Defects After Handover: Who Pays?

Is the developer liable for cracks after handover?

Usually only as far as your contract says, and sometimes more. We checked the Building Control Act, 2013 and the other sources listed below, and found no provision that gives a home buyer a set number of months in which the developer must repair defects. That is why the defect liability period is a term you negotiate and write down. This is general information as of November 2026, not legal advice, and an advocate should read your own agreement.

Three routes can give you a claim:

• The contract. A clause that says the developer will repair defects notified within a stated period after handover. This is the strongest route because it is specific.
• Breach of contract more generally. If the unit is not what you agreed to buy, for example a different specification or a missing feature, you may have a claim for breach whatever the defect liability clause says. Section 3(1)(a) of the Limitation Act, Cap 290 says actions founded on contract shall not be brought after six years from the date the cause of action arose. Do not wait out the clock.
• The regulator. For serious safety faults the planning authority has powers. Section 41 of the Building Control Act, 2013 lets a Building Committee order the owner of a building that is in disrepair or dilapidated to demolish it or take remedial action. Section 41(2) lets it order the holder of the permit to stop a building or earthwork from being dangerous to life or property. A cracked beam or an unsafe balcony is a matter for the committee as well as for the developer.

If the developer was also the builder, your contract may be with the same company. If the builder is a separate contractor, your claim is likely to lie against the developer who sold to you, because that is who you contracted with. Ask your advocate to confirm this for your contract.

How long is a defect liability period?

There is no Ugandan statutory length that we could find. In practice the period is whatever the seller will agree to, and it is often set in months. Treat these as negotiating points before you sign, because after handover your leverage falls:

• Ask for a long period. Twelve months covers a full rainy and dry cycle, so roof, drainage and damp problems show up. Settle on a period in months and write the start date as the date of handover.
• Separate the types of defect. Ask for a longer period for structural defects than for finishes such as paint and tiles.
• Say who fixes what, and how fast. A clause that says the developer will "attend within seven days and complete within thirty" gives you a standard to enforce.
• Cover common areas. In an apartment building the roof, drains, stairs and lift are shared. Ask who is responsible for them during the period, the developer or the owners together, and make sure the agreement says so.

The period starts at handover, not at the date you paid. If the building is handed over before the occupation permit is issued, ask why. Section 44(3) of the Act makes it an offence to occupy a building before a permit is issued, and the permit is the first official proof the building matches its approved plans.

What is retention, and can it protect me?

Retention is money held back until a defect period ends. In building contracts the owner holds back part of each payment to the contractor, and releases it when the contractor has fixed defects notified during the period. That is a general building-industry practice, not a Ugandan statute, and whether it applies to your purchase depends entirely on your agreement.

For a home buyer, the same idea works through your payment schedule. Some of our listings show developers selling on instalment plans. For example, a Naguru condominium listing on 3 November 2026 asked for a 50% deposit with the balance within six months (Land & Property listings, Nov 2026). When you hold the last payment until after handover, you have leverage over defects, and when you have paid in full, you do not. So ask for:

• A final instalment due only after handover, the snag list and the occupation permit.
• A written right to withhold a stated amount until agreed defects are fixed. The snag list guide explains how to word it.
• A clause that says what happens if the developer does not repair in time, for example that you may appoint a contractor and deduct the cost.

If you are buying with a mortgage, the bank may release funds to the developer at stages and may not allow you to hold anything back. Raise this with the bank early. See buying a house with a mortgage.

What is the claims process?

Follow a step order. Each step builds the record that you will need if the dispute reaches a lawyer or a court.

1. Stop and document. Photograph and video each defect with a date. Add a ruler or coin for scale for cracks. Note the day you first saw it and what the weather was.
2. Check the contract. Is the defect inside the defect liability period? What notice does the contract require, in writing, to what address or email?
3. Give written notice. Send a clear list of the defects, with photographs, to the address the contract names, and keep proof of delivery. A WhatsApp message alone may not meet a contract's notice clause, so send it in writing as well.
4. Allow reasonable time. State a date by which you expect an inspection and a repair plan.
5. Get an independent opinion. For structural, damp or water faults, hire a registered engineer for a written report. The cause matters: poor workmanship, wrong materials or misuse by you.
6. Escalate. Have an advocate send a demand letter. If the building is unsafe, also notify the planning authority, which has powers under section 41 of the Building Control Act.
7. Settle or sue before the limit. Mediation or negotiation often settles repairs faster than a court. Keep the six-year limit in mind.

If your complaint is about a title that never arrived, not a physical fault, read what to do if your apartment title is not delivered.

What evidence should I keep?

Evidence is the difference between a claim and an argument. Collect these before you move in, if you can, and keep them after:

KCCA's FAQ says that during construction a site should hold the job card, a copy of the approved plan, construction tests, progress reports from the supervising architect and engineer, and an instruction book. If you can obtain copies of those records from the developer, they help show how the building was built. KCCA and the Architects Registration Board have also said unqualified people posing as architects and engineers, and poor workmanship, have been linked to building collapses in Kampala (Nile Post via AllAfrica, 19 May 2026), which is one reason to check who designed and supervised your building.

What are the common defects, and who pays?

This table is a starting point for discussion with your developer. It is not a legal rule. Who pays depends on the contract, the cause and the date.

Wear and tear, damage you caused and lack of maintenance are normally not the developer's responsibility. If you are not sure, an independent engineer can tell the two apart.

How can I avoid this before I buy?

Prevention is cheaper. Check the building and the paperwork before you pay the last instalment: the legal checks, the new apartment developments and the developer's track record. Compare units with houses in apartment or house in Kampala, which sets out the trade-offs. If you plan to resell later, a clean defect history helps, and the guide on how to sell your house or apartment shows what buyers ask for. For the value side, see property valuation. To view finished units with someone who checks the documents beforehand, book an escorted site visit, and browse apartment listings first.

Frequently asked questions

Related guides

• Handover Snag List for New Homes
• Developer Has Not Delivered Your Unit Title? Steps
• New Apartment Developments in Kampala, 2026
• Legal Checks Before Buying a House
• Apartment or House in Kampala: Which Is the Better Buy?
• How to Sell Your House or Apartment in Uganda