Construction defects in a new apartment: the developer's obligations
A developer selling a new apartment carries defined obligations for defects that appear after handover, running for different periods depending on the component. Most buyers lose ground not because the defect is disputed, but because it was reported late, verbally, or with nothing to back it up.
Warranty periods run by component
The protection period differs by element, with shorter periods for finishes and considerably longer ones for structural matters and serious sealing failures. Because the clock generally starts at handover, the date you took possession is one of the most important facts in the whole file. Identify which category each defect falls into before deciding what to do, and report anything you notice even if it looks minor.
Report in writing and get an inspection
Notify the developer in writing with photographs and dates, and keep the delivery confirmation. Then commission an independent building inspector report. A professional list of defects with estimated repair costs changes the conversation entirely, because it moves the discussion from whether there is a problem to what fixing it costs.
Let them repair, but keep the record
The developer generally has a right to repair, so refusing reasonable access can work against you even when your complaint is sound. Give access, then document each visit, what was done and whether it held. A pattern of failed attempts is itself evidence, and at some point repeated failure supports claiming the cost of having the work done properly by someone else.
FAQ
- The developer keeps sending workers who make it worse.
- Document each visit and its outcome. A pattern of failed repair attempts is significant in itself, and at some point repeated failure supports a claim for the cost of having the work done properly.
- Is an inspector report really necessary?
- For anything beyond a trivial snag, yes. It converts a complaint into a quantified claim, and it is the document that most often moves a stalling developer.
- I only noticed the defect after moving in.
- That is the normal case and is what the protection period exists for. What matters is reporting promptly once you notice, not whether it was visible at handover.
- Can I sue and complain to the Registrar at the same time?
- They are separate tracks with different aims, and one does not replace the other. A regulatory complaint does not recover your repair costs, and a civil claim does not affect the developer's licence.