When Does a Home Builder Warranty Claim Prescribe?

It frequently happens that homeowners only discover major structural defects in their newly built homes sometime after taking occupation. Cracks may appear gradually, floors may sink, or water damage may worsen over months or even years.The Housing Consumers Protection Measures Act 95 of 1998 (“the Housing Consumers Act”) provides a statutory warranty regime to protect housing consumers in these circumstances, requiring home builders to rectify major structural defects at their own cost within a prescribed warranty period. However, disputes frequently arise over when the three-year prescription period under the Prescription Act 68 of 1969 begins to run. Does it start…