When Kashvi Pathak found cracks spreading across her bedroom wall and water seeping through the ceiling fourteen months after taking possession of her Pune flat, she sent the builder a written notice and the leak was patched within 30 days at no cost.
Under Section 14(3) of the Real Estate (Regulation and Development) Act 2016, a builder must repair any structural defect or defect in workmanship, quality or services free of charge if you report it in writing within 5 years of taking possession, and the repair must be done within 30 days. If the builder fails, you are entitled to compensation and can complain to your State RERA authority.
The statutory duty, RERA Act 2016, Section 14(3): “In case 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 relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter's failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act.”
If the defect points to weak construction, an RTI application to your local development authority or municipal corporation PIO can pull the building's structural-stability records to back your case. Ask for the approved structural drawings, the structural stability certificate, the completion or occupancy certificate file, and any inspection reports for the project. These records, obtained under the RTI Act 2005, can show whether the building was approved and built to the sanctioned plan, which supports a Section 14(3) complaint that the defect is the builder's responsibility. Our AI RTI Drafter can draft this application for you in minutes.
Real-life example. Dr. Shrawan Kumar Pathak took possession of a 2 BHK flat in Indore district in March 2024. By June 2025, large damp patches and a cracked ceiling beam appeared in the living room. On 18 June 2025 he emailed the builder a dated notice with photos demanding rectification under Section 14(3). The builder ignored two reminders. On 25 July 2025 Dr. Pathak filed a complaint before the State RERA authority under Section 31, attaching his sale agreement, possession letter, photos, notices, and a structural engineer's report estimating ₹1,80,000 of repairs. He had separately filed an RTI with the development authority for the project's structural stability certificate, which confirmed the sanctioned design. The authority directed the builder to rectify the defects and reimburse his engineer's fee.
Five years from the date possession is handed over. Any structural defect or defect in workmanship, quality or services reported in writing within that period must be fixed by the builder under Section 14(3).
Yes. Section 14(3) says the promoter must rectify the defect “without further charge” within 30 days of you bringing it to their notice. You should not pay for repairs that fall within the 5-year defect liability.
You become entitled to appropriate compensation under the Act. File a complaint against the builder before your State Real Estate Regulatory Authority under Section 31, asking for an order to rectify the defect or pay compensation.
Before the State Real Estate Regulatory Authority for the State where the project is located, under Section 31 of the RERA Act 2016. Each State runs its own RERA portal for filing complaints online.
Yes. An appeal lies to the Real Estate Appellate Tribunal under Sections 43 and 44 of the Act. Either the allottee or the builder can appeal the authority's order within the time the Act allows.
No. Section 14(3) covers structural defects and defects in workmanship, quality, services, or other agreement obligations of the builder, not ordinary wear and tear from your own use of the flat.