Why cutting corners can create bigger problems – and what developers should do to honour warranty obligations
Waterproofing is one of the most critical yet often misunderstood elements of construction. For developers in Malaysia whether residential high-rise, landed homes or mixed-use projects – managing waterproofing warranty claims properly is essential not just for compliance with the law, but for customer trust, long-term building performance, and risk mitigation.
In this article, we explore why waterproofing warranty claims become contentious, what developers and owners must know about warranty obligations (including Defect Liability Periods and latent defects), and how poor responses can damage reputation and cost far more in the long run.
The Real Issue: Waterproofing Failures and Developer Responses
On certain forums, homeowners frequently share experiences about waterproofing failures in newly delivered properties. Many describe cases where waterproofing repairs were attempted during the warranty period – only to see leaks return once the warranty expires. One owner reported that despite developer arranged waterproofing including hacking tiles and applying a black waterproofing layer, the leak reappeared after the developer’s warranty ended.
Other comments illustrate residents’ frustrations with temporary fixes, inconsistent workmanship, and tactics like pushing cheap sealers or surface coatings that only last a few months.
This aligns with greater patterns in the construction industry – where developers sometimes use lowest-cost contractors or quick fixes to satisfy warranty timeframe requirements, rather than effective long-term solutions.
Understanding Warranty Obligations in Malaysia Defect Liability Period (DLP)
In Malaysia, most housing projects come with a Defect Liability Period (DLP) under the Housing Development Act (HDA), typically 24 months from the date of vacant possession. During this time, the developer must rectify defects at their own cost, including waterproofing issues caused by workmanship or poor materials.
However, many homeowners don’t fully understand their rights, or the procedures required to lodge effective claims — and developers don’t always proactively educate buyers about this. This can lead to disputes over what should be covered.
Latent Defects
Beyond the DLP, Malaysian law allows action on latent defects – defects that may not manifest immediately, especially in complex systems like waterproofing. A latent defect claim can be filed within three years after the defect is first discovered, even if it was present much earlier.
But many developers do not communicate this adequately, and buyers often assume that once the DLP ends, all responsibility ends — which is not always legally correct.
Common Pitfalls in Handling Waterproofing Warranty Claims
1. Temporary Fixes Instead of Permanent Solutions
Forums show that some contractors — whether hired by developers or by management — resort to quick surface coatings, epoxy seals, or partial patching that temporarily stops leaks but doesn’t address root causes.
2. Warranty Claims That Don’t Cover Related Works
Even when waterproofing work is technically covered under warranty, developers may argue that associated civil work (e.g., hacking tiles, replacing concrete) is outside warranty scope — forcing homeowners to pay separately. This argument appears in international discussions where the builder accepted waterproofing work but refused related associated repairs.
3. Failure to Advise Owners of Process and Deadlines
Miscommunication or lack of transparent warranty instructions can cause buyers to miss critical deadlines for lodging claims — effectively voiding coverage. This is why documenting issues, reporting them in writing, and following formal procedures is essential.
What Developers Must Do To Avoid Warranty Disputes
Provide Clear Warranty Documentation
Developers should supply easily understood warranty terms at handover, including what constitutes a defect, how to report it, deadlines, and escalation channels.
Use Qualified Waterproofing Systems and Contractors
Waterproofing is not simply “water-repellent paint.” It requires systems tailored to specific areas — bathrooms, balconies, rooftops, planter boxes, etc. Use reputable products and contractors with proven track records.
Ensure Follow-Up and Verification
Once a claim is lodged, developers should supervise contractors and verify repairs through third-party inspection if needed. A clear handover record and quality assurance checklist can help avoid repeated failures.
Educate Buyers on Their Rights
Buyers shouldn’t be left to figure out warranty terms on their own. Proactive communication — including reminders of DLP timelines and latent defect rights — improves trust and reduces complaints.
The Long-Term Value of Doing Warranty Right
While it may be tempting to minimise short-term costs by using lower-grade waterproofing solutions or neglecting proper documentation, this almost always leads to higher long-term costs, reputational damage, and dissatisfied customers.
By ensuring transparent, thorough, and quality-oriented waterproofing warranties, developers can reduce avoidable disputes, improve market credibility, and protect property values.