NHBRC warranty periods explained: 3 months, 1 year and 5 years

What is the NHBRC?

The National Home Builders Registration Council (NHBRC) regulates home builders in South Africa. Builders must register with it and enrol each new home before building starts. Enrolment is what gives you, the buyer, the warranty protection described below.

These protections come from the Housing Consumers Protection Measures Act of 1998. They're minimums: your sale agreement can give you longer, but never less.

The three warranty periods

All three run from the date you take occupation of the home.

1. Three months: minor defects

The builder must fix anything that doesn't match the plans and specifications of your home. This is your snag list: paint patches, cracked or hollow tiles, doors that stick, dripping taps, poorly finished silicone, missing fittings and so on.

This is the deadline people miss most. Three months goes quickly while you're moving in, and many small problems only show up after a few weeks of living in the house. Report everything you find, in writing, well before the three months are up.

2. Twelve months: roof leaks

Roof leaks caused by poor workmanship, design or materials are covered for one year. Watch for brown water stains on ceilings, damp patches near the roof line and drips after rain. Report a leak as soon as you see it, with a photo and the date.

3. Five years: major structural defects

Major defects in the structure of the home, like foundations and load-bearing walls, are covered for five years. These are the serious ones: wide or growing cracks, doors and windows that suddenly jam because the frame has moved, or floors that sink. If you're worried about a structural crack, get an engineer to look at it.

How to report defects properly

1. Put it in writing. A phone call or a WhatsApp photo is easy to deny later. Send one clear report.
2. Date it. The date proves you reported within the warranty period.
3. Add photos and locations. Number each snag, say which room it's in and attach a photo.
4. Keep proof that you sent it, like the email you sent, and ask the developer to confirm receipt.
5. Re-inspect after repairs. Mark each item Fixed or still Open, and send a follow-up for anything outstanding.

KeyCheck does this for you: it builds a dated PDF report with a photo of every snag, and the developer's rep can even sign it on your phone at the inspection.

What if the builder won't fix it?

First give the builder a fair chance to respond to your written report. If they don't respond, or refuse to fix valid defects, you can lodge a complaint with the NHBRC. The NHBRC runs a conciliation process between you and the builder, and for enrolled homes it can step in when the builder can't or won't fix the defects.

You'll need your written reports, photos and dates. That's why reporting properly from day one matters. You can find contact details on the NHBRC website.

What's changing: the Housing Consumer Protection Act

The Housing Consumer Protection Act, 2024 will replace the 1998 Act. It has been signed into law, but it only takes effect from a date the minister announces, and is expected around 2027. Among the changes:

• Cover for roof leaks extends from one year to two years.
• Warranty cover starts at the construction stage, not only at occupation.
• Developers, not only builders, must register with the NHBRC.

Until the new Act commences, the current periods above apply.

Quick answers