Housing Consumers Protection Measures Act, 1998 (Act No. 95 of 1998)National Home Builders Registration Council : Code of Conduct for Home BuildersChapter Nineteen : Duty to Communicate and Retain Records |
A home-builder shall without delay, reply fully to any request for information by a housing consumer regarding a contract between themselves.
| 19.1 | Form of reply |
If the request was in writing, the reply shall be in writing on the home builders business document.
| 19.2 | Record retention |
A home-builder shall retain the contract and all related correspondence, documents and records for a period of six years from date of occupation of a home by the housing consumer.
| 19.3 | Duty to give access |
A home-builder shall, subject to the contract between himself and the housing consumer, grant access at all reasonable times to the following people:
| a) | A housing consumer; |
| b) | a person appointed by the housing consumer and whose identity has been disclosed to the home-builder by the housing consumer; |
| c) | a building inspector of a government body; |
| d) | any representative of a financial institution or other person financing the construction; |
| e) | any authorized representative of the NHBRC. |
| 19.4 | Purpose for access |
Access shall only be granted for the purpose of :
| a) | inspecting a home; |
| b) | assessing progress made with regard to construction. |
| 19.5 | Vicarious liability |
A home-builder shall accept responsibility for all acts, omissions and / or representations of all persons whom he/she has appointed, where they act in the course and scope of their appointment in the construction or sale of a home by the home builder.
| 19.6 | Indemnity for housing consumers |
A home-builder shall indemnify a housing consumer against any claim arising out of personal injury or damage to property attributable to the negligence or other unlawful conduct of the home-builder in the construction of a home for the housing consumer.