Section 14(3) of RERA provides for the responsibility to rectify specified defects brought to the promoter’s notice within five years of handing over possession. Not every instance of damage automatically falls within this provision.
The provision addresses not only structural defects but also defects relating to workmanship, quality, services and obligations specified in the agreement. The law requires such defects to be rectified within 30 days without any additional charge, and provides for compensation if the promoter fails to do so. It is important to distinguish these defects from alterations made by the occupant and maintenance issues.
What should you do now?
- Keep dated photographs and videos, and obtain a technical report if needed.
- Write to the builder, specifying the location and nature of the defect and the date it was first reported.
- If the defect is not rectified, prepare evidence of the applicable RERA relief and the loss suffered.
What documents should you keep?
The possession letter, agreement, snag list, engineer’s report and complaints.
Avoid this mistake
Continuing to make only verbal complaints may weaken the evidence that the defect was reported in time.
A hypothetical example
Recurring seepage appeared on the walls two years after possession. The buyer sends written notice of the defect with photographs. A clear complaint date and technical cause help properly present the question of the builder’s liability.
Will every flat that is five years old come under this rule?
It must first be determined whether the law applies to the project, as well as the possession date and the nature of the defect.
Legal basis and useful source
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.