The RERA defect liability period, explained for buyers

If you bought a flat in a RERA-registered project, the law gives you a window after possession in which the builder has to fix defects at no extra cost. Most buyers know the window exists. Fewer know exactly when it starts, what counts as a defect, or what to do if the builder goes quiet.

This is a plain summary for information. It is not legal advice, and your state's rules may differ.

What Section 14(3) says

Section 14(3) of the RERA Act, 2016 covers any structural defect, or any other defect in workmanship, quality or provision of services, or any other obligation of the promoter under the agreement for sale. If such a defect is brought to the promoter's notice within five years from the date of handing over possession, the promoter has to rectify it without further charge within 30 days. If the promoter does not, the allottee is entitled to compensation under the Act.

Seepage from failed bathroom waterproofing, an unsealed window frame or a badly sloped balcony floor is the kind of workmanship defect this provision is about. Most state model agreements for sale repeat a similar clause, so read yours too.

When does the five years start?

The Act says the period runs from the date of handing over possession. In practice a buyer can have several candidate dates: the date on the possession letter, the date the occupancy certificate was issued, and the day the keys were actually handed over. These can be weeks or months apart, and state authorities have not always read the phrase the same way.

Ask a lawyer which date applies to your flat. Until you know, plan around the earliest of the dates you have, so you are not caught out near the end of the window.

The defect liability deadline calculator works out the window from whichever date you enter.

How to notify the builder

1. List each defect with a number, the room, the exact location and a date-stamped photo.
2. Send it in writing, by email to the builder's official address and by post or hand delivery with an acknowledgement.
3. Keep a copy of everything you send and every reply.
4. Note the date the 30 days runs from, and record any site visits and repair dates.
5. After a repair, check whether the defect is actually fixed, not just painted over.

If the builder does not act

There are two main routes. You can use either, and the remedies under RERA and consumer law are generally treated as concurrent.

Each state publishes its own complaint form, fee and procedure. The state pages, such as Maharashtra and Karnataka, set out the steps and link to the portal.

Things that can complicate it

• Projects outside RERA. Projects completed before the Act came into force, and small projects below the registration threshold, may fall outside it.
• Resale flats. The builder's obligation runs to the allottee. Whether and how it passes to a later buyer is a question for a lawyer.
• Your own changes. A builder may argue that a defect was caused by interior work. Evidence dated before your interiors helps here.
• Late notice. A defect noticed in year four is still within the window, but evidence of when it started becomes harder to show.

The common thread is evidence with a date on it. A defect recorded at possession, with photos and readings, is far harder to dismiss than one described from memory years later.

The Defect Claim Pack puts dated evidence, your deadline and a letter template in one place.