International Strata Symposium 2025: No perfect house, make use of defect liability period, says expert

• “Make sure that what is advertised is already in the sale and purchase agreement (SPA). Learn to understand the SPA and the developer’s responsibility so that you can make an informed decision,” said Pretam.

PETALING JAYA (April 10): Building defects is one of the most common issues in Malaysia’s property landscape, says a law expert, so homeowners should just make use of the legal provisions to claim their rights. 

“There cannot be a perfect house. Therefore, there cannot be a perfect building,” Pretam Singh, Nor & Co partner Datuk Dr Pretam Singh told EdgeProp.my at the International Strata Symposium 2025 at M World Hotel yesterday. The event was hosted by the Real Estate and Housing Developers' Association Malaysia (Rehda) Institute in conjunction with Malaysia’s ASEAN Chairmanship in 2025.

Pretam explained that the law provides a defect liability period of two years.

“During these two years, the developer's responsibility is to carry out the defect rectification. So, no need to fight or argue over it.

“If there are defects, then bring it up to the attention of the developer, and it's the developer's responsibility to rectify within 30 days, as provided for under the HDA (Housing Development (Control and Licensing) Act 1966, also known as Act 118),” he explained.

He added that legal disputes often arise when a developer doesn’t carry out its responsibility properly, resulting in poor workmanship or standards that do not meet the expectations of purchasers.

“If a luxury house or luxury condominium is promised, but defects are present, people are not going to be happy. The important thing is, what is promised must be delivered. If luxury is promised, it should be delivered. Otherwise, don't promise,” he stressed.

Pretam also pointed out that homebuyers must understand their rights.

“Make sure that what is advertised is already in the sale and purchase agreement (SPA). Learn to understand the SPA and the developer’s responsibility so that you can make an informed decision.

“Don’t blindly buy. Make sure you take into consideration all the factors before you actually do the booking. Don’t have a herd mentality, rushing to buy just because everyone else is,” he stated.

Strata titles crucial for ownership and management

Meanwhile, Federal Land and Mines (JKPTG) Department of Director General Division of Strata and Stratum Titles director Danial Lee Abdullah stressed the importance of strata titles.

“In a strata development, there are two main elements, which are ownership and management … where buyers will enjoy the services that come with ownership,” he told EdgeProp.my.

“Strata titles are crucial in the ownership and management of high-rise properties,” Danial said.

Danial explained that fulfilling the requirements for strata title issuance is vital, and to do this, everyone involved in the strata development, from developers to house buyers and the management body, must play their role.

“Before talking about management, we must fulfill the requirement of the strata title. Developers and buyers must work together to ensure that the strata title can be issued as promised,” he said.

All acts need to be aligned for better strata management

Besides that, Selangor Department of Survey and Mapping Malaysia (Jupem) director Lsr Looi Kam Seng highlighted the need for better alignment between the various laws governing strata titles and management.

“The laws need to be in sync, especially the Strata Title Act [1985], Strata Management Act [2013] and HDA.

“These three acts must be in sync so that problem-solving and interpretation can be better managed,” he added.

He also expressed support for a proposal by National Housing Department director-general Datuk Jayaselan K Navaratnam to implement a new Strata Title Act by next year.

“It’s a good move because the current act isn’t in sync with the others. Reworking the acts to ensure they align will be for the public's benefit,” he said.

During the panel discussion, a participant raised a concern about government practices, referring to instances where issues have not been addressed adequately.

“I don’t think it’s the fault of the government. Sometimes it’s the fault of the professionals themselves.

“It's important for there to be collaboration between government agencies and practitioners. Jupem is always open to discussions with professionals to solve any problems,” he said.

The International Strata Symposium 2025 is an event to discuss and share insights on strata governance, best practices, and the latest regulatory developments. It aims to support the Housing and Local Government Ministry in reforming and amending the SMA to enhance Malaysia’s strata laws. EdgeProp.my is the media partner for this event.

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