS), hosted the International Housing and Warranty Conference (IHHWA). Drawing close to 300 prominent speakers from across the globe, the 2011 conference was a first for Africa in the IHHWA’s 30-year existence.

The conference focused primarily on global challenges facing housing and home warranty schemes, as well as sustainable methods of addressing these challenges. “As we engaged with our counterparts from Canada, the US and Europe, it struck me how interdependent we all are – no man is an island – to achieve organisational goals we need to work together towards our mutually agreed goals,” says Dr Jeffrey Mahachi, who is a key player in the planning of the IHHWA 2014 conference.

The gesture by the global association in appointing Adv Madumise was a clear demonstration of confidence in the NHBRC

The next IHHWA meeting is scheduled for May 2013 and is to

take place in London, UK

NHBRC • 12

Insider News

Poorly constructed timber roofs have become a real problem in residential South Africa

Institute for Timber Construction South Africa

The Institute for Timber Construction South Africa(ITC-SA) offers consumers some tips on how to prevent a costly and potentially dangerous situation from developing.

Case studiesRecent case studies have revealed the following as the main causes of frustration by consumers/home owners:• lack of understanding and applying of

industry standards and requirements• lack of information on where to find

and employ the right professionals for the job

• lack of knowledge regarding the items that will constitute a successful

end product• lack of information to empower the

consumer and/or home owner

The roof is arguably one of the most important parts of any home construction – protecting the home’s contents, finishes and residents from the elements. It is also one of the largest, heaviest and most costly structures in any home design. It is therefore logical to expect that a lot of planning, design and know-how needs to be invested in order to create a sound structure that can safely carry the substantial weight of the completed roof overhead, as well as offering acceptable longevity and aesthetic good looks. Sounds logical, but sadly many homeowners choose price over quality with regards to workmanship and materials, which can lead to costly, disastrous and sometimes even life-threatening situations.

NHBRC • 13

The NHBRC spoke to Mr Fred Wagenaar, Executive Officer of the ITC-SA and he answered the following questions for us:What are the legal requirements?Roof truss designs are assessed in accordance with Part L of the National Building Regulations (SANS 10400), and which is guided by Act 103/1977 (as amended) – The National Standards Building Act. All local authorities are bound to apply the Act and Regulations when assessing a building plan approval application. The regulations and deemed-to-satisfy requirements are contained in Part L of SANS 10400.

Part L of SANS 10400, comprises three parts, which are generic performance requirements for roofs – Part L1, L2 and L3. The “deemed-to-satisfy” requirements are contained in Part L3, which means that any roof design and construction that complies with the detailed technical design specifications and tables that are set out

Where can the consumer find reputable fabricators, erectors, inspectors and engineers?

The ITC-SA makes sourcing reputable and accredited roof fabricators, erectors, inspectors and engineers easy – all the consumer needs to do is to contact the institute directly or visit its website (www.itc-sa.co.za).

It has a comprehensive list of all the national truss manufacturers. The list notes the engineering systems that each fabricator uses, so that

When an asset becomes a liability...

in the “deemed-to-satisfy-rules” will be considered to be in compliance with the necessary generic requirements. However, if a designer and/or fabricator of roof trusses wishes to design a roof that has structural design characteristics that differ from those set out in the “deemed-to-satisfy-rules”, a competent person (an individual registered with the Engineering Council of South Africa), must certify that the rational design that has been employed satisfies the requirements of Building Regulations L1 and L2.

Therefore, unless a roof is constructed in accordance with the “deemed-to-satisfy” rules of the National Building Regulations, which only cover very simple roof constructions, such as gable to gable, with no hips, valleys or spans not greater than eight metres, no stubs, and so on – a rationally designed roof by an engineer is needed. This rational design, by law (NBR Regulation A19), must be signed off by the registered professional engineer who is responsible for the design and who was duly appointed by the owner.

any preferential requirements can be assessed, as well as categorising each in accordance with complexity ratings. To ensure a regulated environment, every ITC-SA accredited member is audited on an annual basis, with regards to quality, competence and compliance to the South African National Standards – SANS 10243.

An annual Certificate of Competence is given to confirm that the member complies with the National Standards when audited by the ITC-SA. If a consumer uses an ITC-SA registered fabricator and/or engineer and the outcome is unsatisfactory, they will be able to obtain recourse through the institute.

What are the common problems that the consumers should be warned against?• Choosing price over quality: The old adage of “what you pay for is what you get”, could never be truer than when it comes to roof construction. Many homeowners try to save on the roof construction, and often end up spending time and money remedying the issues that arise from using sub-standard materials and workmanship. Bear in mind that in order to create a professional and sound end-result, you will need to employ the know-how of professional, knowledgeable and experienced individuals, which will no doubt cost more initially than non-qualified individuals off the street, but will save the homeowner a lot of money and stress down the line.• Choosing the right engineer: Use a qualified structural engineer to design and sign-off the roof. Ensure that your chosen engineer has good working knowledge of timber and roof construction. At present the ITC-SA has a number of accredited Professional Engineers who have proven themselves by their specific knowledge and experience in the design software being applied in the nail plated timber roof industry.• Prefabricated roof trusses are best: Prefabricated roof trusses are cut by advanced, specially designed machinery and are therefore far more accurate than their hand-made counterparts. “Handmade trusses assembled on-site can be a real recipe for disaster,

especially where deviations from the deemed-to-satisfy requirements of SANS 10400 (Part L) is allowed. Prefabricated trusses are the subject of a rational design, are structurally tested and always less expensive than their site made counterparts. The consumer also has the peace of mind that an engineering certificate will be issued at conclusion of the work and which will protect the homeowner in the case of future structural problems that may arise. • Guarantee: By using reputable fabricators, such as those registered with the ITC-SA, you can immediately have the peace of mind that these companies or individuals are regularly audited and monitored, and that should something go wrong with their service or workmanship; you will have access to recourse. As an example, ITC-SA Accredited carries their own personal indemnity insurance policy which will cover any negligence on their part with regards to the specific structures they sign-off and take responsibility for.

NHBRC • 14

Insider News

What are the essential elements to be considered for a successful end product?The four elements with regards to roof truss construction that is vital for a sound end result are:1. The timber used in the manufacture of the trusses must be in compliance with SANS 1783-1 (General Requirements) and SANS 1783-2 (Stress Graded Structural Timber): In coastal areas, SANS 1288 will prevail for the preservative treatment of the timber, and marking to display this will be as per SANS 1091. Due to timber at length requirements, SANS 10096 prescribes the manufacturing specifications for finger jointed structural timber. These material specifications as mentioned above provide for timber member dimensions that may deviate from your off-the-shelf products, but which would none-the-less be in line with industry norms and specifications. Finger jointed structural timber members are just as strong and even stronger than non-finger jointed structural timber members and are therefore totally acceptable.2. The designer must create an accurate cutting bill: The cutting bill will dictate the exact lengths and angles at which the timber must be cut for proper assembly.3. The right engineering systems must be used: In South Arica, there are four main systems, namely MiTek Industries S.A., Alpine Automation South Africa, International Truss Systems, and Multinail Africa. The metal connector plates used must be supplied by the specific engineering system that is being used. In addition, they must be the correct size and positioned in the right locations as per the standard methods and tolerances.4. All connections and bracing details must be in accordance with the design intent: Everything that holds the structure together, such as the number of nails, bolts, washers, brackets and cleats, must be in accordance with the engineering design. All necessary bracing accessories must be stipulated on the design plans.

Perfectly engineered, manufactured and erected

Institute for Timber Construction South Africatel: +27 (0)11 974 1061fax: +27 (0)11 392 6155toll-free: 0800TIMBERe-mail: [email protected] www.itc-sa.org

NHBRC • 15

Bethlehem office launch

With 39 years working in the building construction industry, Matthys Christopher Markgraaf is a qualified artisan with experience in several projects across the spectrum. Markgraaf completed a higher diploma in Education and Training development at the University of the Western Cape. He completed his apprentice and qualified as a bricklayer in 1974. Since then, Markgraaf has occupied the position of site assistant on various housing projects ranging from low cost housing to middle and upper class housing developments. Some of the projects that he has been involved in include housing projects in Mithchells Plain, Wesbank and Atlantis. Since 1998 he occupied the position of building inspector in the RDP, social and gap housing developments as well as estate developments. He is a keen community developer, trainer and facilitator who displays natural leadership.

Matthys Christopher Markgraaf, appointed to the NHBRC council

Regional Manager: Inland, Thitinti Moshoeu

Councillor TMH Mofokeng

Snippets

NHBRC Free State has formally launched its Bethlehem satellite office. The launch took place on 9 November 2012 and was graced by the presence of the Honourable Mayor Dihlabeng, Councillor TMH Mofokeng as well as by executive managers from Dihlabeng Municipality and NHBRC managers.

NHBRC Free State Provincial Manager, Chris Slabber

NHBRC • 16

Insider News

The NHBRC and the Cement & Concrete Institute (C&CI) have concluded a memorandum of understanding formalising their collaboration

The scope of the memorandum of understanding (MoU) between the NHBRC and the Cement & Concrete Institute (C&CI) includes: research collaboration between the C&CI and the NHBRC; the training of the NHBRC staff, nominees or seconded persons; and the provision of the resources needed for the research, testing and training to be undertaken in terms of the MoU.

The MoU, signed by C&CI MD Bryan Perrie and NHBRC then Acting CEO Dr Jeffrey Mahachi in Johannesburg on

5 February 2013 focuses on the parties’ collaboration on training in concrete, which the C&CI began providing in May last year. The C&CI is participating in a joint initiative by the NHBRC and the Department of Human Settlements to improve construction quality standards in government-subsidised housing through the provision of training in concrete to the inspectors of the provincial departments of human settlements.

The lectures, which were provided free by the C&CI, formed part of a one-day refresher course conducted by the NHBRC on behalf of the Department of Human Settlements nationally. The training provided by the C&CI is based on the sections on concrete in the NHBRC’s Home Building Manual.

The C&CI has also developed a special five-day training course primarily for the NHBRC’s building inspectors, based on the C&CI’s School of Concrete

Technology’s SCT30 – Concrete Technology course. These courses are presented at the C&CI premises in Midrand.

Speaking at the MoU-signing formalities at the NHBRC’s Bryanston office, Mahachi said that the quality of concrete was often blamed for declining building standards in government-subsidised housing, whereas builders’ lack of training was really to blame.

He welcomed the C&CI’s assistance in ensuring that essential quality standards in housing would be met.Perrie said builders’ and building inspectors’ training in concrete was vital, because, unlike other building materials and components employed for housing, concrete was manufactured on site, which meant that quality-inspectors should be fully competent in recognising and applying the necessary minimum standards.

The NHBRC cements ties with C&CI

C&CI MD, Bryan Perrie; and the then NHBRC acting CEO, Dr Jeffrey Mahachi

NHBRC • 17

In a landmark event, the National Home Builders Registration Council (NHBRC) has signed a memorandum of understanding (MoU) with the Association of South African Quantity Surveyors (ASAQS).

This MoU formalises the strong synergy developed since 2011 between these two organisations, in which the sharing of expertise and knowledge addresses issues, among others, such as cost control and quality of housing and related infrastructure through effective planning and management processes and measures.

Dr Jeffrey Mahachi, then acting CEO of the NHBRC, says, “In the context of the built environment and sustainability, housing involves a number of professional disciplines. Our focus is to engage with all of the professions in that environment, including engineers, quantity surveyors and architects – as each contributes to design and sustainability. The role of the ASAQS and its member quantity surveyors is key to this programme as they can contribute significantly through the technical assessment of housing units and projects in terms of packaging, cost, quality and management processes.”

Qinisani Mbatha, President of the Association of South African Quantity Surveyors concurs, saying, “The evolvement of our relationship over the years to the signing of this memorandum of understanding is a stepping stone, as our association has so much more to share with respect

The NHBRC and the Association of South African Quantity Surveyors (ASAQS) have signed an MoU formalising their collaboration

Wor

ds Jo

hn t

homé

, Sou

th Af

rican

Buil

der m

agaz

ine

Strategic collaborationto cost and quality management. We welcome this interaction with organs of the state, such as the NHBRC, and we expect to see the MoU working well in the years ahead. We are delighted that we can craft this MoU with the NHBRC and we will see to it that engagements are always encouraged.”

ASAQS CEO Larry Feinberg says, “This formalises the long-standing relationship we have with the NHBRC. ASAQS has much to offer and to give back to the construction industry through this strong collaboration. We reaffirm that this is a good working MoU, the formal continuation of a fruitful collaborative relationship between the NHBRC and ASAQS.”

According to Qinisani there is traditionally a low percentage of quantity surveyors involved with housing. “The housing industry is not generally seen to be as lucrative as commercial projects,” he says. “But problems seen recently in housing revolve around the issues of high cost and poor quality. Quantity surveyors play a pivotal role in terms of cost management, which needs to be

looked into concurrently with quality.”He adds, “For us as ASAQS the question was whom to partner with in order to properly address these issues in housing. As we are best equipped with the technical expertise and the knowledge to resolve most cost, workmanship, quality, procurement of competent contractors and the flow of monies in payment of the work executed, we decided to approached the NHBRC and establish a close rapport with them.”Qinisani also maintains that the NHBRC is at the coalface with the Ministry of Human Settlements. “Together we are better able to investigate issues and remedy them by applying cost-effective measures relating to much-discussed shoddy workmanship in this sector. This MoU validates our joint expertise, which is desperately required to manage costs and quality and to ensure that workmanship standards are met.” The ASAQS is celebrating more than 100 years of activity in South Africa and will work alongside the appropriate NHBRC forums and industry advisory committees on which it now has representation.

From left Qinisani Mbatha, President of the Association of South African Quantity Surveyors and then Acting CEO Dr Jeffrey Mahachi

The houses were built by prison warders, who were provided with on-the-job training by Amanda Dlaku, a quality assessor with the NHBRC

out & About

NHBRC • 18

In support of 16 Days of Activism for No Violence Against Women and Children, NHBRC KZN formed a joint partnership with the Department of Correctional Services, the Department of Human Settlements and the eThekwini municipality, to build two houses for disadvantaged families in Chatsworth, Durban. The houses were built by prison warders, who were provided with on-the-job training by Amanda Dlaku, a quality assessor with the NHBRC. Once the houses were built they were handed over by the Honourable Mayor for eThekwini’s Municipality; Councillor James Nxumalo, and the MEC of Human Settlements and Public Works, Ravi Pillay.

16 Days of Activism

Correctional Services warders with NHBRC Quality Assessor Amanda Dlaku (in blue top)

Stakeholder Relations and Communication Coordinator Noxolo Mnculwane (in blue top), MEC Ravi Pillay and Nomasonto from KwaZulu-Natal Human Settlements

KwAZULU-NATAL

out & About

NHBRC • 19

Contractors workshop at Umjindi Municipality, Mpumalanga

On 28 November 2012 the NHBRC hosted a contractors workshop at the municipality hall, to urge non-compliant builders to comply with the provisions of the Housing Consumer Protection Measures Act 95 of 1998. The aim of the workshop was to inform contractors about the valuable final products (VFP) of the NHBRC in the Barberton area and to induct them into the organisation. Councillors and officials of the municipality welcomed and supported the workshop.

NHBRC Quality Assuror Jonathan Masoleng (in blue top) with attendees at the Contractor’s workshop Umjindi Municipality, Mpumalanga

The aim of the workshop was to inform contractors about the Valuable Final Products (VFP) of the NHBRC in the

Barberton area and to induct them into the organisation.

LImPOPO AND mPUmALANgA

The community of Happy Valley celebrated the handover of keys to their houses on 24 January 2013. Happy Valley, located close to the industrial area of Blackheath in the Cape Peninsula, started out as an unserviced informal settlement 20 years ago and at times, accommodated up to 1 500 people. A total of 1 400 units built by ASLA will be completing the housing project soon. The City of Cape Town and the Western Cape Government provided the finance. The NHBRC Western Cape was responsible for the structural quality control of the houses. Eskom will be delivering the related infrastructure and electricity. The community of Happy Valley, represented by a committee, has pursued to overcome difficulties in their quest to have homes, not merely informal structures. “Thank goodness, we are now out of the water,” said one of the committee members. The Cape Town mayor, Patricia De Lille, urged the community to appreciate their homes. Helen Zille, the Western Cape, Premier, acknowledged the historic milestones in building the houses. “At times Happy Valley was Unhappy Valley”, Ms. Zille said. After 20 years the community of Happy Valley is finally truly happy.

Truly Happy in Happy Valley

wEsTERN CAPE

Members of the Happy Valley Housing Committee expressed their cheer at receiving their homes. The Ward Councillor for Sub council 21, City of Cape Town, Mr Bert Van Dalen is behind the lectern

Mr Muller (centre) became the proud owner of his own home in Happy Valley on 24 January 2013. Two security officials from the City of Cape Town weresharing in his joy

mALAmULELE, LImPOPO

out & About

NHBRC • 20

NHBRC Limpopo hosted the provincial leg of the NHBRC Road Show at Malamulele Boxing Gym on 22 November 2012.

The main purpose of the Road Show was for NHBRC to elaborate on the mandate of the council and the need to comply with the Housing Consumer Protection Measures Act 95 of 1998 (as amended).

Tshepo Ramala presenting at the Malamulele Road Show, Limpopo

Audience at Malamulele Road Show, Limpopo

Malamulele Road Show

ThULAmAhAshE, mPUmALANgA

out & About

Photo caption: Zeona Fourie (Secre-tary) and Ernest Prinsloo (RQA: West-ern Cape) at the NHBRC stand.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

NHBRC • 21

The NHBRC, the National Youth Development Agency (NYDA) and the Department of Human Settlements launched a youth project at Bushbuckridge on 9 November 2012. One of the valuable final products of the organisation is to offer training to all its emerging contractors.

The purposes of the youth project are to develop and empower the youth and to create awareness of the NHBRC. Learners will receive a CETA-accredited certificate upon completion of this training. Stipends will be offered to all the learners who have enrolled and attended the courses in bricklaying and plastering (practical and theory). These programmes will help them become better entrepreneurs.

The purpose of the youth project is to develop and empower the youth and to create awareness about the NHBRC and its mandate

Stakeholder Relations and Communication Coordinator Thapelo Sibanda addressing the Youth Project Launch attendees, Mpumalanga

Youth Project launch

NHBRC • 22

Province Office Address Postal Address Telephone Number Fax Number

Gauteng Head Office 10 Muswell Road South 461 Randburg 2125 (011) 317 0000 (011) 317 0105 Bryanston Medscheme Building Docex 96, Randburg Woodmead Building E, Country Club Estate, Woodmead Drive (011) 525 5500 (011) 804107 Pretoria 524 Sancardia Shopping (012) 444 2600 (012) 326 3432 Centre, Cnr Church & Beatrice Street

KwaZulu- Durban Suite 502, Fifth Floor, Private Bag X54311 (031) 374 8100 (031) 374 8135Natal The Marine Building, 22 Durban 4001 Dorothy Nyembe Street Shelly Beach Shop 13 Tradewinds (039) 315 0488 (086) 630 8977 786 Portion 13 Phase 1, Marine Drive

Newcastle Suite 3 First Floor (034) 312 3507 (034)3125474 Block A, 2 Whyte Street

Eastern Cape Port Elizabeth 40 Pickering Street, 34600 Newton Park (041) 365 0301 (041) 365 4101 Newton Park, 6045 6055

George 14 Fairview Office Park Docex 123 (044) 871 1209 (086) 520 0743 1st Street George East Eastern Cape 6529 East London 8 Princess Road, (043) 721 1377 (086) 637 6239 Vincent

Mpumalanga Nelspruit Suite 201 Medcen 282 Nelspruit 1200 (013) 755 3319 (013) 755 3013 Building, 14 Henshall Street, 1201

Witbank Block 5C & D, First Floor (013) 656 1641 (013) 656 0993 Bureau De Paul Business Park Corridor Crescent

Limpopo Polokwane Suite 702 Gabbles 12624 Bendor (015) 297 1519 (015) 297 7517 Building, 81 Hans Polokwane van Rensburg Street

Tzaneen 61F Bert Booysen (015) 307 6459/6156 (015) 307 6017 Street

Bela Bela 18 Sutter Ave, Warmbaths (014) 736 6043/4513 (014) 736 2349

Thulamela Room 105 First Floor (015) 962 7500 Municipality Old Agriven Building ext. 7799 Civic Centre, Thulamela Municipality

Contact List

NHBRC • 23

Toll-Free: 0800 200 824 Fraud Hotline: 0800 203 698

www.nhbrc.org.za

North West Rustenburg North Block 1885 Rustenburg (014) 594 9900 (014) 594 9901 No 28, 63 Brink Street, 3000 2999

Klerksdorp Office No 174 First Floor (018) 462 0304 (018) 462 8444 Sanlam Park Building 29 President Kruger Street

Mafikeng Office B Andrew House Stand 10447B Dibate Corner James Moroka & DP Kgotleng Street, Mmabatho

Western Cape Cape Town Ground Floor Barinor 4429 Tyger Valley (021) 913 9210 (021) 913 9218 Vineyard, 7536 The Vineyard Office Estate 99 Jip De Jager Drive Welgemoet, Belville, 7530

Free State Bloemfontein Unit 4 Hydro Park, 98 12103 Brandhof (051) 448 7955/6/7 (051) 448 7960 Kellner Street, Westdene 9324 9301

Bethlehem 6A Cnr. President Boshoff Docex No. 18 (058) 303 0440 (058) 303 0443 & Bruwer Street, 9700

Northern Kimberley 13 Bishops Avenue, 88 Kimberley 8300 (053) 832 6850 (053) 832 6850Cape Block B, Sanlam Business Complex, 0124 Eric Molobi Tshwane Juventus Street (011) 317 0087 (086) 720 0338 Housing Soshanguve, Innovation Hub Pretoria East

Our fOOtprintTzaneen

Thohoyandou

Mafikeng

Polokwane

Rustenburg

Nelspruit

Witbank

Johannesburg

Newcastle

Durban

Shelly Beach

East London

Port ElizabethGeorge

Cape Town

Klerksdorp

Kimberley

Tshwane

Bloemfontein

Bela-bela

Bethlehem

(018) 384 2669 (018) 334 2668

NHBRC • 24

BOARD NOTICE 96 OF 2012 (Government Gazette 35384)

Name of BuilderNHBRC Reg. No

Names of Sole Traders Partners, Trustees, Members, Directors and their Identity Numbers

Date of Disciplinary

Reasons For Withrawal of Registration (Charges)

Building & Project Management

18535 Mr L De Villiers 4307175096085 30 March 2010

Failure to respond to Council’s correspondence, in contravention of section 11(1)(e) of the Act

Failure to rectify structural defects to the enrolled home in contravention of section 13(2)(b)(i) of the Act

D Doig Hardware & Builders cc t/a Doig Builders

11815 Mr DJ Doig 5812185099085 30 March 2010

Failure to respond to Council’s correspondence, in contravention of section 11(1)(e) of the Act


Upbeatprops 158 (Pty) Ltd 9679 Mr SHM Gomes 6310125206083 7 April 2010Failure to rectify non-structural defects to the enrolled home in contravention of section 13(2)(b)(ii) of the Act

Carlia Construction cc t/a Buildpro

8041 Mr PJ Lessing 6907040090086 7 Aprial 2010Failure to rectify non-structural defects to the enrolled home in contravention of section 13(2) (b) (ii) of the Act

Fairlane Home Builders 8093 Mr M Moodley 5208195129089 07 April 2010Failure to rectify non-structural defects to the enrolled home in contravention of section 13(2)(b)(ii) of the Act

SI Pursad t/a Pursad Civils & Construction

20491 Mr SI Pursad 5802085069080 07 April 2010Failure to rectify non-structural defects to the enrolled home in contravention of section 13(2)(b)(ii) of the Act

Randpark Ridge Ext. 60 Developments (Pty) Ltd

5399 Mr D Da Silva 5410245125006 14 April 2010Failure to rectify non-structural defects to the enrolled home in contravention of section 13(2)(b)(ii) of the Act

LW Homes 2378

Mr GA Lamont 5411055011005 18 June 2010Failure to rectify structural defects in contravention of section 13(2)(b)(i) of the Act

Mr JF Woldendorp 5511265025081

Failure to respond to Council’s correspondence in contravention of section 11(1)(e) of the Act

National Home Builders Registration Council (NHBRC)Housing Consumers Protection Measures Act 95 of 1998 (as amended)

Names of Home Builders whose registration has been withdrawn by the NHBRC

BOARD NOTICE 96 OF 2012

* CommitteeIn terms of regulation 6(6) of the regulations regarding NHBRC disciplinary proceedings as prescribed in Government Notice R1409 and published in Government Gazette 20658 of 1 December 1999, read with Sections 7(1)(a)(i), 7(2)(c) and 27(1) of the Housing Consumer Protection Measures Act 95 of 1998 (as amended), where the Disciplinary Committee has imposed withdrawal of registration of a home builder, the Council must publish the following in the Government Gazette:

1. The names of such companies, close corporations, partnership or sole traders2. The names, identity numbers of the directors, members, trustees or partners, and3. The reasons for such withdrawal

The Home Builders have been informed in writing about the outcome of the hearings and were also informed of their rights with regard to appeal or review of the matters in terms of Section 22(1) or (2) of the Act.

Stass Renovations 7152GD Stassen 7701015069087 18 June 2010

Failure to rectify structural defects in contravention of section 13(2)(b)(i) of the Act

D Stassen 5211125014009 Failure to respond to Council’s correspondence in contravention of section 11(1)(e) of the Act

JGB Louw 9441 23 June 2010



Orchard Bouers 416 RA Orchard 5609015103008 28 June 2010



Harlequin Duck Properties 75 (Pty) Ltd

10066 A Acavalos 3812185288185 28 June 2010



Grand Select Fifteen (Pty) Ltd

13365 Mr HJ Smith 6109095038083 28 June 2010



BPI (Pty) Ltd 6101 FM Kempen 5609135116005 12 July 2010



Tripem Construction cc 11555Mr JH Marais 7011305066086

13 July 2010


Mr M Marais 7204055161088Failure to respond to Council’s correspondence in contravention of section 11(1)(e) of the Act

M & R Konstruksie Trust 928 M Thomas 5310025082007 12 July 2010



Lamberti & Son 7228 October 2010

Failure to respond to Council’s correspondence, in contravention of section 11 (1) (e) of the Act


J Jansen Van Rensburg 14216Mr J Jansen Van Rensburg 5911145078088

October 2010



Ron Veldsman t/a Ron Veldsman & Associates

36746 Mr R Veldsman 5509285101080 October 2010



Robinson Developers t/a The Robinson Developers

17293 Mr BS Robinson 5909295211087 October 2010


Failure to respond to Council’s correspondence in contravention of section 11 (1 )(e) of the Act

MU Kafaar t/a Kafaar Builders

30737 Mr MU Kafaar 560609514908 October 2010



Christie Leon Builders Contractors & Pro cc t/a CL Builders Contractors & Project Management

9259Mr Abraham Christie Leon 5802015148087

October 2010



Roof Extensions cc t/a HH Room in Roof

5965Doreen O’ Grady 2605230091088 October 2010


Mr DP Matthysen 7608300074088


NHBRC • 25

Plantlech (Pty) Ltd 12914JF Cillie 5509075024088

October 2010


WC Van Der Merwe 5812235083089


Grand Select Fifteen (Pty) (Ltd)

13365 Mr HJ Smith 6109095038083 October 2010



Boubel BK 5431 Mr G Visser 4911155005089 October 2010



Proud Home Builders 16874 Mr SJ Hansen 6010315205016 October 2010



G Abel Labour Services 11696 Mr GA Abel 6310185169015 October 2010



A F Marais t/a Redelinghuys Ingenieurs

41003 Mr AF Marais 6607185209083 October 2010



ETR Building Construction cc

2685TE Ramakulukusha 6704135782085

October 2011



Kusa Kusa Project Management cc t/a Kaya-Mia Housing

25269Mr DJ Janse Van Rensburg 6402015082003

October 2010

Failure to rectify non-structural defects in contravention of section 13(2)(b)(ii) of the Act


Siyakhona Projects 20239Mr CB Charles 7711055111087 October 2010


Mr MA Charles 5001275075086 Failure to respond to Council’s correspondence in contravention of section 11(1)(e) of the Act

J A L Consulting 5508 March 2011

Failure to rectify structural defects in contravention of section 13(2)(b)(i) of the Act Failure to respond to Council’s correspondence in contravention of section 11(1)(e) of the Act

MMS Home Improvement Services cc t/a Hometech

2358 S Sleigh 5005075018089

March 2011 Guilty

Failure to rectify roof leaks to the enrolled home in contravention of section 13(2)(b)(iii) of the Act

R25,000.00 fineFailure to respond to Council’s correspondence in contravention of section 11(1)(e) of the Act

R10,000.00 payable to the homeowner

K Losper t/a ABC Contractors and Estate Agents

22658 Ms K Losper 7102120187080 March 2011



Addus Samad Parker 34944 Mr AS Parker 7308145285086 March 2011

Failure to rectify structural defects in contravention of section 13(2)(b)(i) of the Act Failure to respond to Council’s correspondence in contravention of section 11(1)(e) of the Act

Friends Corporation International cc

36109 Mr SS Mughal 7309155395088

March 2011 Guilty


R25,000.00 fine R10,000.00 payable to

the housing consumer


Imvusa Trading 29 cc 15659 Mr JA Louw 5804165136003 March 2011



Exclusive Finance (Pty) Ltd t/a Exclusive Finance Properties

35930Mr JJ Swart 6501125156084

15 March 2011Failure to rectify structural defects in contravention of section 13(2)(b)(ii) of the Act Mrs C Swart 6610230039083

NHBRC • 26

James Arendse Konstruksie 2390 Mr JE Arendse 6501285102019 23 May 2011Failure to rectify structural defects in contravention of section 13(2)(b)(i) of the Act

De Beer Builders cc 26008 Mr NJ De Beer 5706275046081 08 July 2011Failure to rectify structural defects in contravention of section 13(2)(b)(i) of the Act

SPD Projects (Pty) Ltd 7641Mr L Silindzisa 5202035831087

07 July 2011


W Silindzisa 8209235288080Failure to respond to Council’s correspondence in contravention of section 11(1)(e) of the Act

Eerstenhuis cc 2648 CC Williams 4801195065088 14 July 2011



Nobel Construction 6180 Mr Abdul Ryklief 6202235214083 15 July 2011Failure to rectify structural defects in contravention of section 13(2)(b)(i) of the Act

Menco Construction cc 39037Mrs MEC Coetzee 7101110208085

5 December 2011


Failure to rectify roof leak in contravention of section 13(2)(b)(iii)


Bunting General Contractor 14918Mr P Maroos 5403255138084 Mr S Bunting 6505145205086

6 December 2011


Tame Builders t/a BLT Builders

20322 Mr LB Tame 470321512108328 November

2011Failure to comply with NHBRC Technical Requirements in contravention of section 12(1)(a)(b) of the Act

IP Anderson Projects & Construction PTY

23408

Mr G Lazzarotto 4212105040080

30 November 2011

Failure to rectify roof leaks in contravention of section 13(2)(b)(iii)


Mr PR Retief 5103165110005Mr G Ernsteen 5108095065088

Mr N Peters 5605175115089

Mr RD Jones 5003245028005

JH Properties 123 cc 37824 Mr J Hattingh 600727500208628 November

2011



Chablis Investments (Pty) Ltd

47267 Mr HF Smith 600103508000330 November

2011



RTA Construction cc 3706 Mr R Abrahams 660516568308728 November

2011



Hlulany Trust t/a Hlulany Homes

19242 Mr CH Le Roux 710620503208716 February

2012

Failure to rectify non-structural defects in contravention of section 13(2)(b)(ii) of the Act Failure to respond to Council’s correspondence in contravention of section 11(1)(e) of the Act

OL Trosello t/a LT Construction

13011 Mr OL Trosello 8005025028086 07 March 2012



De Jager en Du Preez Ontwikkelings cc t/a Joseph De Jager en Seun

1256Mr Jan BC Bothma 5312175097082

07 March 2012



Raemor Trading 206 cc t/a Eya Chesa Property Development

39923 Mr M Lambooy 6903045452082 19 March 2012Failure to rectify non-structural defects in contravention of section 13(2)(b)(ii) of the Act

M Nel Konstruksie 31013 Mr M N Nel 6604075220080 20 March 2012Failure to rectify non-structural defects in contravention of section 13(2)(b)(ii) of the Act

Berkeley Property Holdings CC

22034 Mr E Hendricks 6911105146080 12 March 2012

Failure to enrolment a new home with the Council atleast 15 days prior to commencement of construction in contravention of section 14(1) of the Act


NHBRC • 27

Q: What is the NHBRC’s role in protecting and enforcing the rights and obligations of both the housing consumer and home builder?The NHBRC is a creature of statute and can therefore only exercise its powers in terms of the legislation/Act that created it. This Act is called the Housing Consumers Protection Measures Act, Act 95 of 1998. In terms of this Act, the NHBRC has the mandate to protect the interests of the housing consumer by providing warranty protection against defects in new homes as well as to regulate the home building industry. The Act has a number of provisions that stipulate what the rights and obligations of both the housing consumer and the home builder are. In addition to the Act, there are Rules and Regulations which prescribe the processes for implementing the Act. There is also a Code of Conduct which provides the minimum business and ethical standards to be maintained by all home builders that are registered with the NHBRC. Like the Act, the Rules, Regulations and the Code

NHBRC • 28

Did You Know

Know Your Rights!

of Conduct also provide for the rights and obligations of both the housing consumer and the home builder. A summary of the Code of Conduct can be requested at any office of the NHBRC countrywide

Q: What would be one of the important rights that housing consumers should know about?Each and every housing consumer has a right to a sustainable, habitable and quality home. It is therefore important for housing consumers to seek information so that they are well informed about their rights before, during and after construction of their new homes. In this regard, the NHBRC becomes one of the first points of call to provide clarity on, amongst other things, its role in the home building industry, how it protects the interests of the housing consumer, what the housing consumer should expect, request and/or demand from the home builder, what to do when the home builder is not complying with the Act, etc.

As South African citizens we have our rights, but with those rights come obligations. So too in the building industry, where housing consumers and home builders have rights and obligations. The NHBRC’s Manager for Compliance and Enforcement Section, Julia Motapola, takes us through the important aspects of what those rights and obligations are

Q: What else should a housing consumer know before construction begins?One of the critical provisions of the Act relates to the conclusion of a contract between the home builder and a housing consumer. In terms of the Act, a home builder must ensure that there is a written contract, which must be signed by both parties before any construction commences. It further states that a home builder may not demand or receive any deposit for the construction or sale of a home unless an agreement between the home builder and the housing consumer has been concluded. Unfortunately, majority of housing consumers do not know nor understand these requirements. In addition to the above, the Act provides that any person who carries on the business of a home builder or receives any consideration (e.g. a deposit) as part of the agreement with a housing consumer for the sale or construction of a home must be registered with the NHBRC. The Act also requires the home builder to enroll the housing

consumer’s house before construction begins. These two provisions of the Act create obligations on the part of the home builder, but in the same vein, give the housing consumer the right to know whether the home builder is registered with the NHBRC and whether the house is enrolled with the NHBRC; and if so, demand a copy of the enrolment certificate. The housing consumer is also entitled to a minimum of four NHBRC inspections as part of ensuring compliance with the NHBRC technical standards and ultimately, a habitable and quality home. As highlighted above, with rights come responsibilities. In this regard, a housing consumer has a responsibility to pay the enrolment fee to the NHBRC, through the home builder. In essence, the above means that each and every housing consumer has a responsibility to know and understand not only their rights, but also their obligations as part of ensuring efficiency, professionalism and ethical standards in the industry.

Q: How are the rights of the home builder protected?The above requirement to have a written contract which is signed by both the home builder and the housing consumer serves to protect the home builder as well. For example, the contract must set out the financial obligations of the housing consumer. This means that if the housing consumer fails to pay the home builder as per the contract, the home builder will have a right to hold the housing consumer contractually liable for such a breach.

Q: Why should homes be enrolled with the NHBRC?In terms of the Act, all new homes must be enrolled with the NHBRC 15 days before construction commences. This gives the NHBRC an opportunity to assess geoscience reports and determine whether the identified site and soil conditions adhere to technical requirements and standards. Enrolment of a home also allows the NHBRC to send its inspectors to inspect the home and ensure that it is built according to the NHBRC technical requirements. A housing consumer therefore has the right to demand that their home be built in a workmanlike manner as per the NHBRC technical requirements and be fit for habitation. Again, the housing consumer’s rights become concomitant obligations on the part of the home builder.Q: What other important obligations does the housing consumer have?A housing consumer has an obligation to refuse the home builder access to the building site if the home builder is not registered with theNHBRC and/or has not enrolled the home with the NHBRC as required. Further, a housing consumer has an obligation not to put pressure on the home builder to start with construction of a home without having received an enrolment certificate from the NHBRC.

Q: Where there are defects after occupation of a home, what rights and obligations does a housing consumer have?It is the right of the housing consumer to have access to

a quality home. As a result, a housing consumer is entitled to certain warranties immediately after occupation of their home. If there are defects in the home, a housing consumer has an obligation to ensure that their complaint is, from the date of occupation, lodged within three months in respect of snag list; one year in respect of roof leak and five years in respect of major structural defects. A housing consumer has an obligation to comply with, amongst others, the following requirements: report the defects to the home builder in writing and within the warranty period as mentioned above; keep proof of notification; allow the home builder reasonable access, time and opportunity to rectify the defect; lodge the complaint with the NHBRC if the home builder fails to attend to the complaint or if the rectification is not to the housing consumer’s satisfaction. As part of protecting the interests of the housing consumer, the NHBRC will take over the process and deal directly with the home builder. This includes taking measures to insure that the home builder rectifies the defects, failing which the NHBRC may appoint another builder to do so.

Q: Does this mean the home builder is released from liability?No, where the NHBRC has incurred costs or expenditure as a result of a home builder failing to meet his/her obligations in terms of the Act, the NHBRC has the power to demand reimbursement of such reasonable costs or expenditure from the said home builder.

OBC

Calore has a stunning range of original and elegantly designed

Italian wood burning fireplaces. Our fireplaces blend perfectly

into modern and contemporary environments offering a number

of installation possibilities. Selected fireboxes can be fitted with

the exclusive Multifire System allowing you to heat your home

from a centrally positioned fireplace. The best time to speak to

us is at the planning stage. So if you’re renovating or building a

new home visit Calore at one of the stores listed below. You’ll

receive warm, expert advise on how to choose the right system

for the space you plan to heat.

CAPE TOWN JOHANNESBURG

www.calore.co.za

LIVE WARM. LIVE GREEN.

Calore fireplaces and stoves

Unit 64 Northlands Deco ParkCnr Witkoppen and New Market RoadsNorthriding, RandburgTel: +27 11 796 5098

Italcotto Centre Christiaan Barnard StreetCape TownTel: +27 21 425 4192

facebook.com/calorefireplacestwitter.com/caloresa

T I LE S - BAT H WA R E - F I R E PLAC E S

A PERFECT HARMONY OF FORM AND FUNCTION

alternative building - nhbrc : national home ... building technologies onboard mongezi mnyani joins...

Documents