Defect Liability Period: What’s Covered?
When purchasing a new property, one of the key aspects to understand is the Defect Liability Period (DLP). This period is the time during which the builder or developer is responsible for addressing any defects or issues that arise after the property has been handed over. It offers protection to buyers and ensures that the builder fixes any problems that were not identified before the handover.
In this blog, we’ll explore what the Defect Liability Period is, how it works, and what is typically covered.
What is the Defect Liability Period (DLP)?
The Defect Liability Period is a set amount of time that follows the handover of a property during which the developer or builder is legally obligated to fix any defects or faults that arise in the building. This period can vary depending on the developer, location, and type of construction. In many places, including Dubai, the DLP typically lasts for one or two years from the date of possession or handover. However, some developers may offer extended periods for specific parts of the property.
Why is the Defect Liability Period Important?
The DLP is crucial because it provides a safety net for homebuyers, offering them a chance to have any defects in the property addressed without incurring additional costs. Even though snagging (the process of inspecting the property for defects before handover) should catch most issues, there can still be underlying problems that are not immediately visible.
Without a DLP, homeowners would need to bear the cost of repairs or issues that were the responsibility of the builder to fix. The DLP gives buyers peace of mind that the builder will be held accountable for any defects that emerge in the initial period following the handover.
What is Covered During the Defect Liability Period?
The specifics of what is covered under the DLP can vary, but here are some common defects and issues that are typically addressed:
1. Structural Defects
This includes issues with the foundation, walls, ceiling, roof, and load-bearing structures. If any structural elements of the property fail or show signs of damage during the DLP, the developer is responsible for making repairs.
Examples of structural issues covered under the DLP might include:
- Cracks in walls or ceilings
- Uneven floors
- Faulty foundations
2. Plumbing and Drainage Problems
Plumbing defects are some of the most common issues found in properties after handover. These issues may include leaking pipes, poor water pressure, or improperly installed systems. These are generally covered under the DLP.
Examples include:
- Leaking faucets or pipes
- Blocked drains or drainage issues
- Poor water flow or pressure
3. Electrical Issues
Any electrical faults that emerge after moving into a property are typically covered under the DLP. This includes wiring issues, non-working outlets, faulty light fixtures, or malfunctioning electrical panels.
Examples include:
- Broken switches or outlets
- Malfunctioning electrical appliances (if provided by the developer)
- Exposed or faulty wiring
4. HVAC (Heating, Ventilation, and Air Conditioning)
If the property has HVAC systems, any malfunctions or issues with air conditioning, heating systems, or ventilation ducts are usually covered under the DLP.
Examples include:
- Air conditioning units not functioning properly
- Poor airflow
- Heating systems not reaching the desired temperature
5. Interior and Exterior Finishes
If there are defects in the finishes such as cracks in paint, damaged flooring, or improper installation of windows and doors, these may be covered under the DLP.
Examples include:
- Scratched or damaged floors
- Faulty or poorly installed windows and doors
- Paintwork that peels or cracks soon after handover
6. Waterproofing Issues
Issues such as leaks from roof or window seals, bathroom leaks, and water infiltration are usually covered. These types of problems can lead to long-term damage if not addressed promptly.
Examples include:
- Roof leaks or water seepage
- Faulty window seals leading to rain penetration
- Damp or mold issues due to poor waterproofing
What’s Not Covered?
While the Defect Liability Period offers protection against many defects, there are often some exceptions. Typically, the following issues are not covered under the DLP:
1. Wear and Tear
Normal wear and tear from living in the property or from aging appliances and systems usually falls outside the scope of the DLP. For example, damage caused by misuse or neglect is not covered.
2. Upgrades and Modifications
If the homeowner makes any changes or upgrades to the property after handover, the DLP typically no longer applies to those parts of the property.
3. External Factors
Damage caused by external factors, such as natural disasters (floods, earthquakes), vandalism, or accidents, is generally not covered under the DLP.
4. Routine Maintenance
Routine maintenance, such as cleaning gutters, servicing HVAC units, or replacing air filters, is typically the responsibility of the homeowner and not covered by the DLP.
How to Make a Claim During the Defect Liability Period?
If you encounter an issue that you believe is covered under the DLP, here are the steps to take:
- Document the Problem: Take photos and make a detailed note of the defect or issue. This will help with the claim process.
- Notify the Developer: Contact the developer or builder as soon as you notice an issue. Be sure to provide all necessary details and documentation.
- Allow Access for Inspection: The developer may send someone to inspect the issue. Allow them access to assess the problem.
- Follow Up: Ensure that repairs or resolutions are made within a reasonable time. If the developer is unresponsive, you may need to escalate the issue.
Conclusion
The Defect Liability Period provides vital protection for homeowners by holding developers accountable for fixing any defects in newly constructed properties. By understanding what is covered and what isn’t, buyers can make informed decisions and ensure their new homes remain in good condition without facing the burden of unexpected repair costs.
If you’ve just purchased a property, it’s essential to be proactive during the DLP to identify and address issues as quickly as possible. By doing so, you can enjoy your new home without the stress of unresolved defects.
