Developer Not Fixing Defects in Malaysia? Your Legal Rights During the Defect Liability Period

Buying a new property is one of the biggest financial commitments for most Malaysians. Whether it is a condominium, apartment, or landed house, homeowners expect the property to be delivered in proper condition after receiving vacant possession.

Unfortunately, many homeowners quickly discover that their new property contains various construction defects. These may include cracked walls, hollow tiles, leaking pipes, water seepage, poor plastering, or uneven flooring. While these defects are common in newly completed developments, the real frustration begins when the developer is not fixing defects even after the homeowner has reported them.

Across Malaysia, complaints about developer delaying defect repair works have become increasingly common. Some developers take weeks or even months to respond. Others may ignore defect reports completely, leaving homeowners unsure about what they should do next.

Fortunately, Malaysian housing law provides protection for homebuyers through the Defect Liability Period (DLP). During this period, developers are legally obligated to repair construction defects reported by homeowners.

If your developer is not fixing defects in Malaysia, there are several legal options available to ensure your rights as a homebuyer are protected. This guide explains everything you need to know about the Defect Liability Period in Malaysia, your legal rights under the Sale and Purchase Agreement, and how to file a claim with the Tribunal Tuntutan Pembeli Rumah.

Understanding the Defect Liability Period (DLP) in Malaysia

What Is the Defect Liability Period?

The Defect Liability Period in Malaysia is a protection period provided to homebuyers after they receive vacant possession of their property. Under the Housing Development (Control and Licensing) Act 1966 (HDA) and the standard Sale and Purchase Agreement (SPA), developers are required to repair defects discovered in the property within a specific timeframe.

For most residential properties sold under Schedule G (landed property) and Schedule H (stratified property), the Defect Liability Period lasts 24 months from the date of vacant possession.

During this 24-month period, homeowners can report any construction defects that arise in the property. The developer must then carry out the necessary repair works at their own cost.

This legal protection ensures that buyers are not forced to bear the cost of poor workmanship, defective materials, or construction mistakes.

Types of Defects Covered During the Defect Liability Period

The Defect Liability Period in Malaysia covers defects caused by construction issues, workmanship problems, or material failures. These defects must be related to the original construction of the property.

Structural Defects

Structural defects may include cracks in beams, columns, or load-bearing walls. These defects can potentially affect the safety and stability of the building if not repaired promptly.

Finishing and Workmanship Defects

Many new homeowners discover finishing defects shortly after receiving their property. These may include:

• Hollow tiles on floors or walls
• Uneven plastering
• Paint defects
• Poor tiling alignment
• Improper sealing around windows

Although these defects may appear minor, they often indicate poor construction quality.

Plumbing and Water Leakage Issues

Water leakage is one of the most frequently reported problems in new homes. This may involve leaking pipes, blocked drainage outlets, or water seepage through walls and ceilings.

If these issues are not repaired quickly, they can lead to mould growth, structural damage, and costly repairs later.

Why Reporting Defects Early Is Critical

Many homeowners assume they have plenty of time to report defects during the Defect Liability Period Malaysia. However, delays in reporting can cause several problems.

First, some defects may worsen over time. For example, a small plumbing leak can eventually cause serious water damage.

Second, developers may dispute whether a defect occurred within the Defect Liability Period. If defects are reported too late, the developer may argue that the damage was caused by the homeowner.

For these reasons, it is always advisable to inspect the property thoroughly and report defects as early as possible after receiving vacant possession.

What the Law Says About Developer Defect Repairs

Developer's Legal Responsibility Under Malaysian Law

Under the Housing Development (Control and Licensing) Act 1966, developers are legally required to rectify construction defects reported during the Defect Liability Period.

This obligation is clearly stated in the Sale and Purchase Agreement signed between the developer and the buyer. The SPA requires developers to repair defects caused by defective workmanship, materials, or construction.

If a developer is not fixing defects in Malaysia, they may be breaching their contractual obligations under the SPA.

The 30-Day Repair Requirement

Once a homeowner sends a written defect notice, the developer must arrange to repair the defects within a reasonable timeframe.

In most cases, the SPA provides that the developer must carry out the repair works within 30 days after receiving the defect notice.

This means the developer cannot simply ignore the complaint or delay the repairs indefinitely.

If the developer fails to respond or refuses to repair the defects within the required period, the homeowner may take further legal action.

Why Written Defect Notices Are Important

One of the most common mistakes homeowners make is reporting defects verbally without sending a formal written notice.

While it may seem convenient to report defects through phone calls or informal conversations with site staff, these reports are difficult to prove later if a dispute arises.

The safest approach is to send a written defect notice to the developer. This can be done through:

• Registered post (AR Registered Mail)
• Email with acknowledgement
• Official developer defect reporting system

Having written proof ensures that the developer cannot deny receiving the defect report.

What to Do If the Developer Is Not Fixing Defects

If your developer is not fixing defects in Malaysia, homeowners are not powerless. The Sale and Purchase Agreement provides several options that buyers can take to enforce their rights.

Option 1: Arrange Repair Works Yourself

If the developer fails to repair defects within the required timeframe, the homeowner may arrange for the repair works to be carried out by an independent contractor.

This option allows homeowners to avoid long delays while ensuring the defects are repaired properly.

However, homeowners should first ensure that the developer has been given sufficient notice and time to carry out the repair works.

Option 2: Claim Repair Costs from the Developer

Homeowners may recover the repair costs from the developer if the developer fails to fix the defects after receiving proper notice.

This claim can be made against the stakeholder retention sum, which is typically 5% of the purchase price held by the developer's solicitor.

The retention sum is specifically intended to protect buyers during the Defect Liability Period.

Option 3: Gather Evidence for Legal Action

Before pursuing legal action, homeowners should collect all relevant evidence related to the defect dispute. Important documents include:

• Sale and Purchase Agreement
• Defect reports
• Photographs of defects
• Copies of written notices sent to the developer
• Repair quotations or invoices

Proper documentation can significantly strengthen the homeowner's case.

Filing a Claim with the Tribunal Tuntutan Pembeli Rumah

When a developer refuses to fix defects, homeowners in Malaysia can file a claim with the Tribunal Tuntutan Pembeli Rumah (TTPR).

What Is the Tribunal Tuntutan Pembeli Rumah?

The Tribunal Tuntutan Pembeli Rumah is a legal body established under the Housing Development Act to resolve disputes between homebuyers and developers.

It provides a faster and more affordable alternative to civil court proceedings.

The tribunal commonly handles cases involving:

• Developer not fixing defects
• Delays in defect repair
• Claims related to the Defect Liability Period
• Compensation claims from developers

Benefits of Using the Tribunal

Many homeowners choose to file a tribunal tuntutan pembeli rumah defect claim because the process is relatively simple. Key advantages include:

• Low filing fees — The tribunal filing fee is relatively low compared to civil court litigation.
• Faster case resolution — Tribunal cases are usually resolved within a few months, while civil court cases may take years.
• No need for expensive legal representation — Homeowners can represent themselves during tribunal hearings without hiring a lawyer.

Claim Limits and Eligibility

The Tribunal Tuntutan Pembeli Rumah currently allows claims of up to RM50,000.

Claims must also be filed within a specific time period, typically within 12 months after the Defect Liability Period ends or after the defect dispute arises.

Homeowners should verify the eligibility requirements before filing a claim.

Evidence Required for Tribunal Cases

To file a successful claim, homeowners should prepare the following documents:

• Sale and Purchase Agreement (SPA)
• Defect inspection report
• Written defect notices sent to the developer
• Photographs showing the defects
• Repair quotations or invoices

Providing clear and organised evidence increases the chances of a favourable decision.

Why Professional Defect Inspection Is Important

Many homeowners rely on their own visual inspection when checking their new property. However, construction defects are not always obvious to the untrained eye.

A professional defect inspection can help identify hidden construction issues before they become more serious.

Detecting Hidden Construction Defects

Professional inspectors use systematic inspection methods to identify defects such as:

• Hollow tiles
• Water seepage
• Structural cracks
• Poor workmanship
• Drainage problems

These defects are often missed during casual inspections by homeowners.

Strengthening Legal Claims Against Developers

A professional inspection report can also serve as strong evidence if a dispute arises with the developer.

Such reports provide detailed documentation of the defects, including photographs and technical explanations.

This documentation can be extremely valuable when filing a tribunal tuntutan pembeli rumah defect claim.

Ensuring All Defects Are Reported Within the DLP

A comprehensive inspection helps homeowners identify all defects before the Defect Liability Period Malaysia expires.

Once the DLP ends, the developer is generally no longer responsible for repairing construction defects.

For this reason, many homeowners choose to conduct a professional inspection soon after receiving vacant possession.

Conclusion: Protecting Your Rights When Developers Refuse to Fix Defects

Construction defects are a common issue in newly completed properties. However, homeowners should not feel helpless if their developer is not fixing defects in Malaysia.

Malaysian housing law provides important protections through the Defect Liability Period, ensuring that developers remain responsible for repairing construction defects within the specified timeframe.

If a developer delays or refuses to carry out repairs, homeowners can take several steps to protect their rights. These include arranging repair works independently, claiming repair costs from the developer, or filing a claim with the Tribunal Tuntutan Pembeli Rumah.

The key to resolving defect disputes is early action, proper documentation, and a clear understanding of your legal rights.

By taking the correct steps during the Defect Liability Period Malaysia, homeowners can ensure that their property defects are addressed and that developers fulfil their legal obligations.