Your options once the developer's 24-month defect liability period has run out, and who to approach for each problem.
When the 24-month defect liability period ends, the developer's statutory duty to repair new defects in your unit ends with it, and repairs become your responsibility, or the JMB's or MC's for common property. That is not always the end of the matter. Defects you reported in writing before expiry can still be pursued, a Tribunal claim can be filed within 12 months of the DLP's expiry, and serious latent structural defects may still be actionable in negligence, which needs legal advice. For everything else, the job is to find the cause and repair it properly.
The defect liability period for a new house or strata parcel runs 24 months from vacant possession. ClickBina's defect liability period guide sums up the position after it: the developer's statutory obligation to repair ceases, defect repairs become the owner's responsibility, and for common property they become the responsibility of the joint management body (JMB) or management corporation (MC).
In practice, three questions decide what you can still do: was this defect reported in writing before the DLP ended; is it a serious latent defect rather than ordinary wear; and is it in your parcel or in the common property. Work through them in that order before you spend money.
The DLP is a window for defects to appear and be notified. A defect you reported in writing inside the window does not disappear because the window has now closed. If the developer did not repair it, or repaired it badly, your file of notices still matters.
The Tribunal for Homebuyer Claims route has its own deadline. ClickBina's developer won't fix defects guide gives it as within 12 months of the CCC, the expiry of the defect liability period or the termination of the SPA, and the HDA homebuyer rights guide gives the Tribunal limit as RM50,000. So a defect notified late in the DLP and left unrepaired can still go to the Tribunal after expiry, if the claim is filed in time. Find your notices, delivery proof and any replies before deciding.
| Point | During the DLP | After the DLP ends |
|---|---|---|
| Who repairs a new defect in your parcel | The developer, at its cost, after written notice | You, as owner |
| Who repairs common property | The developer | The JMB or MC |
| Defects notified during the DLP but not repaired | Developer's duty | Can still be pursued; check the Tribunal deadline |
| Serious latent structural defects | Developer's duty | May be actionable in negligence; take legal advice |
| Your own renovation contractor's work | Your renovation contract | Your renovation contract |
The last row is easy to miss. Work done by your own contractor was never the developer's responsibility; it is covered by your renovation contract and its own defects period, as the renovation defects guide explains.
Many post-DLP problems are not new. A ceiling stain returns under a bathroom the developer "fixed" in year one; a crack opens again along the same line; tiles near a floor trap pop again. If the defect was reported and repaired during the DLP, and the repair failed, gather the original notice, the repair record and dated evidence of the recurrence, and take advice on whether it can still be raised with the developer. ClickBina's developer guide treats a failed repair as a fresh breach to document while the DLP runs.
If nothing was reported during the DLP, treat it as your repair, and focus on finding the cause so the fix lasts.
Both ClickBina DLP guides note that very serious latent structural defects, such as foundation problems, may still be actionable under common law negligence for longer periods after the DLP, but that this needs specialist legal advice. Signs that justify that conversation include wide or growing structural cracks, sloping floors, doors and windows that steadily stop closing, and cracks at beams or columns. The cracks in a new house guide explains which cracks are cosmetic and which need an engineer.
Do not hide or patch a suspected structural defect before it is assessed. Record it, measure it over time, and speak to a property lawyer and a professional engineer first.
After the DLP, a leak or defect in a stratified building goes to whoever owns its source. A leak from the unit above follows the inter-floor leakage procedure under the strata regulations: written notice to the management, an inspection, and a Form 28 certificate that records the cause. ClickBina's inter-floor leakage guide sets out that procedure and notes that a leak from common property occurring after the DLP is the management's to rectify after the Form 28 is issued.
Facade, roof, risers and common pipes are common property; your parcel's internal finishes, fittings and the waterproofing of your own wet areas are yours. If the source is unclear, have it traced before anyone is blamed.
| Problem | Usually responsible | Where to start |
|---|---|---|
| Stain or leak from the unit above | The upper owner, or the management if the source is common property | Written notice to the management office |
| Facade, roof or common pipe leak | The JMB or MC | Written notice to the management office |
| Cracked tiles, hollow floor, paint, fittings in your unit | You | Inspection, then a repair quote |
| Leak inside your own wet area | You | Leak detection, then repair |
| Defect from your renovation contractor's work | Your contractor, under your contract | Your contract's defects clause |
| Serious structural crack or movement | Depends; may involve the developer | Legal advice and an engineer |
Once the bill is yours, the costly mistake is paying for the wrong fix: re-tiling a bathroom when the water is coming from a pipe joint, or painting over a stain that keeps returning. Where water is involved, leak detection finds the source first; ClickBina's leak detection service guide prices a detection visit at RM300 – RM800. For everything else, an inspection that lists each defect, its location and its likely repair turns a vague worry into a plan you can price and phase. The defect checklist tool helps you list what you can see, room by room, before the visit.
If you bought the unit on the subsale market, the developer's DLP was the original buyer's, and the HDA protections do not apply to your purchase, as the HDA guide notes for subsales. Defects the seller knew of and concealed are a separate question, covered in ClickBina's hidden defects guide. Either way, an inspection soon after you take the keys gives you a dated baseline for everything that follows.
ClickBina offers defect inspection and rectification in KL and Selangor. After the DLP, that usually means one visit to list and diagnose, then one quoted job to put things right, across trades: waterproofing, tiling, plastering, painting, carpentry and fittings. See the defect inspection service in KL & Selangor for what an inspection covers.
WhatsApp us your unit type, size and VP date for an inspection quote; we reply within the hour. If you want repair work quoted, a site visit for that quote is RM150, waived if you proceed with the works, and it is not the inspection fee. Leak detection is a separate service at RM300 – RM800 per visit. 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 can bring every repair into one schedule.
Methodology: statutory points are quoted only where the ClickBina guides above agree. No limitation period for negligence claims is given because none is stated on those sources; that is a question for a lawyer. This page is general information, not legal advice.
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