The RERA Five-Year Defect Liability: A Bengaluru Buyer's Protection After Possession

Eight months after moving into a new Bengaluru apartment, a family noticed a slow damp patch spreading across a bedroom wall every monsoon. The builder's sales office had gone quiet, and the family assumed they were on their own. They were not. Because the flat was in a RERA-registered project and possession had been handed over less than five years earlier, the law placed a duty on the promoter to fix exactly this kind of defect, without charging them, once it was formally brought to notice. What they lacked was not a right, but the knowledge that the right existed.

The short answer. Under Section 14(3) of the Real Estate (Regulation and Development) Act, 2016, if a structural defect, or a defect in workmanship, quality, the provision of services, or the promoter's other obligations, is brought to the promoter's notice within five years of possession being handed over, the promoter must rectify it without further charge, within thirty days. If the promoter fails to do so, you are entitled to appropriate compensation through the RERA authority. The trade-off to understand: this is a real and valuable protection, but it works only if you notice the defect within the five years and formally put the promoter on notice, in writing, rather than relying on a phone call.

What is the RERA defect liability period?

The defect liability period is a five-year window, running from the date possession is handed over, during which the promoter remains responsible for fixing certain defects in your flat and the project at no cost to you. It is created by Section 14(3) of the RERA Act, and it is one of the most concrete buyer protections the Act provides, because it extends the builder's responsibility well beyond the handover date. For a buyer, this means that a defect appearing months or years after you move in is not automatically your problem to solve; within the five years, the law expects the promoter to put it right.

The period is tied to possession, so the clock starts when the flat is handed over to you, which makes documenting the date of possession important. It is worth reading this alongside how you take possession in the first place, which we covered in our guide to taking possession, the snag list and handover in Bengaluru, because a careful handover and a recorded possession date are what make the five-year protection easy to rely on later. The source of this protection is the Act itself, and it is worth knowing that it comes from Section 14(3) of the Real Estate (Regulation and Development) Act, 2016, so it applies across RERA-registered projects rather than depending on the goodwill of an individual builder. That statutory footing is what makes it more than a builder's warranty; it is a right the law gives you, backed by a regulator you can approach.

What defects does it cover?

Section 14(3) covers structural defects and defects in workmanship, quality and the provision of services, along with the promoter's other obligations, which is a broad and practical range. In everyday terms, this can include structural problems, water seepage arising from construction failures, electrical faults, plumbing defects and deficiencies that affect safety or depart from the approved specifications. The common thread is that these are defects attributable to how the project was built or delivered, rather than ordinary wear and tear from your own use, and it is that distinction the promoter will often raise.

For a buyer, the useful mindset is that if a problem stems from how the flat was constructed or from what the builder promised and did not deliver, it is likely to fall within the defect liability period. A leak from a construction failure is different from a fitting you damaged yourself. Keeping that distinction clear, with photographs and dates, helps you present a defect as what it is, a builder's responsibility, rather than letting it be dismissed as normal ageing. It also helps to raise defects early rather than waiting until several have accumulated. A single seepage patch noticed and reported in the first monsoon is easier to attribute to construction than the same wall three years and several repaints later, when the builder can more plausibly argue about causes. The five-year window is generous, but the evidence tends to be clearest closest to the time the defect first appears.

What must the promoter do, and in what time?

Once you bring a covered defect to the promoter's notice within the five years, the promoter has a duty to rectify it without further charge, and the Act sets a timeline of thirty days for doing so. That means the builder cannot ask you to pay for repairing a genuine construction defect within this window, and cannot sit on the complaint indefinitely. The thirty-day clock, however, runs from when the defect is actually brought to notice, which is precisely why how you raise it matters so much.

The practical instruction that follows is to put every defect in writing. A formal written communication to the promoter, describing the defect and dated, is what starts the thirty-day period and creates the record you may need later. A verbal complaint to a site engineer is easy to deny and does not clearly trigger the timeline. Send your notice in a way you can prove, keep a copy, and note the date, so that if the builder does not act, you have established both the defect and the moment the clock began.

What happens if the promoter does not fix it?

If the promoter fails to rectify the defect within the stipulated time, you are entitled to receive appropriate compensation, and the mechanism runs through the state RERA authority. In other words, the protection does not end with the builder's refusal; it gives you a forum to pursue. You can approach the concerned RERA authority, which decides the appropriate compensation, so the consequence of ignoring a valid defect notice falls on the promoter, not on you. This is exactly why buying in a RERA-registered project matters, and why verifying that registration up front is worthwhile, as we set out in our guide to verifying a project's RERA registration in Bengaluru.

That said, treat the compensation route as a backstop rather than a first resort. It works best when you have done the groundwork: a defect that clearly falls within the covered categories, a dated written notice, evidence that the thirty days passed without a proper fix, and a record of the possession date that puts you inside the five years. With those in hand, the case is strong. Without them, even a genuine defect becomes harder to press. There is also a practical middle path many buyers use before the formal route: acting together. Where a defect is common across a building, such as a shared plumbing or structural issue, the residents' association can raise it collectively, which carries more weight with a promoter than a single flat owner and spreads the effort of pursuing it. The individual right under Section 14(3) remains yours, but a united approach often gets the repair done faster.

Defect liability at a glance

Here is Section 14(3) distilled into the points that matter to a buyer.

The table is worth keeping because two details decide most disputes: whether the defect is within the five years and covered, and whether you notified the promoter in a way that is provable. Get those right and the rest of the protection falls into place.

What is your defect-liability checklist?

Use this from the day you take possession and whenever a defect appears.

1. Record and keep proof of the exact date possession was handed over.
2. Confirm the project is RERA-registered, so Section 14(3) applies.
3. When a defect appears, document it with photographs and dates.
4. Judge whether it is a construction or workmanship defect rather than your own wear and tear.
5. Send the promoter a written, dated notice describing the defect.
6. Allow the thirty-day period and keep a record of whether it was fixed.
7. If it is not rectified, approach the state RERA authority for compensation.

Frequently asked questions

How long is the RERA defect liability period?

It is five years from the date possession is handed over to you. Under Section 14(3) of the RERA Act, during this period the promoter must rectify covered defects without further charge if you bring them to notice. The clock starts at possession, so keeping proof of your possession date is important for relying on the protection later.

What kind of defects are covered?

Section 14(3) covers structural defects and defects in workmanship, quality and the provision of services, plus the promoter's other obligations. In practice this can include water seepage from construction failures, electrical and plumbing defects, and deficiencies affecting safety or approved specifications. The key is that the defect stems from how the project was built or delivered, not from your own ordinary wear and tear.

How quickly must the builder fix a defect?

Once you bring a covered defect to the promoter's notice within the five years, the promoter must rectify it without further charge within thirty days. The thirty-day clock runs from when the defect is actually notified, which is why you should raise it in writing with a date. A verbal complaint is easy to deny and does not clearly start the timeline.

What can I do if the builder refuses to fix it?

If the promoter fails to rectify a covered defect within the time allowed, you are entitled to appropriate compensation, decided through the state RERA authority. So the builder's refusal is not the end of the road; you have a forum to pursue. Your case is strongest when you have a dated written notice, evidence of the defect, and proof you are within the five years.

Last updated 2026-09-29. PropNewz Team.