My house was 75% under construction. When i look up (a couple of times) when after rain, my house leaking beside the stairs since 45% (maybe). I felt that my house not safe for stay. Today after rain also the same, i can only see it after i climbed the fence (already lock). I need your advice, can i sue them or can get another new house?
Thank you so much
Based on the information furnished, we gather that your sale and purchase agreement (“SPA”) (of residential landed property) shall adopt Schedule G or I of HOUSING DEVELOPMENT (CONTROL AND LICENSING) REGULATIONS 1989.
Pursuant to the SPA, upon completion of the house, Developer shall deliver vacant possession (and keys) to you together with a certificate of completion and compliance certifying that the house has been duly constructed and completed and it is safe and fit for occupation. Further, you are entitled to request the Developer to make good any defect, ie. water leaking and broken divider, or any other faults due to defective workmanship or materials of the house within 24 calendar months after you take vacant possession of the house. However, you are not entitled to be “given another new house under the SPA.
As of now, pending completion of house, you do not have any cause of action against the Developer pertaining to the condition of the house. If you are not confident with the construction works and/or materials used for the house, you may engage an expert to conduct a throughout inspection upon taking possession of the house.
Meanwhile, please be reminded that you are not entitled to enter into the house, until possession of the house is handed over by the Developer to you. You may be sued for trespassing for entry without authority.