By Canaan Building Inspection Sdn Bhd director Joshua Kang

Buying a new house is one of the biggest investments for many people. A huge amount of hard-earned money is spent to buy a house.

However, many are not aware of their rights and the proper procedures during the Vacant Possession (VP). Many homebuyers and property investors have the wrong perception about their new purchases and do not understand about the procedure of the Vacant Possession.

Below are the standard procedures of the VP:

Procedure 1: Notice of Vacant Possession (VP)

Contrary to popular perception, once the notice of VP is issued, the time of the Defects Liability Period (DLP) has started, and you should go and collect the key at the soonest.

Procedure 2: Defects Inspection

Do take note that no buildings are considered to be Defects Free upon handing over. It is the homebuyers’ responsibility to get their new house inspected and submit the defects lists to the developer during the handover.

Typically, joint inspection with developer’s representative during handover is pre-scheduled and fixed. Also, the slot allocated is usually not more than an hour.

Therefore, it is advisable for the homebuyers to get their new house inspected at their own time and speed. Never rush the joint inspection and submit the defects report without a thorough inspection.

Procedure 3: Defects Inspection Report

A proper inspection report is important to ensure the rights of the homebuyers are protected. Some homebuyers take it easy and do not get their complaints and defects recorded in an official and proper manner.

As a result, they end up being at the losing end when there are disputes over the defects and quality issues with the developers later on.

Therefore, it is important to get our building inspected, and the defects report submitted to the developer with a proper acknowledgement from the developer. After receiving the defects report or complaints’ lists from homebuyers, the developers will have to respond and start their rectification within 30 days from the date of report submission.

Procedure 4: If there is no action from developer

After the defects report submission, some of the homebuyers might receive no response or delayed response for defects rectification by the developer or contractor.

Instead of giving up, you should write an official letter of intention to the developer to express your interest to get the defects repaired by yourselves. You should also send an official quotation for the entire rectification works.

The developer must respond to your request within 14 days from the date of your letter of intention. Not to forget, you should also forward a copy of the letter and quotation to the state holder for their record and reference.

Procedure 5: Completion of Defects Rectification

After the rectification works, there might be some unrectified defects. Therefore, you should have a joint inspection or reinspection based on the earlier defects lists to ensure all the defects and complaints have been rectified.

If there are any unrectified defects, you should file your second complaint or defects lists to the developer within the DLP. Take note that there might be new defects created during the rectification works. Thus, you have to watch out for new defects in your reinspection as well.

As a homebuyer or property investor, you should always perform your rights and get your new property inspected during VP. Be focused and diligent in making sure your most significant investment is as near to being defect-free as possible.

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