Defects in Your New Flat: How the 5-Year RERA Defect Liability Rule Works
Under RERA, a builder must fix structural and workmanship defects reported within five years of possession, within 30 days and at no cost. How to use it.
New flats in Mumbai often show problems in the first monsoon: seepage, cracks, failing waterproofing, doors that won't close. Many owners don't know that the law gives them a clear remedy.
What the law says
Section 14(3) of the Real Estate (Regulation and Development) Act, 2016 says that if any structural defect, or any other defect in workmanship, quality or provision of services, or in the builder's other obligations under the agreement, is brought to the builder's notice within five years from the date of handing over possession, the builder must rectify it within 30 days, without further charge. If they don't, the allottee is entitled to appropriate compensation.
| Point | Detail |
|---|---|
| Period | 5 years from handing over possession |
| Builder's deadline | 30 days to rectify |
| Cost to you | No further charge |
| If not fixed | Compensation, through MahaRERA |
Common defects owners raise
- Seepage and leakage through walls, ceilings or bathrooms
- Cracks in walls or plaster
- Faulty plumbing or electrical work
- Poor-quality fittings that don't match the agreement
The five-year clock starts at possession. Report defects in writing, with photos and dates, as soon as you see them.
How to make a claim
- Note your possession date. Keep the possession letter.
- Document the defect. Dated photos and videos, and a short description.
- Write to the builder. Email and a letter, referring to Section 14(3). Keep proof of delivery.
- Give them 30 days. Allow access for inspection and repair.
- If nothing happens, file with MahaRERA. Attach your evidence and correspondence.
For NRI owners
Defects often go unnoticed in an empty flat until they've spread. Someone should inspect after the first heavy rains, and the five-year clock keeps running whether you're in Mumbai or not.
Related reading
- New flat possession checklist
- Post-monsoon flat inspection checklist
- Seepage from the flat above: who pays?
Frequently asked questions
Does the five-year rule apply to resale flats?
The obligation is the builder's to the allottee and runs from the original possession date. If you bought resale, check how much of the five years is left and what the agreement assigns to you.
Does it cover normal wear and tear?
No. It covers defects in structure, workmanship, quality or services, not damage from use.
Want us to inspect and document defects in your new flat? Book a video call.
Sources
General information, not legal advice.
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