How to File a House Defect Report to Your Developer in Malaysia

How to File a House Defect Report to Your Developer in Malaysia

Buying a brand new house is a dream come true for many Malaysians. However, sometimes the property may not be handed over in perfect condition. Common problems such as wall cracks, plumbing leaks, or broken floor tiles are known as house defects. But don't worry, under Malaysian law, there are proper steps you can take to report these issues to your developer and have them fixed.

This article provides a complete guide to filing a house defect report in Malaysia, based on current laws like the Housing Development Act 1966 (HDA) and the Defect Liability Period (DLP).

What Is the Housing Development Act (HDA) 1966 and Defect Liability Period (DLP)?

Housing Development Act 1966 (HDA)

The Housing Development (Control and Licensing) Act 1966 is a key law in Malaysia that protects homebuyers. It ensures developers comply with construction and safety standards and conduct fair transactions. Under the HDA, licensed developers must provide a warranty period where buyers can report construction-related problems.

• The Housing Development (Control and Licensing) Act 1966 protects homebuyers by requiring all developers to be licensed under the Ministry of Housing and Local Government (KPKT).
• Developers must comply with construction standards laid out in Schedule G of the Sale & Purchase Agreement (SPA), which specifies technical and quality requirements.
• The standard SPA defines the rights and responsibilities of both buyer and developer.

Defect Liability Period (DLP)

• The Defect Liability Period is typically 24 months starting from the official handover date (Vacant Possession).
• During this period, the developer is legally obliged to repair any reported defects at no cost to the buyer.
• Damage caused by homeowner alterations, negligence, or natural wear and tear is not covered under the DLP.

Why This Matters:

• HDA safeguards buyer rights.
• DLP gives you time to spot and report construction defects.
• It ensures your home is delivered in proper condition.

Step-by-Step Guide: How to Report House Defects in Malaysia

1. Inspect Your Property (DIY or Professional)

Before moving in, conduct a thorough house defect inspection. Check every room and utility to spot issues. Refer to the QLASSIC guidelines by CIDB Malaysia for industry-standard inspection procedures.

• Wall or ceiling cracks (hairline to large fissures)
• Leaks in pipes, roofs, gutters, or sinks
• Doors and windows that stick, rattle, or fail to seal properly
• Broken, cracked, or uneven tiles on floors and walls
• Electrical points or plumbing fixtures that do not function

Tip: Capture high-resolution photos and short videos of each defect for clear evidence.

Recommended: How to DIY Check House Defects using CIDB QLASSIC Standards

2. Submit a Formal House Defect Report to the Developer

After listing the defects, send a formal letter and your defect report to the developer. Include:

1. Buyer’s full name, unit number, and full address
2. Date of inspection and handover date
3. Numbered list of defects (e.g., “Defect #1 – Bedroom wall crack, approximately 5 cm long”)
4. Attached photo/video evidence for each defect
5. A request for repairs within 30 working days

Send via registered post or email with delivery/read receipt, and retain proof of delivery.

3. Send Reminder Notice or Escalate to Tribunal for Homebuyer Claims (TTPR)

Second Reminder/ Reminder Letter to Developer

If there is no response within 30 working days, send a second reminder letter to urge the developer to act, allowing an additional 14 days for action.

Lodge Complaint to the Housing Tribunal (TTPR)

If the developer still fails to remedy the defects, lodge a claim with the Tribunal for Homebuyer Claims (TTPR) under the Ministry of Local Government Development (KPKT)..

• Application fee: RM 15 for claims under RM 50,000; RM 50 for claims between RM 50,000 and RM 250,000.
• Required documents:
  • Copy of the SPA and Schedule G
  • All correspondence with the developer (letters, emails)
  • Complete defect report with visual evidence
  • Proof of receipt of your previous letters

TTPR Address:
Tribunal for Homebuyer Claims
Level 3, Podium Block C4, Kompleks C
Parcel C, Federal Government Administrative Centre
62630 Putrajaya, Malaysia

What TTPR Can and Cannot Handle

Claimable at Tribunal for Homebuyer Claims (TTPR) handles cases involving:

• Unrepaired defects during the DLP
• Non-compliance with the Sale and Purchase Agreement (SPA)
• Failure to complete repairs within a reasonable time

You’ll need to provide:

• Your SPA (Sales & Purchase Agreement)
• Defect list and evidence
• All letters and communication with the developer

Good news: You do not need a lawyer to file a claim at the Tribunal.

Not Claimable at TTPR

Some issues fall outside of TTPR’s jurisdiction, such as:

• Strata title ownership disputes (refer to the Strata Management Tribunal)
• Issues arising after the SPA has expired
• Damage caused by homeowner modifications or negligence

In these cases, you may need to seek private legal advice or go through other legal avenues.

Frequently Asked Questions (FAQs)

1. How long is the Defect Liability Period (DLP)?
24 months from the date of vacant possession.

2. How long does the developer have to fix reported defects?
Usually within 30 days of receiving your report.

3. What if the developer refuses to repair the defects?
Send a second reminder. If there's still no response, lodge a claim at TTPR.

4. Do I need a lawyer for the Tribunal?
No. The TTPR process is homeowner-friendly and doesn’t require a lawyer.

5. Are all defects covered under DLP?
No. Only construction-related defects not caused by the homeowner are covered.

6. Do I have to pay for repairs under DLP?
No. Developers must bear the cost of repairs during the DLP.

7. What if I can’t contact the developer?
Try all channels—email, phone, or visit their office. If still uncontactable, file your case with TTPR using your communication records.

8. Can I report defects multiple times during the DLP?
Yes. Any new issues found during the DLP can be reported.

9. What happens if I miss the DLP deadline?
The developer is no longer obligated to fix the issue. You'll likely need to repair it yourself.

10. Do I need to attend the TTPR hearing in person?
Yes, unless special permission is granted for a representative.

11. How much does it cost to file a claim?
Fees are relatively low and depend on your claim amount. Refer to the TTPR site for updated rates.

12. How long does the TTPR process take?
It may take a few months depending on case complexity and document readiness.

Additional Tips for Homebuyers in Malaysia

• Engage a Quantity Surveyor (QS) or Professional Inspector: Costs range from RM 500 to RM 1,500 but yield a comprehensive defect report.
• Research the Developer’s Track Record: Check KPKT and CIDB databases for any past complaints or litigations.
• Keep All Documentation Organized: Maintain both digital and physical folders for easy reference.
• Attend TTPR Hearings Prepared: Present clear evidence to facilitate a decision, which typically occurs within 60 days of filing.

By understanding the Housing Development Act Malaysia, the Defect Liability Period Malaysia, and the process to report housing defects Malaysia, you can ensure your new home is free from defects and that your rights as a buyer are fully protected. 

Other Article:

• 8 Essential Tenant Rights and essential things that need to have in Malaysian tenancy Agreement
• How Much Salary Do You Need to Afford a RM500K House in Malaysia?