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By Jason Lim, REN 84424 · IQI Realty · Checked on 15 November 2026
Who fixes defects in a condo’s common property in Malaysia? For 24 months after vacant possession, the developer must repair them at its own cost under the statutory Schedule H sale agreement. After that, the joint management body (JMB) or management corporation (MC) repairs them, and all owners pay through maintenance charges, the sinking fund or a special levy.
This guide is for condo owners and buyers in Johor Bahru, including buyers from Singapore, Indonesia, India, China and MM2H participants. It is general information on Peninsular Malaysia’s rules, not legal advice.
Quick answer
- Defect liability period (DLP): 24 months from vacant possession; it covers your unit, the building and the common property (Schedule H, clause 30, Housing Development Regulations as amended in 2015).
- Developer’s repair window: 30 days from a written defect notice, at its own cost.
- Defect deposit: at handover the developer lodges at least 0.5% of the estimated construction cost, or RM50,000 if higher, with the Commissioner of Buildings (COB) to cover common property defects (Strata Management Regulations 2015, regs 46 to 54).
- After the DLP: the JMB or MC must keep common property in good repair (Act 757, sections 21 and 59), paid by owners in proportion to share units.
- Where to complain: the management office in writing, then the COB at your council, then the Strata Management Tribunal (claims up to RM250,000, RM100 to file for a home).
- Old defects: a JMB can still sue a developer in negligence, as a Court of Appeal decision reported by FMT on 5 August 2025 shows.
What counts as common property in a condo?
Section 2 of the Strata Management Act 2013 (Act 757) defines common property as the parts of the development outside any parcel that two or more owners can use. Your parcel is the space inside your unit; almost everything shared is common property.
| Item | Usually | Who repairs after the DLP |
|---|---|---|
| Lifts, corridors, pool, gym, guardhouse | Common property | JMB or MC |
| Roof, roof deck, external walls and facade | Common property | JMB or MC |
| Car park structure, ramps, basement waterproofing | Common property (your own bay may be an accessory parcel) | JMB or MC; check your title or SPA for the bay |
| Water tanks, pumps, risers, main drains, fire-fighting systems | Common property | JMB or MC |
| Tiles, internal walls, doors, sanitary fittings inside your unit | Your parcel | You, the owner |
In gated landed strata schemes, roads, drains and the guardhouse are often common property too; in ordinary estates the council maintains public roads and drains.
Who fixes common property defects, stage by stage?
It depends on when the defect appears and who manages the building then:
| Stage | Who must repair | Who pays | Main rule |
|---|---|---|---|
| Within 24 months of vacant possession (the DLP) | The developer | The developer, at its own cost | Schedule H, clause 30; reg 58(d) of the 2015 Regulations |
| DLP, developer does not act | The COB, using the defect deposit, or the buyer after notice | The deposit, then the developer for any shortfall | Regs 50 to 53; Schedule H, clause 30 |
| After the DLP, under a JMB | The JMB | All owners, by share units: maintenance account, sinking fund or a special levy | Act 757, sections 21, 24 and 25 |
| After strata titles, under an MC | The MC | All owners, by share units | Act 757, sections 59 to 61 |
| Hidden construction defects found later | Still the JMB or MC in the meantime | Owners first; the JMB or MC may try to recover from the developer in court | Negligence and contract law |
What does the developer owe during the defect liability period?
New strata homes from licensed developers in Peninsular Malaysia are sold on the Schedule H agreement, whose terms are fixed by law. Clause 30 makes the developer repair defects that appear within 24 months of vacant possession, in your parcel, the building or the common property, when caused by poor workmanship or materials or by not following the approved plans.
- 30 days to repair. The developer must fix the defect at its own cost within 30 days of receiving written notice.
- If it does not. The buyer may do the work and recover the cost, including from the stakeholder sum held by the developer’s lawyer, after telling the developer the cost and giving it 14 more days.
- Same rule in the strata regulations. Regulation 58(d) of the 2015 Regulations makes such defects in common property during its DLP the developer’s responsibility.
- Maintenance is not a defect. An unserviced lift, a blocked drain or worn gym equipment is upkeep, paid from maintenance charges even in year one.
Report together through the management office, with photos and dates. Until the JMB or MC takes over, section 9 of Act 757 also makes the developer maintain and manage the common property. My vacant possession checklist covers your own unit.
How does the developer’s defect deposit with the COB work?
Under section 92 of Act 757 and Part XIV of the Strata Management (Maintenance and Management) Regulations 2015, the developer must leave money with the Commissioner of Buildings (Pesuruhjaya Bangunan, COB) at the council: MBJB, MBIP, MBPG or MPKu in greater JB.
| Step | What happens | Regulation |
|---|---|---|
| Notice | Up to 21 days before vacant possession, the developer files Form 25 with a construction cost estimate | Reg 46 |
| Amount | At least 0.5% of estimated construction cost, or RM50,000 if higher | Reg 47 |
| Payment | Cash or bank guarantee at vacant possession, valid through the DLP | Regs 48 and 49 |
| Who can claim | A purchaser, owner, the JMB or MC, or others the COB allows, on Form 27 | Reg 50 |
| Notice to the developer | Within 14 days, the COB tells the developer what to fix and by when | Reg 51 |
| If the developer fails | The COB appoints a registered professional and pays from the deposit; the developer covers any shortfall | Regs 52 and 53 |
| Refund | Unused money returns to the developer after the DLP or the repairs, whichever is later | Reg 54 |
A Form 27 claim must be made during the DLP, so do not wait if the developer is slow.
Looking at a newer condo in JB?
Send me the project name. I’ll find out when vacant possession was given, whether the defect period is still running, and what the management says about open common-area defects, before you make an offer.
WhatsApp JasonWho pays for common property repairs after the defect period?
After the DLP, the JMB (section 21) or MC (section 59) must keep the common property in good and serviceable repair. Owners pay by share units, so bigger units pay more.
- Routine repairs come from the maintenance account.
- Capital works such as repainting and replacing fittings come from the sinking fund, at least 10% of charges (sections 24 and 61).
- Shortfalls need an extra contribution voted at a general meeting: a special levy.
- Insurance. The JMB or MC insures the building; fire or storm damage may be a claim, not a repair bill. Cover your own contents (see home insurance).
Can the JMB or MC still go after the developer?
Sometimes. FMT reported on 5 August 2025 that the Court of Appeal upheld a developer’s liability in negligence to a Subang Jaya condo’s JMB for roof and car park leaks, pool tiles and electrical work, although the 24-month DLP had passed. Such cases need expert reports and a lawyer. See latent defects after the DLP.
Where can owners complain if common property defects are not fixed?
Go in order, and keep everything in writing:
| Where | What it can do | Cost and limits |
|---|---|---|
| The management office (developer, JMB or MC) | Inspect, repair, or claim against the developer | No fee; write in with photos |
| Commissioner of Buildings at your council | Supervise the JMB or MC, act on deposit claims, decide leak disputes | Ask your council |
| Strata Management Tribunal (KPKT) | Order a developer, JMB or MC to carry out a duty, such as repairing common property | Up to RM250,000; RM100 for homes |
| Tribunal for Homebuyer Claims (KPKT) | A buyer’s SPA claim against the developer, including defects | Up to RM50,000; RM10; within 12 months after the DLP |
| Civil courts | Larger or later claims | Lawyers and experts; time limits apply |
See my guides to the Strata Management Tribunal and the Tribunal for Homebuyer Claims; KPKT’s southern zone tribunal office is in Johor Bahru (KPKT, August 2025).
What if a common property defect is leaking into my unit?
Part XV of the 2015 Regulations sets a timeline once you report a leak in writing:
- Inspection by the developer, JMB or MC within 7 days of your notice (reg 57).
- A certificate (Form 28) stating the cause and who must repair, within 5 days after the inspection (reg 59).
- Repair of a leak from common property by the developer, JMB or MC within 7 days of Form 28 (reg 62).
- Within the DLP, if the leak comes from a construction defect, you can also claim against the COB defect deposit (reg 60(2)).
- Disagree with the finding? Refer it to the COB, who decides (reg 64).
For leaks from the unit above, see my leak guide.
What should buyers check before buying a condo in JB?
Common property defects end up in your maintenance bill or a levy, so check:
- The vacant possession date: is the DLP still running?
- Two years of AGM minutes: defect lists, developer disputes, leaks, lift problems, levies.
- The section 31 or 73 certificate (fee up to RM50): arrears, fund balances and planned repairs.
- Accounts: a low sinking fund in an old building makes a levy likelier (reading accounts).
- The building: basement stains, peeling facade, cracks, idle lifts.
- Fire and lift records.
See also checking a developer, QLASSIC scores, buying an older condo and checking management.
Where to buy if this matters to you
My area guides cover newer and established condos:
- JB Sentral and Bukit Chagar: towers near the CIQ and RTS Link.
- Iskandar Puteri: many newer strata projects.
- Mount Austin: family condos of different ages.
- Danga Bay: waterfront towers.
- Permas Jaya and Senibong: east-side condos.
Compare them on my JB property map or browse new launches.
More Johor living guides: JMB vs management corporation · Maintenance fees and the sinking fund · Condo running costs in JB · Unpaid maintenance fees
Frequently asked questions
Who is responsible for common property defects in a new condo in Malaysia?
For the first 24 months after vacant possession, the developer is responsible for common property defects caused by poor workmanship, materials or departure from the approved plans. Schedule H, clause 30, requires it to repair them at its own cost within 30 days of written notice.
Who pays for common property repairs after the defect liability period?
After the 24-month defect liability period, the joint management body or management corporation repairs common property. All owners pay in proportion to their share units, through maintenance charges, the sinking fund or a special levy approved at a general meeting.
What is the developer’s defect deposit with the Commissioner of Buildings?
At vacant possession, the developer lodges a deposit with the Commissioner of Buildings of at least 0.5% of the estimated construction cost or RM50,000, whichever is higher. Owners, the JMB or the MC can claim on Form 27 during the defect liability period, and the COB can use the deposit if the developer does not repair.
Can a JMB or MC sue the developer for common property defects after the defect period?
A JMB or MC may still be able to sue a developer in negligence for common property defects after the defect period. In a case reported by FMT on 5 August 2025, the Court of Appeal upheld a developer’s liability to a condo’s JMB. Such claims need expert reports and legal advice.
Where do I complain if the management does not fix common property defects?
Complain to the management office in writing first, then to the Commissioner of Buildings at your council, such as MBJB or MBIP in Johor Bahru. If the issue is still not fixed, the Strata Management Tribunal hears claims up to RM250,000, with a RM100 filing fee for residential property.
Is a roof leak into my condo unit a common property defect?
A leak from the roof, an external wall or a common pipe is usually a common property defect. The management must inspect within 7 days of your written notice, issue Form 28 within 5 days and, if the source is common property, repair within 7 days under the 2015 Strata Regulations.
Buying or owning a condo with defect worries?
Tell me the building. I will ask the management about the vacant possession date, open defect claims, the sinking fund and any planned levy before you commit. You can also book an appointment or a Zoom consultation.
Sources: Housing Development (Control and Licensing) (Amendment) Regulations 2015, P.U.(A) 106/2015, Schedules G and H, in force 1 July 2015 (copy published by DBKL), checked November 2026; Schedule H, clause 30 (defect liability; 2002 form, period later extended to 24 months), as published by the National House Buyers Association, accessed November 2026; Strata Management Act 2013 (Act 757), sections 2, 9, 21, 24, 25, 59 and 61 (copy published by DBKL), checked November 2026; Strata Management (Maintenance and Management) Regulations 2015, P.U.(A) 107, Part XIV (regs 46 to 54) and Part XV (regs 57 to 64) (copy published by DBKL), 1 June 2015; Attorney General’s Chambers, Laws of Malaysia: Strata Management Act 2013 (Act 757), sections 31, 73 and 92, checked November 2026; KPKT, Soalan Lazim Tribunal Pengurusan Strata, updated 9 July 2025; KPKT, Strata Management (Strata Management Tribunal) Regulations 2015, P.U.(A) 103, 1 June 2015; KPKT, Soalan Lazim Tribunal Tuntutan Pembeli Rumah, updated 20 January 2023, checked November 2026; KPKT, Mengenai Tribunal Perumahan dan Pengurusan Strata (zone offices), updated 13 August 2025; MBJB, Info MBJB (Bahagian Pesuruhjaya Bangunan), June 2018; FMT, Court of Appeal upholds developer’s liability for defects to a condo’s common property, 5 August 2025
Jason Lim, REN 84424, IQI Realty Sdn. Bhd. E (1) 1584/6. General information checked on 15 November 2026, not legal advice. Rules and forms change, and each building’s plans and by-laws differ; confirm with your management office, the Commissioner of Buildings at your council, KPKT’s tribunals or a lawyer before you act.