Home Buyers · After Possession🛠️ Updated 10 Nov 2026 · ⏱ 10 min read
Builder Defect Liability Under RERA 5 Years to Report, 30 Days to Fix
Damp walls in the first monsoon, a cracked beam, a terrace that leaks into the top floor: the builder's job doesn't end at handover. Here is what Section 14(3) covers, what Authorities have ordered, and the exact steps to claim.
Quick Answer
Under Section 14(3) of the RERA Act, any structural defect or defect in workmanship, quality or services that you report within 5 years of possession must be fixed by the builder free of charge within 30 days. If it isn't, complain to your state RERA Authority and claim compensation. Seepage and leakage are covered, not just cracks.
At a Glance
Law:RERA Act, Section 14(3)
Period:5 years from possession
Builder must fix within:30 days of your notice
Cost to you:Nil
If not fixed:Complaint (Sec 31) + compensation
Covers:Structure, workmanship, quality, services
What Section 14(3) Says
"In case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter's failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act."
Real Estate (Regulation and Development) Act 2016, Section 14(3) Confirmed
Read it closely and four protections stand out: it covers far more than structure; the clock is five years from handing over possession; the repair is at no cost to you; and the builder has 30 days, after which compensation follows.
What's Covered, and What Usually Isn't
Usually covered
✓ Cracks in beams, columns, slabs, walls
✓ Seepage, dampness, leakage, failed waterproofing
✓ Hollow or lifting tiles, uneven floors
✓ Plumbing and drainage faults
✓ Faulty electrical wiring
✓ Doors and windows that don't close or leak
✓ Specifications not as per the agreement
✓ Common areas: terrace, basement, lifts, STP, fire systems
Usually not covered
✗ Damage from your own alterations (breaking walls, moving bathrooms)
✗ Misuse or poor upkeep
✗ Normal wear and tear (paint fading, consumables)
✗ Items you or your contractor installed
✗ Defects first reported after 5 years
The builder has to show a defect falls in this list; it can't just say so.
What RERA Authorities Have Ordered
MahaRERA (March 2026) Reported
Directed a Borivali developer to fix structural defects in two flats within 30 days, after the builder failed to substantiate its claim about the cause.
MahaRERA (2025, Godrej 24, Hinjawadi) Reported
Ordered the promoter to permanently fix seepage and structural defects, treating surface-level repairs as not enough to comply.
MahaRERA (June 2025, Cosmopolis CHS v Cosmos Homes) Reported
Allowed a housing society's complaint and directed the builder to rectify structural defects identified in an audit, warning of penalties under Section 63.
Karnataka RERA Reported
Directed a Bengaluru developer to repair water seepage in a flat under the five-year defect liability clause.
Telangana RERA Reported
Ordered repairs to basement and pool seepage and STP defects in one project, and comprehensive terrace waterproofing in another.
Chhattisgarh RERA (2026) Reported
Held that persistent seepage and leakage amounted to defects under Section 14(3) and that a completion certificate does not end the builder's liability.
As reported by LiveLaw, the Free Press Journal, The Realty Today and others. Each order turned on its own facts and evidence.
How to Claim, Step by Step
1
Record the defect
Photos and short videos with the date visible; note when you first noticed it. For seepage, photograph after rain and again after a dry spell.
2
Notify the builder in writing
Email the builder's customer-care and registered email addresses. Cite Section 14(3), list each defect with photos, give your unit and possession date, and ask for repair within 30 days.
3
Allow inspection and repair
Give access and keep a log of each visit and what was done. Ask for a written note of the cause and the repair method for major defects such as waterproofing.
4
Get an engineer's report if disputed
If the builder blames you or the defect keeps coming back, an independent structural or civil engineer's report strengthens your complaint.
5
Complain to RERA after 30 days
File under Section 31 on your state RERA portal with your possession letter, notice, photos and any report. Ask for rectification within a fixed time. See the complaint process.
6
Claim compensation
For repair costs you had to bear, rent while the flat was unusable, or damaged belongings, apply to the Adjudicating Officer under Section 71.
A Notice You Can Adapt
Subject: Defects in Flat [No.], [Project], RERA Reg. [No.] — notice under Section 14(3), RERA Act
Dear Sir/Madam,
I took possession of the above flat on [date]. I have found the following defects: (1) [defect, location, date noticed]; (2) [...]. Photos are attached.
Under Section 14(3) of the Real Estate (Regulation and Development) Act, 2016, these defects fall within the five-year period from possession and are to be rectified without charge within thirty days. Please confirm a date for inspection and complete the repairs within 30 days of this notice.
Regards, [Name], [Phone], [Email]
Protect Your Claim From Day One
☐ Do a careful inspection before you take the keys. Use our flat possession checklist.
☐ Keep the possession letter: it fixes the start of the 5 years.
☐ Report early. A small leak becomes a big one, and early notices are easier to prove.
☐ Avoid structural changes during the period, and keep bills for any interior work.
☐ Put the five-year date in your calendar and do a full check a few months before it.
Frequently Asked Questions
What is the defect liability period under RERA?
Five years from the date the builder hands over possession. Under Section 14(3) of the RERA Act, if a structural defect or any other defect in workmanship, quality or provision of services is brought to the builder's notice within that period, the builder must fix it without charge within 30 days. If it fails, you are entitled to compensation under the Act.
Does the 5-year period start from the OC or from possession?
Section 14(3) counts five years from the date of handing over possession. In practice, Authorities look at the date possession was handed over (or offered and taken); where a building received its occupancy certificate and possession followed soon after, the dates are close. Keep your possession letter as proof of the start date.
Is seepage or leakage covered, or only structural cracks?
Both. Section 14(3) covers structural defects and defects in workmanship, quality or provision of services. RERA Authorities in Maharashtra, Karnataka, Telangana, Tamil Nadu and Chhattisgarh have ordered builders to fix seepage, leakage and waterproofing defects under it, and MahaRERA has said surface-level patching is not enough; the defect must be permanently fixed.
What if the builder says the defect is my fault?
Damage caused by your own alterations, misuse or normal wear and tear is usually not covered. The builder has to show that, though. MahaRERA rejected a developer's claim in a 2026 case because it could not substantiate it. Avoid structural changes during the period, keep records of any interior work, and get an independent engineer's report if the cause is disputed.
Can the society or residents' association claim for common-area defects?
Yes. Defects in common areas such as the terrace, basement, lifts, fire systems or the sewage treatment plant can be raised by the residents' association as well as by individual buyers. MahaRERA allowed a housing society's complaint about structural defects in 2025 and directed the builder to carry out repairs.
How do I complain to RERA about construction defects?
First notify the builder in writing with photos and dates, and give 30 days. If it is not fixed, file a complaint on your state RERA portal under Section 31, citing Section 14(3), with your possession letter, the notice and photos. Ask for rectification within a fixed time; a claim for money compensation goes to the Adjudicating Officer under Section 71.
Does Section 14(3) apply to old buildings?
It applies to projects registered under RERA, including projects that were ongoing (without an occupancy or completion certificate) when RERA came into force in 2017. For older buildings outside RERA, a buyer may still have remedies for deficiency in service under the Consumer Protection Act or under the agreement itself.
Official Sources
Real Estate (Regulation and Development) Act 2016, Sections 14(3), 31, 63 and 71.
MahaRERA: Cosmopolis CHS v Cosmos Homes India Pvt Ltd, Complaint CC006000000303056 (2025); order on Godrej 24, Hinjawadi; Borivali order of March 2026; as reported by LiveLaw, the Free Press Journal and others.
Karnataka RERA, Telangana RERA and Chhattisgarh RERA orders on seepage and structural defects, as reported by The Realty Today, LiveLaw and LawNotify.
Change Log
Nov 10, 2026: Page published.
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