Tribunal for Homebuyer Claims in Malaysia (2026): who can claim, the RM50,000 limit, fees and how to file

中文 · Bahasa Melayu · Bahasa Indonesia

By Jason Lim, REN 84424 · IQI Realty · Checked on 13 November 2026

If your developer delivered your new home late, handed it over with defects it will not fix, or owes you a refund under the sale and purchase agreement (SPA), you may not need to go to court. The short answer: the Tribunal for Homebuyer Claims (Tribunal Tuntutan Pembeli Rumah, TTPR) under the housing ministry (KPKT) hears SPA-based claims of up to RM50,000 each for a RM10 filing fee, usually within 12 months of the completion certificate or the end of the defect liability period. Lawyers are generally not allowed, and its award is binding like a court order. This guide is general information for buyers in Johor and Peninsular Malaysia, not legal advice.

What the Tribunal for Homebuyer Claims is

The tribunal was set up in 2002 under Part VIIA of the Housing Development (Control and Licensing) Act 1966 (Act 118). Today it sits inside KPKT’s Housing and Strata Management Tribunal office (Tribunal Perumahan dan Pengurusan Strata, TPPS), alongside the Strata Management Tribunal.

• Where it applies: Peninsular Malaysia and the Federal Territory of Labuan, according to KPKT’s FAQ. Sabah and Sarawak have their own housing laws.
• Where it sits: KPKT’s headquarters in Putrajaya, with zone offices; the Southern Zone office for the TPPS is in Johor Bahru (KPKT, page updated August 2025).

Who can claim, and for what

Section 16N of Act 118 limits the tribunal to claims based on the SPA between a homebuyer and a licensed developer. In practice that means a home bought from a developer under the statutory SPA forms (Schedule G for landed homes, Schedule H for strata units). KPKT’s FAQ lists terraces, semi-detached houses, bungalows, apartments, condominiums, townhouses and SOHO units, but not commercial buildings. If you bought the unit subsale from the first buyer, ask the tribunal before filing whether the claim passed to you.

Usually heard by the tribunal	Usually outside its jurisdiction
Non-technical claims: liquidated ascertained damages (LAD) for late vacant possession or late common facilities, refund of deposits and other sums under the SPA	Abandoned projects
Technical claims: poor workmanship, defective materials, construction that does not follow the approved plans and specifications in the SPA	Negligence, defamation, inheritance and land recovery disputes, and personal injury
Claims up to RM50,000 each, or more if both sides agree in writing	Disputes with an estate agent, a lawyer, a landlord or tenant, or the developer’s consultants, and disputes over whether the CCC is valid

Late delivery: how LAD is worked out

Under the statutory SPA, LAD for late vacant possession is charged at 10% a year of the purchase price, day by day. KPKT’s FAQ gives the formula as days late × purchase price × 10% ÷ 365, with this example: 100 days late on a RM300,000 home is RM8,219.18. In a January 2021 decision, the Federal Court held that the delivery period, and so LAD, runs from the date you paid the booking fee, not the later SPA date (Borneo Post, 19 January 2021). For the full picture, see my guide to late vacant possession and LAD claims.

The RM50,000 limit

• Per claim, not per house. In a March 2023 decision on a Johor homebuyer’s appeal, the Federal Court held that the cap applies to each claim. A buyer can bring separate claims about different matters on the same house, such as LAD and defects, even if together they exceed RM50,000 (FMT, 17 March 2023).
• No artificial splitting. Section 16Q still bars dividing one claim, such as one RM80,000 LAD claim, into two to fit under the limit.
• Above the limit by agreement. KPKT’s FAQ says a larger claim can be heard if the buyer and developer agree in writing. Otherwise, a larger claim goes to court.

Time limits: do not miss the 12 months

Type of claim	File within	Example
Non-technical (LAD, refunds)	12 months from the date of the Certificate of Completion and Compliance (CCC)	Late handover of a condo whose CCC was issued in March: file by the following March
Technical (defects)	12 months after the defect liability period ends	Defects the developer did not fix during the 24-month DLP
SPA terminated before the CCC	12 months from the termination	A refund after the agreement was ended

If the 12 months have passed, a court claim may still be possible, because court claims follow the general limitation rules rather than the tribunal’s window. In a July 2026 Bernama report, the tribunal’s president noted that buyers generally have six years to take legal action over misleading advertising. For defects that appear after the defect period, see my guide to latent defects after the DLP.

How to file a claim, step by step

1. Write to the developer first. For defects, give written notices and a reasonable time to repair. KPKT asks technical claimants to attach copies of their first and second notices to the developer.
2. Get the forms. Form 1 (Borang 1, statement of claim) and the TTPR details form (Borang Butiran TTPR), from KPKT’s website or the TPPS counter.
3. Fill in Form 1 in four copies, signed or thumbprinted, and the details form in one copy.
4. Attach your documents. Non-technical claims: the SPA, the vacant possession letter, the CCC and related papers. Technical claims: the same, plus three repair quotations, three copies of the technical claims list (Borang Senarai Tuntutan Teknikal) and colour photos of the defects.
5. File and pay RM10. KPKT’s TTPR FAQ describes filing at the counter or by post, paying by cash, bank draft or money order (no personal cheques, and no cash by post). KPKT has been moving tribunal filing online through its e-TPS system (Berita RTM, October 2025), so check the current channel on KPKT’s site.
6. Serve the developer. The tribunal stamps Form 1 and returns three copies: one for you, one to serve on the developer (by hand to a director, manager or secretary, or by prepaid registered post) and one for the bank. Keep proof of service.
7. Wait for the hearing notice. Form 4 gives the date, time and place. The developer has 14 days from receiving Form 1 to file a defence and any counterclaim (Form 2).

You cannot run the same issue at the tribunal and in court, or refile an issue already decided (KPKT FAQ).

The hearing: no lawyers, settlement first

• You speak for yourself. Section 16U lets every party attend and be heard but generally bars lawyers. The tribunal may allow one if the case raises complex legal issues and a party would suffer severe financial hardship without one; the other side may then have one too. A developer is usually represented by a full-time employee.
• Settlement comes first. Under section 16T the tribunal first considers helping both sides agree. An agreed settlement is recorded and takes effect as an award.
• Turn up. If a party is absent and the hearing notice was properly served, the tribunal can decide without them (section 16X).

The award, and what if the developer does not pay

Point	What the Act says
Timing	Without delay and, where practicable, within 60 days of the first hearing day (section 16Y)
What it can order	Payment or refund, compliance with the SPA, compensation, costs, and interest of up to 8% a year unless the parties agreed otherwise (section 16Y)
Status	Final and binding, and deemed an order of a Magistrates’ Court or Sessions Court, enforceable as such (section 16AC)
Non-compliance	An offence: a fine of RM10,000 to RM50,000, prison of up to two years, or both, plus up to RM1,000 a day for a continuing offence (section 16AD)
Who acts on non-compliance	The tribunal itself cannot investigate or punish; KPKT’s FAQ says this falls to the Jabatan Perumahan Negara, and only a criminal court can impose penalties

In practice, if an award is not paid, you can enforce it through the civil courts like any court order and report the developer to KPKT. Recovery is harder if the developer has been wound up; then the usual route is a claim with the liquidator. If a project has stalled entirely, the tribunal is not the forum: see my guide to abandoned housing projects.

Tribunal, court or the Strata Management Tribunal?

	Tribunal for Homebuyer Claims	Strata Management Tribunal	Civil court
Typical disputes	Buyer vs developer under the SPA: LAD, defects in your unit, refunds	Owners, JMB/MC and developer under the Strata Management Act: charges, common property repairs, by-laws, inter-floor leaks	Anything, including larger or complex claims
Limit	RM50,000 per claim	RM250,000 (section 105, Act 757)	Depends on the court
Filing fee	RM10	RM100 for residential property	Court fees plus legal fees
Lawyers	Generally not allowed	Generally not allowed	Usual
Deadline	12 months (see above)	The Limitation Act does not apply to its claims	Limitation Act 1953

A rough rule for condo owners: a defect inside your unit during the developer’s defect period is a homebuyer claim; a problem with lifts, roofs or other common property, or a leak from the unit above, usually goes to the management body and then the Strata Management Tribunal.

Records to gather before you file

• Booking fee receipt (the LAD start date) and the stamped SPA with its delivery period.
• The vacant possession notice, the date you actually received the keys, and the CCC date.
• Your defect list with dated photos, every complaint form and the developer’s replies. My vacant possession defect checklist shows how to record defects at handover.
• Three repair quotations for technical claims, and your first and second notices to the developer.
• The developer’s licence details from KPKT’s TEDUH portal; my guide on how to check a developer before buying explains where to look.

Buying your next new launch with fewer surprises

• New launches in Johor Bahru: projects I follow, with their developer licence and permit details.
• Sales gallery checklist: what to confirm before you book.
• Iskandar Puteri, Mount Austin and Tebrau: areas with both completed homes and new launches.

More Johor living guides: Late vacant possession and LAD · Latent defects after the DLP · Strata Management Tribunal in Johor · The SPA explained

Frequently asked questions

How much can I claim at the Tribunal for Homebuyer Claims?

Up to RM50,000 per claim under section 16M of the Housing Development (Control and Licensing) Act 1966. The Federal Court held in 2023 that separate claims on different matters for the same house can each go up to that limit, but one claim cannot be split to fit.

How much does it cost to file a homebuyer claim?

The filing fee for Form 1 is RM10, according to KPKT’s FAQ. Lawyers are generally not allowed at the hearing, so the main other costs are repair quotations, copies and travel.

What is the deadline to file a claim against a developer?

Generally within 12 months of the CCC date for non-technical claims such as LAD, within 12 months after the defect liability period ends for defect claims, or within 12 months of the SPA’s termination if it ended before the CCC.

Can I bring a lawyer to the homebuyer tribunal?

Generally no. Section 16U allows a lawyer only if the tribunal finds the case involves complex legal issues and a party would suffer severe financial hardship without one.

What happens if the developer does not pay the award?

The award is deemed an order of a Magistrates’ or Sessions Court and can be enforced through the courts. Failing to comply is also an offence under section 16AD, with a fine of RM10,000 to RM50,000, up to two years’ prison, or both. Report non-compliance to KPKT.

Can I claim at the tribunal if my housing project is abandoned?

No. KPKT’s FAQ lists abandoned projects as outside the tribunal’s jurisdiction. Affected buyers deal with KPKT’s rehabilitation process, the courts or the liquidator.

Preparing a claim against a developer?

Send me the project name and a short note of what happened. I will help you pull together the booking, SPA, vacant possession and CCC dates and organise your defect records so you or your lawyer can decide the right route. I am a property agent, not a lawyer, and I do not represent anyone at the tribunal. You can also book an appointment, or a Zoom consultation if you are abroad.

Sources: Housing Developers (Control and Licensing) (Amendment) Act 2002 (Act A1142), which added the tribunal provisions, as published by the National House Buyers Association; KPKT, Soalan Lazim Tribunal Tuntutan Pembeli Rumah (jurisdiction, RM50,000 limit, RM10 fee, forms, time limits, LAD formula), updated 20 January 2023, checked November 2026; KPKT, Tribunal Tuntutan Pembeli Rumah page (forms, case and hearing status), checked November 2026; KPKT, Mengenai Tribunal Perumahan dan Pengurusan Strata (zone offices), updated 13 August 2025; Housing Development (Control and Licensing) Act 1966 (Act 118), sections 16M, 16N, 16Q, 16T, 16U, 16X, 16Y, 16AC and 16AD, text as amended by Act A1415, checked November 2026; FMT, “House buyers can split claims to stay within tribunal’s RM50,000 limit, says apex court”, 17 March 2023; Borneo Post, “Federal Court rules LAD payable to house buyers to be calculated from date of booking fee payment”, 19 January 2021; Berita RTM, on the e-TPS system for digital tribunal filing, 23 October 2025; Bernama, “Hakikat dihadapi pembeli rumah: indah di brosur, perit dalam realiti”, 31 July 2026; Strata Management Act 2013 (Act 757), section 105, checked November 2026; KPKT, Soalan Lazim Tribunal Pengurusan Strata, updated 9 July 2025

Jason Lim, REN 84424, IQI Realty Sdn. Bhd. E (1) 1584/6. General information checked on 13 November 2026, not legal advice. I am not a lawyer and do not represent parties at the tribunal. Rules, forms and filing channels change; confirm your claim with the Tribunal for Homebuyer Claims (KPKT) or a lawyer before you file.