Legal & SPA · 6 min
Defect Liability Period (DLP) Guide: How to Hold Developers Accountable Before Time Runs Out
Learn what the Defect Liability Period (DLP) covers under HDA, how to document and report defects, and what to do if the developer fails to fix them.
Quick answers
Quick answer
A practical summary before reading the full article.
What is the quick take?
The Defect Liability Period (DLP) is a statutory 24-month warranty after vacant possession for HDA residential properties. It covers structural and workmanship issues, but buyer renovations can void it; failures to rectify can be escalated to the Homebuyer Tribunal (TTPR).
Lewis verdict
In my 10+ years as an agent, I've seen many buyers treat the DLP like a casual warranty, only to realize too late that the clock never pauses. Let's get one thing straight: the DLP is exactly 24 months from the day you get your keys (Vacant Possession) under HDA Schedule G or H. It doesn't reset or extend just because you submitted a report. If you report a leak in month 23, and the developer drags their feet until month 25, you are in a very difficult spot. I always advise my clients to hire a professional building inspector immediately upon VP — it costs around RM500 to RM1,200 but saves thousands in future repair bills. Remember, verbal complaints don't exist in the eyes of the law; everything must be in writing with photo evidence. Don't start any major renovation until the primary defect list is resolved, or the developer will blame your ID contractor for the damage and void your warranty.
What should buyers do next?
Hire a professional inspector immediately after vacant possession, submit a detailed written defect report with photos, and track the 24-month end date diligently.
Quick summary
Quick answer
A practical summary before reading the full article.
| Best for | Homeowners of newly completed residential properties under HDA who want to ensure their unit's defects are repaired for free. |
|---|---|
| Risk level | Time-sensitive warranty period, critical compliance needed |
| Lewis verdict | In my 10+ years as an agent, I've seen many buyers treat the DLP like a casual warranty, only to realize too late that the clock never pauses. Let's get one thing straight: the DLP is exactly 24 months from the day you get your keys (Vacant Possession) under HDA Schedule G or H. It doesn't reset or extend just because you submitted a report. If you report a leak in month 23, and the developer drags their feet until month 25, you are in a very difficult spot. I always advise my clients to hire a professional building inspector immediately upon VP — it costs around RM500 to RM1,200 but saves thousands in future repair bills. Remember, verbal complaints don't exist in the eyes of the law; everything must be in writing with photo evidence. Don't start any major renovation until the primary defect list is resolved, or the developer will blame your ID contractor for the damage and void your warranty. |
| Buyer action | Hire a professional inspector immediately after vacant possession, submit a detailed written defect report with photos, and track the 24-month end date diligently. |
What is the Defect Liability Period (DLP)?
Under HDA-regulated Schedule G (for landed property) and Schedule H (for strata property) Sale and Purchase Agreements (SPAs), the Defect Liability Period is a statutory warranty period. During this window, which lasts for 24 months (2 years) starting from the date of Vacant Possession, the developer is legally mandated to rectify any structural or workmanship defects at no cost to the buyer. This represents a powerful consumer-protection mechanism unique to HDA residential properties.
What is Covered and What Voids the Warranty?
The DLP covers physical defects arising from poor workmanship, substandard materials, or deviation from the SPA specifications. This includes wall cracks, water leakages, uneven flooring, malfunctioning fixtures, and loose tiles. However, it does not cover damage caused by the buyer's own renovations, normal wear and tear, or alterations made to the original structure. If you renovate before defects are resolved, the developer can easily claim your contractor caused the damage, voiding your claim.
The Critical Importance of Documented Evidence
When inspecting your unit, do not rely on verbal discussions or casual phone calls with the developer's site office. You must document every defect with clear, high-resolution photographs, write them down on the official defect form, and submit them formally. This creates a binding paper trail. Many buyers choose to hire a professional building inspector who uses specialized tools to detect hidden issues like hollow tiles, electrical wiring errors, and internal piping leaks.
DLP vs. LAD and the Homebuyer Tribunal
It is important not to confuse DLP with Liquidated Ascertained Damages (LAD). LAD compensates you for late delivery of vacant possession, whereas DLP is about the quality of what was delivered. You can claim both if your unit was delivered late and has defects. If the developer fails to respond to your written defect report within 30 days, you can escalate the matter to the Tribunal for Homebuyer Claims (TTPR), a fast-track statutory body that resolves disputes without requiring expensive civil litigation.
Buyer checklist
The Defect Liability Period (DLP) is a statutory 24-month warranty after vacant possession for HDA residential properties. It covers structural and workmanship issues, but buyer renovations can void it; failures to rectify can be escalated to the Homebuyer Tribunal (TTPR).
| 1 | Verify that the property is protected under HDA Schedule G or Schedule H. |
|---|---|
| 2 | Mark the exact date of Vacant Possession to calculate the 24-month DLP expiry. |
| 3 | Conduct a comprehensive room-by-room defect inspection before starting any renovation. |
| 4 | Submit a formal written defect list with clear photographic evidence to the developer. |
| 5 | Follow up on the progress of repairs and do not sign the rectification clearance until satisfied. |
Common questions
Does the 24-month DLP pause or extend if the developer takes months to repair a defect?
No, the DLP clock runs continuously from the date of vacant possession and does not pause. You must ensure all defects are reported in writing within the 24-month window. If repairs are delayed past the deadline, your prior written submissions remain legally enforceable.
Can I hire my own contractor to fix the defects and bill the developer?
Yes, but you must follow the strict legal procedure. Under HDA contracts, you must first give the developer 30 days written notice to repair. If they fail, you can obtain a cost estimate, give a second 14-day notice, and only then proceed to fix it yourself and claim the cost from the developer's stakeholder lawyer.
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Verify that the property is protected under HDA Schedule G or Schedule H.
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Mark the exact date of Vacant Possession to calculate the 24-month DLP expiry.
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Conduct a comprehensive room-by-room defect inspection before starting any renovation.
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Submit a formal written defect list with clear photographic evidence to the developer.