My New House Has Defects — Rights Against Developers in South Africa
New house with defects in South Africa? The NHBRC warranty and Consumer Protection Act protect you. Know how to claim from the developer or builder.
FreeSouth African Law2 related guides
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.
The law above is general — your case may be different
Describe exactly what happened and get a specific answer based on your facts. 2 free answers, no account needed.
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.”
Immediate Steps
What to Do Right Now
1Notify the builder/developer in writing of each defect, within the warranty period, with photos and a clear description.
2Allow a reasonable time for repair (typically 30 days). If repairs are inadequate, issue a further written notice.
3Lodge a complaint with the NHBRC (011 317 0999 | nhbrc.org.za) for structural or major defects if the builder fails to repair.
4Claim under the CPA at the National Consumer Tribunal or Consumer Goods and Services Ombud if the sale was a consumer transaction with a developer.
What to Say
Exact Words to Use
“"I am formally notifying you of the following defects in my new home, in terms of the NHBRC warranty and the Consumer Protection Act, and I require you to repair them within 30 days."”
Tone: formal
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
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.
Knowing the law is step one. The Advocate trains you to use it — with 149 real South African scenarios, exact rebuttals, law references, and Scripture. Free to start.