People & News

Protecting consumers

The Housing Consumers Protection Measures Amendment Bill was published in the Government Gazette 29159 on 25 August 2006, under general number 1140.

The proposed amendments are extensive and conveyancers should take note of the general implications of the amendments. In particular, note that the "offences" section (section 21) is amended to include the section 18 (2), whereby the duty of a conveyancer is to ensure that a home builder is registered before attending to the registration of a mortgage bond.

In a nutshell, these are the objectives of the bill:

  • Amendment of the definition "business of home builder";
  • Amendment of the definition "homebuilder" to include certain "owner-builders";
  • Addition of definition for "late enrolment" and "non-declared enrolment";
  • Certain other definitions are added;
  • A new section 1A is inserted to extend the scope of application of the Act;
  • Section 7 is expanded to include measures relating to late enrolment, etc;
  • A new section 10A is inserted to enable "owner-builders" to apply for exemption;
  • A new section 14A provides substantive provisions regarding late enrolment and non-declared enrolment;
  • Section 17 is amended to extend the cover provided by the council's warranty scheme to include roof leaks and to provide for payment in view of rectification in certain cases;
  • Section 21 is amended to include the Conveyancer's duty to ensure that a homebuilder is registered, as one of the offences;
  • Section 22 is amended to expand the appeal procedure; and
  • Section 29 is amended to allow the council to grant or refuse applications for exemption.

Lizelle Kilbourn
Igqwetha Training Academy (Pty) Ltd

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