Maharashtra · checked November 2026
Raising a builder defect in Maharashtra.
If you bought a flat in a MahaRERA-registered project in Mumbai, Pune or anywhere else in Maharashtra, and damp shows up within five years of possession, the builder has to fix it without charge. You raise it with the builder in writing first. If the builder does not act, you can file a complaint with MahaRERA online.
- Authority
- MahaRERA
- Portal
- maharera.maharashtra.gov.in
- Window
- 5 years
- Checked
- November 2026
How a buyer files
Maharashtra Real Estate Regulatory Authority (MahaRERA)
Official portal: maharera.maharashtra.gov.in
- 01Write to the builder first. Describe each damp area, attach dated photos and readings, and ask for repair under Section 14(3) of the RERA Act, 2016. Keep proof of delivery.
- 02Give the builder the 30 days the Act allows to rectify the defect. Log every reply and site visit.
- 03If the defect is not fixed, register as a complainant on the MahaRERA portal and use the complaint section to file against the registered project.
- 04Upload your agreement for sale, possession letter, your letters to the builder and the inspection evidence. Pay the complaint fee online.
- 05Complaints about the project go to the Authority under Section 31. A claim for compensation is decided by the adjudicating officer under Sections 71 and 72.
- 06Track the complaint and hearing dates on the portal. MahaRERA publishes guidance for complainants and its hearing procedure on the same site.
The defect liability provision
What Section 14(3) gives you.
- Section 14(3) of the RERA Act, 2016: if a structural defect, or any other defect in workmanship, quality or provision of services, is brought to the promoter's notice within five years from the date of handing over possession, the promoter must rectify it without further charge within 30 days. If the promoter does not, the allottee is entitled to compensation under the Act.
- Damp and seepage usually come under defects in workmanship or quality: failed bathroom waterproofing, terrace leaks, gaps around window frames, leaking concealed pipes.
- Your possession letter, the occupancy certificate date and the physical handover date can differ. Ask a lawyer which applies to you.
- Your state's rules and your agreement for sale may add detail. Read the defect liability clause in your agreement alongside the Act.
Forms and fees
Check before you file.
- Check the current form and fee on the authority's portal before you file. MahaRERA updates its procedure by circular.
- Keep your project's MahaRERA registration number ready. It is printed on the agreement for sale and searchable on the portal.
- MahaRERA's portal lists registered projects, so you can confirm your project is registered before you file.
- In an older resale flat, the original builder's obligation runs to the first allottee. How it passes to a later buyer is a point for a lawyer.
- Leaks from the flat above or from common terraces and external walls may also be a co-operative society matter under the society's bye-laws.
- For information only: the Consumer Protection Act, 2019 gives homebuyers a separate route through the district, state or national consumer commission for deficiency in service. The Supreme Court has treated the RERA and consumer remedies as concurrent. Whether to use one, and which, is a question for your lawyer.
Your deadline
Work out your last date.
Your possession letter, the occupancy certificate date and the physical handover date can differ. Ask a lawyer which applies to you.
Last day to bring a defect to the builder's notice
14 March 2031
Days left
…
After notice, Section 14(3) gives the builder 30 days to rectify without further charge.
This page summarises the law for information and is not legal advice. Rules, forms and fees change; confirm on maharera.maharashtra.gov.in before filing.
Questions buyers ask
Can I file a MahaRERA complaint about seepage in my new flat?
If your project is registered with MahaRERA and the damp was brought to the builder's notice within five years from the date of handing over possession, Section 14(3) of the RERA Act, 2016 requires the builder to fix it without charge within 30 days. If that does not happen, you can file a complaint on the MahaRERA portal.
Who decides compensation in Maharashtra?
Under the RERA Act, compensation claims are decided by the adjudicating officer under Sections 71 and 72. Other complaints against the project go to the Authority under Section 31. Check the current form and fee on the authority's portal.
Does a Megahedge report count as evidence?
The report gives dated photos, thermal images and readings against a dry wall in the same flat. How much weight any evidence gets is for the Authority to decide. Megahedge inspects and reports; it does not give legal advice.
Evidence first, complaint second.
The Defect Claim Pack gives you dated, located findings and a letter to send before any complaint.