RERA Section 14(3): How to Make Your Builder Fix Defects
Indian law gives homebuyers five years of defect liability from the builder under RERA Section 14(3). What it covers, the 30-day rule, how to invoke it, and why documentation at handover decides whether it works.
Updated · 6 min read · by HomeGyan certified engineers
The short answer
- RERA Section 14(3) makes the promoter liable for structural defects and workmanship failures for five years from the date of possession.
- Once you report a defect in writing, the builder must rectify it within 30 days at no cost to you.
- If they do not, you are entitled to compensation under the Act — and can escalate to the Karnataka RERA authority.
- The five-year clock starts at possession, so defects present at handover are covered, provided you can evidence them.
- Documentation decides outcomes. A dated, photographed inspection report at handover is what converts the legal right into an enforceable claim.
What the law actually says
Section 14(3) of the Real Estate (Regulation and Development) Act, 2016 provides that if the allottee brings to the promoter's notice any structural defect, or defect in workmanship, quality or provision of services, within five years from the date of handing over possession, the promoter must rectify it within thirty days without further charge.
Where the promoter fails to do so, the allottee is entitled to receive appropriate compensation under the Act.
This is a statutory obligation, not a contractual warranty the builder chooses to offer. It applies to RERA-registered projects regardless of what the sale agreement says.
What is covered
- Structural defects — cracking, settlement, and problems with load-bearing elements.
- Workmanship failures — hollow tiling, poor plastering, doors and windows out of alignment, faulty joinery.
- Quality shortfalls — materials or fittings below the specification promised in the agreement.
- Provision of services — plumbing, electrical, drainage and waterproofing that do not perform as they should.
What is not covered
- Normal wear and tear from your own occupation.
- Damage caused by alterations or renovations you carried out.
- Defects arising from your own failure to maintain the property.
- In practice, disputes usually turn on which of these categories a defect falls into — which is exactly why an independent, dated record from handover matters so much.
How to invoke it
- Document the defect with dated photographs and, where possible, an independent engineer's assessment.
- Write to the builder formally — email plus a physical letter — citing Section 14(3) and describing each defect specifically. Vague complaints are easy to deflect.
- Keep proof of delivery. This establishes the date the 30-day rectification window began.
- Allow the 30 days, then follow up in writing if nothing has happened.
- If unresolved, file a complaint with the Karnataka Real Estate Regulatory Authority. Include your written notice, proof of delivery and the supporting evidence.
Why inspection reports carry weight here
The legal right exists whether or not you commission an inspection. What an inspection changes is your ability to use it.
A builder's most effective defence is that the defect arose after possession, through use or alteration. A dated, photographed, engineer-authored report produced at handover removes that argument. It establishes that the defect existed at the point liability attached.
Every HomeGyan report includes a builder rectification letter drafted to reference Section 14(3), with each defect listed, photographed and severity-rated — a document you can send as-is rather than having to draft yourself. We also re-inspect after the builder reports the work complete, at no additional cost, so the rectification is verified rather than assumed.
Frequently asked questions
How long is a builder liable for defects in India?
Five years from the date of possession, under Section 14(3) of the RERA Act, 2016. This covers structural defects and defects in workmanship, quality and provision of services.
What if the builder refuses to fix defects?
If the builder does not rectify within 30 days of written notice, you are entitled to compensation under the Act and can file a complaint with the Karnataka RERA authority. Your written notice, proof of delivery and independent evidence of the defects form the basis of that complaint.
Does RERA apply to my project?
RERA registration is mandatory for projects above the prescribed size threshold. Registration details for Karnataka projects are searchable on the state RERA portal, and the registration number should also appear in your sale agreement.
Can I claim if I already signed the possession letter?
Yes — the five-year liability runs from possession, so it applies after you have signed. However, proving that a defect existed at handover rather than arising later is considerably harder without a dated independent record, which is why inspecting before signing is the stronger position.
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