20180927 (Thu)
Defect Liability Period, when does it start counting? Is the Freebie Air-con also included in the Defect Liability Period? Part 1.
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. The defect liability period typically lasts for 18 months (previously only 12 months) – West Msia 24 months (new amendment). And within this period, the homeowner will need to check for any damage, defects, and poor or faulty workmanship. Any issues can be reported back to the developer to get them repaired for FREE.
Buyers are in the habit of undertaking extensive renovations to the property upon delivery of vacant possession of the completed property by the developer. In such an event, the developer is no longer liable for the defects of the property purchased and delivered. Effectively, the defects liability period as stated in the sale and purchase agreement is of little use due to the perception and conduct of the buyer which may be due to ill advice or adventurous conduct of the buyer.
For Sarawak, under the Housing Developers (Control & Licensing) Regulations, 1998 for Strata Buildings, which is to follow Form H – Sale & Purchase Agreement (Subdivided Building), it is specified as:
24. Manner of delivery of vacant possession
(2) Upon expiry of fourteen (14) days from the date of a notice from the Vendor requesting the Purchaser to take possession of the said Parcel, whether or not the Purchaser has actually entered into possession or occupation of the said Parcel, the Purchaser shall be deemed to have taken delivery of vacant possession and the Vendor thereafter shall not be liable for any loss or damage to the said Parcel and/or the fixtures and fittings therein.
For West Malaysia, under the Housing Development (Control & Licensing) Regulations, 2015 amendment, it is specified that:
27. (3) Upon expiry of thirty (30) days from the date of service of a notice from the Developer requesting the Purchaser to take possession of the said Parcel, whether or not the Purchaser has actually entered into possession or occupation of the said Parcel, the Purchaser shall be deemed to have taken delivery of vacant possession.
We continue with the warranty of air conditioner tomorrow.
Ref:
Subclause 24(2), Form H, Housing Developers (Control & Licensing) Regulations, 1998 for Sarawak.
Subclause 27(3), Sch J, Housing Development (Control & Licensing) Regulations, 2015 (Amended).