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Housing Consumers Protection Measures Act, 1998 (Act No. 95 of 1998)

National Home Builders Registration Council : Code of Conduct for Home Builders

Chapter Seven : Restrictions on Home Builders

 

 

7.1 A home builder shall not require a housing consumer to sign any acknowledgement of debt in connection with a contract if:
a) the housing consumer is not, at the time, in arrears in respect of any of the payments owed by the housing consumer under the contract; or
b) the home is to be financed by a bank or third party.

 

7.2 Save for the deposit specified in the building contract and/ or the sale agreement, and any agreed extras, a home builder shall not demand payment from a housing consumer unless all suspensive conditions as contained in the Building Contract have been complied with.

 

7.3 A home-builder shall not accept final payment under a Building Contract unless the financial institution providing mortgage finance, the NHBRC or the architect supervising the building work or the local municipal building inspector, has certified in writing that the work has been completed in accordance with the NHBRC's prescribed minimum standards and guidelines or the National Building Standards, or any standards laid down by Agrément South Africa, where applicable.