Defects liability period

When a buyer takes vacant possession of a newly built private property, the unit is new but not necessarily flawless. Small construction defects, such as uneven tiling, faulty fittings, paint imperfections, or plumbing issues, are common enough in newly completed buildings that the standard sale contract builds in a formal remedy period. This is the defects liability period, during which the developer remains contractually responsible for fixing genuine defects at their own cost, rather than the buyer having to pay for repairs out of pocket. For private new launches, this period is typically 12 months, counted from the date vacant possession is granted, and it is set out explicitly in the Sale and Purchase Agreement used for uncompleted properties.

The defects liability period begins the moment a buyer collects their keys at Temporary Occupation Permit, and it runs in parallel with the buyer settling into and using the unit. Most developers expect defects to be reported through a formal process, often a defined inspection window plus ongoing reporting during the year, with the developer's contractor then scheduled to carry out repairs. Buyers are generally encouraged, and in practice it is strongly advisable, to do a thorough inspection soon after collecting keys, since defects are usually easier to spot before furniture and belongings move in, and a documented early inspection also strengthens the paper trail if a dispute over a defect arises later.

What commonly goes wrong is buyers waiting too long to report issues, sometimes only noticing a defect close to or after the 12 month period ends, at which point the developer's contractual obligation to fix it for free may have lapsed. Vague or undocumented reporting, a phone call rather than a written report with photos, can also weaken a buyer's position if the developer disputes whether an issue was actually reported in time. Disagreement over what counts as a genuine construction defect versus normal wear and tear, or damage caused by the buyer's own renovation work, is another common source of friction during this period.

What a buyer should actually check is to schedule a proper, room by room inspection shortly after collecting keys, ideally with a checklist, and to report every defect found in writing, with photos and dates, rather than relying on verbal conversations with the developer's staff. Buyers should also keep track of the 12 month deadline and do a final walk through inspection before it lapses, catching anything that surfaces later, such as a leak that only becomes visible after a period of use. This page is general information only, and the specific scope of what the developer is obliged to fix, and the exact process, depends on the wording of the individual Sale and Purchase Agreement.

Winfred 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. Verify current figures with IRAS, HDB, CPF Board, or MAS before making any decision.