Debated in Parliament on 3 Jul 2017.
Mr Zainal Sapari asked the Minister for National Development (a) what is the number of complaints that HDB has received in 2016 from BTO owners in Punggol with regard to workmanship defects in their flats after the one-year defects liability period; (b) whether HDB makes an assessment on each feedback to determine whether it is a latent defect that has caused problems after the liability period; and (c) whether all new BTO flat owners have a six-year latent defects liability period similar to those of private developments.
For the recently completed Build-To-Order (BTO) projects in Punggol where the one-year defects liability period (DLP) has just expired in 2016, the Housing and Development Board (HDB) received about four cases of feedback on workmanship issues per 1,000 units per month.
When residents move into their flats and report any defects to HDB during the one-year DLP, HDB will arrange for the contractor to carry out repairs. The one-year DLP is an industry-wide practice and is aligned with that for private developments.
If any issue is reported after DLP, HDB will first investigate the likely cause and advise flat owners on the follow-up action accordingly. If the issue is assessed to arise from workmanship of the building contractor, it is considered a defect and HDB may recall the building contractor to rectify it. However, if the issue is due to wear and tear or the flat owner’s own actions, flat owners will be responsible for any rectification works.
The Member has referred to a "latent defects liability period". I believe he is referring to the limitation period under the Limitation Act, which sets out how long a developer is legally liable for defects from the time of completion of a project. The duration of the limitation period for latent defects is 15 years. This applies to private developers and HDB. As there are many reasons why defects emerge after DLP, HDB assesses each defect – even those which emerge after DLP – on a case-by-case basis.
PAPERCUTS