RERA’s 5‑Year Warranty: How Homebuyers Can Claim Repairs for Structural Defects

⚡ Key Financial Takeaways

RERA mandates that promoters fix structural or workmanship defects within 30 days of a written complaint, free of charge, for five years from possession.

Buyers must report defects in writing, attach photos, videos, and inspection reports to strengthen the claim.

If the promoter fails to repair, buyers can seek compensation under Section 14 or file a complaint with the state RERA authority under Section 31.

Understanding RERA’s 5‑Year Responsibility Under the Real Estate (Regulation and Development) Act, 2016, promoters are required to rectify structural defects and specified workmanship or service issues for five years from the date of possession. Section 14 obligates the builder to repair any eligible defect within 30 days of a written notice from the buyer, without charging the buyer for the repair.

Step‑by‑Step Claim Process 1. Document the defect – Take photographs, record videos, and obtain an inspection report if needed. Keep the possession letter, sale agreement, and all correspondence in one folder. 2. Send a formal written notice – State the defect, its detection date, and request repair. Attach all evidence. 3. Wait 30 days – The promoter must fix the issue within this period. If not, move to the next step. 4. File a complaint – Use Section 31 of RERA to lodge a complaint with the relevant Real Estate Regulatory Authority or adjudicating officer. Provide the written notice, evidence, and any incurred costs.

What Happens If the Builder Refuses If the promoter fails to comply, the buyer can seek compensation under Section 14. The amount is not fixed by law and varies with each case. By filing a complaint with RERA, the buyer gains access to a formal adjudication process that can enforce repair or award damages. Prompt reporting and thorough documentation are key to a successful claim.