Failures, Claims and Official Sources
Roof or wall leak in a new flat: the builder's five-year defect liability under RERA
How the five-year structural and workmanship defect liability under section 14(3) of RERA works for terrace leaks, wall seepage and façade defects in new flats in India.
If you bought a flat or house in a RERA-registered project and a structural defect or a defect in workmanship, quality or services, such as a leaking terrace, seepage through external walls or failing façade work, appears within five years of the date of handing over possession, the builder (called the promoter in the law) must rectify it without further charge within 30 days of being told, under section 14(3) of the Real Estate (Regulation and Development) Act, 2016. If the promoter does not, you are entitled to appropriate compensation as provided under the Act. Complaints go to your state RERA authority.
Part of roof, waterproofing or façade problems: which official route to use.
What section 14(3) covers
| Point | What the Act says, in plain words |
|---|---|
| Who | The promoter of a real estate project |
| What | Any structural defect, or any other defect in workmanship, quality or provision of services, or any other obligations of the promoter as per the agreement for sale |
| When | Brought to the promoter's notice by the allottee within five years from the date of handing over possession |
| Duty | Rectify without further charge within 30 days |
| If not | The aggrieved allottee is entitled to receive appropriate compensation in the manner provided under the Act |
A terrace leak caused by poor waterproofing, seepage through badly finished external walls, cladding that detaches, or paint failing because of construction dampness can fall within "workmanship, quality or provision of services". Whether it does in your case depends on the facts and on whether the defect was caused by the promoter's work or by later alterations.
Steps for a flat owner
- Note the possession date from your possession letter. The five years run from there.
- Document the defect: dated photos, videos, and where it appears.
- Write to the promoter with the project's RERA registration number, your unit number, the defect and a request to rectify under section 14(3). Keep proof of sending.
- Wait 30 days, cooperating with inspection and access.
- If not fixed, file a complaint with the state RERA authority, usually online, with the agreement for sale, possession letter, photos, your notice and any reply. Many authorities charge a filing fee set by the state rules.
- Coordinate with the association: for common areas like the terrace and outer walls, the society or association may file or support the complaint. See society and RWA rules for façade and terrace work.
Common arguments and how to prepare
| Promoter says | What to check |
|---|---|
| "The society has taken over maintenance" | Section 14(3) liability runs from possession for five years; handover of maintenance does not by itself end it |
| "Owners drilled into the terrace or changed the façade" | Whether alterations caused the defect; keep records of what was changed and by whom |
| "It is normal shrinkage" | Hairline cracks may be normal; leaks and seepage are a different matter. An independent engineer's view helps |
| "Out of the defect period" | The date of possession and the date of your first written notice |
What it may cost if you fix it yourself
If the promoter does not act and you or the society repair it, keep every quotation and invoice; they support a claim for compensation. As an illustrative example: terrace waterproofing for a building of 4,000 sq ft of terrace at ₹100 per sq ft = ₹4,00,000, plus 18% GST = ₹4,72,000, plus repair of top-floor ceilings ₹60,000, total ₹5,32,000. Whether the authority awards this depends on the facts. Before repairing, consider whether the evidence will be lost; photograph and record in detail, and if a case is already filed, ask about directions first.
If the project is not RERA-registered
Older projects that were completed before RERA, or small projects below the registration thresholds, may not fall under the Act. Then the agreement for sale, the state's own laws on flats, and the Consumer Protection Act, 2019 become the main routes. See consumer complaint against a contractor on e-Jagriti, which also applies to complaints against builders in many cases.
Defects in a house you built with a contractor
Section 14(3) applies to promoters of real estate projects. If you built your own house with a contractor, the contract and consumer law apply instead. See the contract and warranty checklist.
FAQ
Does the five-year period cover paint fading?
Normal ageing of paint is unlikely to count as a defect. Peeling or blistering caused by dampness from poor construction may be different. The facts decide.
Can I complain to RERA and a consumer commission at the same time?
Courts have discussed when both remedies can be used. Choose one main route with advice, and avoid parallel cases on the same facts without understanding the consequences.
Does the period restart after a repair?
The Act speaks of five years from handing over possession. Whether a repair carries its own warranty depends on what the promoter gives in writing.
Where do I find the project's RERA number?
On the agreement for sale, the builder's advertisements and the state RERA authority's website.
Sources and where to check
- India Code — Real Estate (Regulation and Development) Act, 2016, section 14
- Ministry of Housing and Urban Affairs — RERA information and links to state authorities
- e-Jagriti — consumer complaints, including against builders
