AA - 2016

Author:  Corlene Mostert – STBB
26 April 2016

DOES AN OWNER BUILDER HAVE TO REGISTER WITH THE NHBRC?

The provisions of the Housing Consumers Protection Measures Act 95 of 1998 require home builders to be registered with the National Home Builders Registration Council and not to commence the construction of a home until they have been issued with a certificate of enrolment from the council.

However, the Act provides that an owner builder may apply to the council for exemption, which may be granted under the following circumstances:

  • the exemption would be in the public interest;
  • it would not undermine the objectives of the Act or the effectiveness of the council;
  • the effect would be extremely prejudicial to the interest of the applicant and housing consumers, should the exemption not be granted.

Speak to your STBB conveyancer for advice before you commence building as an owner builder.

Corlene Mostert
Corlene Mostert is a practicing Attorney and Conveyancer based at the Helderberg branch of STBB. Corlene commenced her studies at the University of Stellenbosch where she obtained a BA (LAW) LLB LLM degrees. She obtained her Master’s degree in Law while finishing her articles at a law firm in Cape Town and was admitted as an Attorney in 1996. She specialized in constitutional litigation issues, concerning land specifically reform , and then decided it was time for a career change and was admitted as a Conveyancer in 2007. Corlene now specializes in property law and enjoys assisting her clients in making the law, property and conveyancing law in particular, more accessible and understandable.