How long does the developer have to fix defects?

Answer

Under clause 17.2 of the prescribed SPA, the developer must make good a defect within one month of receiving your notice requiring it to do so. If it does not, you can send a second written notice with a contractor's quotation and your intention to have the work done yourself if the developer fails to act within 14 days. After that, you may rectify and recover the cost from the developer.

From the RRD Field Guide, checked against the sources cited in Defects in a New Condo or Landed Home Bought from a Developer: The 12-Month DLP, Your Rights and How to Claim. General information, not advice for your project.

The fuller picture

A private home bought from a licensed developer has a 12-month defects liability period under the prescribed Sale and Purchase Agreement, starting from vacant possession or 15 days after you receive the TOP or CSC papers, if earlier. The developer must fix notified defects within one month; if not, give 14 days' notice with a quotation, then rectify and deduct the cost from the 5% stakeholding.

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