Housing Consumers Protection Measures Act, 1998 (Act No. 95 of 1998)RegulationsGeneral Regulations regarding Housing Consumer Protection Measures10. Compliance in respect of materials |
| (1) | A home builder may be required by the Council to satisfy the Council that materials used or to be used by the home builder in the construction of a home comply with the requirements relating to materials and the guidelines in relation thereto prescribed by the Council under section 12(1)(b) of the Act, or the requirements specified by a competent person in terms of section 12(2) of the Act, or the relevant requirements set out in an applicable Agrément certificate. |
| (2) | The tests which the Council may apply on materials are the relevant tests applied by the South African Bureau of Standards, as contemplated in the Standards Act, 1993 (Act No. 29 of 1993) or relevant industry based institutions, such as the Cement and Concrete Institute (an association incorporated under section 21 of the Companies Act, 1973 (Act No. 61 of 1973, with the registration number 05/11756/08), or the Council for Scientific and Industrial Research, as contemplated in the Scientific Research Council Act, 1988 (Act No. 46 of 1988). |
| (3) | The Council may require a home builder, on demand, to make samples of materials and components available for testing. |
| (4) | Any notice relating to the cancellation or suspension of the enrolment of a home as contemplated in section 14(4) of the Act, or for the recovery of any costs of any examination or test in terms of section 19(4)of the Act, must— |
| (a) | state those aspects of such material or component thereof which do not comply with requirements; |
| (b) | prohibit the home builder from using such material or component; and |
| (c) | demand that the home builder remove and replace at the home builder's own cost any such materials or components that have been used or would have been used in the construction of the relevant home. |