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Moving In
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| When the developer is ready to hand over the unit, the developer will issue a Notice of
Vacant Possession to the purchaser. You may want to make a thorough inspection of the
unit upon taking vacant possession to ensure that there are no defects. If you discover
any defects, you should follow the procedure set out in the Sale & Purchase Agreement
to rectify the defects.
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| Fast Facts: |
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The developer is required to deliver vacant possession of the unit to the purchaser
by the date specified in the Sale & Purchase Agreement. The date specified is an
expected date and actual delivery of vacant possession may occur earlier.
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Under the Sale & Purchase Agreement, a defect is defined to mean any fault in
the unit or common property which is due to defective workmanship or materials
or to the unit not having been constructed according to the Specifications in the
Agreement.
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During the defects liability period, which is 12 months from date of Notice of
Vacant Possession, the developer is obliged to rectify any defect which becomes
apparent in the unit, common property or housing project.
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Purchasers should follow the procedure in the Sale & Purchase Agreement for
the rectification of defects and making claims for the cost of rectification
works.
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Purchasers can help to facilitate the rectification of defects, e.g. by being specific
on the defects which the developer is asked to rectify.
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| Delivery
of Vacant Possession |
The developer is required to deliver vacant possession of the unit to the purchaser
by the date specified in the Sale & Purchase Agreement. Please note that this is an
expected date and that the actual delivery of vacant possession may be earlier or later.
Before delivering vacant possession, the developer must ensure that the unit has been
completed so as to be fit for occupation. When the developer is ready to hand over the unit,
the developer will issue a Notice of Vacant Possession to the purchaser. The developer
must at the same time also deliver to the purchaser a copy of the following:
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The Temporary Occupation Permit or Certificate of Statutory Completion issued by the
Commissioner of Building Control for the unit, and
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A certificate by an architect/professional engineer that the unit and the housing project (and all the roads,
drainage and sewerage works) have been completed according to the plans and
specifications approved by the Commissioner of Building Control and that all water,
gas and electricity supplies have been properly connected to the unit.
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| What
is meant by a defect? |
Under the Sale & Purchase Agreement, the term "defect" is defined to mean any fault
in the unit which is due either to defective workmanship or materials or to the unit
not having been constructed according to the Specifications set out in the Sale and
Purchase Agreement.
For units in a strata subdivided housing project, the term "defect" in the Sale and
Purchase Agreement covers defects in the common property and housing project as well.
Purchasers are advised to seek clarifications from the developer or seek professional
advice if they are unsure whether there are defects in the unit, the common property
or housing project.
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| Defects
Liability Period |
Within a period of 12 months from the date the purchaser receives the
Notice of Vacant Possession (this period is known
as the defects liability period (DLP) in the Sale & Purchase Agreement) the developer
is obliged to rectify any defect in the unit, the common property or the housing project
which becomes apparent.
The purchaser may want to make a thorough inspection of his unit as soon as he takes
over possession to ensure that there are no defects. If the purchaser discovers defects
at any time during the DLP, he should follow the procedure set out in the Sale & Purchase
Agreement to get the developer to rectify the defects or bear the cost and expense of
the necessary rectification works.
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| Procedure
to Rectify Defects |
Purchasers may wish to follow the steps set out below (which are in line with the procedure
set out in the Sale & Purchase Agreement) :
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Inform the developer in writing specifying details of the defect and request the
developer to make good the defect.
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The developer may wish to conduct a joint inspection of the defect (optional) with the
purchaser but in any event should carry out necessary repairs within 1 month of receiving
notice of the defect from the purchaser.
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If the developer fails to rectify the defect within 1 month, the purchaser may notify
the developer in writing that he intends to engage another party to rectify the defect and
the estimated cost for carrying out the rectification works. The purchaser should obtain a
written quotation on the estimated cost.
This notification should only include the defects which the purchaser has earlier notified
the developer and which the developer has failed to rectify. The purchaser should follow
step 1 of this process if any new defect is found.
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The purchaser should then give the developer an opportunity to carry out the
rectification works.
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If the developer still fails to rectify the defect within 14 days after the date of
the notification in step 3, the purchaser may carry out the repairs and claim for the
cost and expense of the repairs from the developer. |
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| Facilitating
Rectification of defects |
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