GUIDE / DEFECT CLAIMS
Developer not fixing defects?
Here is the paper trail.
You reported your defects. Weeks pass, the contractor comes once, half the list is still open. A new-home buyer in Malaysia has more leverage than most people use, if the defects are documented and the deadlines are kept. Here is the sequence.
SHORT ANSWER
Written notice, 30 days, then your remedies.
Under Malaysia's standard sale and purchase agreements for new homes (Schedule G for landed, Schedule H for strata), defects that appear within the defect liability period, commonly 24 months from vacant possession, must be repaired by the developer at its own cost, generally within 30 days of receiving the buyer's written notice. If the developer fails, the agreement lets the buyer carry out the repairs after notifying the developer of the estimated cost, and recover that cost from the developer. A buyer can also file a claim of up to RM50,000 at the Tribunal for Homebuyer Claims, for a RM10 filing fee and without needing a lawyer.
- Report every defect in writing, with photos and locations, and keep proof the developer received it.
- Count 30 days from the developer's receipt; record every repair visit.
- Follow up in writing, listing what is still outstanding.
- Still unresolved: the repair-and-recover route in your SPA, or the tribunal.
- Never let the defect period run out with defects reported only by phone or WhatsApp.
01 / THE NOTICE
Put it in writing.
Make it findable.
- A list the contractor can work from. Number every item, give the room and exact location, describe it in a few words, and attach a wide and a close-up photo. A professional inspection report is built for exactly this.
- Use the developer's channel and keep proof. Submit through the defect form, portal or customer-service email, and keep the acknowledgement, the sent email with attachments, or a stamped copy of a hand-delivered list. A WhatsApp message to a site supervisor is weak evidence on its own.
- The date starts the clock. The repair period generally runs from the developer's receipt of your written notice, so proof of receipt matters.
- Find your clause. Clause numbers differ between agreements. Look for 'defect liability period' in your SPA and note the period, the notice method and the repair time.
02 / THE REPAIR PERIOD
Thirty days,
then follow up.
- Give access at reasonable times and log each visit: date, items attended, items left.
- Check before you sign. Re-test each repaired item (tap re-laid tiles, run the water, operate the doors) before signing any completion or acknowledgement form. Sign only for items actually completed, and write the outstanding item numbers on the form if you have to sign it.
- Follow up in writing after 30 days, quoting your original notice date and listing what is outstanding. Ask for a dated schedule.
- Keep reporting. New defects can be reported at any time within the defect liability period; each written notice starts its own repair period.
03 / WHEN IT STILL ISN'T FIXED
Two routes the
law gives you.
Repair and recover the cost
The standard agreements allow the buyer, once the developer has failed to repair within the repair period, to carry out the work and recover the cost from the developer, including from the sum held by the developer's solicitors as stakeholder. The usual sequence: get a written quotation from a contractor, give the developer written notice of the estimated cost and your intention to proceed, allow the 14 days the standard agreements give the developer to do the work itself, then repair and keep invoices and before-and-after photos. You then send a written demand to the developer's solicitors, who release the cost from the stakeholder sum, typically within 14 days. Ask the lawyer who handled your purchase how this applies to your agreement before you start.
The Tribunal for Homebuyer Claims
Set up under the Housing Development (Control and Licensing) Act 1966 and run by the Ministry of Local Government Development (KPKT), the tribunal (Tribunal Tuntutan Pembeli Rumah) hears claims by buyers against licensed housing developers, including unrepaired defects.
- Claim limit: RM50,000.
- Filing fee: RM10, with Form 1 (statement of claim).
- Representation: designed for buyers to present their own case. Lawyers are usually not allowed unless the case raises complex points of law.
- Timing of the award: within 60 days of the first hearing. An award is binding like a court judgment, and ignoring it is a criminal offence under the Act.
- Time limit: generally within 12 months of the defect liability period ending, or of the Certificate of Completion and Compliance, depending on the claim. Courts have read these limits differently, so file early.
- Who can claim: the buyer of a home in Peninsular Malaysia. The Act's definition of homebuyer also includes someone who later bought the home from the first purchaser, so a subsale buyer inside the defect period should ask a lawyer about this route.
Claims above RM50,000, or outside the tribunal's time limit, go to the civil courts, which needs a lawyer.
04 / COMMON PROPERTY
Defects outside
your unit.
In a condominium, defects in the corridors, lifts, roof, facade and shared pipes are common property. During the developer's defect period they are pursued through the building's Joint Management Body (JMB) or, once strata titles are issued, the Management Corporation (MC). Report them to the management office in writing. Where a common-property defect is damaging your unit, such as a leaking shared pipe, report it to both the developer and management.
05 / AVOID THESE
Mistakes that weaken
a claim.
- Renovating before the defect list is submitted, so construction defects and contractor damage get mixed up.
- Reporting by phone or WhatsApp only.
- Signing an 'all defects rectified' form while items are still open.
- Submitting the first list in the last months of the defect period.
- Keeping only WhatsApp-compressed copies of photos. Keep the original files with their dates.
QUESTIONS
Quick
answers.
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How long does a developer have to fix defects in Malaysia?
Under the standard Schedule G and Schedule H sale and purchase agreements, the developer must repair defects that appear during the defect liability period within 30 days of receiving the buyer's written notice. The defect liability period itself is commonly 24 months from vacant possession. Check the defect clause in your own SPA.
What can I do if the developer ignores my defect complaint?
Send a written follow-up quoting your original notice date and the outstanding items. If the repair period passes, the standard agreement lets you repair the defects yourself after notifying the developer of the estimated cost, and recover that cost from the developer. You can also file a claim of up to RM50,000 at the Tribunal for Homebuyer Claims.
How much does it cost to file at the Tribunal for Homebuyer Claims?
The filing fee is RM10, paid when filing Form 1 (statement of claim). Claims are capped at RM50,000, and buyers can present their own case without a lawyer. Check the KPKT website for the current procedure.
Is there a deadline to file a defect claim at the tribunal?
Generally within 12 months of the defect liability period expiring, or of the Certificate of Completion and Compliance being issued, depending on the claim. Courts have interpreted these limits differently, so file early and take legal advice if you are close to the deadline.
Does an inspection report help with a defect claim?
Yes. A dated photographic report with numbered locations tells the developer exactly what to fix, lets you track what was done, and shows a tribunal or lawyer what was reported and when. It records the visible condition of the property; it is not a legal opinion.
SOURCES & LIMITS
Where this
comes from.
Housing Development (Control and Licensing) Act 1966 and the Housing Development (Control and Licensing) Regulations 1989 (Schedule G and Schedule H agreements); Tribunal for Homebuyer Claims, KPKT; Mah Weng Kwai & Associates, Bringing a Claim at the Homebuyer's Tribunal (February 2026). This guide is general information for Malaysian homebuyers, not legal advice. Your own sale and purchase agreement (SPA) sets the exact periods and procedure; for a dispute, speak to a lawyer or the tribunal.
Need a defect list that holds up?
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