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Defect Inspection &
HDA Defect Liability

Just collected keys to a new home? Use your Defect Liability Period properly — what to inspect, how to claim from the developer, and when to call a pro.

New homes sold under the Housing Development Act (HDA) come with a 24-month Defect Liability Period (DLP). Within this period, owners can report defects — cracks, leaks, faulty finishes, electrical and plumbing faults — to the developer in writing for free rectification. Inspect thoroughly soon after handover.

General guidance for Klang Valley homeowners — not legal advice. Confirm specifics with your local council or management. Ask us on WhatsApp.

Buying a new property under the Housing Development (Control and Licensing) Act 1966 (HDA) gives you valuable protection: the developer must fix defects at no cost for a defined period after vacant possession. Most buyers under-use this right — either by not inspecting thoroughly or by not submitting claims in writing. Here is how to make it count fully.

What is the Defect Liability Period under the HDA?

Under the standard statutory Sale and Purchase Agreement (Schedule G for landed homes, Schedule H for strata titles, under the HDA Regulations), the Defect Liability Period is 24 months from the date of vacant possession. During this period the developer is legally responsible for repairing all defects caused by defective workmanship, defective materials, or failure to comply with the approved plans — at no cost to the purchaser.

The developer must repair each reported defect within 30 days of written notification (or such longer period as may be agreed). If the developer fails, you may carry out the rectification yourself and recover the cost from the developer, or escalate to the Tribunal for Homebuyer Claims established under the HDA.

New-home defect inspection checklist

  • Walls & ceilings — hairline cracks, hollow plaster (tap with a coin), uneven paint, water stains, damp patches.
  • Floors — hollow tiles (tap to check bonding), lippage between tiles (>2mm is typically a defect), scratches, uneven screed or grout lines.
  • Doors & windows — check alignment (door should not swing open or fall shut on its own), gap around frames, lock operation, window seals, glass for chips, grille alignment.
  • Bathrooms & kitchen — run taps and check for leaks, test drainage speed, check silicone sealant condition, test water pressure, inspect waterproofing at floor-wall junction.
  • Electrical — test every power point with a tester, check every switch and light, verify DB box labelling and circuit breaker operation, test the doorbell and intercom.
  • Plumbing — flush all toilets, run all taps simultaneously (pressure test), check for drips under sinks and at shower heads, test water heater.
  • Roof & ceiling leaks — inspect the ceiling after rain for water stains or discolouration. See ceiling leak guide →
  • Structure — visible cracks at beam-column junctions or slab soffits; step cracks at brickwork corners; sloping floors.

Most common new-home defects in Malaysia

Defect typeTypical locationSeverity
Hairline & plaster cracksWalls, ceilings, beam-column junctionsLow (cosmetic) unless structural
Hollow / lippage tilesFloors, feature wallsMedium (trips hazard; hollow bonding fails)
Leaks & dampBathrooms, balconies, ceiling from aboveHigh — claim immediately
Door/window misalignmentThroughout; especially high floors due to settlementMedium (operational and security concern)
Poor paint finishWalls, skirting, door framesLow (cosmetic)
Plumbing drips/leaksUnder sinks, cistern connections, shower valvesMedium to high
Electrical faultsDead power points, trip switches, labelling errorsMedium to high

Professional defect inspection cost

A professional defect inspection in the Klang Valley typically costs RM 400–RM 1,500 depending on property size and the inspector’s scope:

Property sizeProfessional inspection costWhat is included
Condo / apartment (700–1,200 sq ft)RM 400–700Visual inspection, basic testing, written report
Terrace house (1,500–2,000 sq ft)RM 600–1,000As above + roof inspection, more extensive testing
Semi-D / bungalow (3,000+ sq ft)RM 900–1,500+Full structural visual, M&E testing, detailed report

A professional report creates a clear, timestamped record to submit to the developer. It is particularly valuable for higher-value units or when you expect significant defects based on the project’s workmanship reputation.

How to claim defects from the developer

  1. Document every defect with photographs and a location note (e.g. “master bedroom ceiling, northeast corner”).
  2. Complete the developer’s defect complaint form (or submit a written letter if no form is provided) within the DLP — keep a copy and note the submission date.
  3. The developer must rectify within 30 days of written notification (or an agreed extension).
  4. Follow up in writing if rectification is not completed on time.
  5. If the developer fails to rectify, you may carry out the works and recover the cost, or escalate to the Tribunal for Homebuyer Claims under the HDA.

Defect claim process at a glance

StepActionTimeline
1. Collect keysDo NOT sign off on the defect form yet — inspect firstDay 0
2. Full inspectionInspect thoroughly or engage a professional inspectorDay 1–14
3. Submit defect listWritten submission with photos to developerWithin 30 days
4. Developer rectifiesDeveloper must respond and fix within 30 days30 days from submission
5. Re-inspectCheck rectification is complete and satisfactoryAfter works done
6. Escalate if neededTribunal for Homebuyer Claims if developer failsWithin DLP (24 months VP)

Developer rectification timeline

Under the HDA standard SPA (Schedule G/H), the developer must rectify defects within 30 days of receiving written notice, or within a mutually agreed extended period for complex defects. If they fail, you have the right to carry out the rectification yourself and recover the reasonable cost from the developer through written demand or, if necessary, through the Tribunal for Homebuyer Claims. Keep all receipts for any rectification work you commission yourself.

Planning to renovate after handover?

Get all developer defects fixed under the DLP before starting any renovation work. Once you alter finishes — retile, repaint, add partitions — the developer will argue that any related defect was caused by your renovation, making the claim difficult to enforce. The practical order: (1) collect keys; (2) inspect and submit the full defect list; (3) wait for rectification; (4) then plan and commence your renovation.

When you are ready to renovate, see our house renovation cost guide → or WhatsApp ClickBina — we help new homeowners snag defects and plan the fit-out in the right order.

Mistakes to avoid

  • Signing the defect list at key collection without inspecting — some developers push homeowners to sign off quickly at key collection. Take your time; you can submit defects at any point within the 24-month DLP.
  • Submitting verbal complaints only — phone calls and WhatsApp messages to the developer’s customer service team are not formal written notice under the HDA. Submit the defect form or a written letter with a date and keep a signed copy.
  • Renovating before claiming developer defects — altering finishes forfeits your right to claim for anything hidden behind or under the altered surface.
  • Missing the 24-month deadline — claims submitted after the DLP expires have no statutory backing. Diarise the DLP expiry date (24 months from VP letter date) and ensure all claims are submitted in writing before it.

Sources & official references

This guide cites Malaysian legislation and official bodies. Always confirm current rates and rules with the official source:

Common Questions

How long is the defect liability period in Malaysia?
For homes sold under the standard HDA SPA (Schedule G for landed, Schedule H for strata), the Defect Liability Period is 24 months from the date of vacant possession. Defects reported in writing within this period must be repaired by the developer free of charge within 30 days.
What should I check during a new-home defect inspection?
Inspect walls and ceilings for cracks, hollow plaster and water stains; floors for hollow or lippage tiles; doors and windows for alignment; bathrooms and kitchen for leaks and drainage; and test every electrical point, switch and plumbing fixture. Inspect after rain for ceiling leaks.
How do I claim defects from my developer?
Document every defect with photos and location notes, then submit the developer’s defect complaint form (or a written letter) within the 24-month DLP — keep a dated copy. The developer must rectify within 30 days; if they fail, you can escalate to the Tribunal for Homebuyer Claims under the HDA.
How much does a professional defect inspection cost in Malaysia?
In the Klang Valley, a professional inspection costs RM 400–700 for a condo, RM 600–1,000 for a terrace house, and RM 900–1,500+ for a semi-D or bungalow. The inspector provides a detailed report with photos to submit to the developer.
Should I renovate before or after fixing developer defects?
Fix all developer defects under the DLP first, then renovate. Altering finishes before claiming defects allows the developer to attribute any related defect to your renovation rather than their workmanship, making claims difficult to enforce.
What is the Tribunal for Homebuyer Claims?
The Tribunal for Homebuyer Claims is established under the Housing Development (Control and Licensing) Act 1966 to resolve disputes between homebuyers and developers. It is accessible, low-cost and faster than civil litigation. Homebuyers can file claims for unresolved defects, late delivery and other HDA breaches.
What happens if my developer refuses to fix defects?
If the developer fails to rectify within 30 days of written notification (or an agreed period), you can carry out the rectification yourself and recover the reasonable cost from the developer through written demand. If they still refuse, file a claim with the Tribunal for Homebuyer Claims under the HDA.
Can I claim defects discovered after the 24-month DLP expires?
Defects discovered after the DLP expires have no statutory backing under the HDA. However, latent structural defects may have remedies under general contract law or the sale and purchase agreement — consult a lawyer for advice. This is why thorough inspection before the DLP expires is so important.

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