Asked by the Customer on 21-04-2015 10:22:06
Question posted in the Property Law category relating to Gauteng
Question posted in the Property Law category relating to Gauteng
Good morning
Please advise.
I purchased a house in retirement estate from the developers.
Since purchasing the house, numerous cracks have appeared in the walls.
The double garage floor has numerous cracks and the screeding is crumbling.
I have heard that tere is something about there being a 5 yeasr warranty by the builders for defects, etc.
Is this true. Do I have any claim from the builders?
If there is any action required, how would I go about it?
Do I write aletter?
Many thanks
Eddie
Please advise.
I purchased a house in retirement estate from the developers.
Since purchasing the house, numerous cracks have appeared in the walls.
The double garage floor has numerous cracks and the screeding is crumbling.
I have heard that tere is something about there being a 5 yeasr warranty by the builders for defects, etc.
Is this true. Do I have any claim from the builders?
If there is any action required, how would I go about it?
Do I write aletter?
Many thanks
Eddie
Message from the Attorney
Posted by Att. Patrick on 21-04-2015 10:34:25
Hi there Eddie and thank you for your question,
First off, any claim that you would have would be one against the developers, and not as against the builders. The reason for this is that your agreement was with the developers, not the builders. The developers would have a back-to-back claim against the builders - but that's their business. You would need to look to the developers.
Typically there would be a "Voetstoots" clause in your agreement of sale which would protect the developer from any claim made by you in relation to any defects in the house.
But, have a look at the following article dealing with the NHBRC: http://www.myproperty.co.za/news/11074/Ins-and-outs-of-the-NHBRC.aspx
Essentially, all new enrolled homes are provided with a "deemed warranty", requiring the builder by law to § Rectify any workmanship related defects that occur in the first 3 months after occupation. § Rectify any roof leaks that occur in the first 12 months after occupation. § Rectify any major structural defects that occur in the first 5 years after occupation. (You should read, against the developer)
I think that to start off, you need to advise the developer that there are cracks in your house that you need fixed, and ask the developer if the builder was registered with the NHBRC. Ask the developer if they will deal with the builder directly, or whether you need to get involved. You should do all of this in writing so that it can't be disputed at some point in the future!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
First off, any claim that you would have would be one against the developers, and not as against the builders. The reason for this is that your agreement was with the developers, not the builders. The developers would have a back-to-back claim against the builders - but that's their business. You would need to look to the developers.
Typically there would be a "Voetstoots" clause in your agreement of sale which would protect the developer from any claim made by you in relation to any defects in the house.
But, have a look at the following article dealing with the NHBRC: http://www.myproperty.co.za/news/11074/Ins-and-outs-of-the-NHBRC.aspx
Essentially, all new enrolled homes are provided with a "deemed warranty", requiring the builder by law to § Rectify any workmanship related defects that occur in the first 3 months after occupation. § Rectify any roof leaks that occur in the first 12 months after occupation. § Rectify any major structural defects that occur in the first 5 years after occupation. (You should read, against the developer)
I think that to start off, you need to advise the developer that there are cracks in your house that you need fixed, and ask the developer if the builder was registered with the NHBRC. Ask the developer if they will deal with the builder directly, or whether you need to get involved. You should do all of this in writing so that it can't be disputed at some point in the future!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
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