Defect Liability Period In Malaysia

And within this period the homeowner will need to check for any damage defects as well as poor or faulty workmanship.

Defect liability period in malaysia. And within this period the homeowner will need to check for any damage defects as well as poor or faulty workmanship. The 6 year limitation period applies notwithstanding when the plaintiff discovers the damages. Starting with the basics section 6 1 of the limitation act 1953 provides a time limit of 6 years to commence an action in tort. Any issues need to be reported back to the developer to get them repaired for free.

This period spans about 24 months from the day the buyer receives delivery of vacant possession vp and gets the keys to the house. Under hda malaysia the defect liability period spans 24 months starting from the receipt of the keys. Under hda malaysia the dlp is 24 months individual title or 36 months strata title starting from the date you receive your keys. In the court of appeal case of ambank m bhd v abdul aziz hassan ors 2010 3 mlj 784 abdul aziz it was argued that the statutory limitation period for a tort based claim should only start to run when the damage was discovered.

From the above data analysis 1 the defects liability period in nigeria is 6 months while in malaysia it is 12 months. In this period the developer is duty bound to repair any kind of construction fault that may come to light. The well intended renovation work might be a contributory factor to the resulting defects thus a matter of dispute or even concealing the detectability of defects beyond the defect liability period. Defects liability period dlp the statutory schedule contracts of sale carries a mandatory warranty period of 24 months after the date the purchaser takes vacant possession of the subject property against any defects shrinkage or other faults which becomes apparent and which are due to defective workmanship or materials and not having been constructed in accordance with the approved plans and descriptions.

Otherwise you ll be shouldering the repair costs for defects spotted after this period. Under hda malaysia the dlp is 24 months individual title or 36 months strata title starting from the date you receive your keys. Through the addition of section 6a property owners will be given an extension of up to 3 years from the date of discovery of the latent defect to commence an action against the developer.