Defects, Snag Lists and Warranties

A South African builder answers for defects under two overlapping regimes: the Consumer Protection Act's six-month implied warranty on all consumer work, and the NHBRC warranty on new homes, which runs 3 months for minor snags, 1 year for roof leaks and 5 years for major structural defects. A new Act that extends cover to renovations has been signed but is not yet in force, so the current law remains the 1998 Act and new homes only. Here is who can claim what, and how to respond when a complaint lands.‍‌​‌​​​​‌​​‌‌‌‌‌​​‌‌‌​​‌‌​‌‌‌‌​‍

Regime 1: the CPA warranty (all consumer work)

For any work supplied to a consumer, the CPA implies a six-month warranty of quality (full detail in Quotes, Deposits and the CPA). For building work that means:

• Workmanship defects you caused (poor plastering, off-level tiling, a leaking joint you installed) are covered.
• Material defects in goods you supplied and fixed are covered.
• Exclusions: damage from the client's own misuse or later modification.
• Remedy: the consumer's choice of repair, replacement or refund, and if a repaired defect returns within 3 months they may insist on replacement or refund.

After the six months, the consumer can still pursue common-law remedies for latent defects within the ordinary three-year prescription period. The Act is published at thencc.org.za.

Regime 2: the NHBRC warranty (new homes)

The National Home Builders Registration Council (NHBRC) administers the statutory warranty scheme under the Housing Consumers Protection Measures Act of 1998, which is still the law in force. Every builder of a new home must be registered with the NHBRC and must enrol each new home before construction starts. The warranty runs from the date of first occupation:

• 3 months: minor defects and snag-list items notified in writing.
• 1 year: roof leaks, reported to the builder in writing within the year.
• 5 years: major structural defects, reported in writing within five years.

Two details builders misunderstand:

• The NHBRC does not pay out for minor snags directly. The 3-month snag list is the builder's obligation to fix; the NHBRC's role is to lean on a builder who refuses. Its enforcement muscle is concentrated on structural defects in the 5-year window.
• The warranty travels with the house. If the home is sold inside the 5-year structural period, the new owner inherits the cover.

Details and registration are at the NHBRC.

Renovations: signed law, not yet in force

Under the current 1998 Act, renovations, alterations and additions fall outside the NHBRC warranty scheme. A renovation client's protection is the CPA plus the common law, nothing more.

That is set to change. The Housing Consumer Protection Act 25 of 2024 was signed on 29 January 2025, but it has not commenced, and commencement is expected around 2027. When it does commence, it is expected to extend NHBRC-style cover to renovations that require municipal plan approval and to lengthen the roof warranty to 2 years. Until that day, none of it is law. Do not market renovation work as NHBRC-covered, and do not assume the 2-year roof figure: the current numbers are the 1998 Act's 3 months, 1 year and 5 years, for new homes only. Check commencement status with the NHBRC before advising clients.

How to respond to a defect complaint

1. Acknowledge in writing within 24 hours. Silence converts a snag into a dispute.
2. Inspect promptly. Five to ten working days is a reasonable window.
3. Diagnose the cause honestly. Your workmanship, your materials, or the client's misuse? Put your view in writing with photos.
4. Offer repair first. It is the cheapest remedy and usually preserves the relationship.
5. If it escalates, the consumer route runs through the CPA machinery (the National Consumer Commission, ombud and consumer courts) and, for enrolled new homes, the NHBRC complaints process.

Keep a defects file per project: handover certificate, snag list with dates, your written responses, photos before and after. The contractor with the paper trail wins.

Worked example

Blessing builds a new house, enrolled with the NHBRC, and the owner takes occupation on 1 March. In May (inside 3 months) the owner emails a 12-item snag list: Blessing must fix the items. The following February (inside 1 year) the owner reports roof leaks in writing: Blessing must repair them, and the NHBRC can be brought in if he refuses. Three years later, serious foundation cracks appear: that is a major structural defect inside the 5-year window, Blessing is liable, and the NHBRC may intervene and enforce. If the same owner had instead hired Blessing to renovate an existing house, only the CPA warranty and the common law would apply under the current Act.

Common mistakes

• Telling a renovation client they have NHBRC cover. Under the law in force, they do not. The 2024 Act changes that only when it commences.
• Ignoring a snag list because "the NHBRC won't pay for it". Correct, it will not, because fixing snags is your job. Refusing invites enforcement.
• Missing that warranty periods run from first occupation, not practical completion or final payment.
• No written record of complaints and responses. Defect liability disputes are won on paper.
• Forgetting the CPA runs alongside. A new-home owner inside six months can use the CPA remedy ladder as well as the NHBRC scheme.

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