Hi guys,

Can lead me on how to make a claim from developer if the Condo build up area is smaller?


Measurement:
1) Own measurement is not valid? Have to hire an certified company with architect? What is the current market rate for 1100 sf?

Procedure:
2) inform developer 1st? file a case to tribunal? lawyer is not needed?

Thanks.

What is the different between your measurement and developer?

did you sign a Schedule H agreement with the developer?

if yes, then the remedy is in there.

for Schedule H agreement, developer is allowed 2% variance

means if area in SPA is 100 sqm, they are allowed a margin error of 2% = 2 sqm. means if they give you 98.5 sqm, it's still within the margin of error, developer not liable to refund any money to you.

you'll only get to make your claim upon issuance of strata title if the margin of error is more than 2%

Thanks guys..
Yes I did signed and understand the 2% thing. I did not measure the wall thickness but is 10% lesser. I wonder I did some mistake or not .
What's the 1st step?
Hire a architect? Talk to developer? File to tribunal? Is it claim from the tribunal? Thanks

You have to measure according to the layout plan as per your snp.

As some of the layout is not exactly rectangle or square, you have first to subdivide all areas in rectangles or squares.

Measurement is middle of wall to middle of wall and NOT wall to wall. You have to estimate the thickness of wall. Therefore a 22 x 75 house on paper is about 21.X x 75 on site.

If your total is more than the allowable deviation, then you or your snp lawyer write to the developer. Wait for their reply.

A qualified person to do measurement is a QS.

If this is Schedule H,

1) Did you receive your title for the parcel? Look at the area mentioned in the title against your SPA area. Please take note in strata title the area always in sqm without decimal point whereby some developer still using sqft in their SPA. So direct convert ur sqm in title to sqft to compare. Normally due to round off issue, u may have extra or reduce in area.

2) If you find out that the variance is more than 2%, then the developer shall pay u the diff according to the threshold variance /sqft stated in your SPA

3) Alternative, you can engage a licensed surveyor to make a survey on your unit to compare the result in your strata title.

Ok. Thanks guys