Sunday 16 February 2020

The NHBRC warranty cover explained

The NHBRC Warranty Scheme provides warranty cover on all new mortgageable housing units, built or facilitated by a registered NHBRC Home Builder.
The Home Building Manual is for structures comprising of four storeys or less, including basements. Structures larger than four storeys should be submitted to the Technical Department of the NHBRC for consideration prior to enril as this would be deemed as non-standardized construction.
Construction Phase
The Home Builder will be required to provide the consumer with a contract stating the he will rectify, at his own expense, all latent as well as patent defects manifested during the construction phase.
First three to twelve months following occupation
The Home Builder will be required to rectify any deficiency related to workmanship and materials during a 90 day period as from the occupation. However, roof leaks would be repaired within the first twelve months of occupation.
Warranty Period
The Home Builder and consumer will be required, to conclude the Standard Builders Warranty, which obliges the Home Builder to rectify any defect of a patent or latent nature, in respect of the substructure, the superstructure and the roof structure for a period of five years following occupation.
At any stage during this five year period the NHBRC, at its sole discretion, may rectify defects in instances where a registered Home Builder is unwilling or unable to rectify a valid defect provided, however, that such instance is not within the first three months following occupation.

Exclusions from the warranty

The following are items specifically excluded from the Standard Home Builders Warranty:
  • willful acts of omissions of the consumer or residents
  • fire, explosion, lightning or damage caused by a third party
  • storm, flood, frost or earthquake or any other convulsion of nature
  • structured alterations, repairs, modifications or alterations to the housing unit as originally constructed and which affected the original structure
  • condensation, inadequate maintenance of abnormal use of housing unit or imposition of any load greater than that which the housing unit was designed or the use of the housing unit for any purpose other than which it was designed
  • subsidence or landslip from any cause related to a defect in the foundations
  • change in color, texture, opacity or staining or other aging process
  • pressure waves caused by air craft or other aerial devices travelling at sonic or supersonic speeds or the impact of aircraft or other aerial devices or articles dropped
  • loss of/or damage to any finishes unless they have to be repaired or replaced due to a structural defect in the residential structure
  • wear and tear, deterioration caused by neglect or damage caused by the failure of the consumer to timeously notify the Home Builder of any defect
  • anything which is of a petty nature and which any reasonable consumer could be expected to rectify
  • electrical and plumbing systems
  • misuse or abnormal use of the private drainage system

Which defects are covered by the warranty?

The cause of a defect in housing units affect strength, stability, durability and serviceability, will generally fall into one of these categories:
  • Undue ground movement resulting from an unavoidable situation
  • Inadequate structural strength due to underdesign/inadequate specifications, poor construction, overloading and indirectly applied loads resulting from the deflection, deformation or shortening of interconnected structural elements
  • Normal structural movement, including shrinkage and creep of materials such as concrete, thermal movements, movements due to moisture changes, deflection of structural components and moisture expansion of burnt clay units
  • The use of materials which are unsuitable as they are not in accordance with the Home Building Manual and/or specifications
  • The effects of chemical agents which when carried in the atmosphere, or water, or being in the presence of moisture, may result in the rusting and the corrosion of steel and other metals or the deterioration and disintegration on non-metallic materials such as concrete, masonry units, mortar, timber etc
  • The effects of vegetation whether direct on indirect
  • Abnormal events, including meteorological events such as high winds, floods, snow, hail and lightning, seismic events, fire and explosions
  • Failure to undertake necessary maintenance and repairs timeously resulting in a defect which could have been prevented
Defects can be minimized, if not eliminated, by ensuring that Home Builder responsible
  • Meets the requirement of the National Building Regulations
  • Adopts design practices and specifications that ensure satisfactory performance
  • Uses materials, products and building systems, which are suitable for the intended purpose
  • Carries out all work in a proper and workmanlike manner