NHBRC. The BUILDER will on behalf of the PURCHASER obtain the NHBRC enrolment certificate and will abide by all the rules and regulations imposed by the NHBRC from time to time.
NHBRC. The NHBRC registration fee forms part of the contract price and the employer authorises the attorney to pay such fee from cash held in trust directly to the NHBRC or the employer will sign the necessary release form to release the required amount from the bond. The Contractor will on behalf of the Employer obtain the NHBRC enrollment certificate and will abide by all the rules and regulations imposed by the NHBRC from time to time.
NHBRC. The Seller and the Builder will, on behalf of the Purchaser ensure that the Builder obtains the required NHBRC Enrolment Certificate/s in the name of the Builder and undertakes to abide by all the Rules and Regulations imposed by the NHBRC from time to time.
NHBRC. It is hereby recorded that Porta Property Development Jhb (pty) Ltd t/a Porta Property Development Jhb Pty Ltd (1997/015868/07) will attend to the construction /building of the sectional title unit and be the responsible Contractor/ Registered Home Builder registered with the National Home Builders Registration Council (NHBRC) and undertake to comply with the required legislation and the regulations of the act.
NHBRC. 18.1 The purchase price includes the NHBRC fees, which are payable upon request to the NHBRC for permission to build.
NHBRC. 23.1. In the event of this agreement being subject to the provisions of HOUSING CONSUMERS PROTECTIONS MEASURES ACT Act No. 95 of 1998 (as amended from time to time) it is hereby recorded and/or agreed as follows
23.1.1. That the SELLER is registered as a home builder in terms of the provisions of Section 10(1) of the aforementioned Act;
23.1.2. That the improvements will be completed in accordance with the technical requirements and guidelines which may from time to time be gibed and/or imposed by the NHBRC (National Home Builders Registration Council);
23.1.3. That this agreement includes the warranties as set out in Section 13(2) of the aforementioned Act namely: The agreement between a home builder and a housing consumer for the construction or sale of a home shall be deemed to include warranties enforceable by the housing consumer against the home builder in any court, that—
(a) the home, depending on whether it has been constructed or is to be constructed—
(i) is or shall be constructed in a workmanlike manner;
(ii) is or shall be fit for habitation; and
(iii) is or shall be constructed in accordance with—
NHBRC. In terms of the provisions of section 13(2) of the Housing Consumers Protection Measures Act 95 ractor give the following warranties enforceable by the Purchaser against the Seller and the Building Contractor in any court namely that-
30.1 the Property will have been constructed in a workmanlike manner, will be fit for habitation, and will have been constructed in accordance with the NHBRC Technical Requirements to the extent applicable to the Property at the date of enrolment of the Property with the Council and the approved building plans.
30.2 the Seller and the Building Contractor shall subject to the limitations and exclusions that may be prescribed by the Minister, at the cost of the Seller and the Building Contractor and upon demand by the Purchaser, rectify major structural defects in the Buildings caused by the non-compliance with the NHBRC Technical Requirements and occurring within a period of 5 (five) years as from the Date of Occupation and notified to the Seller by the Purchaser within that period and rectify any deficiency related to design, workmanship or material notified to the Seller by the Purchaser within a period of three months as from the date of Occupation and repair roof leaks attributable to workmanship, design or materials occurring and notified to the Seller by the Purchaser within 12 (twelve) months as from the Date of Occupation.
NHBRC. In the event that the scheme is not exempt from the provisions of section 10(6) of the Housing Consumers Protection Measures Act 95 of 1998 (HCPM Act), it is acknowledged by the parties that:
15.1 the Seller will be registered with the National Home Builders Registration Council (NHBRC) as envisaged in section 10(6)(b) of the HCPM Act;
15.2 the Seller appointed the Contractor who will likewise be registered with the NHBRC in terms of section 10(6)(a) of the HCPM Act and who will be bound to construct the units in the scheme in accordance with the NHBRC’s rules, requirements and regulations as envisaged in section 13 of the HCPM Act;
15.3 the Contractor will ensure that the units of the scheme are enrolled in accordance with section 14 of the HCPM Act.
NHBRC. It is recorded that the Scheme is exempt from the provisions of a Section 10(6) of the Housing Consumers Protection Act 95 of 1998 and the SELLER and/or the BUILDER are not required to register with the National Home Builders Registration Council. Furthermore, there is no requirement for the UNITS to be enrolled in accordance with Section 140 of Act 95 of 1998.
NHBRC. Notwithstanding anything to the contrary herein contained, the Seller confirm that for so long as may be required to give effect to the provisions hereof, it is and shall remain a member of the National Home Builders Registration Council (“NHBRC”) and shall comply with and abide by the standards and guidelines enacted and laid down by the NHBRC.
