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Developer fined R1.6m for non-compliance

18 August 2017

The National Home Builders Registration Council’s (NHBRC) Disciplinary Committee has imposed a fine of R1.6 million on a developer after failing to enrol residential units which were under construction at Elarduspark in Gauteng.

According to NHBRC, PJJ Van Vuuren Beleggings started the construction of 160 residential units at Erf 1943 Elarduspark, without enrolling the homes with the NHBRC.

This is in contravention of the Housing Consumers Protection Measures Act 95 of 1998, which requires all new homes to be enrolled with the NHBRC 15 days prior to construction.

Home enrolment insures consumers against poor building practises and permits the NHBRC to conduct building inspections at key stages of construction.

NHBRC Acting CEO Thitinti Moshoeu said this kind of non-compliance from builders is worrying as it seems to be a growing trend, where some home builders proceed with construction and do a late enrolment at a later stage.

Moshoeu said late enrolment of a home with NHBRC impacts on the quality of the house built and involve financial penalties.

“It is clear from the sanction imposed that such contraventions will be dealt with harshly and swiftly to send a message to would be offenders and to deter similar conduct in future which may have far-reaching implications for offending home builders,” Moshoeu said.

She added that NHBRC inspections are designed to mitigate building risks and to protect consumers against poor workmanship during construction.

A newly enrolled home can be subject to a minimum of four and a maximum of eight inspections, [and] this depends on the enrolment value of the home.

“We are very satisfied with this ruling and hope it will act as deterrent to those developers and builders who don’t adhere to the law. As the NHBRC we are committed to contributing to the creation of sustainable human settlements and adhering to good building standards.”

The developer has pleaded guilty to all 160 charges proffered by the prosecution and was accordingly found guilty as charged by the disciplinary committee.

Housing consumers who wish to build or buy a new home are advised to verify  builder registration and home enrolment beforehand with the NHBRC on either the toll free number (0800 200 824) or on the website www.nhbrc.org.za

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