Defect Liability Period (DLP), Explained
Collected the keys to a new home? You are not on your own if defects appear. The Defect Liability Period gives you a window to have them put right — at the developer’s cost.
Handing over a brand-new home does not end the developer’s responsibility. Malaysian housing law builds in a safety net called the Defect Liability Period, during which the developer is on the hook to fix genuine defects in the property. Many buyers under-use this protection simply because they do not know the clock is ticking — so here is how it works and how to make it count.
What the DLP is
The DLP is a fixed period after you take vacant possession during which the developer remains responsible for making good defects in your home. For HDA residential projects it is commonly 24 months, as set out in the statutory Sale and Purchase Agreement. It is there precisely because some defects only reveal themselves once you start living in the property — a leak after heavy rain, a crack that appears, fittings that fail.
What it covers — and your right to free repairs
The DLP covers defects, shrinkage and other faults in the building due to defective workmanship or materials, or because work was not done in line with the agreed specifications. When you notify such a defect properly during the period, the developer must repair it at its own cost within the time the contract allows. You should not be paying to fix genuine construction defects that surface during this window.
How to claim — notify in writing
- Inspect your home carefully soon after vacant possession — do not wait until the period is nearly over.
- Record each defect clearly, ideally with photos and dates.
- Notify the developer in writing (keep a copy) — verbal complaints are hard to rely on later.
- Keep following up in writing until the repair is done, and re-inspect the completed work.
If the developer will not fix it
If a licensed developer fails to carry out proper repairs within the DLP, you are not without options. Depending on the situation, the contract may allow you to have the work done and recover the reasonable cost, and disputes with a licensed developer can be taken to the Tribunal for Homebuyer Claims, which is designed to be quicker and cheaper than court. Which route fits your case is worth confirming with a lawyer.
New home with defects? Make the DLP work for you
If you have just collected keys and are unsure how to document and submit a defect claim, I am glad to point you in the right direction. I am Louis Koh, over a decade in Johor Bahru property.
Frequently asked questions
How long is the Defect Liability Period in Malaysia?
For HDA residential projects it is commonly 24 months from the date of vacant possession, as set out in the statutory Sale and Purchase Agreement.
What does the DLP cover?
It covers defects, shrinkage and other faults in the building caused by defective workmanship, defective materials, or work not done in accordance with the agreed specifications. The developer must repair these at its own cost.
What if the developer refuses to repair the defects?
You have options, which may include having the work done and recovering reasonable costs, or bringing a claim against a licensed developer at the Tribunal for Homebuyer Claims. Confirm the right route for your case with a lawyer.
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