WHY USE A MEMBER OF THE MBA?

The Association expects its members to maintain a high standard of conduct and efficiency and has accordingly drawn up a code of conduct to which all members are required to adhere.

Complaints against one of our Members are treated very seriously.  After ascertaining all the facts, we are usually able to mediate a mutually-acceptable resolution.  However, if one of our Members is found guilty of transgressing the code of conduct, they can be suspended or expelled.  The code of conduct focuses on the following critical elements:

SKILL
A member is required to possess the necessary technical qualifications, knowledge and practical experience – or to employ, in a position of responsibility, a person or persons therewith – to ensure that all building projects are carried out in a workmanlike and economical manner.

INTEGRITY
A member is expected to satisfy the building requirements of his client and/or fellow members bycomplying with the spirit as well as the letter of his contractual obligations and to handle all business transactions with fairness and honour.

RESPONSIBILITY 
A member is expected to organise  his business administration effectively, to maintain adequate financial resources for the proper discharge of all contractual obligations, to assist wherever possible in the training of the future skilled manpower needs of the Building Industry and, where applicable, to comply with all wage regulating measures for the Building Industry.

SO YOU DECIDED TO ADD ON THAT EXTRA ROOM

or convert your outbuildings into a granny flat, or maybe you’re all set to build your dream home. Suddenly you have a thousand important decisions to make, decisions that mean money. Where do you start?

Every day hundreds of people build successfully with no problems. How do they do it? The basic answer lies in proper planning, knowing what you want and can afford and using the services of a reputable building contractor.

START WITH PLANS AND PLANNING PERMISSION
First decide what you want to do. Whether you want to build a house, add on a granny flat, or alter existing buildings, you need to know whether planning permission is necessary. As a general rule, you will need plans or planning permission for all building work except minor alterations inside your home. But check this first, because each Local Authority has different requirements. A phone call or personal visit to your Local Authority at the outset can save you a lot of problems later on. For additions or major alterations you should ask an Architect or qualified Draughtsman to draw up plans and specifications for the work required.

CHOOSING A BUILDING CONTRACTOR
If you don’t know a suitable building contractor, talk to friends or neighbours who have had building work done. Better still, search our directory of member’s enterprises operating in your area who do the type of job you want. Many building and contracting firms carry out good work and give value for money, but there are always the few who will promise the earth at unrealistic prices. The original price may seem a bargain, but the eventual cost is often more not to mention the stress of chasing an elusive ‘builder’ who won’t finish the job properly.

WHAT ABOUT THE PRICE?
Your building contractor will discuss the work with you and give you an estimate of the cost. If you have proper plans and specifications prepared, it’s always a good idea to ask for quotations from more than one reputable building contractor. If it’s a small job that doesn’t need proper plans, it’s essential to provide your builder with a detailed written description of what you want and/or to explain to him your requirements carefully on site, so that he can ask questions. You can then ask him for a detailed estimate in writing. Large contracts can be put out to tender and where work is carried out under the supervision of an Architect, it’s wise to be guided by him.
Don’t forget there’s a big difference between a cost estimate and a detailed written offer to carry out the work. Don’t sign anything until you are sure that your builder’s office is firm and clear and covers all your requirements.

ACCEPTING THE BUILDING CONTRACTOR’S QUOTATION
If you ask more than one building contractor for a quotation, make sure that each one is quoting on the same written specifications and conditions, so that they will all price on the same basis. Ensure that the question of VAT is clear on the quotation. If the work is extensive, make sure that all quotations are based on model contract conditions. If in doubt, ask the MBA Greater Boland Association for guidance. When you’ve chosen your building contractor, make sure you confirm your acceptance of his quotation in writing.

NHBRC WARRANTY
If you are building a new home ask your builder to confirm that he is registered with the National Home Builders Registration Council (NHBRC). The Housing Consumers Protection Measures Acts prohibits anyone from carrying out the business of a home builder who is not registered as such with the NHBRC.

The contractor is prohibited by law from commencing construction work until he has enrolled your home with the NHBRC. The building contractor is required to provide you with a copy of the certificate of enrolment issued by the NHBRC and to enter into a written contract with you. There must be a specification attached pertaining to the materials to be used in construction and plans reflecting the dimension and measurement of your house, as approved by the local authority.

When your home has been enrolled with the NHBRC and a building contract has been signed, the builder will be deemed to have warranted that your house will be constructed in a workmanlike manner that it will be fit for habitation and that it will be built in accordance with the plans and specifications and the technical requirements of the NHBRC. In return for this an enrolment fee is payable to the NHBRC on a sliding scale based upon the market value of your new home. The fee is substantial and you should check whether the fee is included in the quotation which you have received from the building contractor or whether the fee is included in the quotation which you have received from the building contractor, or whether you are expected to pay the fee in addiction to the contract sum.

CONDITIONS OF THE CONTRACT
Sometimes a small job can be carried out without a standard form of contract. A written quotation and a signed acceptance of the agreed price will protect both parties in law. If the work is substantial, it would be wise to ask the MBA Greater Boland for a model Builders Contract, which is approved by Master Builders South Africa. These are well established organisations and ensure a fair deal for both parties. In any event, don’t start work without a watertight written agreement, which sets out clearly what has been agreed, as well as the right and obligations of both parties to the agreement.

INSURANCE
Before starting any building work, check that your building contractor is covered by the appropriate insurance, such as Public Liability and Contract Works Insurance. It’s also essentail to inform your own insurance company that you’re having alteration work or renovations done and to make certain that you have suitable insurance.

BEFORE THE BUILDING WORK STARTS
Before any work is started, discuss questions such as storage space for materials, the provision of a place for workers to have their meals and use of ablution and toilet facilities. You will also need to be sure of arrangements for the supply of water and electricity while work is in progress. Once again, proper planning before you start work can save you and your family a great deal of possible inconvenience.

ORDER OF WORK AND REMOVAL OF DEBRIS OR WASTE
To avoid unforeseen problems, discuss the order of work with your building contractor first, so that the necessary rooms or spaces can be cleared, items stored away, dust sheets laid over furniture etc. Your contractor should clean up during the work and when the job is complete. Don’t forget to discuss the question of a convenient place for debris and rubble and confirm who is responsible for its removal. Make youself aware of the local by-laws regarding noise, dust, litter etc. Remember that building operations may cause a nuisance to your neighbours and damage the environment.

EXTRA WORK AND/OR VARIATONS
There shouldn’t be any extra work needed if your initial specification covered everything. It’s best to try to avoid changes, because extras and/or variations can be expensive. Where they are necessary, establish the costs before the work is carried out, and don’t forget to confirm any changes in writing. Always give your instructions to the building contractor and not to the workmen on site. This will ensure good communication.

PAYMENT
As a rule, you should not be asked for any payment before the work commences. Beware of the builder who asks for money upfront for whatever reason. You should be heading for problems. If the job is large and you have a contract agreement, you will probably be required to pay interim amounts on completion of certain sections, as specified in the contract. For a small job, you will normally only pay one lump sum when the work is satisfactorily completed.

FINAL INSPECTION
When the work is complete, inspect it with your building contractor, who may ask you to sign that the work is complete. If you have any doubts about any part of the job that cannot be put right straight away, it is essential to make your comments in writing immediately.

DEFECTS
As a consumer you are protected by law against any defects which may appear within a reasonable time after the building is finished. Be sure to put your complaints in writing as soon as any defect becomes apparent. Model forms of contracts such as those available from MBA Greater Boland protect the consumer against patent defects, i.e. where materials or workmanship deviate from the specifications set out in the initial agreement. To avoid problems, discuss this aspect of the agreement with your builder before the agreement is signed. Make sure you both understand your rights and obligations.

COMPLAINTS PROCEDURE
If you have any problems with the building work that you can’t solve easily, there are people who can help. If the building contractor is a member of MBA Greater Boland , write to the Association stating clearly your complaints. Be as clear and concise as possible and suggest a solutions that you would find acceptable. The Association will contact the member and ask him to give attention to your complaint. If the matter is not resolved, the Association may also help with mediation and dispute resolution procedures if a member is involved. It’s good idea to keep copies of all correspondence and relevant documents.

If the builder is not a member of MBA Greater Boland you can contact the Consumer Council for advice. Sometimes a consumer journalist of a local paper might be able to help. Nobody likes bad publicity. If the dispute involves a small amount, the Small Claims Court may be able to help.

A FINAL WORD OF ADVICE
Remember that a good building contractor values his reputation as much as he does his satisfied clients. As a professional he will be as keen as you to see that the work is done properly. But don’t forget that even the most skilled person can’t do a good job for less than its true price. In the end, like everything else, you get what you pay for.