RERA Five-Year Defect Liability: What a Bangalore Flat Buyer Can Claim After Possession
A new flat in Bangalore often shows its faults only after a monsoon or two, long after the keys have changed hands. RERA keeps the builder answerable through that period with a five-year defect liability. This guide covers what the law says, which defects qualify, how to report one and what a buyer may do when the repair is delayed.
What Section 14(3) Says
The rule is found in section 14(3) of the Real Estate (Regulation and Development) Act, 2016. A defect reported to the promoter within five years of the handover of possession has to be put right by the promoter. The repair carries no further charge and has to be finished within 30 days. Where the promoter fails to repair it in that time, the allottee is entitled to appropriate compensation.
The section names five kinds of fault:
- A structural defect
- A defect in workmanship
- A defect in quality
- A defect in the provision of services
- A failure in any other obligation of the promoter under the agreement for sale
The last head is wider than it looks. Specifications, fittings and amenities written into the agreement become obligations of the promoter. A shortfall against them, noticed within the five years, falls under the same duty to rectify.
When the Five Years Start
The period runs from the date possession is handed over, and the dates of booking, agreement and registration play no part. For most buyers the possession letter or handover record fixes that date, so it is a paper to keep safely. A delay in taking possession after the builder's written offer may lead to a dispute over the start date, which is another reason to keep every letter.
The cover belongs to the flat's allottee, and the Act's definition of allottee includes a person who later acquires the flat by sale or transfer. A resale buyer of a three-year-old flat therefore holds the balance of two years. Common areas such as the terrace, basement, lifts and external walls are covered too, and the owners' association is the natural body to raise those defects.
What Counts as a Defect
The Act carries no list of covered items, so each case turns on the cause of the fault. A problem that traces back to design, materials or the way the building was put together is the builder's to fix. Damage that comes from the owner's own use or later changes is outside the duty.
The table shows how common problems are usually sorted.
| Usually the builder's responsibility | Usually the owner's responsibility |
|---|---|
| Cracks in columns, beams or slabs | Normal wear from daily use |
| Seepage through walls, roofs or bathroom floors caused by failed waterproofing | Leaks caused by the owner's interior or plumbing changes |
| Faulty concealed plumbing or electrical wiring | Fittings damaged by misuse |
| Hollow or lifting floor tiles, failing plaster | Repainting and routine upkeep |
| Lifts, pumps, sewage treatment or fire systems that fail to work as promised | Appliances the owner installed |
Interior work is the most frequent point of dispute. A builder will often argue that a leak began when the owner's contractor broke a wall or moved a pipe. Photographs of the flat at handover, taken before any interior work, are the simplest answer to that argument.
How to Report a Defect
The 30-day period begins when the defect is brought to the promoter's notice. A phone call to the site office leaves no trace, so the report should be in writing. A clear record helps both sides and usually speeds up the repair.
- Photograph or film the defect with the date, and note where it is in the flat
- Write to the promoter's registered email address and send a copy by registered post
- Describe the fault, quote the possession date and ask for repair under section 14(3)
- Keep the acknowledgement, the ticket number and every reply
- Allow the builder's team access, and record what work was done and on which date
- Write again if the fault returns, so that the file carries proof of a repeated defect
Speed matters for two reasons. A defect reported soon after it appears is easier to link to construction than one left for years. A report sent after the fifth year is outside the section, however serious the fault.
What the Builder Must Do
Once the notice is received, the promoter has to rectify the defect within 30 days and may not bill the owner for it. The duty is to cure the fault, and a coat of paint over a damp wall falls short of that. Where the cause is in a common area, such as a terrace above a top-floor flat, the repair has to reach the cause.
Many builders offer their own warranty of one or two years in the agreement. Such a clause adds to the statutory cover and has no power to shorten it. Karnataka's model agreement for sale, notified in 2020, repeats the five-year duty in its own clauses.
When the Repair Is Not Done
A buyer whose notice is ignored may file a complaint with the Karnataka Real Estate Regulatory Authority (K-RERA) under section 31. The complaint is filed online in Form N with a fee of Rs. 1,000. The usual prayer asks for a direction to repair the defect within a fixed time.
Compensation is a separate question. Section 71 gives an adjudicating officer the task of deciding compensation under section 14, with regard to the loss caused. A buyer who has already paid for the repair should keep the contractor's bills and an engineer's report, since these support the amount claimed.
The papers that make a defect complaint strong are few:
- The possession letter showing the handover date
- The agreement for sale with its specifications
- Dated photographs and the written notices to the builder
- The builder's replies and any record of failed repairs
- A report from a structural or civil engineer for serious faults
The consumer commissions remain open as an alternative forum, because the Act leaves other remedies in place. An association may complain on behalf of all owners for defects in common areas, which spreads the cost of expert reports.
Where the Cover Ends
The section applies to projects that fall under RERA. Small projects on land of 500 sq m or less, or with eight apartments or fewer, are exempt from registration, and their buyers rely on the agreement and the consumer law. Projects that received a completion certificate before the Act took effect on 1 May 2017 are outside it as well.
Inside the five years, the right is tied to notice. A defect has to be reported within the period, though the repair or the complaint may run beyond it. An inspection by an independent engineer in the fifth year is a sensible habit, since it brings hidden faults to light while the builder is still liable.
Good Habits From Day One
The five-year cover works best alongside a careful handover. A snag list signed by the builder's representative records the condition of the flat on the day of possession. Defects listed there and left open carry straight into the liability period.
After moving in, the first two monsoons are the real test of waterproofing and external walls. Owners who check ceilings, window frames and bathroom walls after heavy rain catch seepage early. Buyers comparing new projects are welcome to ask our team about a developer's handover record through the contact page.
