Defect Liability Period Under RERA: 5 Years of Free Repairs
You take possession of a new flat, and six months later the bathroom seeps, the plaster cracks and a window frame warps. Who pays? Under RERA, the builder does, for five full years, and most homebuyers in India have no idea this right exists. This guide explains the defect liability period under RERA: what it covers, what it does not, how to file a complaint, and how to use the right without a fight.
What the law says
Section 14(3) of the Real Estate (Regulation and Development) Act puts it plainly: if any structural defect, or any 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 within thirty days at no further charge. If the builder fails, the buyer is entitled to compensation. Five years, free repair, thirty-day clock; those are the three numbers to remember.
| Element | Rule |
|---|---|
| Period | 5 years from possession handover |
| Builder's duty | Rectify free of cost |
| Deadline to fix | 30 days from notice |
| If builder fails | Buyer entitled to compensation via RERA |
What counts as a defect
The covered list is wider than most buyers assume. Structural defects are the serious end: cracks affecting the building's stability, sinking slabs, failing columns. Workmanship and quality defects cover the everyday failures: seepage and waterproofing, plaster and tiling faults, poor electrical or plumbing work, doors and windows that never fit. Service defects cover promised provisions that fail, lifts, fire systems, water supply infrastructure. What is not covered: normal wear and tear, damage from the buyer's own renovation, and problems caused by neglecting basic maintenance. The line is honest: the builder answers for how the flat was built, the owner answers for how it is used.
How to raise a defect complaint
Do it in writing, always. Photograph the defect, email the builder's customer care with the photos, your unit details and possession date, and ask for rectification under Section 14(3), naming the thirty-day requirement. Keep every reply. If the builder repairs, done. If they stall past thirty days or patch cosmetically, file a complaint with your state RERA authority online, attaching the notice trail; RERA can order repair and compensation, and its orders carry penalties for non-compliance. Societies can file collectively for common-area defects, which is usually more effective than lone owners chasing tower-wide seepage. Our RERA complaint guide walks through the filing steps.
Using the right well
Three habits make this right practical. Record possession properly: the five years run from handover, so keep the possession letter. Document early: walk the flat at possession with a checklist, note every visible fault in the handover snag list, and get the builder's acknowledgment. And report defects the day they appear rather than saving them up; seepage reported in month three is a clean claim, the same seepage reported in year four invites a "you neglected maintenance" defence. Buyers of ready and resale flats inside five years of first possession should note the period attaches to the project's handover, so check what remains. Our possession delay rights guide pairs well with this, and the hidden costs guide covers the money side of moving in.
Frequently asked questions
What is the defect liability period under RERA?
Five years from possession handover, during which the builder must fix structural, workmanship, quality and service defects free of cost within thirty days of notice.
Does it cover seepage?
Yes. Seepage and waterproofing failure are among the most common defects claimed, as workmanship and quality defects.
What is not covered?
Normal wear and tear, damage from the owner's renovations, and faults caused by poor maintenance by the occupant.
What if the builder ignores the notice?
After thirty days, file with your state RERA authority with the written trail. RERA can order rectification and compensation.
Does the period apply to resale flats?
The five years attach to the original possession handover of the unit. A resale buyer inherits whatever remains of the period.
Can the builder charge for these repairs?
No. Section 14(3) requires rectification without further charge. Any demand to pay for covered defects is itself a RERA violation.
Does it cover common areas?
Yes, defects in promised services and common infrastructure are covered, and the society or association can complain collectively.
Is a verbal complaint enough?
Legally the defect must be "brought to the notice" of the promoter; in practice only written, dated notice with photos protects you.
Does the period apply to projects before RERA?
It applies to RERA-registered projects. For older non-RERA projects, remedies run through consumer courts instead.
Can I claim compensation instead of repair?
If the builder fails to rectify in time, compensation under the Act is the remedy, decided by the RERA authority on your complaint.
Five years, free repair, thirty days: the defect liability period is one of RERA's strongest buyer rights, and it works when defects are reported early and in writing. Keep the possession letter safe, photograph everything as it appears, and escalate to the state authority on day thirty-one without waiting further. More guides on the blog.
Research by the Realty Hunting editorial team, Gurgaon. Based on Section 14(3), RERA Act 2016; not legal advice.
