DLP 24 months — strata vs landed: when the rules differ

The Defect Liability Period in Malaysia is 24 months from Vacant Possession for both strata (Schedule H) and landed (Schedule G) housing. That’s the headline. The practical reality of enforcing that 24 months is significantly different depending on which type of property you bought, and most first-time buyers don’t think about this until something goes wrong.

This file walks through the operational differences and what they mean for how you should handle defect claims.

What both share

No matter property type, the same statutory framework applies:

• 24 months from VP, not from purchase date or moving-in date
• Schedule G (landed) / Schedule H (strata) of the HDA prescribe the standard SPA terms — you cannot contract out of the DLP, even if your developer’s SPA tries to
• Defects must be raised in writing during the period — verbal complaints don’t trigger any obligation
• Developer must rectify within a reasonable time — undefined in the Act, but generally read as 30–60 days for non-urgent items
• If developer fails to rectify, you can deduct the cost of self-rectification from any retention sum or sue under the SPA
• Tribunal Tuntutan Pembeli Rumah (HBT) is the cheap, fast forum for disputes up to RM 50,000

How landed (Schedule G) plays out

For double-storey terraces, semi-Ds, bungalows — anything with individual title.

Practical reality:

• You deal directly with developer for the entire 24 months. There’s no JMB layer between you.
• Defects in your unit AND the structure are entirely the developer’s problem — there’s no “common area / unit” split.
• The 5% retention sum in your SPA (released in two stages — 2.5% at 8 months, 2.5% at 24 months) is your real leverage. If defects are unresolved, hold release of retention.
• Your conveyancer holds the retention sum, not the developer. Your lawyer is part of your enforcement chain.

What goes wrong most often:

• Boundary wall and drainage — common defects, sometimes contested whether it’s developer scope or local council
• Roof tile alignment / leak — gets contested as “weather damage” rather than workmanship
• External wall finish — patchy paint, cracks at expansion joints
• Site grading / yard drainage — water pooling that surfaces only in heavy rain

The single most important practice: inspect the entire roof and external walls during week one of VP, even though you’ll never normally look at them. If you can get a drone photo or a tall ladder, do it. Roof defects discovered in month 18 are a fight; roof defects flagged in week one are routine.

How strata (Schedule H) plays out

For condos, apartments, serviced apartments, strata terraces, strata bungalows.

Practical reality:

• Two parallel DLP regimes: yours (for your unit) and the JMB’s (for common areas). They run on different timelines and you’re affected by both.
• Your unit-DLP runs 24 months from your VP date. Standard.
• Common-area DLP runs from the date the developer hands over management to the JMB — which can be later than your VP. So common-area DLP often extends beyond your unit-DLP.
• For unit defects, you raise directly with developer. Same as landed.
• For common-area defects (lift, lobby, pool, gym, exterior wall, parking), you raise via the JMB. JMB consolidates, files with developer, and chases. Your individual complaint to developer about a broken lift will usually be redirected to JMB.

What goes wrong most often:

• Waterproofing failure in bathrooms — affects you AND the unit below. Both unit-DLP claims, but coordination is required.
• Tile lippage in common corridors — JMB scope, not yours, but you’ll trip over it daily
• Aircon condenser placement — sometimes routed wrong in common chase, requires both JMB and developer involvement
• Lift commissioning issues — JMB scope; your role is reporting to JMB
• Building-skin water ingress affecting your unit — contested between JMB scope (facade) and unit-DLP (where the water ended up)

The single most important practice: attend your first JMB AGM, even if it’s painful. The JMB committee that gets elected in your first year decides how aggressive defect claims will be against developer for the next decade. A passive committee = lost claims.

The under-discussed split: when a defect is “yours” vs “common”

This is where strata buyers lose the most claims.

Examples that look like unit defects but are actually common-area:

• Soil stack in wet area — pipes that serve multiple units are common-area, even if they enter your wall
• Aircon condenser ledge — usually common-area structure, even though it serves your unit
• Window frame on facade — frame is common, glass is yours
• Ceiling slab from unit above — common element; only the finish (plaster, paint) is yours
• Floor slab to unit below — common element; only your finish (tile, screed) is yours

Examples that look common but are yours:

• Internal walls inside your unit — yours, even if they’re load-bearing
• All electrical from your distribution board onwards — yours
• All plumbing from your stop-cock onwards — yours

Why this matters: if you raise a common-area defect with developer directly, you’ll be redirected to JMB and will lose 4–8 weeks while the JMB consolidates. If you raise a unit defect with JMB, the JMB will redirect to developer and you’ll lose the same time. Get the routing right the first time.

When the 5% retention works for you (and when it doesn’t)

The 5% retention split (2.5% at month 8, 2.5% at month 24) is a strong tool — IF your conveyancer is paying attention.

What to verify with your lawyer:

• The retention sum is held in stakeholder account, not released to developer in good faith
• Release at month 8 requires confirmation that no unresolved defects are outstanding
• Release at month 24 (final 2.5%) requires the same confirmation
• If you have unresolved defects, instruct your lawyer in writing to NOT release retention until rectification is confirmed

What goes wrong: many lawyers treat retention release as administrative and release on schedule unless the buyer specifically objects. If you have a live defect issue, this becomes the developer’s leverage to delay. Object early.

The HBT — Tribunal route

For disputes up to RM 50,000, the Tribunal Tuntutan Pembeli Rumah is your cheap, fast forum. Filing fee is RM 10. No lawyer required (though one can advise behind the scenes). Hearing dates within 60–90 days. Decision binding on developer.

Use the Tribunal when:

• Developer has had 30+ days to rectify and is non-responsive
• Defect amount falls within RM 50,000 limit
• You have written documentation (the entire defect chain)
• Self-rectification is feasible if you win

Don’t use the Tribunal when:

• Defect is structural/safety (you want a court order, not RM 50k)
• Amount exceeds RM 50,000 (file in court via SPA)
• You haven’t first given developer a written 30-day notice to rectify

What this dossier doesn’t do

It doesn’t cover what to do if your developer goes into liquidation during DLP — that’s a different file (HDA’s protection mechanisms via Housing Development Account). And it doesn’t cover commercial property, which is outside the HDA framework entirely.

For everything else: keep the documentation, attend the AGM, hold the retention. Twenty-four months feels long when you move in. It feels very short by the time you realise something’s wrong.