Cracks, Leaks and Faulty Sumps: The Five-Year RERA Defect Window for Hyderabad Flat Owners
Section 14(3) of the RERA Act requires a promoter to rectify structural and workmanship defects reported within five years of handing over possession, without charge, within thirty days. This guide covers the window, the conveyance proviso, complaints under Section 31 and compensation under Sections 71 and 72.
Picture the first monsoon after moving in to a new Hyderabad flat. A damp patch spreads under a bathroom on the floor above, a crack runs across a living room wall, or the sump motor that serves the tower keeps tripping. The question that follows is always the same: is the builder still on the hook, now that the keys have been handed over and the sale deed is registered?
Under the Real Estate (Regulation and Development) Act, 2016, the answer for a defined period is yes. This guide walks through what the Act says about defects after possession, how long the window runs, what the builder must do once told, and how an owner or an association can take it further.
The short answer. Section 14(3) of the Act says that if a structural defect, or any other defect in workmanship, quality or provision of services, or any other obligation of the promoter under the agreement for sale, is brought to the promoter's notice by the allottee within five years from the date of handing over possession, the promoter must rectify it without further charge within thirty days. If the promoter fails, the allottee is entitled to compensation in the manner the Act provides. Section 11(4)(a) says this responsibility continues even after the conveyance deeds are executed. The trade-off: the protection is real, but it runs on notice and dates. A defect you notice but never report in writing, inside the five years, is much harder to enforce.
What does Section 14(3) actually cover?
More than cracks in concrete. In the text of the Act published by the Telangana regulator, Section 14(3) refers to 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.
That wording has three parts that matter to an owner. Structural defects are the obvious category. Defects in workmanship and quality cover the finishing a buyer actually lives with, such as poor waterproofing, plumbing or tiling, provided the defect is one the owner can show. And the reference to the promoter's obligations under the agreement for sale ties the clause back to what the builder promised in writing, which is why the agreement's specifications schedule is worth keeping safe.
The Act does not list specific defects, so whether a given problem qualifies is a question of fact. Expect to show that the issue is a defect in the work or a shortfall against the agreement, not wear and tear or damage caused by later changes inside the flat.
When does the five-year clock start and stop?
It starts on the date of handing over possession. Section 14(3) measures the five years from that date, not from the date of the occupancy certificate, the sale deed or the agreement for sale. That makes the possession letter, or whatever document records the handover date, one of the most important papers an owner holds.
The Act's test is that the defect is brought to the notice of the promoter within that period. So if possession was handed over on 15 November 2026, the window under Section 14(3) runs for five years from that date. A defect reported in writing on 1 March 2028 falls well inside it, and the thirty-day period for rectification would run from the date the promoter was told.
Because the Act measures the window from the date of handing over possession, a resale buyer should ask the seller for the original possession letter and any defect correspondence with the builder.
| Question | What the Act says | Section |
|---|---|---|
| How long is the defect window? | Five years from the date of handing over possession | Section 14(3) |
| What kinds of defects? | Structural defects, defects in workmanship, quality or provision of services, or other obligations under the agreement for sale | Section 14(3) |
| How fast must the builder act? | Rectify without further charge within thirty days | Section 14(3) |
| Does conveyance end the duty? | No, the responsibility for the Section 14(3) period continues after conveyance deeds are executed | Section 11(4)(a) |
| Who decides compensation? | An adjudicating officer who is or has been a District Judge | Section 71(1) |
What must the builder do once told?
Fix it, at no cost to the owner, within thirty days. Section 14(3) says it shall be the duty of the promoter to rectify such defects without further charge, within thirty days. The phrase without further charge matters: within the window, the repair is the promoter's duty, not a billable service.
If the promoter fails to rectify within that time, the same subsection says the aggrieved allottees shall be entitled to receive appropriate compensation in the manner provided under the Act. The Act does not fix a sum. Compensation is decided case by case, as the next section explains.
Does a registered sale deed end this? No. Section 11(4)(a) makes the promoter responsible for its obligations until conveyance of all the apartments and common areas, and its proviso says that the responsibility of the promoter with respect to the structural defect or any other defect for the period referred to in Section 14(3) shall continue even after the conveyance deeds of all the apartments are executed. So handing over the association's documents, or registering every flat, does not close the five-year window.
How can an owner or association take it further?
By complaint under Section 31. Section 31(1) says any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the Act or the rules and regulations against any promoter, allottee or real estate agent. Its Explanation says person includes the association of allottees or any voluntary consumer association registered under any law. Section 31(2) leaves the form, manner and fees for filing to regulations.
That Explanation is useful for defects in shared parts of a building. Section 2(n) of the Act defines common areas to include lifts, staircases, terraces, water tanks, sumps, motors and installations of central services such as electricity, water and sanitation. When a defect affects many flats or a shared system, the association can file the complaint itself. Our earlier report on who can file a TG-RERA complaint under Section 31 covers that route.
For compensation, Section 71(1) says that for adjudging compensation under sections 12, 14, 18 and 19, the Authority shall appoint one or more judicial officers who are or have been District Judges as adjudicating officers. Section 71(2) says the adjudicating officer shall deal with the application as expeditiously as possible and dispose of it within sixty days from receipt, and record reasons in writing if that cannot be done. Section 72 lists the factors the officer must consider: the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default; the amount of loss caused; the repetitive nature of the default; and any other factors the officer considers necessary in furtherance of justice.
The practical reading is that evidence of loss matters. An owner who has repair quotes, photographs, and dated correspondence showing the promoter was told and did not act within thirty days is in a stronger position than one who only describes the problem.
What should an owner do in the first weeks after possession?
Build the paper trail early. Section 19(5) says the allottee is entitled to have the necessary documents and plans, including those of common areas, after physical possession is handed over. Section 17(2) says that after the occupancy certificate and handover, the promoter must hand over the necessary documents and plans, including common areas, to the association of allottees, and in the absence of a local law, within thirty days after obtaining the occupancy certificate.
Those plans help an owner or engineer judge whether a problem is a defect against what was sanctioned. Section 14(1) requires the project to be developed and completed in accordance with the sanctioned plans, layout plans and specifications approved by the competent authorities.
Use this checklist from the day you take the keys.
- Keep the possession letter or handover note, because the five-year window under Section 14(3) runs from the date of handing over possession.
- Keep the agreement for sale and its specifications schedule, which define the promoter's obligations the clause refers to.
- Photograph the flat on handover day, room by room, with dates visible in the file data.
- Report every defect to the promoter in writing, by email or letter, and keep proof of delivery.
- Note the date thirty days after each written report, the period Section 14(3) allows for rectification.
- For shared systems such as lifts, sumps or the terrace, route the complaint through the association of allottees.
- If the defect is not fixed within thirty days, collect repair quotes and evidence of loss before approaching the Authority or adjudicating officer.
Where does this leave a Hyderabad buyer still choosing a project?
With a reason to read the handover terms before booking. A buyer comparing projects, for instance one evaluating Aparna Garnet in Gopanpally, can ask the promoter how defect reports are logged after possession, who the contact is, and how quickly repairs are usually scheduled. None of that replaces Section 14(3), but a clear process makes the statutory window easier to use.
The association matters here too. Our report on TG-RERA, the association of allottees and conveyance explains how owners organise, which in turn decides how efficiently shared defects get raised and tracked.
Frequently asked questions
How long is the builder liable for defects under RERA?
Section 14(3) of the RERA Act covers defects brought to the promoter's notice within five years from the date of handing over possession. The promoter must rectify them without further charge within thirty days. If it fails, the aggrieved allottees are entitled to appropriate compensation in the manner provided under the Act.
Does the defect liability end once the sale deed is registered?
No. Section 11(4)(a) of the RERA Act says the promoter's responsibility for structural or other defects for the period in Section 14(3) continues even after the conveyance deeds of all the apartments, plots or buildings are executed. Registration of the sale deed does not close the five-year defect window that runs from possession.
Can the association of allottees file a defect complaint?
Yes. Section 31(1) lets any aggrieved person file a complaint with the Authority or the adjudicating officer, and its Explanation says person includes the association of allottees or a registered voluntary consumer association. The form, manner and fees for filing are set by regulations under Section 31(2).
Who decides compensation for an unrepaired defect?
Under Section 71(1), compensation under sections 12, 14, 18 and 19 is adjudged by an adjudicating officer who is or has been a District Judge. Section 72 asks the officer to consider unfair gain, the loss caused, the repetitive nature of the default and other factors in furtherance of justice.
Last updated 2026-10-26. PropNewz Team.
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