International Strata Symposium 2025: "There’s No Perfect House — Use the Defect Liability Period," Says Legal Expert
- Marcus Liew
- Apr 16
- 3 min read
Building defects are a common issue in Malaysia’s property market, and instead of stressing over them, homeowners should focus on understanding their rights and making full use of the defect liability period, said legal expert Datuk Dr Pretam Singh, partner at Pretam Singh, Nor & Co.
Speaking at the International Strata Symposium 2025, hosted by the Real Estate and Housing Developers’ Association Malaysia (REHDA) Institute, Pretam emphasized that no house is truly perfect — but the law provides a solution.
“There cannot be a perfect house. Therefore, there cannot be a perfect building,” he said.
Know Your Rights Under the Housing Development Act
Pretam highlighted the two-year defect liability period under the Housing Development (Control and Licensing) Act 1966 (Act 118).
“During these two years, the developer is legally responsible for rectifying any defects — no need to argue. Just report them, and they must fix the issues within 30 days,” he said.
However, problems often arise when developers fail to meet their obligations, leading to dissatisfaction, especially when properties marketed as "luxury" fall short of expectations.
“If luxury is promised, it must be delivered. Otherwise, don’t make the promise.”
Know Your Rights Under the Housing Development Act
Pretam highlighted the two-year defect liability period under the Housing Development (Control and Licensing) Act 1966 (Act 118).
“During these two years, the developer is legally responsible for rectifying any defects — no need to argue. Just report them, and they must fix the issues within 30 days,” he said.
However, problems often arise when developers fail to meet their obligations, leading to dissatisfaction, especially when properties marketed as "luxury" fall short of expectations.
“If luxury is promised, it must be delivered. Otherwise, don’t make the promise.”
Buyers Must Understand the Sale and Purchase Agreement (SPA)
Pretam also urged homebuyers to read and understand the SPA before making a purchase.
“What’s advertised must be reflected in the SPA. Don’t just follow the crowd. Make an informed decision.”
He warned against impulsive buying trends driven by peer pressure, urging buyers to evaluate all aspects of the purchase carefully.
Strata Titles: Key to Ownership and Management
Danial Lee Abdullah, Director of the Division of Strata and Stratum Titles at the Federal Land and Mines Department (JKPTG), highlighted the importance of strata titles in high-rise property ownership and management.
“Strata titles are essential for owners to enjoy the services and protections of ownership.”
He called for stronger cooperation between developers, buyers, and management bodies to ensure timely issuance of strata titles.
Need for Harmonisation of Strata Laws
Lsr Looi Kam Seng, Director of Selangor Department of Survey and Mapping Malaysia (JUPEM), stressed that the current legal framework requires better coordination.
“The Strata Titles Act [1985], Strata Management Act [2013], and HDA must be aligned. Without this, it’s hard to resolve issues or interpret the laws consistently.”
Looi also supported a proposal by the National Housing Department to introduce a new Strata Title Act to harmonize the existing laws.
Greater Collaboration Needed Between Stakeholders
During the panel discussion, concerns were raised about government inefficiencies. In response, Looi clarified:
“It’s not always the government’s fault. Sometimes, professionals are to blame. That’s why open collaboration between agencies and practitioners is crucial.”
A Step Forward for Strata Reform
The International Strata Symposium 2025 serves as a platform to discuss challenges, best practices, and policy reforms in Malaysia’s strata property sector. It also supports efforts by the Housing and Local Government Ministry to reform the Strata Management Act.