Handover Inspection & Defect Liability Period Guide

Handover day is the day you have been waiting for. But it is also the day a very important period begins: the defect liability period, when the developer must repair defects in your home at its own cost. What you inspect, record and report in this period decides whether your rights are actually protected.

This guide explains how to carry out a complete handover inspection: the tools to bring, a room-by-room checklist, how to record and photograph defects, how to submit your defect list properly, what happens if the developer does not repair, and the Homebuyer Claims Tribunal route. It is based on the Schedule G SPA for landed homes. General information only, not legal/financial/tax advice.

Key terms

• Schedule G SPA: the statutory sale and purchase agreement form for a landed home under the Housing Development (Control and Licensing) Regulations 1989.
• VP: vacant possession, the handover of the home and keys to you.
• CCC: Certificate of Completion and Compliance, which states the home is complete, safe and fit for occupation.
• DLP: defect liability period.
• Defect: a defect, shrinkage or other fault due to defective workmanship or materials, or the home not being built according to the approved plans and specifications.
• Developer’s solicitor as stakeholder: the developer’s law firm, which holds 5% of the price after VP as security for the defect period.
• Tribunal: the Homebuyer Claims Tribunal (Tribunal Tuntutan Pembeli Rumah) under KPKT, where buyers file claims against licensed developers.

Key dates set by the SPA

Note clause 26(3). If you put off collecting the keys, the law still treats you as having taken VP 30 days after the notice. The DLP can start running from that date. So do not wait too long to inspect.

The overall flow: from notice to repair

1. Notice to take VP The developer tells you the home is ready for handover once the CCC is issued and water and electricity are ready for connection.
2. Handover inspection You inspect the home room by room, marking and photographing each defect.
3. Written defect list You send a written notice to the developer, with a copy to the developer's solicitor.
4. Repair within 30 days The developer repairs at its own cost within 30 days of receiving the notice.
5. Check and close You inspect the repair and record that it is done.
6. If not repaired You may use the clause 27(2) procedure or file a claim at the Tribunal.

What to bring

A good inspection does not need expensive tools. What matters is tools that help you see, test and record.

Bring a friend if you can. One inspects, the other writes. Go in daylight so there is enough light.

Room-by-room checklist

Use this checklist during the joint inspection and again on your own in the first weeks. Your home’s actual specification is in the SPA and the approved plans.

• Entrance and porch — Main door, locks, hinges, porch floor, rainwater falling away from the house (Open and close the door fully; try every key; pour a little water and watch where it flows)
• Living and dining area — Cracks in walls and ceiling, untidy paint, hollow or cracked tiles, switches and lights (Shine a torch along walls at a low angle; tap each tile with a coin and listen for a hollow sound; turn on every switch)
• Kitchen — Sink and tap, leaks under the sink, drainage, sockets, wall tiles, cabinets (if provided) (Run the tap for a few minutes; look under the sink with a torch; test every socket)
• Bedrooms — Walls, ceiling, windows, window locks, doors, sockets, lights, fans (if provided) (Open and close every window; check rubber seals and sealant; test every socket and switch)
• Bathrooms — Floor falls to the floor trap, leaks, toilet, taps, water heater (if any), tiles, sealant (Pour water on the floor and make sure none is left standing; flush the toilet several times; check the ceiling below any upstairs bathroom)
• Stairs and corridors (two-storey homes) — Handrail firm, treads level, tiles, walls (Gently shake the handrail; check every step)
• Ceilings and roof — Water stains, cracks, sagging ceiling, cracked or shifted roof tiles, gutters (Look from outside; check the ceilings again after the first heavy rain)
• Electrical — Distribution board, circuit breakers, circuit labels, every socket and light (Make sure the board is labelled; test all sockets with the socket tester)
• Outside the house — Drains, fence and gate, external walls, external pipes, external finishes, manhole covers (Walk around the house; look at every drain and joint)
• Keys, meters and documents — Number of keys, water and electricity meter readings, handover documents (Count the keys; photograph the meters; keep copies of every document)

How to record and photograph defects

Good records make your report clear and hard to dispute.

How to submit your defect list within the DLP

Clause 27(1) says the developer must repair defects within 30 days of receiving written notice from you. So how you send the notice matters.

• Write the notice. Include your name, unit number, address, the numbered defect list and photos. Sign and date it.
• Send it under clause 29. Clause 29(1) says a notice must be in writing and is duly served if sent by registered post (deemed received on the expiry of 5 days from posting) or delivered by hand. Keep the postal receipt or a copy stamped as received.
• Send a copy to the developer’s solicitor. Clause 27(3) says that if you serve a copy of your defect notice on the developer’s solicitor before the 8-month or 24-month point after VP, the solicitor must not release the relevant retention to the developer until it receives a certificate from the developer’s architect that the defect has been repaired.
• Report as early as possible. The DLP covers only defects that become apparent within 24 months after VP. Do not wait until it is almost over.

At RumahHQ, you can report a defect to Aiman, our AI assistant, on WhatsApp, for a quick record and inspection. But to protect your rights under the SPA, also send a written notice under clause 29. See the Quality & Handover page for the full process.

If the developer does not repair

You have two main routes. Both need complete records.

Route 1: repair it yourself and claim the cost (clause 27(2))

If a defect is not repaired within 30 days, clause 27(2) allows you to repair it yourself and recover the cost from the developer, including by deducting it from the retention held by the developer’s solicitor. The conditions are:

1. After the 30 days have expired, tell the developer in writing the cost of the repair before the work starts.
2. Give the developer the chance to do the work itself within 30 days from the date you notified it of your intention.
3. If the developer still fails, start the work as soon as practicable.
4. Send a written demand stating the cost to the developer’s solicitor. The solicitor must release that cost to you from the retention within 30 days after receiving your demand.

Route 2: the Homebuyer Claims Tribunal

The Tribunal is a cheaper and simpler forum than the courts. Key facts:

KPKT’s FAQ also says the Tribunal has no jurisdiction to investigate criminal offences for non-compliance with an award; that falls to the National Housing Department (Jabatan Perumahan Negara) and the criminal courts. So if a developer does not comply with an award, report it to the National Housing Department.

1. Gather evidence Written notices, postal receipts, photos, quotations or invoices.
2. Fill in Form 1 State the claim and amount, within the limit.
3. File and pay the fee Submit 4 copies with supporting documents.
4. Hearing Attend in person and explain your case with evidence.
5. Award The Tribunal makes an award; report non-compliance to the National Housing Department.

Common mistakes

• Delaying key collection and assuming the DLP has not started. Clause 26(3) can make VP take effect 30 days after the notice.
• Reporting only verbally or by message. Your rights under clause 27 depend on written notice.
• Not sending a copy to the developer’s solicitor. Without it, the retention may be released at the 8-month or 24-month point.
• Renovating before defects are reported. This makes it harder to prove the original condition at handover.
• Repairing yourself without following clause 27(2). Give notice of the cost and an extra 30 days first.
• Missing the Tribunal deadline. Defect claims must be filed within 12 months after the DLP ends.
• Not keeping records. Photos, dates, receipts and reference numbers are your evidence.

Quick checklist

• I know the date of the VP notice and my VP date (including deemed VP).
• I bring inspection tools and copies of the SPA and plans.
• Every defect is numbered, photographed and dated.
• My written notice is sent by registered post or by hand, with a receipt.
• A copy of the notice goes to the developer's solicitor before the 8-month and 24-month points.
• I record the 30-day deadline for each notice.
• I know when the DLP ends and the last date to file at the Tribunal.

Next step

Read the Quality & Handover page for RumahHQ’s handover checklist and how to report defects to Aiman. To understand the payments before handover, read construction stages and the payment schedule, and for the certificate that must exist before VP, read what is a CCC. If you are looking for a home, Register Interest for upcoming RumahHQ projects. It is free and non-binding. Common questions are answered in the FAQ.