Defects After Possession in Bengaluru: The Five Year RERA Rule Explained
Section 14(3) of the RERA Act gives Bengaluru flat owners five years from possession to report structural and workmanship defects, which the promoter must fix free within thirty days. Here is what the rule covers and how to use it.
The first monsoon after moving in is when some Bengaluru apartment owners discover what the brochure never showed. A damp patch spreads across a bedroom wall. A crack runs along the balcony slab. Water collects in the basement after every heavy shower. The builder's site office has closed, the sales team has moved on to the next project, and the question is simple: who pays to fix it?
The Real Estate (Regulation and Development) Act, 2016 answers that question in one sub-section. Section 14(3) puts a five year defect liability on the promoter, with a thirty day deadline to fix what is reported. This guide reads the provision as published in the Gazette of India, explains how it interacts with the rest of the Act, and sets out how a Bengaluru buyer can use it.
The short answer. Under section 14(3) of the RERA Act, if any 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 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 aggrieved allottees are entitled to appropriate compensation under the Act. Section 11(4)(a) adds that this responsibility continues even after the conveyance deeds are executed. The trade-off: the protection is strong, but it depends on the buyer reporting the defect in writing within the five years, so a missing paper trail can weaken an otherwise good claim.
What exactly does section 14(3) cover?
The Gazette of India copy of the RERA Act sets out section 14(3) in a single sentence. It applies 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.
Three things stand out in that wording. First, it is not limited to structural defects. Workmanship, quality and the provision of services are named separately. Second, it reaches any other obligation of the promoter under the agreement for sale, which ties the defect liability to what you were promised in writing. Third, the five year clock runs from the date of handing over possession, not from the date of the occupancy certificate or the sale deed.
The duty that follows is equally specific. It shall be the duty of the promoter to rectify such defects without further charge, within thirty days. In the event of the promoter's failure to rectify within that time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner provided under the Act.
Does the liability end once the conveyance deed is signed?
No, and this is an easy point to miss. Section 11(4)(a) of the Act makes the promoter responsible for all obligations under the Act, the rules, the regulations and the agreement for sale until the conveyance of all the apartments, plots or buildings to the allottees, and of the common areas to the association of allottees or the competent authority.
The proviso to section 11(4)(a) then goes further. It says 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 deed of all the apartments, plots or buildings to the allottees is executed.
In practice, that means a registered sale deed does not close the door on a defect claim. If a defect surfaces in year three, the five year window from possession still applies. Our earlier guide on conveyance of the flat and common areas under section 17 explains when that deed is due.
How do the key parts of section 14(3) compare?
The table below breaks the sub-section into the parts a buyer needs to track, with what each one means in practice.
| Element | What the Act says | What it means for a buyer |
|---|---|---|
| Defects covered | Structural defects and defects in workmanship, quality or provision of services | Leaks, cracks and faulty services can all be raised |
| Other obligations | Any other obligation of the promoter under the agreement for sale | Your agreement's specifications become part of the test |
| Reporting window | Within five years from the date of handing over possession | Record your possession date carefully |
| Promoter's deadline | Rectify without further charge within thirty days | Note the date your written notice was received |
| If not fixed | Aggrieved allottees entitled to appropriate compensation under the Act | Keep evidence for a compensation claim |
Two practical consequences follow. The possession date matters more than any other date in your file, because it starts the five year clock. And the date your written notice reaches the promoter matters next, because it starts the thirty day clock.
How do you report a defect so that it counts?
The Act speaks of a defect being "brought to the notice of the promoter". It does not prescribe a form for that notice in section 14(3), so the safest course is a written notice that you can prove was delivered. An email to the promoter's registered address, a letter with acknowledgement, or both, gives you a dated record.
Describe the defect plainly, with location, date first noticed and photographs. Where the defect is in a common area, such as a basement leak or a lift fault, coordinate with your association so that one clear notice goes out on behalf of the affected owners. The Act refers to "the aggrieved allottees", which leaves room for a joint claim where many owners are affected.
Keep a copy of your possession letter or handover document with the notice. If the promoter later disputes when possession was handed over, that document will answer the question. Our possession handover checklist for Bengaluru flats lists what to collect on the day you take the keys.
What if the promoter does not fix the defect?
If thirty days pass without rectification, section 14(3) says the aggrieved allottees shall be entitled to receive appropriate compensation in the manner provided under the Act. Section 31 of the Act allows any aggrieved person to file a complaint with the Authority or the adjudicating officer for any violation or contravention of the Act.
Section 71 deals with how compensation is adjudged. It says that for the purpose of adjudging compensation under sections 12, 14, 18 and 19, the Authority shall appoint an adjudicating officer, who holds an inquiry after giving the person concerned a reasonable opportunity of being heard. Section 72 lists factors the adjudicating officer shall have due regard to, including the amount of disproportionate gain or unfair advantage made as a result of the default, the amount of loss caused as a result of the default, and the repetitive nature of the default.
The Act also sets a pace for these claims. Section 71(2) says an application for adjudging compensation shall be dealt with by the adjudicating officer as expeditiously as possible and disposed of within a period of sixty days from the date of receipt. Where that is not possible, the adjudicating officer shall record the reasons in writing. Section 71(3) gives the adjudicating officer power to summon people acquainted with the facts and to call for documents, and to direct payment of compensation or interest if satisfied that the promoter has failed to comply.
For a buyer, the sixty day target is a reason to file a complete application at the outset, with the possession letter, the written defect notices, proof of delivery and evidence of loss attached, rather than adding papers later.
Section 72's list of factors is also a useful guide for building your file. Evidence of the loss you suffered, such as repair quotes, damage to belongings or the cost of alternative arrangements, speaks directly to the second factor.
What should a Bengaluru buyer do from the day of possession?
The five year protection works best when the paperwork starts on day one. Use this checklist:
- Keep the dated possession letter or handover document safe.
- Photograph walls, ceilings, balconies and fittings on the day of possession.
- Keep the agreement for sale and its specifications schedule with your records.
- Report any defect in writing to the promoter's registered address, with photographs.
- Note the date the promoter received each notice and track the thirty days.
- Coordinate common area defects through the association with one clear notice.
- Keep repair quotes and evidence of loss in case compensation is needed.
Five years can feel like a long time on the day you move in. It passes quickly once the first few monsoons have tested the building, so put the possession date in your calendar with a reminder well before the window closes.
What do Bengaluru buyers ask about defect liability under RERA?
How long is the defect liability period 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, and if it fails, the aggrieved allottees are entitled to appropriate compensation in the manner provided under the Act.
Does RERA defect liability cover only structural defects?
No. Section 14(3) names structural defects and also any other defect in workmanship, quality or provision of services, as well as any other obligation of the promoter under the agreement for sale. That wording is wider than structural damage alone and links the liability to what the agreement promised.
Does the defect liability end after the sale deed is registered?
No. The proviso to section 11(4)(a) says the promoter's responsibility for structural or other defects, for the period in section 14(3), continues even after the conveyance deed of all apartments is executed. The five year window still runs from the date possession was handed over.
What happens if the builder does not fix the defect in thirty days?
Section 14(3) says the aggrieved allottees are then entitled to appropriate compensation in the manner provided under the Act. Section 71 provides for an adjudicating officer to adjudge compensation under section 14, and section 72 lists factors such as the loss caused and the repetitive nature of the default.
Last updated 2026-10-18. PropNewz Team.
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