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Housing Consumers Protection Measures Act 95 of 1998

The purpose of the Act is to, inter alia:
  • Provide for the protection of housing consumers;
  • Provide for the establishment of the National Home Builders Registration Council.
The Act which has been amended by subsequent legislation was assented to on 02 November 1998.

In essence and fundamentally, the Act provides for the protection of housing consumers by means of the establishment of the National Home Builders Registration Council (“the NHBRC”).

The objects, powers and regulating measures of the NHBRC are clearly set out in the Act. The Act also provides for the registration of home builders and for the withdrawal and suspension of registration. The Act furthermore provides for a Home Building Manual.

Chapter 3 provides for the protection of housing consumers and for the conclusion of agreements and implied terms in building contracts and for the enrolment of home to be built by home builders.

The Act furthermore provides for:
  • enforcement measures;
  • the obligations of mortgagees, conveyancers and provincial housing development boards;
  • inspectors
  • interdicts
  • offences
  • reviews, arbitrations and appeals.
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AA SLAMAT - Attorney-at-Law
B.COM (Law & Economics), LL.B. (Mercantile Law), LL.M. (Commercial Contracts & Commercial Law), RPE 2004 (South African Institute of Financial Markets)


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