What Should I Do When There Are Defects In My New Home?
You may follow the steps below, which are based on the terms in the S & P agreement:-
Step 1:
Give advance written notice to the developer highlighting specific details of the defect(s). If no response is received by one month from the date of notice, proceed to Steps 2a and 3a. (The notice can be in various forms e.g. developer-issued inspection form for reporting defects, letters, etc)
Step 2:
Make arrangements with the developer to either conduct a joint inspection of the defect, or fix an appointment for the developer to carry out necessary repairs if the inspection is not necessary. (Please note that to agree on a suitable time for repairs to be carried out, coordination by both parties is required.)
Step 3:
After an appointment has been fixed, contribute by helping to ensure that the area for repair has been cleared, to facilitate the smooth completion of work. (This will help prevent damage to your furnishings and belongings while repairs are being carried out.)
Step 4:
At the appointed day and time, make sure that someone is in the premises to grant access to the workmen to carry out rectification works.
Step 5:
Acknowledge to confirm that repairs have been carried out. (This will help all parties to account for the status of the work and prevent any complications that may arise. Additional defects may be dealt with in the same manner as described above)
What if there is no response from developer?
Step 2a:
Issue written notice to the developer of your intention (Notice of Intent) to rectify the defects and also provide the estimated cost of such work.
Step 3a:
You may commence your own rectification works if the developer does not carry out the work within 14 days from the date of notice, and recover the cost from the developer. The cost may be deducted from the sum held by the Singapore Academy of Law as stakeholder for the developer.
What is the Defects Liability Period for Your Singapore Home?
As a prospective owner of a new HDB flat or private property (such as a condominium unit or landed property), you will want your new home to be in tip-top condition when you move in. You may be assured to hear that there is a safeguard in place for homebuyers like you – the Defects Liability Period (DLP).
The Defects Liability Period (DLP) refers to the period of time where the developer remains responsible for any defects in the units, the project and common property. Thus, if you report any defects to the developer during this period of time, the developer will arrange for the necessary repairs or rectification works at its own cost and expense.
Subject to the terms and conditions of your property sale and purchase agreement, the standard DLP for both HDB flats and private developments is 1 year. It will start running from:
What is Considered a “Defect”?
The sale and purchase agreement should state what constitutes a “defect” that the developer will be responsible for.
Typically, a “defect” is defined as any fault arising from either:
Checking For and Identifying Defects
You might also be wondering what sort of things you should be looking out for after collecting your keys and entering your new home. Here is a non-exhaustive checklist of some common areas and things you should inspect for defects:
As a prospective owner of a new HDB flat or private property (such as a condominium unit or landed property), you will want your new home to be in tip-top condition when you move in. You may be assured to hear that there is a safeguard in place for homebuyers like you – the Defects Liability Period (DLP).
The Defects Liability Period (DLP) refers to the period of time where the developer remains responsible for any defects in the units, the project and common property. Thus, if you report any defects to the developer during this period of time, the developer will arrange for the necessary repairs or rectification works at its own cost and expense.
Subject to the terms and conditions of your property sale and purchase agreement, the standard DLP for both HDB flats and private developments is 1 year. It will start running from:
- The date of actual delivery of vacant possession of the property to you – such as the date where you collect the keys to your new flat; OR
- The 15th day after you receive the Temporary Occupancy Permit (TOP),
What is Considered a “Defect”?
The sale and purchase agreement should state what constitutes a “defect” that the developer will be responsible for.
Typically, a “defect” is defined as any fault arising from either:
- Defective workmanship or materials; or
- The unit, housing project or common property not having been built in accordance to specification in the sale and purchase agreement.
Checking For and Identifying Defects
You might also be wondering what sort of things you should be looking out for after collecting your keys and entering your new home. Here is a non-exhaustive checklist of some common areas and things you should inspect for defects:
Resolving disputes
There may be instances where the developer disputes your rectification request, or there may be unresolved issues such as disagreements on defects, repairs that are not carried out satisfactorily, or lack of response to your concerns.
You should first consider resolving your disputes through mediation. In mediation, an impartial third party, called a mediator, will help you and your developer to negotiate an amicable settlement of your differences. The mediator does not decide on the dispute, but will help you and your developer reach a mutual agreement that is in the interest of both parties. Mediation is less time consuming and costly than litigation or arbitration.
If you and your developer are unable to settle your disputes through mediation, you may consider other dispute resolution measures such as neutral evaluation, arbitration or litigation.
If mediation services are required, there are a number of organizations/bodies that provide such services. Three organizations/bodies are highlighted here. A fee may be charged for these services. You are advised to check with the respective organizations/bodies to confirm the fees before engagement.
There may be instances where the developer disputes your rectification request, or there may be unresolved issues such as disagreements on defects, repairs that are not carried out satisfactorily, or lack of response to your concerns.
You should first consider resolving your disputes through mediation. In mediation, an impartial third party, called a mediator, will help you and your developer to negotiate an amicable settlement of your differences. The mediator does not decide on the dispute, but will help you and your developer reach a mutual agreement that is in the interest of both parties. Mediation is less time consuming and costly than litigation or arbitration.
If you and your developer are unable to settle your disputes through mediation, you may consider other dispute resolution measures such as neutral evaluation, arbitration or litigation.
If mediation services are required, there are a number of organizations/bodies that provide such services. Three organizations/bodies are highlighted here. A fee may be charged for these services. You are advised to check with the respective organizations/bodies to confirm the fees before engagement.
Singapore Mediation Centre (SMC)
The SMC is a non-profit organization funded by the Government through the Ministry of Law, and guaranteed by the Singapore Academy of Law. It provides mediation and neutral evaluation services.
The mediation process is facilitated by mediators appointed by the SMC. The mediators include former Supreme Court judges and judicial commissioners, senior lawyers, and senior and respected construction industry professionals, such as architects, engineers, project managers, quantity surveyors and builders. The SMC will match appropriate mediators to disputes. In addition, you and your developer will each pay an administrative fee. In neutral evaluation, you and your developer will select an evaluator from the SMC’s panel of evaluators to provide an impartial written opinion on the merits of the disputes between you and your developer. The SMC’s evaluators also include senior and respected construction industry professionals such as architects, engineers, project managers, quantity surveyors and builders.
For more information, you may visit the SMC web site at http://www.mediation.com.sg
The SMC is a non-profit organization funded by the Government through the Ministry of Law, and guaranteed by the Singapore Academy of Law. It provides mediation and neutral evaluation services.
The mediation process is facilitated by mediators appointed by the SMC. The mediators include former Supreme Court judges and judicial commissioners, senior lawyers, and senior and respected construction industry professionals, such as architects, engineers, project managers, quantity surveyors and builders. The SMC will match appropriate mediators to disputes. In addition, you and your developer will each pay an administrative fee. In neutral evaluation, you and your developer will select an evaluator from the SMC’s panel of evaluators to provide an impartial written opinion on the merits of the disputes between you and your developer. The SMC’s evaluators also include senior and respected construction industry professionals such as architects, engineers, project managers, quantity surveyors and builders.
For more information, you may visit the SMC web site at http://www.mediation.com.sg
