Since my response to Roelie Rossouw's article on the NHBRC I have perused the amendment and fortunately the amendment provides for late enrolment. Not that it's without problems of its own. The NHBRC will require the home builder to satisfy them that the construction undertaken is in accordance with the NHBRC Technical Requirements and shall take prudent measures to manage the risks pertaining to the NHBRC fund. This includes a special inspection from a NHBRC inspector. In addition to the requirement to satisfy the NHBRC that their requirements were met, a late enrolment fee is payable and the NHBRC may require the home builder at the home builder's cost to rectify defects under the supervision of a competent person appointed by the home builder.

If the NHBRC inspector is unable to determine compliance to the Technical Requirements, the NHBRC may appoint a competent person to inspect the home and complete a report. It is foreseeable that this competent person might be an engineer. The cost of the work to expose work done in order to allow the competent person to do his report will all be for the home builder. In addition the NHBRC may require a surety, guarantee, indemnity or other security to satisfy the obligations of the NHBRC and may enforce disciplinary measures. All these requirements can be costly and time consuming.

Salomé van Wyk

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