How the statutory repair period works in practice, and how to keep the record that makes it enforceable.
Under the statutory sale and purchase agreement for a new home, the developer is to repair and make good a defect at its own cost within 30 days of receiving your written notice of it. The period starts when the developer receives a written notice, not when you notice the defect or mention it at the management counter, and it applies to defects that appear within the 24-month defect liability period from vacant possession. If the developer lets the period pass, you can escalate: the self-help route under your agreement, or a claim at the Tribunal for Homebuyer Claims.
ClickBina's DLP water leak guide quotes the statutory wording: any defect, shrinkage or other fault that becomes apparent within the defect liability period and is due to defective workmanship or materials, or to the property not being built to the approved plans and descriptions, must be repaired and made good by the developer at its own cost within 30 days of the developer receiving written notice from the purchaser. Three parts of that sentence decide how the window works in practice: the defect must appear within the DLP, the notice must be written, and the count runs from receipt.
The DLP itself runs 24 months from the date you take vacant possession, as the defect liability period guide explains. So a defect reported in month 3 and one reported in month 23 each get their own 30-day window, counted from the date each written notice reached the developer.
| Event | Starts the 30 days? | What to do |
|---|---|---|
| You notice a stain, crack or leak | No | Date it and record it that day; then send written notice |
| You tell the management office or call customer service | No | Follow up in writing that day |
| You list it on the developer's form at the joint inspection | Usually treated as written notice | Keep a copy of the signed form, and send the list by email as well |
| You submit it in the developer's app or portal | Usually, once the submission is received | Screenshot each entry with its reference number |
| The developer receives your letter or email | Yes | Keep proof of delivery: registered post receipt, courier record, or a read or reply email |
"Usually" is deliberate. The agreement you signed decides how notice must be given, and some developers say in the VP letter where defect notices must go. Read that page of your agreement or ask your solicitor; then send every notice to that address, by a method that leaves proof.
A notice works when the developer cannot misunderstand which defects you mean. Number every item, name the room and the exact spot, describe what you observed rather than a guessed cause, and refer to your dated records by number. Put your unit number, your VP date and the date of the notice at the top. The room-by-room defect checklist tool produces a numbered list you can paste into the email.
A developer can only repair what its team can reach. Expect calls or messages to book repair visits soon after your notice. Reply in writing, offer dates, and record every visit: who came, what was done and what was left. If you cannot give access for a period, say so in writing, because an unanswered request to enter is the developer's strongest answer to a complaint that the window was missed.
If you have tenants, tell them about the visits and ask them to keep a simple log. A landlord who cannot show the developer was given access will struggle later.
A list is often repaired in batches: paint touch-ups first, waterproofing later, a replacement window last. Track each numbered item separately. An item marked complete that still fails (a floor that still ponds, a ceiling stain that returns after rain) is not repaired; report it again in writing with its original number, and the developer won't fix defects guide treats a failed repair as a fresh breach to document.
How to re-test a repair before you accept it is a separate step; until that check is done, do not sign anything that closes the item.
Some repairs genuinely take longer: a window frame that has to be ordered, or a leak that needs the unit above opened up. A request for more time is not unusual, and the new house defect inspection guide mentions a mutually agreed extended period for complex defects. If you agree, agree in writing, for named items, to a named date. An open-ended "we will get back to you" is not an extension; it is the window running out.
| Stage | What you do | Evidence to keep |
|---|---|---|
| Defect appears | Record it with the date | Dated records, numbered |
| Written notice sent | Email plus registered post or courier | Copy of the notice, delivery receipts |
| Developer receives it (day zero) | Note the date in your master list | Read receipt, reply, or delivery record |
| Repair visits | Give access, log each visit | Visit log, messages booking each visit |
| End of the 30 days | Check each item against the list | Item-by-item status: done, partly done, not done |
| Items still open | Written reminder, then escalate | Reminder letter and its delivery proof |
The DLP water leak guide sets out the sequence the statutory agreement gives a purchaser when the developer does not make good in time: notify the developer of the cost of the works, give it a further period to do the works itself, and if it still does not, carry out the repairs and recover the cost, which the developer's solicitors release from the stakeholder sum. ClickBina's new house defect inspection guide describes the same right to repair and recover the reasonable cost.
Each step is a document. You need an itemised written quote for the same defects your notice described, a dated second notice, and afterwards the invoice and completion records. Read the defect clause in your own agreement for the exact steps and periods, and take advice from your solicitor before you start works you intend to recover.
The other route is a claim at the Tribunal for Homebuyer Claims, which ClickBina's HDA homebuyer rights guide gives a limit of RM50,000. It has a separate clock: the claim is filed within 12 months of the CCC, the expiry of the defect liability period or the termination of the SPA. That means a defect reported late in the DLP can still be pursued after the DLP ends, provided it was reported in writing within the DLP and the claim is filed in time.
The Tribunal water leak claim guide explains how to build the file: notices, delivery proof, the visit log and an itemised repair quote.
A window only works if the list is complete and specific. A professional inspection early in the DLP produces a numbered list with locations that can be sent as it stands, and a second look later in the DLP catches defects that need time to show. ClickBina offers defect inspection and rectification in KL and Selangor: we inspect, record what we find, and can quote rectification of anything the developer leaves unrepaired. See the defect inspection service in KL & Selangor.
WhatsApp us your unit type, size and VP date for an inspection quote; we reply within the hour. For the self-help route you need an itemised repair quote: a site visit for that quote is RM150, waived if you proceed with the works, and it is not the inspection fee. Where a leak has to be traced first, leak detection is a separate service at RM300 – RM800 per visit on ClickBina's leak detection guide. The price we agree is a flat price with no hidden charges, and ClickBina is registered with SSM. As an experienced KL & Selangor contractor handling whole-house refurbishment and trade coordination, we quote the repair as one job across trades.
Methodology: statutory points are quoted only where the ClickBina guides named above agree. Clause numbers and the length of the further period in the self-help step are not given, because they depend on the schedule your agreement was drawn under; read your own copy. This page is general information, not legal advice.
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