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West Bengal · checked November 2026

Raising a builder defect in West Bengal.

West Bengal once had its own housing law, WBHIRA. The Supreme Court struck it down in May 2021 in Forum for People's Collective Efforts v. State of West Bengal, and the central RERA Act now applies through WBRERA. If your flat in Kolkata or elsewhere in the state is in a registered project and damp appears within five years of possession, the builder must fix it without charge.

Authority
WBRERA
Portal
rera.wb.gov.in
Window
5 years
Checked
November 2026

How a buyer files

West Bengal Real Estate Regulatory Authority (WBRERA)

Official portal: rera.wb.gov.in

  1. 01Write to the builder with each damp area, dated photos and readings, and ask for repair under Section 14(3) of the RERA Act, 2016.
  2. 02Allow the 30 days the Act gives for rectification and keep a record of every reply.
  3. 03If the defect is not fixed, use the complaint registration option on the WBRERA portal. The portal also offers an offline complaint route.
  4. 04Complaints against the project go to the Authority under Section 31. Compensation is decided by the adjudicating officer under Sections 71 and 72.
  5. 05Attach the agreement for sale, possession letter, correspondence and inspection evidence, and pay the fee.
  6. 06Track your complaint on the portal.

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.
  • Do not use the old WBHIRA site for a new complaint. Its own notice directs registrations and complaints to WBRERA.

West Bengal specifics

Points to know here.

We inspect in Kolkata.

  • If you filed under WBHIRA before May 2021, how that complaint was carried forward is a question for a lawyer.
  • Kolkata has many older load-bearing brick buildings outside RERA. For those, the route is usually the seller, the society or association, or the courts, not RERA.
  • 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.

Defect liability deadlineRERA Act, 2016 · s.14(3)

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 rera.wb.gov.in before filing.

Questions buyers ask

Ask an inspector

Does RERA apply in West Bengal?

Yes. After the Supreme Court struck down WBHIRA in May 2021, the central RERA Act applies through the West Bengal Real Estate Regulatory Authority, WBRERA, at rera.wb.gov.in.

How do I file a seepage complaint with WBRERA?

Write to the builder first. If the defect is not fixed within 30 days, use the complaint registration option on the WBRERA portal. Check the current form and fee on the authority's portal.

My building is 40 years old. Can I use RERA?

RERA covers registered projects. Projects completed before the Act came into force usually fall outside it. A lawyer can tell you what applies to your building.

Evidence first, complaint second.

The Defect Claim Pack gives you dated, located findings and a letter to send before any complaint.

See the Defect Claim PackSee the sample report