I have written extensively on the common HDB defects which the homeowners should be aware of in the other blog. Today, I am going to highlight the common Condominium defects which private home buyers like you can expect after your Project has received its temporary occupation permit (TOP) and also outline the possible ways to settle disputes during the defect rectification process. 

What is deemed acceptable for the internal finishing? What are the common condo defects?

As part of the Construction Quality Standards (CONQUAS/ Quality Mark) initiative, the BCA has published a handy homeowner guide which aims to educate homeowners on what constitutes good quality in a home and what to look out for when taking delivery of the unit upon handover. The workmanship, quality demonstrated in the guide is based on the CONQUAS, BCA's Construction Quality Assessment System for assessing workmanship, quality standard and thus provides a useful reference for homeowners to assess on whether an item is considered acceptable. The common defects can be found in the guide.

Tip: This guide does not cover the quality or durability or materials used, aesthetics preference or adequacy of design. In addition, the illustrations in the guide provided are for information only and cannot be used for legal redress.

Developer’s obligations to fulfill when defects are detected within the Defects Liability Period (DLP) of 1 year

The Developer’s obligations are listed as follows:

1. The Developer is responsible for any defect that occurs in your unit, the housing project and the common property within a period of 12 months from the date of Notice of Vacant Possession, a.k.a the DLP OR;

2. The 15th day after you receive notice that the TOP has been issued and that the roads, drainage and sewerage works serving the housing project have been completed (whichever is earlier);

3. The Developer shall make good any defects due to defective workmanship or materials, or to the unit, the housing project or the common property which have not been constructed in accordance with the specifications in the Sale and Purchase Agreement;

Tip: Please read through your Sales and Purchase Agreement thoroughly!

4. The Developer must make good such defects at its own cost and expense within 1 month of receiving a written notice from you.

Based on the developer’s obligations listed above, you are to:
 

1. Check for any defect that might occur in the unit, the housing project and the common property within a period of 12 months from the date of Notice of Vacant Possession, a.k.a the DLP;

2. Look out for internal furnishings which have not been constructed in accordance with the specifications in the Sale and Purchase Agreement;

3. Give advance notice with detailed description of the defects to the Developer. The notice can be in various forms e.g. developer-issued inspection form for reporting defects, letters etc;

4. Make arrangements with the Developer to conduct a joint inspection of the identified defect;

5. Fix appointments with the Developer to carry out necessary repairs;

6. Ensure that the affected areas are free from obstruction like furniture to facilitate the rectification work;

7. Keep a detailed defects checklist to ensure that the Developer make good of the identified defects within 1 month of sending the written notice; you and the developer should acknowledge and agree in writing on the list of defects that have been rectified and outstanding.

1. Send the Notice of Intent to the developer to notify the developer of your own intention to carry out the rectification work. You have to also inform the developer the estimated cost of rectification. Give the Developer another opportunity to carry out the rectification within 14 days from the date of the Notice of Intent;

2. Proceed to rectify the defects by engaging your own workmen once the Developer fails to rectify the defects after the specified time in the Notice of Intent;

3.Recover the cost from the Developer later on and these costs may be deducted from the sum held by the Singapore Academy of Law as stakeholder for the Developer.

There are 2 main ways to resolve such disputes. They are:

1. Consider resolving your disputes through mediation whereby an independent third party, called a mediator is appointed. The mediator helps to negotiate an amicable settlement of your differences and and help to reach a mutual agreement. Mediation services are available at: Singapore Mediation Centre,REDAS Conciliation Panel, which deals with disputes between purchasers and developers who are members of the Real Estate Developers’ Association of Singapore and SISV Dispute Resolution Centre.

2. Consider other dispute resolution measures such as, Neutral Evaluation (an adjudicatory process by which parties to a dispute may obtain a reasoned opinion on facts, evidence and legal merits of specific issues within their case from an independent third party known as a Neutral), Arbitration or the last and most costly resort, Litigation.