Please also take note that you shall deemed to have taken possession of the property (whether or not you actually have possession of the same) upon expiry of fourteen (14) days from the date hereof where after we shall not be liable for damages and losses to the property and/or to the fixtures and fitting therein.

Hello Everyone,
I am a new house owner here, first time buyer for a condo unit

I just receive my Vacant Possession (VP)
As i understand,
Vacant Possession (VP) =  condition of property where it is fully completed but not fit to be occupied.

As i check my unit,
1) the power and water is not in yet, Could i complaint on this ?
2) The defects of the units, i have written an email complete with pictures, they have yet to reply me on this but i have called their office, they inform they will complete by 30 days.
3) After receive VP, when could we really occupied the purchase unit ?

thanks guys !

Hello everyone. I finally received the letter of Delivery of Vacant Posession dated 12 November 2015 from my developer. This is my first property so I have a few questions regarding VP.

1. It states VP date is 2 November 2015 and Defect Liability Period ends 1 November 2017. Can developer states VP date 2 November 2015 when they only sent the letter dated 12 November 2015?  Yes they can.

2. 10 November 2015 I went to have a look at the house. Of course, only from the outside. I could see marks they made to fix the imperfections in the house which still have not been fixed. Can they issue VP when the house still require fixing/repairs from developer? Yes they can if the architect signed off that the house is completed.

3. There is this clause in the VP letter:

Does this mean that 14 days after 12 November 2015, the developer are not liable for any defects, damages and missing fixtures and fittings? No. What  it means is they consider that you already take possession  even though  you don't go and take key from them within 14 days . Developer still liable for defect recticication.

4. The remainder owed to the developer is 20%. The last 5% is forwarded to the developer's solicitor. Will the last 5% will be paid automatically to the developer after 8 months and 24 months of VP as per the SNP? Let's say the developer doesn't perform all the defect liability, there is no stopping the last 5% payment? The witholding sum will be automatically paid to developer if you do not write to the solicitor to stop payment. Make sure you write to the solictor that is in charge of witholdhing sum as the developer may use a few different solictor for S&P.  You may refer to the thread here for more information on this matter  https://forum.lowyat.net/topic/423171

5. Developer has apparently paid deposit for water and electric which they are asking us to pay before VP. Will I get a receipt from Syabas and TNB for the deposit? Also the deposit for TNB is RM1,210. Is this normal?  Yes normal, developer will pass the deposit receipt to you when you go and collect the keys.


Thanks in advance.

Hello Everyone,
I am a new house owner here, first time buyer for a condo unit

I just receive my Vacant Possession (VP)
As i understand,
Vacant Possession (VP) =  condition of property where it is fully completed but not fit to be occupied.

As i check my unit,
1) the power and water is not in yet, Could i complaint on this ? What an irresponsible developer, I am afraid you have no choice but wait, normally power /water will come in 2 to 3 months after the developer apply to the utility companies.

2) The defects of the units, i have written an email complete with pictures, they have yet to reply me on this but i have called their office, they inform they will complete by 30 days. Normally you will get a defect form to lodge the report and you get back a copy  after they acknowledge receipt . The developer sometimes takes more than 30 days to  rectify the defect so you have to go and buat bising a bit then they will speed things up.


3) After receive VP, when could we really occupied the purchase unit ? If you are in a hurry and want to renovate  the property, maybe you can ask the renovator to cover some of the defects so you can move in faster. However some of the items once renovated, the developer can discontinue the warranty.  For example if you renovate and scratch the floor , developer have the right not to redo the floor for you. 

thanks guys !