Complaints from Owners of DBSS Flats about Recurrent Defects or Discoloured Floorings
Ministry of National DevelopmentSpeakers
Summary
This question concerns complaints from Design, Build and Sell Scheme (DBSS) owners regarding recurrent defects, such as discoloured flooring, and the assistance available after the defects liability period (DLP). Dr Lily Neo inquired about government help in resolving disputes with developers, to which Minister for National Development Lawrence Wong responded that developers are contractually bound by Sale and Purchase Agreements to rectify defects within one year. Minister for National Development Lawrence Wong explained that while HDB is not a party to these agreements, it facilitates resolutions by surfacing feedback and urging developers to address issues. He clarified that owners are responsible for maintenance after the DLP and should seek legal advice if disagreements over defect rectifications persist. This framework underscores that while HDB mediates, the primary legal recourse for owners remains within the private contract.
Transcript
48 Dr Lily Neo asked the Minister for National Development (a) whether there are ongoing complaints from owners of apartments in DBSS projects about fixture defects such as recurrent discoloured flooring; and (b) what help will the Ministry give to such apartment owners in resolving the issues with the DBSS developer after the defects liability period.
Mr Lawrence Wong: The Design, Build and Sell Scheme (DBSS) was introduced in 2005 to give flat buyers more choice by allowing private developers to design, build and sell flats directly to buyers. While HDB sets the eligibility requirements for purchase and provides broad planning parameters, the DBSS developer is responsible for the design, pricing and construction of the flat.
Under the Sale and Purchase (S&P) Agreement signed between home buyers and the DBSS developer, the developer is contractually required to build the unit in accordance with the materials, finishes, and other specifications set out in the Agreement. The Agreement also stipulates that the developer must rectify any defects within the one-year Defects Liability Period (DLP). Flat owners are responsible for the maintenance of their flats after the DLP.
From time to time, HDB is made aware of concerns from some DBSS flat owners about the quality of the fixtures in their flats. In such cases, although HDB is not a party to the S&P Agreement between the developer and the buyer, HDB actively seeks to facilitate a fair and satisfactory outcome. For instance, if HDB receives feedback from DBSS flat owners on new or recurrent defects, whether during or after the DLP, HDB will surface the issues raised to the developer and urge the developer to address the issues with the owners. These issues may be complicated due to differences in views on what constitutes a defect. Should disagreements persist, HDB will advise flat owners to seek independent legal advice on their possible options for recourse under the S&P Agreement.