A friend of Sean's paid about RM800,000 for a new home, but at vacant possession the facilities weren't ready and buyers were angry. Many owners don't know what protection they have.
What can a buyer do when a new home or its facilities are not delivered as promised?
“you need to claim back what is your right”
Buyers of residential property are protected by the Housing Development Act, and a developer should hand over only when an architect certifies the facilities are ready. For serious failures you can file a claim at a tribunal without a lawyer, but claim what your SPA promises, not grievances like a cheaper later phase.
Why
Homes have legal protection
The Housing Development Act protects buyers of residential property. Buyers of shop offices or factories are not covered by it.
Facilities should come with the keys
A home without a finished car park or access road can't be lived in, so a developer needs a professional architect's certification before handing over.
Claims don't need a lawyer
The tribunal Sean describes is meant for laymen, and lawyers can't act there. If a developer ignores a reported defect and you pay to fix it, you can claim the cost back.
What to do
- Read your SPA to know exactly what must be delivered at vacant possession.
- Report defects to the developer in writing and keep records and photos.
- If they don't respond, fix the defect, keep the bill and claim the cost.
- File serious claims at the tribunal yourself rather than hiring a lawyer.
- Don't expect a claim to succeed over a later phase being cheaper.
Editorial Note: Summarised from Sean Tan's full episode. The quoted answer is in his own words; the rest is our paraphrase. Figures reflect the recording date, so check current rates and rules before acting on them.
CAN YOU COMPLAIN ABOUT YOUR NEW HOUSE?
Sources & Verification Data
Summarised from Sean's English captions for this November 2018 video. The tribunal's name, its filing fee and the deadline for developers to repair are unclear in the captions, so they are left out; check the current tribunal and procedure before filing. The quoted line is verbatim; everything else is paraphrased.
