UNIT NUMBER:

NAME OF REGISTERED HOME BUILDER: NAME OF HOME OWNER:

NAME OF COMPETENT PERSON: QUALIFICATIONS: INSTITUTIONAL MEMBERSHlP:

COMPANY NAME:

ADDRESS: TEL NO.: FAX NO.:

PI INSURER DETAILS:

INSURER: SUM INSURED:

CELL. NO.:

INS. CERT. NO.:

1. Structural integrity of items observed and checked as per this report 2. Fitness for purpose of material used by the contractor. 3. That based on the above, I have completed NHBRC Appendices B3; B2; B I (where applicable) and Dl

TOWNSHIP:

ERF NUMBER:

REGION:

FINANCIAL INSTITUTION NAME:

98 No. 20658 GOVERNMENT GAZETTE, 1 DECEMBER 1999

ECEMBER 1999 COMPETENT PERSON LATE ENROLMENT REPORT

Annexure 15 08 November 1999

DECLARATION I being the Competent Person appointed by of Has studied the NHBRC Standards and Guidelines a: can confirm: (by completing the Questionnaire)

SIGNATURE OF COMPETENT PERSON: DATE:

DETAILS OF PROPERTY

TYPE OF CONSTRUCTION (CONVENTIONAL / AGREEMENT / RATIONAL): TYPE OF FOUNDATION: NOTE ANY RATIONAL DESIGN COMPONENTS:

~

GENERAL NOTICE

GOVERNMENT GAZETTE, 1 DECEMBER 1999 No. 20658 99

ECEMBER 1999 QUESTIONNAIRE TO CONFIRM STRUCTURAL INTEGRITY

1. SITES AND SURROUNDING AREA: YES NO 1.1 Has the site preparation been carried out to a standard that will satisfy the Home Building Manual

and that will ensure no water ingress into residential structure/s?

1.2 Has storm water management been carried out to effect quick and spontaneous run off of storm water, without causing any ponding against or next to any residential structure/s?

1.3 Are you satisfied with the site soil classification indicated on the completed appendix B3 form as provided to the NHBRC?

1.4 Has insitu material been used for filling?

1.5 Do you accept the material used as suitable for filling?

1.6 Are you satisfied that the private drainage on site has been laid according to the Home Building Manual?

2. SUBSTRUCTURE: YES NO

2.1 Are you satisfied with the foundation solution applied and is the solution in accordance with the Home Building Manual?

2.2 Are you satisfied that the foundation material and workmanship are of an acceptable standard to structurally withstand the applied loads?

2.3 Has the backfilling and recompaction of the foundation trenches been done to a standard acceptable to the NHBRC?

2.4 Does the underslab filling exceed 400 mm at the lowest point of building work on site? (B1 and D1 forms have to be completed where the fill exceeds 400 mm.)

2.5 In the cases of a reinforced raft foundation or “slab-on-the-ground” can you confirm that the damp-proof membrane has been correctly installed and is functional?

3. SUPERSTRUCTURE: YES NO

3.1 Can you confirm acceptance of the installation detail of the DPC (as per Home Building Manual) below internal and external walls and window sills?

3.2 Can you confirm your acceptance of the structural design on the wall panes including position and sizes of openings in these wall panels as per Home Building Manual?

3.3 Is the quality of the construction elements used in the superstructure (plaster/ mortar/ bricks/ etc.) acceptable and in accordance with the Home Building Manual?

3.4 Can you confirm your approval of the installation of brickforce and wall ties incorporated in the superstructure, as per Home Building Manual?

3.5 Can you confirm your acceptance on the positioning and workmanship employed in creating movement and control joints, as per Home Building Manual?

3.6 Can you confirm that the roof anchors installed are in accordance with the Home Building Manual?

3.7 Can you confirm that the general quality of workmanship applied is visually satisfactory and that no reason for structural distress can be observed?

4. ROOF STRUCTURE: YES NO

4.1 Can you confirm your acceptance of the structural design of the roof structure, as per Home Building Manual?

4.2 Can you confirm your acceptance of the fixing detail of the roof anchors?

4.3 Can you confirm your satisfaction with the materials (timber size, grading, etc.) used in the roof structure, and as can be observed in the Home Building Manual?

4.4 Can you confirm that the erection and bracing details are to a standard that will ensure structural integrity, and is in compliance with the Home Building Manual?

4.5 Can you confirm that the roof covering has been installed in accordance with the roof covering Manufacturer’s recommendation?

4.6 Can you confirm that the roof is visually satisfactory and that no reason for roof leaks can be observed?

The NHBRC reserves the right, to at any time, call for calculations and related information that the Competent Person has applied in completing this questionnaire and, thereby, certify structural integrity.

TOWNSHIP

EXTENSION

DOLOMITIC I LIMESTONE ZONES AND EXTENT IN HECTARES (e.g.. D3 - 3ha)

TOTAL AREA:

TEL: FAX:

The Randhill Building 2nd Floor 104 Bordeaux Drive Bordeaux Randburg 21.94 PO Box 461 Randburg 2125 Tel (011) 886-3636 Fax (011) 789-2902

APPENDIX B.B4 (Appointment of Competent Person: Dolomitic I Limestone Areas)

DESCRIPTION OF AREA:

REPORT NO.:

REPORT DATE:

REGION:

HOME BUILDER'S DETAILS NHBRC REG. NO.: COMPANY NAME:

CONTACT PERSON:

COMPETENT PERSON DETAILS

NAME:

QUALIFICATION:

YRS EXPERIENCE:

YRS EXPERIENCE IN WORK IN DOLOMITIC AREAS:

INSTITUTIONAL MEMBERSHIP: MEMBERSHIP NO:

COMPANY NAME:

ADDRESS:

TEL: FAX: CELL:

PI INSURERS:

SUM INSURED:

INSURANCE. CERTIFICATE NO:

REGISTRATION NO.:

Revision 1

HOME BUILDING MANUAL Part 1 Section 3 Appendix B

ECEMBER 1999

CONDITIONS 1. The above mentioned Competent Person has been appointed by the Home Builder to classify the areas underlain by Dolomites in accordance with Part

1, Section 2, Table 8, to report on the impact or the installation of boreholes/swimming pools, in accordance with Part 1, Section 2.8.2. -

2. The above mentioned person undertakes, upon installation of the township services, to confirm the zone designations and to notify the NHBRC in writing of any changes in zone designations encountered during the installation of services.

3. The Council for Geoscience confirms that it has been consulted by the Competent Person, named in this form, regarding the area described, that the investigations conducted on the stability of the dolomites/limestones are in their opinion consistent with sound professional practice and that the investigations meet all legal requirements pertaining to dolomitic/limestones stability investigations.

SIGNATURE OF COMPETENT

PERSON

DATE

DATE

Revision 1

Council for Geoscience remarks (if any)

SIGNATURE FOR COUNCIL FOR GEOSCIENCE:

NAME OF AUTHORISED PERSON

DESIGNATION

SIGNATURE OF HOME BUILDER

DATE:

HOME BUILDING MANUAL Part 1 Section 3 Appendix B

ECEMBER 1999

2.1 in the case of a sectional title development) on the opening of the sectional title register or six months from the date of this guarantee) whichever is the earlier; or

2.2 in the case of a phased sectional title development, upon registration of the sectional title plan of extension in terms of section 25 (11) of the Sectional Titles Act, 1986 (Act No.95 of 1986), or six months from the date of this guarantee, whichever is the earlier .

3. The amount, which the bank guarantees, shall be a maximum of R .

4. Any amount claimed shall be payable immediately upon written demand for such payment having been made upon the bank by the NHBRC.

5. The bank hereby renounces the benefits of excussion and division and cession of actions, it being fully acquainted with the meaning and effect thereof

SPECIMEN GUARANTEE

National Home Builders Registration Council P O Box 461 Randburg 2125

Dear Sir or Madam

LETTER OF GUARANTEE

We, Bank Ltd (Reg Num ), herein represented by in his/her capacity as business banking manager, having been duly authorised thereto, ("the Bank") hereby undertake in favour of the National Home Builders Registration Council (association incorporated under section 21) (Registration No. 95/08647/08) ("the NHBRC") as set out hereunder:

1. The bank hereby undertakes to make payment to the NHBRC in respect of all enrolment fees due to it, as provided in the rules of the NHBRC, for the sectional title development or phased sectional title development undertaken by ("the home builder") in the event of any failure by the home builder to do so timeously.

2. The guarantee may be called upon

6. The NHBRC shall be entitled in its sole discretion to grant time and/or other indulgences to the home builder, to defer the date of any repayment or vary the terms of any amount payable by the home builder to the NHBRC, in such manner as it may

deem fit and any such action shall not in any way effect, limit or prejudice the Bank's liability in terms hereof.

7. A certificate signed by the officer of the NHBRC, whose authorisation it shall not be necessary to prove, showing the amount of the home builder's indebtedness to the NHBRC shall be prima facia proof of the amount of the indebtedness of the Bank for all purposes under this guarantee, including any legal action proposed of whatever nature. The Bank agrees further that all admissions and acknowledgements of indebtedness by the home builder shall be binding on the Bank for purposes of this guarantee.

8. The Bank hereby selects the address indicated as its domicilium citandi et executandi for all purposes of this guarantee including the serving of all notice and processes in connection herewith. Any such notice or process shall be deemed to have been received by the Bank within 14 (fourteen) days of it having been posted to the Bank at such address. Any notice or process may also be delivered to the Bank at the address, in which case the Bank shall be deemed to have received it on the date of such delivery.

9. The NHBRC shall be entitled to institute proceeding in respect of any claim arising hereunder in any Magistrate's Court having jurisdiction notwithstanding that such claim may otherwise exceed the jurisdiction of such Court. The NHBRC shall also be entitled to institute any action in any Division of the Supreme Court of South Africa, and the Bank hereby consents and submits to the jurisdiction of any such Court in respect of any claim.

12. This guarantee is neither negotiable nor transferable and shall be returned to the Bank upon payment, expiry or cancellation.

FOR AND ON BEHALF OF BANK

10. The amount which may be claimed from the Bank may include subject to the limitation in 3 above, any additional amount on account of interest, administration costs or legal costs incurred in recovering any amount payable by the home builder.

11. The Bank warrants its power to issue this guarantee.

SIGNED AT

WITNESS

ON THE DAY OF

LTD REG NO.

Fernridge Office Park 5 Hunter Street FERNDALE 2194 PO Box 461 Randburg 2125

Tel: (011) 3485769 Fax: (011) 2854123

HOW TO COMPLETE THE INDEMNITY

A. Initial and Surname of the Indemnifier (Shareholder) B. Company Name C. Company Registration number D. Initials of two Witnesses and the Indemnifier E. Physical Address F. Initials, Surname and ID number of the two Witnesses G. Place and Date where signed H. Initial, Surname and ID number of Indemnifier I. Initials of the two Witnesses and the Indemnifier

NB. The Directors or Family members are not allowed to witness. Where it is written for and on behalf of the NHERC please leave the space blank

The originals are to be posted to the above address. You are welcome to fax a copy for my attention to (011) 285-4123 so that I can check they are correctly completed. If you are faxing a copy please write a contact telephone number of the fax so that I can confirm timeously with you. .

Thank you.

Please would each member of the close corporation complete an indemnity.

2. The Indemnifier agrees that the NHBRC shall be at liberty at any time, affecting it's rights hereunder, to deal with any claims for payment against it in any manner that it may deem fit, to release, abandon, realize or sell securities and to give time or compound or make any other arrangements with the home builder, or the indemnifier, or any other sureties or any other guarantors or indemnifiers of the home builder. The Indemnifier agrees further that any leniency, extension of time or waiver which may be granted to the home builder, any other Indemnifier of the home builder and/or any third party, whether before or after the obligation has fallen due for performance, shall not be construed as a waiver of any rights or rely on any defence involving or based on waiver, estoppel or prejudice to the Indemnifier as a Indemnifier.

(D) Initial of Witnesses Initial of Indemnifier

1.1. any failure by the Home Builder to comply with Its obligations under the NHBRC rules from time to time;

1.2. any failure by the Home Builder to comply with it's obligations under the standard home

builder's warranty in respect of homes enrolled or which should have been enrolled by the Home Builder with the NHBRC.

1.3. Any amount which may become payable as a result of the cost of any remedial action commissioned by the NHBRC inn the event of a failure by the Home Builder to repair any defect which the Home builder is liable to repair; and

1.4. Any other amount which may become payable by the Home builder to the NHBRC for any

reason whatsoever.

INDEMNITY

given by

A) ("the indemnifier)

in favour of

THE NATIONAL HOME BUILDERS REGISTRATION COUNCIL (Registration Number 95/08647/08)

(Herein represented by Mary Motshweneng in her capacity as National Risk Services Manager, she being duly authorized hereto)

("the NHBRC")

WHEREAS:

The NHBRC has been established to regulate certain aspects of the building industry , and (B)..................................("the Home Builder), company registration number (C)......................, is consequently required to register with the NHBRC. The NHBRC is prepared to consider the Home Builder's application for such registration on certain terms and conditions, one of which is that the Indemnifier provide an indemnity to the NHBRC.

NOW THEREFORE IT IS AGREED AS FOLLOWS:

2. The indemnifier, in consideration of the registration with the NHBRC of the Home Builder, hereby agrees and undertakes to keep the ~RC indemnified and to hold it harmless against all loss or damage, from whatsoever cause arising, which the NHBRC may sustain, or in respect of any amounts for which it may become liable, as a result of any failure by the Home Builder to comply with any of it's obligations to the NHBRC or the obligations to the consumer under the terms of the Standard Home Builders Warranty.

7. For the purpose of this indemnity, including the giving of any notice required or permitted hereunder, and any proceedings which may be instituted by virtue hereof, the Indemnifier hereby chooses its domicilium citandi et executandi at:

(H) (The Indemnifier) (ID Number) For and on behalf of the NHBRC (ID Number)

3

4

5

6

(E)

The Indemnifier undertakes to pay on demand any sums claimed from it by the NHBRC in respect of the indemnity granted in terms of 1 above. Any sum due by the Indemnifier shall carry interest, reckoned from the date on which such sum became owing, at the publicly quoted primed overdraft rate of the NHBRC's bankers calculated daily on the amount outstanding from to time capitalized monthly.

The indemnifier agrees that a certificate signed by any employees of the NHBRC, whose appointment and authority it shall not be necessary to prove, reflecting the amount of the Home Builder's or the Indemnifiers indebtedness to the NHBRC, (including interest, the rate of interest and the method of calculation thereof) shall be prima proof of the matters stated therein and shall be sufficient for all purposes and legal proceedings including obtaining judgment or provisional sentences.

This indemnity shall continue to be of full force and effect notwithstanding any interim or final settlement of accounts and subsequent to the incurring of any new obligation by the Home Builder, and notwithstanding the death or other legal disability of the Indemnifier. It is agreed that the Indemnifier shall only be released from this indemnity by written notice from the NHBRC releasing the Indemnifier.

The Indemnifier hereby renounces the benefits of excussion and division and cession of actions, being fully acquainted with the meaning thereof. The Indemnifier further waives his or her rights to rely upon prescription of any obligation created in terms hereof.

(G) SIGNED at this .day of 2001

As Witness:

(F) 1. ID Number 2. ID Number

(I) Initial of Indemnifier Initial of Indemnifier

60196/99-1 20658-1

to the housing consumer in full and final settlement of any claim.

5) Should the costs of rectification, as estimated by the Council, in any particular case be less than five percent

of the selling price of the home or R 4000, whichever is the lesser, the costs of such repairs is for the account

of the housing consumer.

Limitations, qualifications and exclusions from deemed warranty

14. The limitations and exclusions contemplated under section 13(2)(b)(i) of the Act in respect of which a home

builder is not liable for loss, damage, destruction or threat of collapse are -

(a) willful acts or willful omissions of the housing consumer or persons residing in the home;

(b) fire, explosion, lightning or damage caused by a third party;

(c) storm, flood or earthquake or any other convulsion of nature;

(d) structural alterations, repairs, modifications or alterations to the home as originally constructed

and which affected the original structure of the home;

(e) inadequate maintenance or abnormal use of the home or the imposition of any load greater than

that for which the structure of the home was designed or the use of the home for any purpose

other than that for which it was designed;

(f) subsidence or landslip from any cause not related to non-compliance with the NHBRC technical requirements;

(g) any change in colour, texture, opacity or staining or other aging process;

(h) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds or the impact of aircraft or other aerial devices or articles dropped or falling

GOVERNMENT GAZETTE, 1 DECEMBER 1999 No. 20658 15

ECEMBER 1999