The 24-month DLP under Act 118 — what defects are covered, how to report them, what the developer must fix, and what to do if they refuse.
This guide is for general information only and does not constitute legal advice. Consult a licensed Malaysian solicitor for specific legal disputes.
The Defect Liability Period (DLP) is a statutory window during which a housing developer is legally obliged to rectify any defects, shrinkages, or faults in a newly delivered property — at the developer’s own cost. It is not a goodwill commitment; it is a mandatory right prescribed by law. (Source: HDR 1989, Third Schedule, Schedule G clause 14; Schedule H clause 22)
The DLP applies only to purchases from a licensed housing developer under the Housing Development (Control and Licensing) Act 1966 (Act 118). It does not apply to sub-sales between private individuals or to renovation work done by your own contractor.
The DLP is 24 calendar months from the date of vacant possession (VP). This applies to both landed (Schedule G) and strata (Schedule H) residential property. (Source: HDR 1989, Sch G cl.14(2); Sch H cl.22(2))
| Property type | DLP duration | DLP start trigger | Governing clause |
|---|---|---|---|
| Landed — terrace, semi-D, bungalow | 24 months | Date of vacant possession | Schedule G, cl.14(2) |
| Strata — condo, flat, serviced apartment | 24 months | Date of vacant possession | Schedule H, cl.22(2) |
| Common property (strata) | 24 months | Date of VP for individual units or date of CCC, whichever is later | Schedule H, cl.22(2) |
Mark the exact VP date on your calendar. Your defect report letters must be sent before the 24-month period expires. Defects noticed after the DLP ends have no statutory claim against the developer.
The DLP commences on the date stated in the Vacant Possession (VP) notice issued by the developer, which is the date you receive the keys and take possession of the unit. This date appears in the VP letter and is the reference date for your DLP calculations.
Important: do not confuse VP date with:
For strata projects, you may receive individual VP before common areas are fully completed. Defects in common property are also covered during the DLP. (Source: HDR 1989, Sch H cl.22(2))
See our detailed guide on vacant possession and key handover →.
The HDR 1989 covers any defect, shrinkage or other fault that appears in the property during the 24-month window. In practice, this includes:
| Defect category | Examples | Typically DLP-covered? |
|---|---|---|
| Structural | Cracks in load-bearing walls, floor slab settlement, beam cracks | Yes — and possibly longer under CIDB warranty |
| Waterproofing / seepage | Roof leaks, bathroom floor seepage, external wall seepage | Yes |
| Tiling | Hollow tiles, cracked tiles, misaligned tiles | Yes |
| Doors and windows | Warped frames, defective locks, gaps at frames | Yes |
| Plumbing and sanitary | Leaking pipes, blocked drains, defective fittings supplied by developer | Yes (developer-supplied items) |
| Electrical | Non-functional sockets, light points, distribution board issues | Yes (developer-supplied fittings) |
| Finishes | Peeling paint, substandard plastering, defective floor screeding | Yes |
| Common property (strata) | Corridor cracks, lobby ceiling leaks, car park defects, lift defects | Yes, under DLP as well |
Proper documentation is critical. A verbal complaint to the developer’s customer service team is not sufficient for a legally enforceable claim. Follow these steps:
| Step | Action | Why it matters |
|---|---|---|
| 1 | Photograph every defect with date stamps; note location (unit, floor, room) | Forms the evidence base for any TTPM claim |
| 2 | Compile a written Defect List with item descriptions, photos and room references | Creates a paper trail; developer cannot later deny notice |
| 3 | Send the Defect List to the developer by registered post or email with read-receipt | Proves the notice was delivered within the DLP window |
| 4 | Reference the SPA clause (Schedule G cl.14 or Schedule H cl.22) in your letter | Demonstrates statutory basis; developer cannot claim ignorance |
| 5 | Keep copies of every letter, email and acknowledgement permanently | Required for TTPM filing and any court claim |
For guidance on what to look for, see our detailed property defect inspection guide → and common property defects in Malaysia →.
Once notified in writing, the developer must rectify the defect within a reasonable time. While the Schedules do not specify an exact number of days for all defects, industry practice and TTPM decisions commonly treat 30 days as reasonable for standard defects and a shorter period (e.g. 7 days) for urgent matters such as active roof leaks.
If the developer:
Understand your full HDA rights by reading our HDA homebuyer rights guide →.
| Feature | DLP (HDR 1989) | CIDB Structural Warranty |
|---|---|---|
| Duration | 24 months from VP | Generally longer (depends on project) |
| Scope | All defects, shrinkages and faults | Structural and load-bearing elements only |
| Statutory basis | HDR 1989, Sch G cl.14 / Sch H cl.22 | CIDB Act 1994 / construction contract |
| Who is responsible | Developer | Main contractor (may differ from developer) |
| Claim forum | TTPM (up to RM50,000) or civil court | Civil court or arbitration |
Note: serious structural defects (e.g. major foundation cracking) that manifest after the DLP may still be actionable under common law negligence or breach of contract, but these are complex claims requiring legal advice.
If the developer refuses to repair within the DLP, the buyer can file at the Tribunal for Homebuyer Claims (TTPM) — the dedicated low-cost forum established under Act 118:
Once the 24-month DLP expires, the developer’s statutory obligation to repair ceases. After that point:
Tell us what you need — we reply within the hour.