What the period is
The defects-liability period is the time after handover during which the developer is obliged to fix defects in the property at its own cost. It is not a guarantee that nothing will go wrong; it is a window in which things that do go wrong are the developer’s problem rather than yours.
Where the period comes from
In practice, your sale and purchase agreement is the document that sets out the period, what it covers and how to make a claim, so read that first. For villas, contractual periods of around one year for general defects are common, sometimes with longer cover for structure.
Thai law also sets minimums in some cases. For condominiums, the Condominium Act is generally understood to make the developer responsible for structural defects for five years and for other components for two years. How the law applies to your purchase, and when the period starts, depends on your contract and circumstances — have a Thai property lawyer confirm both.
What usually counts as a defect
Broadly: workmanship or materials that fall short of the contract and specification, and installations that fail through no fault of the owner. Typical examples are leaks, hollow or cracking tiles, failed waterproofing, faulty electrics and AC installations that do not drain.
What usually does not count: damage caused by the owner or tenants, normal wear, and routine maintenance items such as re-sealing silicone joints, pool water chemistry or servicing air conditioning. Expect a developer to argue that borderline items are maintenance — which is why a dated record of the condition at handover matters.
Why the period runs out faster than it seems
Many Phuket defects only show themselves under conditions that may not occur for months. A villa handed over in the dry season may not see a serious monsoon storm until well into its first year. A condensate pipe laid without fall can take a year to stain a ceiling. By the time the problem is visible, a one-year period can be nearly over.
How to use it properly
- Start with a documented baseline: an independent report at handover proves what was checked and found sound on the day
- Log every new defect as it appears, with the date, a photograph and its location
- Notify the developer in writing each time, and keep the acknowledgement
- Book a re-inspection a month or two before the period ends, so anything that has developed is reported while it is still the developer’s responsibility
A note on advice
This guide explains how defects-liability periods work in practice; it is not legal advice. Our part is the evidence: the handover report and the end-of-period re-inspection, both independent and dated. See our fees, including re-inspections, or read what to do if the developer won’t act.