A new building’s common areas come with developer defect liability — but it’s the JMB/MC, not individual owners, who must claim. Here is how to use that window.
General guidance for 2026 — not legal advice. Strata management is governed by the Strata Management Act 2013 & Regulations 2015; confirm with your COB or a lawyer. JMB/MC needs maintenance or renovation works? Ask us →
New stratified developments hand over with developer defect liability — and the common areas are a big part of it. Many JMB/MCs miss the window because they don’t realise they (not individual owners) must claim for shared areas. The cost of rectifying common-area defects out of the sinking fund — when they should have been fixed at the developer’s expense — falls on every owner. A newly formed JMB committee should treat the defect liability window as a financial asset that expires on a fixed date — maximising the claim is just good stewardship of owners’ money.
| Parcel (your unit) | Common property | |
|---|---|---|
| Who claims | The individual owner | The JMB/MC |
| Examples | Cracks, leaks, uneven tiles inside the unit | Lobby, lift, facade, drains, pool |
| Timeline | Owner acts directly with developer | JMB/MC must lodge claim collectively |
| Guide | Defect inspection → | This guide |
Individual owners claim defects inside their own parcels. For shared/common areas, the JMB or MC → claims on behalf of all owners — so the committee must take the lead. This is one of the first important duties of a newly formed JMB right after the developer handover →. New committee members sometimes assume that because the building is new, there are no defects worth claiming — this is wrong. Every new building has snags, and common areas often have the most significant ones (facade seepage, drainage failures, lift teething issues) because they cover greater area and complexity than any single unit. Commission the inspection even if the building appears fine to the naked eye.
| Defect type | Why high priority |
|---|---|
| Roof and facade water seepage | Active leaks worsen fast and damage interiors |
| Lift malfunction or noise | Safety concern; developer warranty usually clear |
| Fire system / Bomba deficiencies | Safety risk; affects certificate of fitness |
| Structural cracks in slabs or columns | Structural integrity; needs specialist assessment |
| Plumbing / drainage failures in common areas | Flooding and health risk if unresolved |
The developer must rectify qualifying defects reported within the defect liability period that applies to the development. The committee should know the exact start and end dates and act well before expiry. (For parcels under the HDA, the standard period is 24 months — see defect inspection →.) The common-property DLP may be governed by the same framework or the terms in the sale and purchase agreements — confirm the applicable period early.
If the developer does not fix qualifying defects, or disputes the claim, the committee can escalate. Keep all inspection reports, claim letters, the developer’s responses (or silence), and photo evidence — these documents are critical if the matter proceeds. A developer that is slow to respond often becomes more cooperative when the committee writes formally, citing the applicable Act provisions and the defect liability period end date. The implied message — “we have the documentation and the deadline is approaching” — frequently accelerates rectification.
The single biggest mistake is letting the defect period lapse. Calendar the expiry date, commission the inspection early (at least 3–4 months before expiry), and lodge claims with time to spare. Need help inspecting or rectifying common-area works? ClickBina handles strata common-area repairs →
After the defect liability period expires, all common-property maintenance and repairs become the JMB/MC’s financial responsibility. This is why the transition from developer management to JMB management is so important — a thorough defect claim at handover sets the building up in good condition, with the developer’s rectification work done rather than costs deferred to owners. See developer-to-JMB handover → for the full transition process, and strata records → for how to keep the claim documentation properly. Many JMB/MCs successfully use the defect claim process to recover significant value for owners — new buildings are rarely defect-free, and a well-documented, professionally supported claim maximises what the developer rectifies at no cost to the scheme.
This guide cites Malaysian legislation and official bodies. Always confirm current rates and rules with the official source:
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