New owners who wait too long to inspect their unit, or who report issues verbally instead of in writing, sometimes lose the ability to have a defect fixed free of charge simply because the clock ran out before the paperwork caught up.
What counts as vacant possession
Vacant possession is the formal date the developer notifies you that your unit is ready and you are entitled to collect the keys, usually shortly after Temporary Occupation Permit is granted for the development. This date, not your Sale and Purchase Agreement signing date and not the day you happen to move furniture in, is what starts the 12 month clock. It is worth noting the exact date in writing, since it anchors every deadline that follows.
What the developer is obliged to fix
The obligation covers genuine construction and fitting defects, cracked tiles, faulty plumbing, doors and windows that do not close properly, defective electrical points, water seepage, and similar issues that reflect substandard workmanship or materials rather than normal wear. Cosmetic issues, changes you request beyond the original specification, and damage you cause yourself after possession generally fall outside the developer's obligation.
Why the inspection and paper trail matter
Most developers provide a defects checklist or joint inspection process shortly after handover, and it is worth going through every room methodically, testing taps, switches, doors, windows, and fittings rather than a quick walkthrough. Anything you find should be reported in writing, by the channel the developer specifies, with photos and a clear description, and you should keep your own copy of every submission and the developer's response. Verbal reports to a site representative, without a written follow up, are difficult to prove later if a dispute arises.
What happens if defects surface late
Some defects, particularly water seepage or settlement cracks, only become visible months into occupancy, sometimes close to the 12 month deadline. If you notice anything as the period nears its end, report it in writing immediately rather than waiting to see if it worsens, since the developer's obligation to fix at no cost generally depends on the report falling within the period, not on when the defect first occurred.
What to check when buying resale within this window
If you are buying a unit from an original owner who purchased new, ask whether the defects liability period has expired and whether any defects were reported and resolved, or remain outstanding. A unit still within its defects period, with a clean handover record, is a small but genuine point in its favour compared with an otherwise similar unit where the window has long closed and any latent issues are now the current owner's problem alone.
Frequently asked questions
When does the 12 month defects liability period start?
It starts from the date of vacant possession, when the developer hands you the keys and you are legally entitled to take possession of the unit, not from the date you exercised the Sale and Purchase Agreement or the date you actually move in furniture.
Do I have to pay for defect repairs during this period?
No, provided the defects are genuine construction or fitting defects covered under the Sale and Purchase Agreement and you reported them in writing within the period. The developer bears the cost of making good these defects.
What happens to defects I only notice after the 12 months ends?
Once the defects liability period lapses, the developer generally has no further contractual obligation to fix defects free of charge, which is why a thorough inspection and prompt written reporting before the deadline matters far more than most new owners realise.
Collecting keys on a new launch soon?
Winfred walks new owners through what to check at handover and how to document defects properly within the 12 month window.
Book a free 30 minute callWinfred Quek is an Associate Marketing Consultant at Crestbrick Pte Ltd (CEA Licence No. L31010886H). CEA R073319H. This page is for general information only and does not constitute financial, investment, or legal advice. Rates and rules reflect the position as at 9 Aug 2026; verify current figures with IRAS, HDB, or MAS before making any decision.