1 Answer

askguru expert
Hi Sir/Madam,

The defect liability period (“DLP”) clause is provided under the Sale and Purchase Agreement where it provides the obligation of the developer under the DLP clause. Hence, if your property is still under DLP, if after informing the developer of the leakage and the developer is given certain time period to rectify the leakage pursuant to DLP clause.

If in the event the developer fails, neglect or omits to rectify and make good the said defects, the owner shall be entitled to carry out the works to repair and make good such repairs and the owner can recover such costs from the developer thereafter. Hence, it is best to refer to the SPA for such a clause.

If the leakage occurs after the relevant DLP, then the matter ought to be brought before the management body to ascertain the real factor of the inter-floor leakage, wherein pursuant to the relevant rules of the Strata Management (Maintenance and Management) Regulations 2015, a Certificate of Inspection (Form 28) ought to be issued out to determine the real cause of the leakage.

To know more about DLP read the article below:-
https://www.propertyguru.com.my/property-guides/defect-liability-period-malaysian-homeowner-guide-9584

Best regards,
Team PropertyGuru. Read More

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