Defect Liability Period: When Can You Claim Repairs?
When buying a newly built property, whether it’s a home or an investment, one crucial aspect that you should be aware of is the Defect Liability Period (DLP). This period is a vital part of the property purchase agreement and provides you with the right to claim repairs or rectify any defects that arise in the property after handover. But how does the DLP work, and when can you claim repairs? In this blog, we’ll break down everything you need to know about the Defect Liability Period and how it can protect you as a property buyer.
What is the Defect Liability Period?
The Defect Liability Period (DLP) is the duration following the handover of a newly constructed property during which the builder or developer is responsible for repairing any defects or faults that are found in the property. This period usually starts from the official handover date, once the property is deemed complete and the buyer has taken possession.
The purpose of the DLP is to ensure that any defects, whether from poor workmanship, faulty materials, or construction errors, are addressed by the developer at no cost to the buyer. The DLP helps protect the buyer from having to pay for repairs that are the builder’s responsibility.
How Long Does the Defect Liability Period Last?
The length of the Defect Liability Period can vary depending on the country, the type of property, and the terms of the purchase agreement. In Dubai, for example, the DLP is typically one to two years from the date of handover. However, the length may vary depending on the specific agreement with the developer.
- Standard DLP: Typically, 1 year from handover for most residential properties.
- Extended DLP: In some cases, the period may be extended to 2 years for certain types of work or specific materials.
Make sure to clarify the exact duration of the DLP with your developer and have it clearly outlined in the contract before signing.
What Defects Are Covered During the DLP?
The DLP covers defects related to the construction, design, and materials used in the property. However, not all issues fall under the DLP. Let’s break down the types of defects that can be claimed during this period:
1. Structural Defects
- Cracks in walls or ceilings: These may indicate issues with the foundation or poor construction.
- Roof leaks or water ingress: Any leaks that occur in the roofing or walls of the property can be repaired under the DLP.
- Foundation issues: Problems with the foundation, such as shifting or settling, fall under the DLP.
2. Plumbing Defects
- Leaking pipes or faucets: Faulty plumbing installations, such as leaking pipes, taps, or faulty drainage systems, are typically covered during the DLP.
- Inconsistent water pressure: If the water pressure in your home is low or irregular, the developer may be responsible for fixing it.
3. Electrical and Lighting Defects
- Non-functional outlets or switches: If electrical outlets, lights, or switches aren’t working properly, it’s the developer’s responsibility to fix them.
- Wiring problems: Exposed or faulty wiring that poses a safety risk should be corrected within the DLP.
4. HVAC System Defects
- Malfunctioning heating or cooling systems: If your heating or air conditioning units are not working efficiently, they should be repaired by the developer under the DLP.
5. Interior Finishing Issues
- Uneven paint or wall finishes: Any cosmetic issues such as peeling paint, scuffed walls, or unpolished flooring should be rectified during the DLP.
- Cabinetry or door issues: Faulty doors, windows, or cabinetry installations are also typically covered under the DLP.
What Is Not Covered by the DLP?
While the DLP provides protection for construction-related defects, it does not cover every type of issue. Some common exclusions from the DLP include:
1. Wear and Tear
Natural wear and tear from daily use, such as scratched floors, worn-out appliances, or faded paint, are typically not covered by the DLP.
2. Damage Caused by the Buyer
If damage occurs as a result of negligence, misuse, or alterations made by the buyer (such as installing appliances or modifying the property), it will generally not be covered by the DLP.
3. External Factors
Damage caused by external factors such as extreme weather, flooding, or accidents after handover is also typically not included in the DLP.
4. Regular Maintenance
Routine maintenance or repairs, like cleaning HVAC filters, servicing appliances, or repairing garden areas, are the responsibility of the property owner and are not covered during the DLP.
How to Claim Repairs During the Defect Liability Period
If you identify defects in the property during the DLP, it’s important to act promptly to ensure that the issues are addressed in a timely manner. Here’s how you can claim repairs:
1. Document the Defect
Take photos or videos of the defects, and make detailed notes about what needs to be repaired. This documentation will serve as evidence when submitting your claim.
2. Report the Defects to the Developer
Notify the developer in writing (email or formal letter) about the defects you’ve found. Be sure to include the documentation (photos/videos) and a detailed description of each issue.
3. Allow the Developer Time to Respond
The developer is required to address the issues within a reasonable timeframe. In most cases, they will arrange for a site visit to assess the defects and schedule repairs.
4. Follow Up
Keep track of the repair process and follow up with the developer if repairs are not completed within the promised timeframe. If the issues are not resolved within the DLP, you may need to seek legal advice or take further action.
Conclusion
The Defect Liability Period (DLP) is a crucial aspect of any property purchase, protecting buyers from defects or unfinished work that could affect their new home or investment. Understanding the scope and duration of the DLP is essential for ensuring that any defects are addressed quickly and efficiently.
By staying vigilant during the DLP, documenting any issues you encounter, and communicating promptly with your developer, you can ensure that your new property remains in top condition and that any issues are rectified without additional costs. Always make sure to read the terms of your purchase agreement carefully and clarify the specifics of the DLP with the developer to protect yourself from unexpected surprises down the road.
