I would like to share what I know so far, as I have read my SPA.

First of all, this property does not fall under HDA because its commercial title hence, SPA does not follow HDA requirement. Basically means developer can draft the SPA the way they want to. In this case, the SPA is really loop-sided... I admit I did not read properly before I signed. Lesson learned.

The SPA has clearly stated the VP can be issued after CPC (certificate of practical completion) is out. CPC is issued by architect that says the building is completed. Basically to say the architect is verifying that the contractor has built the building according to Building Plan. CCC on the other hand, is the replacement of CFO which means the house is now fit to stay (i.e. all the relevant authority, TNB, Syabas, Architect..... says its DONE). Only standard SPA under HDA states CCC as requirement for VP. This is not under HDA.

But again, since the Architect of this project has issued CPC, developer has all the rights to VP but of course they are putting the reputation in jeopardy. Rightfully, I should be delivered a house that is fit to stay. And it seems some projects has VPed since September 2015 but the project has yet to obtain CCC. So, you cant do much besides wait and burn your wallet every month. I'm equivalently worried to as mine was VPed in January. Developer mentioned verbally CCC is expected for my block (Block D EC) 6 months after VP.

Looking at solely the SPA, Developer has done nothing wrong legally. As an owner, what I can do now is to hammer them with defects. Make their life difficult.

In the meantime, I'll source legal action if can once I have had a look at my unit and seek for more advice around.

What i mention above, i stand corrected.

I'm not knowledgeable on how this can go about, i'm just sharing what i knew, please feel free to add constructive ideas/opinions.

I'm not familiar with the CPC requirement. Logically it should follow the Building Plan as well as Schedule 4 of the SPA (Building Specification). Any architects or Building Engineer here?

What I understand so far is, since CPC is issued hence VP is allowed. But whether CPC is correctly issued or not, that is a separate case. And yes, I'm planning to write the LAM and PAM once I've seen my unit in 2 weeks time.

Another loop sided clause - VP is to deliver withing 42 months from (the later of) Building Plan approval date or SPA date. In this case, Building Plan is approved about 1 year after SPA signed. So we lost 12 months of LAD claim.

Yes, you are right, DLP is 6 months from VP. In which is worrying for me because electrical and water can't be tested, normally TNB and Syabas meter comes in the last nearing/shortly after CCC. And CCC is targeted 6 months after VP.

Under HDA SPA, it does state you have the right to hold the retention sum if the defects are not completed within 30 days and after 14 days notice given to developer.

But not this SPA. It was silent. solely mentioned that defects are to be completed within 30 days. That's it.

Which is why I'll be doing my defects very soon. If there's no door, i will write no door. DLP 6 months from VP is written in my SPA. I'm not sure if all blocks sold have the same clause.

It does not matter when you obtained the CCC when comes to DLP. Based on the SPA alone, you have to lodge in the defects in writing within 6 months from VP.

So far, I've not gotten much information on what I can do if defects not completed within 30 days. Shall update once the issue arises.

I can't agree more. But there are some big developers who has similar CPC to VP clause in their commercial project ( which is not under HDA) i.e. shoplot. Of course cuz they are reputable, more often than not they will not exercise such clause jeopardizing their name and image. As a consumer, we just have to be more cautious, read through the SPA, find out about the developer and all.

And the past 5 years I have never bothered to look into the progress and all.

Well, lesson learned the hard way i guess, for myself.