East Bengaluru buyer answers
What can I do about defects after possession? The builder defect liability period under RERA
Direct answer: A defect in structure, workmanship, quality or services that you report within five years of possession must, under Section 14(3) of the RERA Act, be fixed by the builder free of charge within thirty days. If the builder fails, you're entitled to compensation. The duty continues even after conveyance deeds are executed.
Disclosure: acre&key’s advice is free to buyers; we are an authorised sales partner for some projects and may be paid by the developer.
Verify with your lawyer: This page explains Section 14(3) and related duties under the RERA Act, not legal advice. Before you send a formal notice or file a complaint, have your own property lawyer check your agreement's defect clause and the right forum for your case.
Seepage after the first monsoon, a cracked beam in the parking level, a lift that keeps tripping. Most new flats show something in the first couple of years. The law gives you a long runway to get it fixed, but only if you use it properly: in writing, on time, and with evidence. The same five-year clock is why a careful snag list on possession day matters; see why OC and CC matter for the certificates that usually sit alongside handover. To catch problems on day one, use our flat possession inspection checklist.
What exactly does Section 14(3) cover?
The text, in full: "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" (RERA Act, s.14(3)).
Here's what each part means in practice:
| Element | What the Act says |
|---|---|
| What's covered | Structural defects, and defects in workmanship, quality or provision of services, and other obligations under the agreement |
| Your window | Five years from the date of handing over possession |
| Your action | Bring it "to the notice of the promoter" |
| Builder's deadline | Rectify within 30 days |
| Cost to you | None ("without further charge") |
| If the builder fails | You're entitled to "appropriate compensation" under the Act |
Does the liability end once the association takes over?
No. Section 11(4)(a) says the promoter's responsibility for structural and other defects for the Section 14(3) period "shall continue even after the conveyance deed of all the apartments, plots or buildings… are executed" (RERA Act, s.11(4)(a)). Handing over the common areas doesn't reset the clock or switch it off.
Is wear and tear a "defect"?
Not usually. A leaking concealed pipe in year two is a workmanship issue. A scuffed wall from moving furniture isn't. The Act doesn't list examples, so there's a grey zone: hairline cracks, fixtures, paint. Your agreement for sale may define warranties for specific items, so read the defect clause alongside the Act. Where the agreement gives you less than the Act, the Act's protection is the floor. Confirm how that applies to your case with your own lawyer, ideally when you check the sale agreement before signing.
How should I report a defect so it counts?
The five years and the thirty days both run from dates you'll need to prove. Here's a practical sequence:
- Write, don't call. Email the builder's official customer-care address and keep the acknowledgement. Use registered post as well for anything serious.
- Describe, date and photograph. Location, when first noticed, photos with timestamps, and a short video if the issue is intermittent.
- Quote the clause. Mention Section 14(3) and the defect clause in your agreement.
- Ask for a dated plan to fix it, and point out the 30-day statutory period.
- Log every visit. Who came, what they did, and whether it worked.
- For structural concerns, consider a report from your own structural engineer before and after the repair. Pay for it yourself so the report is yours.
If the defect sits in a common area (terrace waterproofing, basement seepage, STP, lifts), the association is usually the right party to raise it. Individual owners can support with their own evidence.
What if thirty days pass and nothing is fixed?
You're then "entitled to receive appropriate compensation in the manner as provided under this Act". Compensation under Section 14 is adjudged by an adjudicating officer appointed under Section 71 (RERA Act, s.71). A complaint to the Authority under Section 31 is also open for violations of the Act (s.31). K-RERA's FAQ sets out the Form 'N' route and the ₹1,000 fee for complaints to the Authority (K-RERA FAQ).
Before you file, many owners send one final written notice with a short deadline, attaching the earlier correspondence. It often moves things. If it doesn't, it strengthens your file.
Can I fix it myself and send the bill?
Self-repair destroys evidence of the original defect. If a problem is urgent, such as active seepage into wiring, document it thoroughly first, notify the builder in writing that you're carrying out an emergency repair, and keep every invoice. Whether those costs are recoverable is for the adjudicating officer to decide. Get your lawyer's view before spending heavily.
What should I check at handover to make this easier later?
Your handover date starts the five-year clock, so make sure the record is clean:
- Insist on a possession letter that states the date clearly.
- Walk the flat room by room, record pre-existing issues in writing, and get the builder to acknowledge the list.
- Keep copies of the occupancy certificate, the approved plan and any warranties for lifts, pumps, DG sets and the STP. The association will need the common-area ones.
You can also check the project's RERA page for quarterly updates and previously disclosed delays before you escalate a defect claim.
When does the five-year clock actually start?
The Act ties it to "the date of handing over possession". Two related duties shape that date. Section 19(10) says every allottee "shall take physical possession… within a period of two months of the occupancy certificate issued". Section 17 requires the promoter to hand over physical possession and execute the conveyance deed (RERA Act, ss.17, 19(10)). If you delay taking possession for your own reasons, expect the builder to argue the clock started earlier. Keep the possession letter, the date you collected keys, and any email that fixes the date.
What should the association collect for common-area defects?
The common areas are where defects tend to cost the most: terrace waterproofing, basement seepage, pumps and sewage treatment. Ask the association to collect, at handover, the as-built drawings, equipment warranties and service records, and a list of known snags signed by the builder's representative. With that file in hand, a Section 14(3) notice on a common-area problem can be specific from day one. See how apartment association handover works under RERA.
Frequently asked questions
How long is the defect liability period under RERA?
Five years from the date the builder hands over possession. The defect must be brought to the builder's notice within that period.
How quickly must the builder fix a reported defect?
Within thirty days, without charging you. If the builder fails, the Act entitles you to appropriate compensation.
Does the five-year period apply to common areas too?
Section 14(3) covers defects relating to the development, and Section 11(4)(a) keeps the builder responsible even after conveyance deeds. Common-area defects are usually raised through the association.
Do I need an engineer's report to complain?
The Act doesn't require one. For structural issues or disputed causes, your own engineer's report makes your evidence much stronger.
Does signing the sale deed end the builder's defect duty?
No. Section 11(4)(a) keeps the promoter responsible for structural and other defects under Section 14(3) even after conveyance deeds are executed.
References
- Real Estate (Regulation and Development) Act, 2016, ss. 11(4)(a), 14(3), 17, 19(10), 31, 71 (copy hosted by K-RERA). https://rera.karnataka.gov.in/resources/staticpage/Real_Estate_Act.pdf, accessed 16 Oct 2026.
- Karnataka RERA FAQs. https://rera.karnataka.gov.in/resources/staticpage/KARNATKA_FAQs.pdf, accessed 16 Oct 2026.