SANS10400-Building Regulations South Africa SANS10400 are the Building regulations in South Africa, and both international and national standards, are fundamental to successful building and construction projects, both big and small.
What Are You Required to Do with the NHBRC as an Owner Builder?
All new homes, by law, have to be registered with the NHBRC, some RDP houses are exempt from this. As an owner builder you may apply for an exemption from the Housing Consumer Protection Measures Act with the NHBRC. There are certain questions that they ask and have to be satisfactorily answered before the exemption is granted.
There is a link at the bottom of this post so you can download the questionnaire.
The NHBRC’s Nomawethu Maqetuka has published a letter outlining some of the requirements:
Thanks you very much for enquiring about the owner builder process.
Owner Builder
It is a legislative requirement that anyone who wishes to be exempt from the provisions of the Housing Consumer Protection Measures Act on the basis of being an owner builder must make submission to the Council prior to the commencement of construction.
Further is a requirement that the applicant proves, inter alia, that he displays the appropriate financial, technical, construction and management capacity to construct the residential unit.
A commissioned motivation by the Applicant:
The following information must be included in the motivation:
- Will the applicant be employing a contractor (“a person appointed by the owner builder to assist in the construction of a home or installation of subsidiary services to a home”) / skilled artisans to assist him? If so, the names of the contractors must be confirmed together with the terms of conditions. Include a copy of the contract/agreement;
- Is the Applicant the owner of the property? If so, provide the title deed.
- If the Applicant is not the owner of the property, but will only be assisting the owner in the building of the latter’s home (as per the definition of owner builder), provide the Title Deed and Power of Attorney (Annexure D) authorising the Applicant to bring the application for exemption and to build the house on his behalf.
- Details of any experience in or knowledge of the built industry (include any certified copies of the qualifications, past experience, knowledge of Home Builders Manuals etc.);
- The applicant must agree to write the Technical
- Who will be occupying the home;
- Has the applicant applied for owner builder exemption on any other property previously, or does he intend to do so in future? Provide details of property and circumstances.
Kind Regards
Nomawethu Maqetuka
•••
Read more on Owner Building & Project Management
Links:
Hi there. Your website is perhaps the only one in SA that is full of resources and useful info- thanks. Question from my side- we bought a plot 10 years ago but have made a huge loss on it. We want to build to sell- but owner build (with help from a friend who is a builder- we would try to get him registered with the NHBRC- he really has a lot of experience!). Do you think we would be able to build a 100sqm home (using 190 blocks) for R500 000? We only have that available and cant get a further bond on our current property.
Your problem will be as an owner builder and building a new house is that as an owner builder you have to get an exemption from the NHBRC, and then as an owner builder you are then not allowed to sell the house for a period of 5 (five) years. If you have a friendly builder you might be able to build for that amount but I am not really sure. BTW thank you for the compliment 🙂
Hi. How does one get an exemption from the NHBRC?
thanks
Step number one contact the NHBRC – they have forms that need to be filled in. They will also explain all other steps you need to take.
Is it true that you cannot get a building loan as an owner builder?
No it is not true, though some of the banks will insist that you use an NHBRC builder. You will have to motivate you own specific case to a financial institution.
Tx for your article, in which you mentioned: “The applicant must agree to write the Technical”
1. What precicely does this “technical” entails?
2. Why should I, as the Owner Builder, do a “technical exam” – if I’ll be using highly skilled and competent builders, artisans, engineers and architects?
3. I’ve had it “hinted” at me that, as Owner Builder, I need to personally have all these “skills and competencies”. I do not understand this (if it’s true), because (a) the reason for the excemption is because it’ll be my 1st house I’ll be staying in; won’t sell it in 5 yrs+; will be using cash; do not require “protection against myself” (etc); and (b) Strange … but it almost seems to me as though the NHBRC does not want me to use technically competent people (like their own NHBRC registerdet builders).
Paul, the information in this post is in the form of a letter from NHBRC’s Nomawethu Maqetuka. I presume he means technical test. Basically getting an exemption from the NHBRC means you don’t have to enroll your house and pay the relevant fees; and you don’t have to be registered as a builder with the NHBRC. But you are then taking some responsibility and need to have a modicum of building-related knowledge. The test they do is multiple choice and certainly not at the level of knowledge a trained engineer or architect would have. Nor do you need to know how to lay bricks etc.
If you are going to use an NHBRC-registered builder, then there is no reason to apply for an exemption. In any case, the National Building Regulations require you to have a competent person draw up your plans and take responsibility for the build.
Hi
can you answer a question for me please, my husband is going to build us a house and we will need to sell it within 5 years how does he become registered with the NHBRC in his personal capacity, he doesnt run a business, he does it as a hobby.
thanks
Hayley Sparks 082xxxxxxx
Hi Hayley, Catch 22 – all new houses must be registered with the NHBRC as you know, as an “owner builder” you are not allowed to sell the house within 5 years, this is the law. The only way is to build the normal way and then you can sell it within the 5 years.
Hi Janek,
can my husband do the technical test ? from what I read it means we will be NHBRC exempt and then we can sell when completed ?
Thanks
Hayley
Hi,
I’m having plans drawn up by an architect for some alterations and we are about to go into the submission phase but have hit a little snag.I would like to use a system devised by a manufacturer which is a a form of slip form shuttering. The system has been approved by the NHBRC. The architect wants to specify the method on the plan that it must be to engineers detail. Does this mean that I need to employ an engineer at additional costs that I have haven’t factored into my budget? or can the compliance certificate that the manufacturer will issue satisfy the regulatory requirements?
Regards
hi,my boss would like to find out what would be needed for him to get a NHBRC certificate.he owns a company but now he wants to ge into building as well,he has qualified builders. what else must he have in order to get a certificate
Hi Samke, You must contact the NHBRC directly and ask them: NHBRC
Hi Steve, If the system has an Agrément certificate from the SABS then there is no problem. The manufacturer must supply you with the installation standards that you can use as these should have been drawn up by an engineer before they had the system SABS Agrément approved.
I would like to know: I’m the owner of a vacant plot in a small Western Cape town and would like to build a log cabin on the property,nothing big, just for me and my husband. What are the requirements for such a building and are we as owners allowed to reside on the property while building? I know that we have to hand in building plans with the local Municipality for approval.
I would really appreciate you reply by mail
Thank you
Mara
Hi.
Thanks for the easy-to-understand info.
I have a stand (paid in full) which I would like to build on, with the intention of living there. I have family members with experience in the construction industry, and the plan is to pull together to build the house. (Architect uncle, draftsman brother, another brother has site work experience with casting, scaffolding and formwork, and he will supervise the house-building).
I am planning to build a double storey house in 2 phases using FinnBuiler – and want to move into the groundfloor section of the house once it is complete. Building the second floor will only continue in about 2 years.
1. I am planning to take a personal loan to fund a portion of the work. Will the funding of the job be considered cash?
2. Would you recommend that the brother who will be supervising, take the NHBRC test, or should I apply for exemption?
Thanks in advance.
Salome your first question: Be considered cash by whom? It’s irrelevant in terms of plans and NHBRC compliance. More importantly, will the bank allow you to use a personal loan for building. Apart from which it’s going to cost you a lot more money than a building bond would.
Your second question: If you are the owner of the property – you would have to apply to be the owner builder – and so you would need to take the NHBRC test, which is required for exemption.
Good day
I have read a lot about NHBRC and am very much interested in the company but i would like to know; what is NHBRC’s background, why was it started? Because i see that it is a very reputable company?
Good day,
I have got a stand financed through a homeloan, i financing the house from my pocket, my builder is NHBRC registered, i have purchased all the material from my own pocket, i will only be paying for labour to the builder. what will the bank require from me? do i need to submit all contracts i have entered into with the builder, NHBRC house enrollment, etc…
Regards
Abe
If I am building for cash and employ a NHBRC Registered builder do I still need to register the project and pay the fee ?
If you don’t register the project, then you need to apply for exemption as an owner builder.
Your only way around not enrolling the house is to apply for an owner builder’s exemption from the NHBRC.
Here is a link to a whole lot of articles about the NHBR.
The requirements are no different to any other part of the country. You need plans to be drawn up by a competent person and these must be approved by the local authority. Legally you cannot occupy a half-built dwelling, but you could probably camp on the property.
What is the regulations on building a home from Shipping Containers
URGENT! Own builder needs informatiom
You will find everything you need on this website!
You need to follow all the relevant National Building Regs (e.g. site works, ventilation etc) but in terms of The application of the National Building Regulations Part A: General principles and requirements, you will also need an Agrément Certificate that “confirms fitness-for-purpose of a non-standardized product, material or component or the acceptability of the related non-standardized design and the conditions pertaining thereto (or both) issued by the Board of Agrément South Africa.” The Board of Agrément South Africa operates under the delegation of authority of the Minister of Public Works.
HI Penny
we some times build boundary wall for clients ,do i need to be registered?
or what is his responsibility to the project.
what is the cost to be paid over to NHBRC for building a new house SAY it is R1200000.
thx Herbert
hi all you frustrated and bewildered potential owner builders!
the application process for owner builder is a bit vague and even the nhbrc is not always too clued-up or helpful. i know, i am busy applying for exemption – you will search in vain for this sought after procedure on their web site http://www.nhbrc.org.za – my guess is because they lose out on the 1.3% fee you’ve got to pay them [total cost of house plus erf!] which will further boost their billion plus coffers if you happen to have your home build by a registered home builder and have it enrolled by them [hence the exorbitant building costs of >zar6000 per m2].
before starting let me refer you to a short summary of a court case, ruiters v minister of human settlements and another (13669/14) , [2015] zawchc 107 (12 august 2015) which can be read here http://www.stbb.co.za/wp-content/uploads/stbb_plu29-2015_s2.pdf , so remember to get ‘registered’ as owner builder before commencing your project in order to prevent a legal confrontation which, although you might win, costs time and money.
next off is the procedure.
1st thing to know is that you don’t as much ‘register’ as owner builder, you are requesting exemption from being regarded as a home builder, i.e. you ask to be exempted, not registered.
you have to fill in the owner builder questionnaire which is here [not on their web site…] http://sans10400.co.za/wp-content/uploads/2014/10/owner-builder-questionnaire.doc
if you and your spouse are co-owners of the erf, get a copy your marriage certificate ready [maybe they might also ask for your anc, so have a copy of that as well] if this is the case your spouse has to co-sign all documents. get your and if needed also your spouses’ id documents – copies thereof.
if a friend will do most of the building or a contractor who is not a registered home builder with the nhbrc you have to fill in this power of attorney – also not on their web site – http://sans10400.co.za/wp-content/uploads/2014/10/owner-builder-power-of-attorney.pdf
and now for a typical red tape burocrazy anomaly – the friend or builder must also fill in the owner builder questionnaire although most questions can’t even be answered by him – now that’s a joke you might say, but yes, this country has many jokes, and some pretty high up! also get your builder friend’s id copy.
now there are three things left.
write a short memo telling them why you would like to be exempt, this letter [also nowhere to be found on their web site] will give you a clue http://sans10400.co.za/wp-content/uploads/2013/02/owner-builder-exemption-form.pdf – note that they call it an affidavit, so take all documents to your nearest cop shop and do the necessary swearing [no pun intended] and stamping there.
then go to the nhbrc office [the addresses are here http://www.nhbrc.org.za/contact/ ] and for zar90 or so get the publication [which might be the same than here http://www.nhbrc.org.za/wp-content/uploads/2014/11/home-building-manual-2014-final-oct-g1.pdf ], page through it that you know where more or less is what and if you want flag a page here and there.
then go for the open book multiple choice exam at their offices – just ask them for times and days.
now if all goes according to plan, they will let you know at some stage whether you made it or not.
i have not written the multiple choice yet, so i can’t give you leads there.
remember to get all above documents in neat and logical order, signed, stamped, sworn etc, make copies for yourself, write down all detail of persons, times and dates whom you might contact at the nhbrc and register al postage – just in case…
in Christ
gabriel
oh yes, i forgot, remember to attach a copy of your title deed – very important.
in Christ
gabriel
Good day,
My partner and I want to buy a plot of agricultural land and build using alternative methods (i.e. earthbag, super adobe building) I have searched the site and cannot find anything directly dealing with how to submit plans, if it is considered a non-standardized product or is exempt in any way from any kind of building laws.
We would be building ourselves as owner builders as I have experience draughting and submitting architectural plans and he is in construction. We would be living there ourselves and later would want to expand to become a small lodge/backpackers and we want to have all the correct information upfront before wasting money only to find out we will be shut down etc without special certificates of compliance or specific building methods being implemented. I looked at the green building council website and can’t find exactly what I need.
Many thanks.
Part A of the NBR states that any alternative building methods require an aggregate certificate that details the building process/method – and it will still need to comply with certain parts of the NBR. Plans would then be submitted in the usual way and you would have to apply to the NHBRC for an exemption (i.e. to build as owner builders). This involves a fairly basic multiple choice exam. Regarding using it as a lodge later, this will fall under the local authority bylaws – and they would need to give permission. So perhaps you can check with them first.
No you don’t need to be registered with the NHBRC to build boundary walls – only houses.
Are there NHBRC specifications related to laying ceramic tiles in a house? And if so, where would I be able to find
Hi Penny, we need to apply for the exemption as owner builders however we live in Johannesburg, our plot is situated just across the Vaal River ie in the Free State. Can we still lodge our application and write the test in JHB at the Sunninghill office? Thanks
Can you advise as to the percentage of the building and Erf values the NHBRC charge for thier service and registration. I am building a new home in the Cape Town area
Thanks
Peter
Hi
with regards to putting up a commercial building (Owner Builder) and wanting to register a bond after completion, is a NHBRC builder then required.
i know that NHBRC is only for houses. just wondering in the above case.
hi Penny,
Please confirm if I financed the plot and the building contractor is NHBRC registered, do I still need to seek an exemption or is the structure going to be registered by the building contractor?
Hi – please assist. I bought a stand 60% bank and 40% cash, I am building cash because the bank route is very expensive and time consuming. I am 5% to finish the house. this guys appeared from nowhere and stopped my builders from building because he said they are not NHBRC registered. Am I forced to hire a person who is NHBRC registered even if I am building from my pocket and why?
Hello Gabriel
Thank you for the guidelines for Owner Built Houses.
Can you please clarify the costing of the entire exercise/process. (i.e. all cost for Owner Built new house)
I’m planning to embark on the journey but would like to plan certain cost.
Thanks in Advance
Good day,
I wish to enquire. I have recently had my house build in 2015 with a NHBRC builder. We now have major plumbing problems the builder has absconded and we have realized that our occupation certificate might be fraudulent as it was established that our neighbours were fraudulent. We have written numours of letters to the NHBRC and builder and my bills keep piling huge water bills as our contract states we not allowed to touch any works of the contractor under guarantee. The builder cant provide us with a plumbing certificate either so I’m not sure how the builder obtained the occupation certificate without all the other relevant certificates? Kindly advise as I’m really disappointed that we had to pay for NHBRC and not getting the assistance we promised now that we experiencing problems. I have send various emails to the NHBRC head office and to the Regional complaints department and left messages to the Managers and no assistance. Kindly advise.
Hi all
I would like some help on the following please
1 . How is a temporary structure is differentiated from permanent one.
2. Is a rondawel built in the traditional eastern cape way considered a legal permanent structure?
3. Could I build another rondawel in the traditional way?
I want to build a barn on a piece of farm land that I own.
is this also subject to the NHBRC for Owner builder, or is it only relevant if it’s a home/house?
what law is it that makes nhbrc certification mandatory for owner builders.?
Hi Penny,so what you are saying to Paul was that if you do make use of a registered NHBRC Builder and the plans was drawn up by a registered draughtsman, I do not need to apply for exemption as ‘owner builder’ ? Please note, my situation is basically similary to that of Paul only that we, my wife and myself, are Pensionars. Your comments awaited accordingly.
Willie
Hi
I am intending on purchasing a plot of land within a private reserve. I want to build myself (with the help of friends/family/semi-skilled builders on an ad hoc basis) with my own monthly cash injections (there are NO restrictions on time for completion).
However, if I would apply for exemption, I would not be able to sell the house after 5 years to someone who requires bank finance !
QUESTION 1: Is this true ?
If I wanted to sell the house before/after 5 years to someone who required a bank loan, I would have to register the house with NHBRC.
QUESTION 2 : Is this true ?
I will purchase material on a monthly basis, but the NHBRC requires fees by the cost of construction+plot. This is difficult to provide @ R/m2 as I will be building at less than the current rate of R/m2.
QUESTION 3 : How do I estimate the fee for NHBRC ?
Regards
All owner builders must apply for the exemption.
Q1 Yes it is true – but it isn’t only someone who needs bank finance … as an owner builder you can’t sell within five years. It’s a safeguard to stop builders doing spec building without registering houses.
Q2 Not in terms of the NBR – the problem though is that some banks simply won’t give a loan if the house wasn’t registered with the NHBRC – which is ridiculous.
Q3 I can’t comment on how the NHBRC works out fees/costs etc. However to register with the NHBRC you need to be a builder! If you’re building with friends, family and semi-skilled labour you’re unlikely to fit their mould.
The Housing Consumers Protection Measures Act
1. Read this article on temporary structures.
2. If it was built according to the NBR with approved plans.
3. If permitted by the local authority. You would need plans for this too.
Yes you are, unless you owner build, in which case you need to get an exemption certificate from the NHBRC. They will probably fine you!
NHBRC only governs homes. It is governed by the Housing Consumers Protection Measures Act, 1998
If the builder was registered with the NHBRC when he built your house, and the house was enrolled, than you should be covered by the standard NHBRC warranty. Perhaps you need to go into the NHBRC offices – or contact their media liaison person and say you are planning to go to Carte Blanche!
We are building in an estate and need some help what can I do to enroll our house without getting a fine our builder thought we paid and we thought it was part of his price. I dont mind paying it but dont want a fine ive heard it can be a fine of over 1mil.
It is the builder’s responsibility. He should be registered and he then enrolls the houses that he is going to build. I think it is common practise for builders to force their clients to pay – but they are the ones who are registered – not you! I would tell him to sort this out … and if he won’t report him to the NHBRC.
No. But he needs to enrol the house and is likely to want you to pay the fees. You could though get an exemption to be an owner builder and still use the contractor. You won’t then be able to sell the house for 5 years.
You won’t be able to register as an owner builder for a commercial building as they are not regulated by the NHBRC.
We are not affiliated to the NHBRC – please contact them
I assume you can apply at any NHBRC office.
I doubt it. But laying ceramic tiles isn’t difficult.
I am an NHBRC registered building contractor building my own house as I have the available funds. I did not enroll my house as I am both the owner and contractor. I do not make use of any loans.My house is already wall plate hight and according to NHBRC inspector I need to late enroll my house. The house plans were approved by the local municipality with an appointed civil engineer. What is my options? Do I have any legal rights or exemption from enrollment?
HiJD, As you are a contractor in the industry and registered with the NHBRC it is your duty to know what the law is! Your house has nothing to do with the finances but has to do with the law. ie The fact that you are not making use of loans is irrelevant. As you are an owner builder you can apply for an exemption – though you should have done this prior to building, and because you didn’t the NHBRC is entitled to fine you. To qualify for the exemption, you will have to pass a multiple choice test to establish your knowledge as a builder. Presumably that won’t be a problem since you are a contractor. to be the “competent person” for the build. Presumably you are aware that owner builders may not sell their houses within five years.
Hi Penny. I would like to purchase an unfinished property. The house has been on the market for 1 year. It has come to light the house is owner built and was not registered with the NHBRC. Since the house is still in an incomplete state (yet habitable) the question is, can the current owners still apply for the certificate, and if they don’t, am I as the new home owner able to do so after the fact? Thank you
If the house was “owner built” the owner needs to have an exemption from enrolling the house with the NHBRC. If he/she doesn’t then the house is technically illegal! Also, if the owner didn’t get an exemption, by law the house should have been built by a builder registered with the NHBRC – and the house should have been enrolled. How it works is that the NHBRC does progressive checks to make sure the house is built correctly (this is in addition to inspections made by the council’s building inspector). So it stands to reason they aren’t going to consider enrolment after the fact.
Hi
We are considering buying and renovating / converting a block of flats. We will be owner renovators and want to find out whether we have to register with NHBRC or apply for exemption.
Also not sure what happens if units are not being sold but rather let out and we are the owners of the property.
Hi Penny,
We are in the process of selling a plot which we had ‘owner built’ a farm house on. We did not enrol the house with nhbrc and have been now requested by the bank to provide this enrollment certificate. Is an enrollment certificate needed even for farmhouses? And what can we do to now retrieve a certificate? Can we apply for an exemption? Or can we own up to our mistake and pay the fine?
Every building (other than those in informal settlements) must comply with the NBR. Also all residential dwellings, in cities, towns and in the country are subject to the Housing Consumers Protection Measures Act – which is where the NHBRC comes in. You can try pleading ignorance though that isn’t a defence in law. Essentially you should have obtained an exemption before you started building. I guess you’re going to have to pay a fine!
Renovations do not fall under the NHBRC.
I inherit some money from my late father. I used it for building (owner builder) to build a house from my inheritance. The plans were drawn by qualified / registered person and was approved and signed off. I believe I need a NHBRC certificate if I want to apply for a home loan . I didn’t know about all these regulations, NHBRC etc.My house is finished, what am I suppose to do? Thanks
Hi Willie, You must contact the NHBRC and explain to them and maybe ask for an “Owner Builder” exemption. They will more than likely impose late registration penalties that you will have to pay. You could also ask your “qualified person” to assist. In fact your “qualified person” should have told you to register or if you used a registered builder he should have done this as part of the contract. Here is the link: http://www.nhbrc.org.za/
I need NHBRC CERTIFICATE for my company i am based in eastern cape in Butterworth any assistance I can get from you ?
You need to contact the NHBRC directly, here is their website with all the contact details: NHBRC
If a project has a registered Professional team of Architect, Structural Engineer, Mechanical Engineer and Electrical Engineer, then what value does the NHBRC add for their fee over and above what these professionals provide? These persons are all defined as Competent Persons under the Building Regulations.
Hi Ryan, That is a good question. Whereas your “Competent persons” I am sure are totally professional and will do the checks, inspections and approvals to the highest standards. Unfortunately, you are being penalised for the unscrupulous operators who try to cheat the system. This has been seen often with failed projects and at times with loss of life. The NHBRC was formed to protect all homeowners and builders.
I am interested in purchasing an unfinished “Owner Builder” home. The project has been built on an add hoc basis for over 7 years. It is roofed and glazed and needs the internal finishes. It has never received an Occupation Certificate.
The main structure is some six years old and appears in very good condition, the general quality of the build is good.
1. In your opinion, what are the likely pitfalls/risks that I will encounter in taking over the project?
2. The seller believes that the banks will grant a mortgage because “the house is more than five years old”. When does the five year period, during which an owner builder can not sell the property, begin – on commencement of the build or on the issue of the Occupation certificate?
3. The building plans were submitted by the current owner, will I need to resubmit them as the new owner or do the municipalities simply transfer them to my name?
Hi Graham, Last question first: The plans are related to the house and as a new owner they automatically are yours. The “five years” only starts when the house is “finished” and a house is not finished until the final approval by the council inspector is given and an occupation certificate is issued. How the NHBRC and the banks will view this situation will be up to them as this is an “out of the norm” situation. You will have to contact them and ask.
Just to add to my previous comment, if there is no NHBRC certificate then the banks will more than likely refuse to give a loan. You might add a clause in your offer, if you do make one, that the offer is subject to a bond being grated to you by the bank. Yue can specify the bank here if you wish or leave it open for all banks.
Hi Hayley, Yes your husband can do the test and if he passes then you can get an exemption. But as an “Owner Builder” you are not allowed to sell for a period of 5 years after final approval.
Hi, I am confused, just found this site . Over the last few years guys/ architects etc told us that Owner Builder is not allowed. Can we work on this info on this site as legit? We are looking to move to the West coat.
Hi Christa, Of course the info is legit! However, there are legal requirements. eg You have to apply for an exception from the NHBRC – and it is vital that you comply with the National Building Regulations (SANS 10400) and other SABS specifications. Different local authorities also have their own requirements. If you are applying for a bond it is highly unlikely that a bank will allow you to owner build, though there are ways you can work with a registered builder and do some of the work yourself. Admittedly it’s become more difficult over the years! So you need to know what is required and depending on what you physically plan to do yourself (eg lay bricks) you will need certain skills!
good day
do wooden homes need to be registered, no foundation , on stilts no brick or cement only wood log cabin ? as a consumer , not a business.
and what if the home is already built?
Yes they do. We have just built a little wooden cottage on stilts, and the NHBRC was vigilant in their inspections. They are looking for reasons to fine people! If the house is already built and you try to sell it without an NHBRC certificate, you will have to get a cash buyer. The banks won’t mortgage houses of any sort that don’t have an NHBRC certificate.