Recourse for BTO Flat Owners When Rectified Defects in Their Units Recur after Defects Liability Period

Mr Chua Kheng Wee Louis asked the Minister for National Development (a) what is the recourse for residents of new HDB BTO projects should defects that surfaced and are rectified during the Defects Liability Period (DLP) recur after the DLP; and (b) what is the framework upon which compensation for damages caused by such defects are determined; and (c) whether such compensation is borne by the building contractor, HDB or the town council.

The Housing and Development Board (HDB) provides a one-year Defects Liability Period (DLP) to new flat owners from the date they collect their keys. For any defects reported during the one-year DLP, HDB will arrange for the building contractor to carry out the necessary repairs.

As most defects would emerge within the first year, a one-year DLP is sufficient for the majority of new flat owners and is in line with the industry practice for private developments. In addition, HDB provides owners of all new flats launched from 2005 a five-year warranty for ceiling leaks and external wall seepage and a 10-year warranty for spalling concrete.

Flat owners are responsible for the maintenance of their flats. Town Councils are responsible for the maintenance of the common properties, including external walls of HDB flats. Nonetheless, if a maintenance issue within the flat is reported to HDB after the DLP, HDB will investigate the likely cause and advise flat owners on the follow-up action based on the specific circumstances of each case.

Should flat owners report defects that recur after the DLP, even though it was rectified during the DLP, HDB will carry out an investigation to determine the likely cause. If it is assessed to be due to an inherent defect or quality issue, HDB will recall the building contractor to rectify it at no cost to the flat owner. Should the flat owner raise any compensation claim, it will be assessed on a case-by-case basis. On the other hand, if it is assessed to be due to fair wear and tear or a lack of maintenance, the cost of repair will be borne by the party responsible for maintenance.