Defect liability period Malaysia calculator: your repair deadlines

The short answer

The defect liability period (DLP) is the time during which the developer of a new home must repair faults at its own cost. The calculator at the top of this page turns the rules below into dates for your own home.

• How long. The defect liability period (DLP), tempoh liabiliti kecacatan in the Malay text of the agreements, is 24 months from the date you take vacant possession (VP) of the unit. It is set by the law, not by the developer (Schedule G clause 27, Schedule H clause 30).
• What it covers. Any defect, shrinkage or other fault that appears within those 24 months and is due to defective workmanship or materials, or to the property not being built to the approved plans and description in your SPA. In a strata project this includes the common property.
• The developer’s deadline. The developer must repair at its own cost within 30 days of receiving your written notice.
• If it does not. You notify the cost and your intention to do the works, the developer gets 30 more days, then you may repair it yourself and recover the cost from the 5% of the price held by the developer’s solicitors as stakeholder.
• If it is still unresolved. You can file at the Tribunal for Homebuyer Claims: up to RM50,000 per claim, RM10 filing fee, no later than 12 months after the DLP ends.

What the calculator shows

• The date you got the keys. Everything counts from the day you took vacant possession (VP), the legal term for receiving the home empty, with the keys.
• Month 8. Half of the 5% held by the developer’s lawyers is due to the developer on this date, unless they received a copy of your defect notice first. Send the copy before this date if you have found a fault.
• Month 24. The DLP ends. A fault that appears by this date is covered, and the second half of the 5% is due to the developer unless the lawyers received a copy of a defect notice first.
• Month 36. The last day to file a defect claim at the Tribunal for Homebuyer Claims, 12 months after the DLP ends.

The dates are counted in calendar months. They suppose an agreement in the statutory form signed since 1 July 2015, so check your own agreement.

When the 24 months start

The clock starts on the date you take vacant possession, not on the date you sign the SPA or move in.

Under the agreement, the developer may only hand over when the certificate of completion and compliance (CCC) has been issued and water and electricity are ready for connection. For a strata unit, the separate strata title must also be issued, unless the Controller of Housing has certified in writing that handover can take place without it (Schedule H clauses 27 and 28). Handover includes giving you the keys.

There is one trap. If the developer serves you a notice to take possession and you do not collect the keys, you are deemed to have taken vacant possession 30 days after the notice is served (Schedule G clause 26(3), Schedule H clause 27(3)). The DLP then starts anyway. Keep the developer’s notice and note its date.

What the developer must repair

The clause is the same in all four schedules. A defect is covered when three conditions are met:

1. It is a defect, shrinkage or other fault in the unit, the building or (for strata) the common property. Shrinkage cracks are named expressly.
2. It becomes apparent within 24 months of VP. What counts is when the defect appears, not when it is repaired.
3. It is due to defective workmanship or materials, or to a departure from the approved plans and description attached to the SPA.

The third limb is wider than it looks. In Lakefront Residence Sdn Bhd v Tribunal Tuntutan Pembeli Rumah (Court of Appeal, [2023] MLJU 2352), the developer replaced the central air-conditioning shown in the plans with split units whose compressors sat in the kitchen yard. The court held that this was a “defect” within the clause, so the buyers could recover what they had spent relocating the compressors (LHAG, 8 February 2024).

The developer repairs at its own cost and expense. Nothing in the clause allows it to charge you for the repair or to choose to pay you instead.

The 30-day rule and your right to repair yourself

Schedule H clause 30(2) (and Schedule G clause 27(2)) sets a precise sequence.

Step	Who	Deadline
You send a written notice listing the defects	Purchaser	Any time within the 24 months
The developer repairs	Developer	30 days from receiving the notice
If not repaired: you notify the cost and your intention to do the works, before starting	Purchaser	Any time after the 30 days
The developer may still do the works	Developer	30 days from your notice of intention
You start the works as soon as practicable and claim the cost	Purchaser	After the second 30 days
The developer’s solicitors release the cost from the stakeholder sum	Developer’s solicitors	30 days from your written demand

Skipping the second notice weakens your claim, because the clause makes it a condition of recovering the cost.

The 5% held by the developer’s solicitors

On the day you take vacant possession, the last 5% of the purchase price is paid to the developer’s solicitors, who hold it as stakeholder, not as the developer’s money (Third Schedule, item 5, of Schedules G and H):

• 2.5% is released to the developer 8 months after VP;
• 2.5% is released 24 months after VP.

You can stop each release. If, before month 8 or month 24, you serve a copy of your defect notice on the developer’s solicitors, they may not release the relevant 2.5% until they receive a certificate from the developer’s architect that the defects have been made good (clause 30(3) of Schedule H, 27(3) of Schedule G). The solicitors are named in your SPA. Sending the notice only to the developer does not trigger this protection.

The stakeholder sum is also where the cost of your own repairs is paid from. It is capped by what remains held: 5% of the price at most.

Unit or common property: who claims

In a strata project, Schedule H clause 30 covers the parcel, the building and the common property (lifts, corridors, roof, car park, facilities). Any purchaser can serve a notice for a common property defect, but proving it alone is costly. Lawyers quoted by EdgeProp note that owners usually act together (EdgeProp, 15 December 2022).

The Strata Management Act 2013 (Act 757) adds three layers:

• Who manages. The developer manages the common property at first. It must convene the first meeting of the Joint Management Body (JMB) within 12 months of VP of the first parcel. The owners’ Management Corporation (MC) takes over once strata titles are issued (Act 757, ss.17-22). The JMB or MC can report defects to the developer and, on its own account, pursue it.
• A deposit with the Commissioner of Buildings. At VP the developer must pay a deposit, in an amount set by the Commissioner of Buildings (COB), to fund the rectification of common property defects. The COB may use it for that work and ask for more if it runs short. What is unused is refunded to the developer when the development’s DLP ends (s.92).
• A duty that does not move. Appointing a managing agent does not relieve the developer of its duty to repair common property defects during the DLP (s.90).

Courts have also allowed a JMB to sue a developer in negligence for common property defects, without a direct contract. In August 2025 the Court of Appeal upheld the developer’s liability to the Subang Parkhomes JMB, with damages to be assessed (Free Malaysia Today, 5 August 2025).

How to claim, step by step

1. Check the handover. Make sure the CCC is issued and utilities are ready. Note the VP date, or the date of the developer’s notice.

2. Inspect and list. Go room by room: walls, floors, ceilings, doors and windows, plumbing, wiring, finishes, and anything that differs from the plans and specifications in your SPA. For each defect, record the location, a short description and a dated photo.

   What to note for each defect (a checklist, not a legal template): the room and exact location; a dated photo; the date you first saw it; and whether it is in your unit or in the common property. Send the list in writing to the developer and a copy to the developer’s solicitors.

3. Send a written notice to the developer. Keep proof that it was received: an acknowledged copy, registered post, or an e-mail with a reply.

4. Send a copy to the developer’s solicitors. Do it before month 8 and, for later defects, before month 24.

5. Follow up the repairs. Give access, check each item, and sign off only what is actually fixed.

6. After 30 days, notify cost and intention. Get a quotation and send it to the developer with your intention to do the works.

7. After 30 more days, repair and claim. Keep invoices and receipts, and send a written demand to the developer’s solicitors.

8. If still unresolved, go to the Tribunal (next section).

Defects can appear in waves. You can send several notices during the 24 months; each starts its own 30 days.

The Tribunal for Homebuyer Claims

The Tribunal for Homebuyer Claims (Tribunal Tuntutan Pembeli Rumah, TTPR) is set up under the Housing Development Act and sits within the Housing Ministry’s Tribunal for Housing and Strata Management. In 2023 it resolved 1,331 homebuyer cases (RTM, 30 January 2024).

Point	Rule	Source
Maximum claim	RM50,000 per claim	Act 118 s.16M (HBA text)
Splitting	Not allowed for the same matter; separate claims for different matters on the same unit can each reach RM50,000	s.16Q; Federal Court, Remeggious Krishnan v SKS Southern [2023] 4 CLJ 36 (FMT, 17 March 2023)
Filing fee	RM10, Form 1, four copies	Tribunal Regulations 2002 (HBA text)
Deadline for defects	No later than 12 months after the DLP ends, i.e. about 36 months after VP	s.16N(2)(b); Lakefront Residence (LHAG)
Developer’s defence	14 days after service of the claim	Regulation 10(1)
Award	Without delay and, where practicable, within 60 days from the first day of the hearing	s.16Y(1)
Lawyers	Not allowed, unless the Tribunal finds complex issues of law and severe financial hardship to a party without one	s.16U(2)
Effect	Final and binding, deemed a Magistrate’s or Sessions Court order; not complying is an offence	ss.16AC, 16AD

The claim must be based on the SPA, and it must come from a homebuyer. You file the claim with its copies at the Tribunal’s registry and serve one sealed copy on the developer. The Tribunal decides on the terms of the agreement. In one case, a buyer’s claim for a balcony shown as sheltered in the show unit, but not described that way in the SPA, was dismissed (Richard Wee Chambers, 23 September 2022).

The same law firm lists the documents usually attached: the SPA, the VP acceptance, the CCC, a list of the defects claimed, colour photographs, and your correspondence with the developer.

Claims above RM50,000 for the same matter, claims not based on the SPA and claims for personal injury go to the courts. The Tribunal does not take away your right to go to court.

What the DLP does not cover

• Defects that first appear after 24 months. The statutory clause no longer applies. General law routes, such as negligence, may exist; whether they fit a case is a question for a lawyer.
• Damage you or your contractor cause. The clause covers faults due to the developer’s workmanship, materials or departure from plans. Damage from later renovation, misuse or normal wear is not of that kind.
• Promises outside the SPA. Brochures, show units and verbal promises are not part of the clause unless they are in the agreement or form part of the same transaction, as the court found for the deed of mutual covenant in Lakefront Residence.
• Late delivery. It is a separate clause: the SPA provides an indemnity to the buyer when VP or the common facilities are delivered late. It is claimed on its own basis, not under the DLP.
• Personal injury. Courts only.

Projects outside the Housing Development Act

The Act and its statutory agreements apply to housing accommodation built by a licensed developer. Shops, offices and units approved as commercial space are not covered. In August 2025 the Housing Minister said the ministry was studying amendments to extend the Act’s enforcement to problematic commercial projects (Malay Mail, 18 August 2025). In November 2025 the ministry said a Real Property Development Bill, replacing Act 118 and also covering commercial projects, would be tabled in June 2026; we found no record of its tabling by 29 October 2026 (The Star, 20 November 2025).

For these projects there is no statutory DLP: the defect period, the repair deadline and any retention sum are whatever the contract says, and the Homebuyer Tribunal is not available. Disputes go to the courts under the contract.

Hybrid products sit in between. Property portals report that SOHO units and many serviced apartments on commercial land are sold under a Schedule H agreement because they are approved for residential use, while SOFO and SOVO units usually are not (PropertyGuru). The name of the product does not decide. The agreement you signed does: if it follows Schedule H, the rules above apply; if it is a private contract, read its own defect clause.

About this edition

This guide was rewritten from scratch on 29 October 2026. It describes the law and the official procedure. It is not legal advice: for your own case, speak to an advocate and solicitor or to the Tribunal for Homebuyer Claims.

It covers residential projects in Peninsular Malaysia sold by a licensed developer under the standard sale and purchase agreements (SPAs) set by the Housing Development (Control and Licensing) Regulations 1989: Schedule G for landed houses and Schedule H for strata units (condos, apartments, townhouses with strata title). Schedules I and J, used for build-then-sell projects, contain the same defect clauses. We quote the wording in force since 1 July 2015, from the Federal Gazette text of the 2015 amending regulations. Agreements signed before that date may differ. Sabah and Sarawak have their own laws.

We checked for later changes. As of 29 October 2026 we found no amendment to the defect liability clauses or to the RM50,000 Tribunal limit. The ministry’s August and November 2025 statements on amending Act 118 and on the Real Property Development Bill are set out under Projects outside the Housing Development Act. The DLP clauses and the RM50,000 Tribunal limit are unchanged.

FAQ

What is the defect liability period in Malaysia? 24 months from the date you take vacant possession, for homes sold by a licensed developer under the statutory agreements (Schedule G clause 27, Schedule H clause 30). During that time the developer must repair defects at its own cost within 30 days of your written notice.

What is “defect liability period” in Malay? Tempoh liabiliti kecacatan. It is the heading of clause 27 of Schedule G and clause 30 of Schedule H in the Malay text of the 2015 amending regulations (read 29 October 2026). Vacant possession is pemilikan kosong.

When does the DLP start, and how do I find my DLP date? On the date you take vacant possession (VP), not the SPA date or your move-in date. If you do not collect the keys, you are deemed to take VP 30 days after the developer’s notice. Your DLP ends 24 months later: enter the date in the tool above.

What does VP mean in property? Vacant possession: the developer hands you the unit empty, with the keys, once the certificate of completion and compliance (CCC) is issued and water and electricity are ready for connection.

Can the developer hand over the keys before the CCC? Not under Schedules G and H: vacant possession may only be delivered once the CCC has been issued and utilities are ready for connection (Schedule H clauses 27 and 28).

Is the DLP 12, 18 or 24 months? 24 months for agreements in the statutory form. Projects outside the Housing Development Act (shops, offices, many SOFO and SOVO units) follow their own contract, which may set a different period (see Projects outside the Housing Development Act).

What can I claim after the DLP ends? The statutory clause no longer applies to defects that first appear after 24 months. A Tribunal claim for defects can still be filed up to 12 months after the DLP ends (s.16N(2)(b) of the Act). Other routes are a question for a lawyer.

How long is the DLP period? 24 months from vacant possession. The law sets it, not the developer. For shops, offices and other projects outside the Housing Development Act, the contract sets the period, so read your own defect clause.

What happens after the defects liability period ends? At month 24 the second 2.5% of the price held by the developer’s solicitors falls due to the developer, unless they already received a copy of your defect notice. The statutory clause no longer covers defects that first appear later. A Tribunal claim for defects can still be filed up to 12 months after the DLP ends (s.16N(2)(b)).

Sources

• Housing Development (Control and Licensing) (Amendment) Regulations 2015, Federal Government Gazette, in force 1 July 2015. Schedule G clauses 24, 26-27 and Third Schedule; Schedule H clauses 25, 27-30 and Third Schedule. Read 29 October 2026.
• Housing Development (Control and Licensing) Act 1966, Part on the Tribunal (ss.16M-16AD), text published by the National House Buyers Association. Read 29 October 2026.
• Housing Development (Tribunal for Homebuyer Claims) Regulations 2002, P.U.(A) 476/2002. Read 29 October 2026.
• Strata Management Act 2013, ss.1-29 and ss.63-150, consolidated text by Low & Partners. Read 29 October 2026.
• LHAG Insights on Lakefront Residence, 8 February 2024.
• Free Malaysia Today on Remeggious Krishnan, 17 March 2023, and on Subang Parkhomes, 5 August 2025.
• Richard Wee Chambers, practical guide to the Homebuyer Tribunal, 23 September 2022.
• EdgeProp on common property defects, 15 December 2022.
• Malay Mail on the planned amendments, 18 August 2025.
• The Star on the Real Property Development Bill, 20 November 2025.
• RTM on Tribunal caseload, 30 January 2024.