问 (Question): 发展商卖的房产,缺陷的责任期是多久,从几时开始算起?When does a defect liability period starts?

 

答 (Answer):

  • 24个月,从买家拿钥匙的那天开始算起。但是这个期限只是限制于房产,商业用途的产业就要看买卖合约的内容。
  • 24 months after the date the Purchaser takes vacant possession of the Property. this period only applicable to residential units, not commercial units. You will have to read the terms in the sale and purchase agreement before you sign it.

 

个别地契的单位 (individual title)的法律:

HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966

HOUSING DEVELOPMENT (CONTROL AND LICENSING) REGULATIONS 1989

(subregulation 11(1)

Schedule G

27.Defect liability period

(1) Any defect, shrinkage or other faults in the said Building which becomes apparent within twenty-four (24) months after the date the Purchaser takes vacant possession of the said Property and which are due to defective workmanship or materials or; the said Building not having been constructed in accordance with the plans and descriptions as specified in the Second and Fourth Schedules as approved or amended by the Appropriate Authority, shall be repaired and made good by the Developer at its own cost and expense within thirty (30) days of the Developer having received written notice thereof from the Purchaser.

(2) If the defect, shrinkage or other faults in the said Building have not been made good by the Developer within thirty (30) days referred to in subclause (1), the Purchaser shall be entitled to carry out the works to repair and make good such defect, shrinkage or other faults himself and to recover from the Developer the costs of repairing and making good the same and the Purchaser may deduct such costs from any sum which has been held by the Developer’s solicitors as stakeholders under item 5 of the Third Schedule, provided that the Purchaser shall, at any time after the expiry of the period of thirty (30) days, notify the Developer of the costs of repairing and making good such defect, shrinkage or other faults before the commencement of the works and shall give the Developer an opportunity to carry out the works himself within thirty (30) days from the date the Purchaser has notified the Developer of his intention to carry out the works and provided further that the Purchaser shall carry out and commence the works as soon as practicable after the Developer’s failure to carry out the works within the said thirty (30) days. In such an event, the Developer’s solicitors shall release such costs to the Purchaser from the stakeholder sum held by the Developer’s solicitors under item 5 of the Third Schedule within thirty (30) days after the receipt by the Developer’s solicitors of the Purchaser’s written demand specifying the amount of such costs.

(3) Subject to subclause (2), where the Purchaser has, before the expiry of the period of eight (8) months or twenty-four (24) months after the date the Purchaser takes vacant possession of the said Property as set out in items 5(a) and (b) of the Third Schedule, respectively, duly served on the Developer’s solicitors a copy of the written notice from the Purchaser to the Developer under subclause (1) to rectify the defect, shrinkage or other faults in the said Building, the Developer’s solicitors shall not release to the Developer the relevant sum held by the Developer’s solicitors as stakeholders under item 5(a) or (b) of the Third Schedule, as the case may be, until the Developer’s solicitors shall have received a certificate signed by the Developer’s architect certifying that such defect, shrinkage or other faults in the said Building have been repaired and made good by the Developer.

 

未分层地契的单位 (master title)的法律:

Schedule H

30.Defect liability period

(1) Any defect, shrinkage or other faults in the said Parcel or the said Building or the common property which becomes apparent within twenty-four (24) months after the date the Purchaser takes vacant possession of the said Parcel and which are due to defective workmanship or materials or; the said Parcel or the said Building or the said common property not having been constructed in accordance with the plans and descriptions as specified in the First and Fourth Schedules as approved or amended by the Appropriate Authority, shall be repaired and made good by the Developer at its own cost and expense within thirty (30) days of the Developer having received written notice thereof from the Purchaser.

(2) If the defect, shrinkage or other faults in the said Parcel or the said Building or the said common property have not been made good by the Developer within thirty (30) days referred to in subclause (1), the Purchaser shall be entitled to carry out the works to repair and make good such defect, shrinkage or other faults himself and to recover from the Developer the costs of repairing and making good the same and the Purchaser may deduct such costs from any sum which has been held by the Developer’s solicitors as stakeholders under item 5 of the Third Schedule, provided that the Purchaser shall, at any time after the expiry of the period of thirty (30) days, notify the Developer of the costs of repairing and making good such defect, shrinkage or other faults before the commencement of the works and shall give the Developer an opportunity to carry out the works himself within thirty (30) days from the date the Purchaser has notified the Developer of his intention to carry out the works and provided further that the Purchaser shall carry out and commence the works as soon as practicable after the Developer’s failure to carry out the works within the said thirty (30) days. In such an event, the Developer’s solicitors shall release such costs to the Purchaser from the stakeholder sum held by the Developer’s solicitors under item 5 of the Third Schedule within thirty (30) days after the receipt by the Developer’s solicitors of the Purchaser’s written demand specifying the amount of such costs.

(3) Subject to subclause (2), where the Purchaser has, before the expiry of the period of eight (8) months or twenty-four (24) months after the date the Purchaser takes vacant possession of the said Parcel as set out in items 5(a) and (b) of the Third Schedule, respectively, duly served on the Developer’s solicitors a copy of the written notice from the Purchaser to the Developer under subclause (1) to rectify the defect, shrinkage or other faults in the said Parcel or the said Building or the common facilities, the Developer’s solicitors shall not release to the Developer the relevant sum held by the Developer’s solicitors as stakeholders under item 5(a) or(b) of the Third Schedule, as the case may be, until the Developer’s solicitors shall have received a certificate signed by the Developer’s architect certifying that suchdefect, shrinkage or other faults in the said Parcel or the said Building or the said common facilities have been repaired and made good by the Developer.

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Defect Liability Period for Residential Units