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1 GOVERNMENT GAZETTESTAATSKOERANTVAN DIE REPUBLIEK VAN SUID-AFRIKACAPE TOWN, 2 NOVEMBER 1998vol. 401No. 19418 KAAPSTAD, 2 NOVEMBER 1998 OFFICE OF THE PRESIDENTNo. November 1998 [t is hereby notified that [he President has assented to thefollowingAct which is hereby published for generalin fornlation:-No. 95 of 1998 : Housing Consumers protection Me~sures Act, VAN DIE PRESIDENTNo. November 1998 Hierby word bekend gemaak dat die President sy goed-keuring geheg her aan die onderstaande Wet wat hierby teralgemene inligting gepubiiseer word:-No. 95 van 1998 : Wet op Beskermingsnlautre21s vir Behui -sings verhruikers. (), 19418GO\ ERNNl ENTGAZf:TTF:,2 XOVE\ IOY8 Act N(). 95, 1998 HOUSIXG CONSLINIERSP R(;TECTION LMF; IY98(El~glis)l text signed IIY tile )(Assetlted t{) 20 O(t[]l?)]]}

2 Er 199cY. )ACTTo make provision for the protection of housing consumers; and to provide for theestablishment and functions of the National Home Builders Registration Council;and to provide for matters connected OF BILLS ectic~ HOME BUILDERS REGISTRATION COUNCILE stablishment of CouncilObjects of CouncilComposition of CouncilPowers of CouncilStaff of CouncilRegulating measuresReport to Minister and ParliamentAccess to informationCHAPTER IIREGISTRATION OF HOME BUILDERSR egistration of home buildersWithdrawal and suspension of registrationHome Building ManualCHAPTER 111 protection OF HOUSING CONSUMERSC onclusion of agreements and implied termsEnrolmentCHAPTER IVFINANCIAL MATTERSF unds of CouncilManagement of fundsClaims and recourse510154\().

3 L~)41x(;()\ tKS\lkNT GA7,ETTE. 2 NOVEMBER 1998 /\ct N(). 9j, 1998H()[ SIXG CONS([NIERS protection (IRES ACT. IL)C)XCHAPTER YI,EGAL ENFORCEhlENTO bligations of nlortgtigees. conveyancers and provincial housing developmentboardsInspectorsInterdictsOti encesReview, arbitration and appealCHAPTER \ INIISCELLANEOUS NIATTERSC ouncil Advisory CommitteeNoticesEvidential mattersDelegationRegulationsDissolution of CouncilExemptionTransitional provisionsShort title and commencements( b~dll[~Transitional provisionsBE IT ENACTED by the Parliament of the Republic of South Africa. asfollows: Definitions1. [n this Act. unless the context indicates otherwise (i)(ii)(iii)(iv) business of a home builder. rneans ([i)(b)(c)(d)to construct or to undertake to construct a home or to cause a home to beconstructed for any person;to construct a home for purposes of sale or otherwise disposing of suchhome:to sell or to otherwise dispose of a home contemplated in paragraph (c/)or (b) as a principal; orto conduct any other activity that may be prescribed by the Minister forthe purposes ~>f this does not include (i) the bf~n~l fide building of a home by any person for occupation by thatperson:(ii) the bona fide assistance to a person contemplated in paragraph (i) by aperson who is not a registered home builder, in the building of a home: or(iii) the sale or disposal by a housing consumer of his or her bonafide home;(iii) Chief Executive Oficer.)]]]]]

4 Means the Chief Executive Oficer appointed interms of section 6; (xii) Companies Act, means the Companies Act, 1973 (Act No. 61 of1973); (xx) competent a registered person in terms of the EngineeringProfessions of South Africa Act. 1990 (Act No. 1 I 4 of 1990). or a personregistered in terms of section 11 of the Natural Scientific Professions (Act No. 106 of 1993). and holding the indemnity insurance prescribedby the Council in respect of the certification of-(u) the appropriateness of design and construction of homes:(b) compliance with the Hc~nle Building Manual: andI oIs2530354045506NC). 19418GO\ F. R\.MEXT GAZETTE . 2 NOVEMBER 1998 Act No. 95, 1998 HOUSING CONSUklERS protection MEASL RES ACT. IYYX(v)(Ii)(\ii)(\rll)(ix)(x)(xi)(xii)(x iii)(xiv)(xv)(xvi)(xvii)(xviii)(xix)(xx) (xxi)(xxii)(xxiii)(xxiv)(xxv)(c) any other matter (hut may be required to be certified in terms of the HomeBuilding Manual: (i\).

5 Council nlean~ the National Home Builders Registration Council estab- .c~uncl] Advisory Committee . means the Council Advisory Committee onNational Home Builders Registration Council Matters established in terms ofsection 23: ( i ) cour t. means a competent court within its area ofjurisdiction; (xi). the Director General of the Dep~rtment ofHorrsin~: (v) enroll means the submission by a home builder of a request for aparticular home to be entered into the records of the Council and thecompleted accepttince thereof by the Council in terms of section 14( I ) or (2),as the case may be; (xvi) enrolment a fee prescribed by the Council under section7(l)(u) (iii): (xvii) fund . means a fund contemplated in section 15(4) or (5); (vii) funds advisory the funds advisory committee establishedin terms of seciion 16(2): (viii) home.

6 Means any dwelling unit constructed or to be constructed by a homebuilder. after the commencement of this Act. for residential purposes orpartially for residential purposes, including any structure prescribed by theMinister for the purposes of this definition or for the purposes of any specificprovision of this Act. but does not include any category of dwelling unitprescribed by the Minister: (xiii) home builder . means a person who carries on the business of a homebuilder: (xiv) Home Building means the Home Buildin& Manual published bythe Council in terms of section 12: (xv) housing means a person who is in the process of acquiring or hasacquired a home and includes such person s successor in title; (ii) inspector means an inspector referred to in section 19: (xviii) local &overnrnent means a local GOVERNMENT body as defined insection 1 of the Local ~JoVerrIment Transition Act.

7 1993 (Act No. 209 of1993); (xxiv) major structural means a defect which gives rise or which is likely togive rise to damage of such severity that it affects or is likely to affect thestructural integrity of a home and which requires complete or partialrebuilding of the home or extensive repair work to it, subject to the or exclusions that may be prescribed by the Minister; (vi) MEC means the member of the Executive Council of a province desi&natedby the Premier of that province to be responsible for housing matters in theprovince; (xix) NHBRC Technical Requirements means the requirements prescribed undersection 7(2)(d); (xxii) occupation date. means the date on which the housing consumer firstacquiring the home accepts the home as reflected in a document confirmingsuch acceptance and, in the event of such document not having been receivedby the Council or the Council for any reason not being able to determine suchdate, the date reflected in the certificate of occupancy issued by the relevantlocal GOVERNMENT body contemplated in section 14 of the National BuildingRegulations and Building Standards Act.

8 1977 (Act No. 103 of 1977); (xxiii) organ of state . means an organ of state as defined in section 239 of theConstitution; (xxx) prescribe means, in relation t~(a) the Minister, except in section 4(6), prescribe by regulation in theGa:erfe after consultation with the Council: and(b) the Council, except in section 7( 1 ), prescribe in a circular to all registeredhome builders: (xxxi ) provincial housing development board means a provincial housingdevelopment board referred to in section 8 of the Housing Act, 1997 (Act of 1997), and any successor in title or any agent of such board, includingany department responsible for housing in a provincial administration and any51015~o25303540455055608X(). 1941XG()\ F:RNNIENT GAZETTE . 2 NOVEMBER 1998 Act N{).}

9 }{01 SIX(; (ONSLlh4 ERS protection MEASLJRES ACT, 1998organ of state which may grant a state housing subsidy or any entity to whichsuch power has been dele&ated or granted in terms of any law: (xxv)(xxvi) means the Minister of Housing; (xxi)(xxvii) registered home builder .means a home builder registered with the Councilin terms of this Act: (ix)5(xxviii). re&ulation. means a regulation made under this Act: (xxviii)(xxix) Rules. means the Rules of the Council prescribed under section 7: (xx\ii)(xxx) state housing subsidy .means any national housing pro&ramnle undersection 3(4)(g) of the Housing Act, 1997 (Act No. 107 of 1997). including thehousing assistance measures referred to in section 3(5) of the said Act: (xxix) 10(xxxi) this Act includes any regulation, the Rules.))

10 The Home Building Manual andany circular prescribing any matter that a home builder has to comply with interms of this Act, (x)CHAPTER INATIONAL HOME BUILDERS REGISTRATION COUNCILE stablishment of Council2. The National Home Builders Registration Council is hereby established as a of Council3. The obiects of the Council shall be 20Is(a)(b)(c)(d)(e)(B(g)(h)(i)(j).to represent the interests of housing consumers by providin& warrantyprotection against defects in new homes;to regulate the home building industry;to provide protection to housing consumers in respect of the failure of homebuilders to comply with their obligations in terms of this Act: 25to establish and to promote ethical and technical standards in the homebuilding industry;to improve structural quality in the interests of housing consumers and thehome building industry;to promote housing consumer rights and to provide housing consumer 30information;to communicate with and to assist home builders to register in terms of thisAct.)