
The developer’s notice to take vacant possession is where collecting your keys begins. From that point the defect liability period, service charges, quit rent and assessment, and the release of the lawyer’s retention all start to run. Doing these things in order saves a lot of trouble later.
In one line: when the notice arrives, settle the instalments due at vacant possession; on key day, inspect the unit item by item against the Fourth Schedule and photograph everything; within 30 days, pay the meter deposits and the service charge deposit and advance; and note the date you collect the keys, because the 24-month defect period and the lawyer’s releases at 8 and 24 months all run from it.
Under the agreement, the developer may only hand over when these conditions are met (Schedule G clause 26, Schedule H clause 27):
Stage 3 (17.5%), Stage 4 (2.5%) and Stage 5 (5%, held by the developer’s lawyer) fall due at vacant possession. If you have a loan, the bank releases them against the developer’s notice. Our SPA guide sets out every stage.
Two things worth knowing:
The yardstick is the Fourth Schedule (building description) of the agreement: the structure, walls, roof, doors, windows, floors, sanitary fittings and electrical installation the developer committed to. Anything built differently, or any defect in workmanship or materials, falls within the defect liability period.
| Fourth Schedule item | What you can check on the day |
|---|---|
| Structure, walls, ceiling | Cracks, water stains, uneven plaster |
| Doors, windows, ironmongery | Open and close each one, test the locks, check the glass |
| Wall and floor finishes | Scratches and colour differences; tap the tiles and listen for hollow spots |
| Sanitary fittings and plumbing | Run every tap, flush the toilets, watch the drainage and look for leaks |
| Electrical installation | Try every switch and socket |
| Internal telecommunication cabling | Check the points are installed as the agreement describes |
Photograph every problem and note where it is. Then give written notice to the developer under the defect liability procedure, with a copy to the developer’s lawyer. Our guide to the defect liability period covers how to write the notice and what to do if the developer does not repair within 30 days.
Stage 4’s 2.5% is tied to the title. Once a strata title is registered in your name, the developer must hand over the original within 30 days (Schedule H clause 28(3)). After that, an official land search confirms you are the registered owner.
| When | What happens |
|---|---|
| Key day | The defect liability period starts; service charges, quit rent and assessment become yours |
| Within 30 days | Pay the meter deposits; open TNB and water accounts |
| Month 8 | The lawyer may release the first 2.5% of the retention; give written notice of any defects found so far, with a copy to the lawyer, before this |
| Within 12 months of the first purchaser in the project collecting keys | Strata projects: the developer must convene the first annual general meeting of the joint management body (Strata Management Act 2013, ss.17 and 18) |
| Month 24 | The defect liability period ends; the lawyer may release the second 2.5% |
Received your notice of vacant possession and not sure what is due, what to inspect or what to arrange in the first 30 days? Send me the notice and your agreement and I’ll go through it with you item by item.
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The above reflects the statutory form of agreement and published government guidance; the inspection checks are general practice. The agreement you sign governs. Last verified: 12 October 2026.
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