Defect Liability Period Malaysia

The plaintiff the joint management body of the development brought an action on behalf of the residents against the developer for latent defects in october 2016 some 9 years after the construction had been completed.

Defect liability period malaysia. The defect liability period typically lasts for 18 months. It s important to note that not all new developments come with a dlp as the housing development act hda only protects properties and developments under a residential title. Sub clause 27 1 of construction industry development board cidb. The alleged defects were discovered sometime in 2014 7 years after construction was completed in 2007.

Property owners should note that the provisions discussed above will apply regardless of the defect liability period stated in the sale and purchase agreement. Defects liability period how to make your claims a. In very simple terms this is the warranty period for new homes. In this period the developer is duty bound to repair any kind of construction fault that may come to light.

The defect liability period is defined as the period of time from the date you receive delivery of vacant possession and keys to your property where the developer is responsible to fix any defects. It s important to note that not all new developments come with a dlp as the housing development act hda only protects properties and developments under a residential title. Any issues need to be reported back to the developer to get them repaired for free. And within this period the homeowner will need to check for any damage defects and poor or faulty workmanship.

During this time the developer is obliged to repair faulty workmanship discovered at no cost to the buyer. Comparative study of defect liability period practice in malaysia and nigeria building industry. Under hda malaysia the defect liability period spans 24 months starting from the receipt of the keys. The amendments also appear to impose a high standard on developers to ensure that latent defects do not occur after 6 years.

The defect liability period is defined as the period of time from the date you receive delivery of vacant possession and keys to your property where the developer is responsible to fix any defects. This period spans about 24 months from the day the buyer receives delivery of vacant possession vp and gets the keys to the house. If you find any defects in the property after receiving vacant possession make sure you submit the defects list in writing to the developer within 18 or 24 months whichever is applicable from the date of vacant possession.