The short answer
The defect liability period (DLP) is your repair window after you get the keys. For homes sold under the statutory Schedule G (landed) and Schedule H (strata) agreements, it is 24 months from vacant possession.
During that time:
- You report defects to the developer in writing.
- The developer must repair them within 30 days of receiving your complaint, at its own cost.
- If it does not, you can give written notice of the repair cost. If it still does not act 14 days after that, you may recover the cost from the money held by the developer's lawyer as stakeholder.
Inspect early, report everything in writing, and keep copies. For later claims, the Tribunal for Homebuyer Claims hears cases of up to RM 50,000 each. Want me to work it out for your own case? WhatsApp +60 17-279 8932.
What the DLP is for
No new building is perfect on day one. Cracks, leaks, uneven tiles and faulty fittings often show up only after people move in and use the home through rain and heat. The DLP makes the developer responsible for fixing defects caused by poor work or materials during a set period after handover.
The rule comes from the statutory sale and purchase agreements under the Housing Development (Control and Licensing) Regulations 1989. The National Housing Department sets out the main points, summarised in the short answer above.
When it starts and ends
| Event | What it means for the DLP |
|---|---|
| Vacant possession (VP) | The DLP starts. See the VP guide |
| Month 1 to month 24 | Report defects in writing; developer repairs within 30 days |
| End of month 24 | The DLP ends |
| Up to 12 months after the DLP ends | Time to file a defect claim at the Tribunal for Homebuyer Claims |
The start date is the date you take vacant possession under the SPA, not the date you move in or finish renovation. Mark it in your calendar.
What counts as a defect
A defect is a fault in the work or materials that the developer was responsible for. Common examples:
- Cracks in walls, ceilings or floors.
- Water seepage or leaks from the roof, windows, bathrooms or pipes.
- Hollow, cracked or uneven tiles.
- Doors and windows that do not close or lock properly.
- Faulty electrical points, switches or plumbing fittings.
- Poor paint work, stains or uneven surfaces.
Usually not covered:
- Damage from your own renovation or contractor.
- Wear and tear from normal use.
- Items you added yourself, such as built-ins or appliances.
For a strata home, defects in the common property, such as the lobby, lifts or roof, are handled through the developer and the management body, not through your own unit's defect list. The maintenance fee guide explains who manages common areas.
How to report a defect
- Inspect the unit soon after VP. Do it in daylight, and again after heavy rain.
- List each defect. Room, location, what is wrong.
- Take photos. Wide and close up, with something for scale.
- Submit in writing. Use the developer's defect form or portal if it has one, and keep a copy or acknowledgement with the date.
- Give access. Agree a date for the contractor to come in.
- Check the repair. Sign off only when the repair is done properly. If not, report again in writing.
Keep every complaint and reply in one file. The National Housing Department advises keeping copies, because you may need them at the tribunal.
If the developer does not act
The National Housing Department sets out the steps:
| Step | What happens |
|---|---|
| 1 | You report the defect in writing |
| 2 | The developer has 30 days to repair it |
| 3 | If it does not, you tell the developer in writing what the repair will cost, by registered post or through your lawyer |
| 4 | If the developer still does nothing 14 days after that notice, you may recover the cost from the money held by the developer's lawyer as stakeholder |
Before you hire your own contractor, get a written quote and ask your lawyer to check you have followed the steps in your SPA.
The Tribunal for Homebuyer Claims
The Tribunal for Homebuyer Claims (Tribunal Tuntutan Pembeli Rumah) is a cheaper, simpler and faster route than going to court.
- Limit. Each claim can be up to RM 50,000.
- Timing for defects. File within 12 months after the defect liability period ends.
- What to bring. The SPA, your written complaints, the developer's replies, photos and repair quotes.
The rules on timing have been tested in court, so check the deadline for your case with the tribunal or a lawyer before it runs out.
Inspection checklist
| Area | What to check |
|---|---|
| Walls and ceilings | Cracks, damp patches, uneven paint |
| Floors | Hollow tiles (tap them), cracks, level |
| Doors and windows | Opening, closing, locks, gaps, seals |
| Bathrooms | Water flow, drainage, leaks under sinks, tile joints |
| Kitchen | Plumbing, sink, any fitted cabinets supplied |
| Electrical | Every switch and socket, the DB box, lights |
| Balcony and exterior | Drainage, railing, cracks, seepage after rain |
Some owners hire a professional inspector. If you do, ask for a written report you can attach to your complaint.
Common mistakes
- Starting renovation before reporting original defects, which makes it hard to prove who caused them.
- Reporting by phone or chat only, with no written record.
- Forgetting the DLP start date and missing the window.
- Accepting a poor repair without reporting again.
Check before you sign
This page explains the DLP in general under the statutory agreements. It is not legal advice, and some projects may have approved variations. Check the DLP clause in your own SPA, and ask your lawyer if a dispute arises. For help with a specific property, WhatsApp Shyan Yee (REN 46305, IQI Realty) at +60 17-279 8932.
Frequently Asked Questions
How long is the defect liability period in Malaysia?
For homes sold under the statutory Schedule G and Schedule H agreements, it is 24 months after vacant possession, according to the National Housing Department.
How fast must the developer repair a defect?
Within 30 days of receiving your complaint, according to the National Housing Department. Report every defect in writing so the date is clear.
What if the developer does not repair within 30 days?
You can tell the developer in writing, by registered post or through your lawyer, what the repair will cost. If the developer still does not act within 14 days after that notice, you may recover the cost from the money held by the developer's lawyer as stakeholder.
Can I go to the Tribunal for Homebuyer Claims for defects?
Yes. The tribunal hears claims of up to RM 50,000 each. For defects, the claim should be filed within 12 months after the defect liability period ends. Check the timing for your case with the tribunal or a lawyer.
Does DLP cover renovation damage?
Defects caused by your own renovation contractor are generally not the developer's responsibility. Inspect and report original defects before renovation starts.
Does DLP apply to a subsale home?
The DLP is counted from the vacant possession date under the developer's SPA with the first buyer. If you buy a fairly new subsale unit, ask your lawyer whether any of the period is left and whether the seller's defect rights pass to you.
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