Direct Answer
If your newly built home has defects, you have rights under the Housing Consumer Protection Measures Act (NHBRC warranty), the Consumer Protection Act, and the common law. Major structural defects are covered for five years; roof defects for one year; other defects for 90 days.
What the Law Says
Your Legal Foundation
Housing Consumer Protection Measures Act 95 of 1998
Section 17
“Every home builder must register with the NHBRC. The NHBRC provides a five-year warranty against major structural defects, one-year warranty for roof leaks, and 90-day warranty for general defects.”
Consumer Protection Act 68 of 2008
Section 55–56
“Goods (including a newly built home sold by a developer) must be fit for purpose and of good quality. You have the right to repair, replacement, or refund within six months.”
Common Questions
Frequently Asked Questions
What major structural defects does the NHBRC warranty cover?
Foundation failure, structural cracks, roof structure failure, and any defect that compromises the structural integrity of the home. Cosmetic defects (paint, tiles) are generally not covered after 90 days.
Is the developer responsible if I bought the house second-hand?
The NHBRC warranty runs with the property — a second owner within the warranty period is also protected for remaining warranty time.
What if my builder is not registered with the NHBRC?
Building without NHBRC registration is illegal. Report the builder to the NHBRC and file a complaint. The NHBRC can prosecute and the builder remains civilly liable.
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