Your statutory 24-month DLP rights, how to document and report defects, what TTPM can do for you, and when to bring in a lawyer — a plain-English action guide.
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 right embedded in every Sale and Purchase Agreement (SPA) for a new residential property purchased from a licensed developer in Malaysia. It is governed by the Housing Developers (Control and Licensing) Regulations 1989 (HDR 1989), Schedules G (landed) and H (strata). The developer must repair any defect, shrinkage or fault that appears in your unit within 24 calendar months from the date of vacant possession (VP) — the day you received your keys.
This is not a goodwill policy. It is a mandatory legal obligation. The developer cannot waive it, and you cannot inadvertently sign it away.
| Property type | DLP period | Starts from | Governing clause |
|---|---|---|---|
| Landed (terrace, semi-D, bungalow) | 24 months | Date of vacant possession | HDR 1989, Schedule G, cl.14(2) |
| Strata (condo, flat, serviced apartment) | 24 months | Date of vacant possession | HDR 1989, Schedule H, cl.22(2) |
| Common property (strata) | 24 months | Later of VP or CCC date | HDR 1989, Schedule H, cl.22(2) |
Important: VP date is printed on the VP notice letter from your developer. Mark it in your calendar — all defect reports must be submitted before the 24-month window closes.
Every new home has some defects at VP — it is normal. What is not normal is a developer who refuses to fix them. Here are the defects most frequently reported in Malaysian new launches:
| Category | Common examples | DLP covered? |
|---|---|---|
| Structural | Wall cracks, floor slab settlement, beam hairline cracks | Yes — and may have longer CIDB warranty |
| Waterproofing & seepage | Roof leaks, bathroom seepage, external wall dampness | Yes |
| Tiling | Hollow tiles, cracked tiles, uneven grout lines | Yes |
| Doors & windows | Warped frames, defective locks, gaps at frame edges | Yes |
| Plumbing | Leaking pipes, slow drainage, defective taps (developer-supplied) | Yes (developer-supplied items) |
| Electrical | Dead sockets, non-functional light points, DB issues | Yes (developer-supplied fittings) |
| Finishes | Peeling paint, substandard plastering, uneven screeding | Yes |
| Common property (strata) | Lobby ceiling leaks, corridor cracks, car park defects | Yes — under same 24-month DLP |
Before you write a single letter, build your evidence base. Poor documentation is the single most common reason TTPM claims are weakened. Follow this process:
For a detailed checklist of what to look for, see our property defect inspection guide →.
A phone call or verbal complaint to the developer’s customer service team is not legally sufficient. You must create a paper trail:
Under Schedule G cl.14 and Schedule H cl.22 of HDR 1989, once properly notified, the developer must rectify defects within a reasonable time. Industry practice and TTPM precedent treat 30 days as the benchmark for standard defects. Urgent defects (active roof leaks, structural safety issues) should be addressed within 7 days of notice.
The developer’s obligation is to repair the defect, not merely to acknowledge it. If a repair is incomplete, substandard, or the defect recurs, it constitutes a fresh breach — document it again and send another written notice.
| Situation | Covered by DLP? | Notes |
|---|---|---|
| Construction cracks appearing within 24 months | Yes | Developer must repair at own cost |
| Roof or bathroom leaks (developer’s workmanship) | Yes | Document leak actively; send written notice immediately |
| Hollow or cracked tiles (installation defect) | Yes | Tap-test to identify hollow tiles at VP handover |
| Damage you or your tenant caused | No | Excluded — misuse, renovations, impact damage |
| Normal wear and tear (surface scuffs, paint fade) | No | Expected with use; not a defect |
| Appliances or fixtures you installed yourself | No | Developer only liable for items they supplied & installed |
| Defects reported after the 24-month DLP ends | No (statutory) | Common law remedies may still exist for latent structural defects — seek legal advice |
If two written notices have been sent and the developer still fails to act, you have three main escalation routes. You can pursue these simultaneously:
The Tribunal for Homebuyer Claims (TTPM) was established under Act 118 specifically for disputes between buyers and licensed developers. It is the most accessible and affordable forum for most DLP complaints:
| Aspect | Detail |
|---|---|
| Claim limit | Up to RM50,000 per claim |
| Filing fee | Free (no filing charge) |
| Lawyers | Generally not permitted to represent parties — you appear yourself |
| Time limit | Within 12 months of the cause of action (developer’s failure to repair after written notice) |
| Where to file | Online at ttpm.kpkt.gov.my or at KPKT regional offices |
| What to bring | SPA, VP notice, written defect notices + delivery proof, defect photos, developer correspondence |
| TTPM award | Can order developer to repair defects or pay you the cost of repair — enforceable as a civil judgment |
Filing process step by step:
In addition to TTPM, you can lodge a formal complaint against the developer with the Ministry of Local Government Development (KPKT) via kpkt.gov.my or the e-Aduan portal. KPKT regulates developer licences under Act 118. A complaint creates an official record and can result in enforcement action, developer warnings, or licence conditions. KPKT cannot directly award you compensation — that remains with TTPM or the courts — but administrative pressure is often effective for DLP disputes.
Consider engaging a solicitor if:
A property solicitor can send a formal Letter of Demand before filing in court, which often resolves disputes without litigation. Legal fees for a straightforward DLP claim are typically RM1,500–RM5,000 for pre-litigation correspondence; contested court proceedings cost significantly more.
Once the DLP ends, the developer’s statutory obligation to repair ceases. After that point:
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