A Practical Guide to Filing a Claim at the Homebuyer’s Tribunal

How to file a Claim  

To file a complaint, homebuyers can do so at any of the Tribunal offices. The forms are available over the office counter or downloadable at the official website. Unfortunately, the filing must be done physically or by post as there is yet to exist an e-filing system in place.

Step 1: Homebuyer files Borang 1 & Borang Butiran 

1. Fill up four original copies of Borang 1. One copy would be kept by the Tribunal, one copy to be kept for oneself, one for the financier bank, and the last copy to be served to the Developer with an acknowledgement of receipt. Service can be done by hand or by post.
2. One copy of Borang Butiran TTPR. 
3. Attach any other relevant documents (refer to Senarai Semak TTPR): 

• • copy of the sale and purchase agreement (SPA)
  • copy of the acceptance of vacant possession
  • copy of the certificate of completion and compliance (CCC)

• • list of technical claims
  • coloured photographs of the defects 

Filing at the Tribunal can be done two ways: 

1. 1. 1. Filing at the office counter at any of the Tribunal offices. 
      2. Filing by post where the fee can be paid by money order, bank draft or money order under the name of the ‘Ketua Setiausaha Kementerian Perumahan dan Kerajaan Tempatan’. 

*Do note that TTPR does not accept private cheques or cash by post.

Service of documents to the Developer can be three ways: 

1. 1. 1. Leaving the Borang 1 at their office with a photograph proof. 
      2. Handing the Borang 1 to an officer with a signature/stamp acknowledging receipt of the document.
      3. Posting the Borang 1 using registered post and keeping the proof of receipt. 

Step 2: Developer files Borang 2

The developer may raise any defence as well as any counter-claims against the homebuyer within 14 days where a copy must be served to the homebuyer. 

Step 3: Homebuyer files Borang 3 

The homebuyer may raise a defence against the developer’s counterclaim. 

Step 4: Both parties attend the hearing

The Secretary of the Tribunal will issue a notice in Borang 4 to both parties indicating the day, time and place of the hearing.

Step 5: A Tribunal Award is given 

The decision of the Tribunal is to be final and binding as if it were a court order. There is no appeal process to the civil court, save for exceptional situations allowing judicial review on the grounds of irregularity. Other than that, a party who was absent from the hearing or who has failed to submit defence for a proper reason can also apply to set aside the award in Borang 12 within 30 days.

Time limitation 

Claims must be made within 12 months from:

1. Date of issuance of the certificate of completion and compliance (CCC) of the property or facilities,  
2. The expiry of the defects liability period in the sales and purchase agreement (SPA),
3. Date of termination of the SPA if the agreement was terminated before the issuance of the CCC.

After the period is over, homebuyers may initiate their claims in court instead. Court claims are limited by 6 years from the date of the breach of contract or negligent act. 

Negotiations for Settlement 

In allowing negotiations, the Tribunal will have regard to factors that may impair the ability of either party to negotiate fairly. 

If negotiations are successful, the Tribunal will approve and record the agreed settlement and it will take effect as if it were an award given by the Tribunal.

If parties are unable to reach a settlement, the Tribunal will proceed to determine the matter.

Hearings 

Parties are not allowed to be represented by an advocate or solicitor unless complex issues of law are involved. Where one party is allowed legal representation, then the other party shall also be entitled. All hearings are open to the public. 

A Tribunal can also proceed with the hearing in the absence of a party where notice of the hearing has been duly served on the absent party.

Parties will have the opportunity to present all evidence gathered, oral or written, including witnesses, documents, expert evidence etc. 

Bring along your IC, relevant documents as well as proof that the documents have been served to the Developer, such as receipt of registered post.

Powers of the Tribunal  

So what can the Tribunal do for you? The Tribunal has powers to grant: 

1. Money to be paid;
2. Refund of the price or other consideration;
3. Compliance with SPA;
4. Monetary compensation for any loss or damage suffered;
5. Contract to be varied or set aside;
6. Costs of proceedings;
7. Interest not exceeding 8% per year for any monetary award; and
8. Dismissal of the claim.

Claims for damages are wide enough to cover consequential losses, physical or economic and any sort of harm done to the property. For example, a homebuyer who is prevented from moving into a house due to defects and is forced to rent another place, for the time being, can claim for such rentals.

Enforcement of Award 

What can one do if a party refuses to comply with the award? Firstly, one can send 3 copies of the ‘Notis Ingkar Award’ and 5 copies of the ‘Award’ to the Tribunal. Subsequently, the Tribunal would send a copy to the Magistrate’s court to be recorded. As a result, one can then pursue both civil or criminal actions against the other party through the ordinary court procedure. 

Failure to comply with an award is an offence punishable with a fine not less than RM10,000 and not more than RM50,0000 or imprisonment not exceeding two years, or both.