Your legal rights to sue the developer late delivery of vacant possession – General
For residential accommodations (i.e apartments or landed properties), the Sale & Purchase Agreement generally follows a standard format of agreements determined in the Housing Developers Act.
There are always a provision contained in the Sale Agreement stating the period of time in which the Developer is supposed to deliver vacant possession to the said house. Normally it is 24 or 36 months depending on the contents of the agreements from the date of execution of the sale agreement.
There are also a provision stating the delivery of vacant possession of the common property within the same period of 24 and 36 months running from the date of execution of the sale agreement.
Whenever there is a delay on the part of the developer, the purchase has the right to enforce a payment of 10% per annum on the purchase price (calculated daily) and 10% per annum on the last 20% of the purchase price for infrastructure works.
The success rate thus far against developers in relation to this claim has been rather favorable.
It is important to note that the purchaser can sometimes claim the late delivery from the date of payment of the booking fee to the developer. This has decided in previous High Court cases.
