| a) |
in contravention of section 14 submits an application for the enrolment of a home to the Council after construction has started; or |
| b) |
does not declare the fact that construction has commenced at the time of enrolment and the Council becomes aware of that fact, |
the Council shall require the home builder to satisfy the Council that the construction undertaken at the time is in accordance with the NHBRC Technical Requirements and shall take prudent measures, contemplated in section 16(1), to manage the risks pertaining to the fund.
| 2) |
In the case of late enrolment and non-declared late enrolment, the home builder shall- |
| a) |
submit to the Council such documentation and information as may be prescribed in the Council Rules; |
| b) |
at the request of the Council, pay a prescribed late enrolment fee in an amount determined by the Council for a special inspection to be undertaken by the Council to enable an inspector to determine compliance with NHBRC Technical Requirements, prior to the acceptance of enrolment; |
| c) |
at the request of the Council, and prior to the acceptance of the enrolment, rectify any defects detected during the inspection contemplated in paragraph (b)- |
| i) |
that may influence the structural integrity of the home; or |
| ii) |
that constitute non-compliance with the NHBRC Technical Requirements, |
at the home builder's cost and under the supervision of a competent person appointed by the home builder;
| d) |
at the request of the Council, in circumstances where an inspector is unable to determine compliance with the NHBRC Technical Requirements, for whatever reason, appoint a competent person- |
| i) |
to inspect the home; and |
| ii) |
to complete a late enrolment report in the form prescribed in the Council Rules to confirm compliance with the NHBRC Technical Requirements; |
| e) |
undertake any work, and pay for any costs resulting from such work, to expose work already done in order to enable the competent person to address all questions raised in the late enrolment report contemplated in paragraph (d)(i); and |
| f) |
at the request of the Council provide any surety, guarantee, indemnity or other security considered reasonable by the Council to satisfy its obligations under section 16(1). |
| 3) |
Notwithstanding the provisions of this section, the Council may prescribe disciplinary measures for late enrolment and non-declared late enrolment which are not inconsistent with this Act. |
Stamp Duties Act, 1968 (Act 77 of 1968)
