Cracks and Seepage After Possession? The Five Year RERA Defect Rule for Mumbai Flat Buyers

Picture a family in Thane who took possession of their new flat in the summer of 2024. Two monsoons later, a damp patch spreads across the bedroom wall and a crack runs above the window frame. The builder's site office has closed and the sales team has moved on to the next tower. The family assumes the warranty, if there was one, has run out. Under the RERA Act, it almost certainly has not.

The short answer. Under Section 14 of the RERA Act, as explained in the Ministry of Housing and Urban Affairs' FAQs, the promoter is liable for five years from the date of handing over possession for structural defects or any other defect specified in the provision. The promoter's duty is to rectify such defects within 30 days, and if the promoter fails to do so, the aggrieved allottee is entitled to appropriate compensation as provided under the Act. The trade-off: the protection is strong on paper, but it runs from the possession date, needs a written record of when you reported the defect, and a complaint to MahaRERA takes time to decide.

How long is a builder liable for defects in a Mumbai flat?

Five years from possession. The Ministry of Housing and Urban Affairs' FAQs on the RERA Act, dated July 2025, say that under Section 14 the promoter shall be liable for five years from the date of handing over of possession to the allottee towards structural defect or any other defect as specified in the provision.

The start date matters more than anything else in that sentence. The clock runs from the date possession is handed over, not from the date of the agreement or the completion of the building. Your possession letter, or the handover record you signed, is the document that fixes it. If you took possession in mid 2024, the five year window runs to mid 2029.

The protection comes from a central law, so it applies to RERA registered projects in Mumbai and across Maharashtra in the same terms. What the Act leaves to the state is the procedure for complaints, which MahaRERA administers.

What must the builder do once you report a defect?

Fix it within 30 days. The MoHUA FAQs say it is the duty of the promoter to rectify such defects within 30 days, and if the promoter fails to do so, the aggrieved allottees shall be entitled to receive appropriate compensation as provided under the Act.

The 30 day period is only useful if you can prove when it started. Report the defect in writing, by email or by a letter whose delivery you can show, and describe it precisely: where it is, when you first noticed it, and what it looks like. Photographs with dates help. Phone calls to a site engineer, however friendly, leave no record.

Keep the language factual. You are not yet making a legal claim; you are creating the record that a claim will later rest on. If the promoter sends a team, note the date of the visit and what was done. If the work is partial or the defect returns, write again.

What happens if the builder does not fix it?

You can complain. The MoHUA FAQs say Section 31 of the Act provides for filing a complaint by an aggrieved person with the Regulatory Authority or the adjudicating officer, as the case may be, and that the form, manner and fees for the complaint are specified by rules made by the appropriate government. For a Mumbai flat, that is MahaRERA under the Maharashtra rules.

The FAQs also say the adjudicating officer is mandated to adjudicate disputes under Sections 12, 14, 18 and 19, and shall be a person who is or has been a District Judge. In deciding those disputes, the officer has regard to the amount of disproportionate gain or unfair advantage, the amount of loss, the repetitive nature of the default and other factors the officer considers necessary.

On timing, the FAQs say Section 29 requires the Authority to endeavour to dispose of complaints as expeditiously as possible but not later than sixty days from filing, recording reasons where it cannot. If an order is passed and not honoured, the enforcement tools we explained in our guide to what Mumbai buyers can do when a builder ignores a MahaRERA order come into play.

How does the defect route compare with other RERA remedies?

The defect liability provision is one of several the Act gives allottees. The table below sets out five, with what the MoHUA FAQs say about each:

The defect provision is the one in the table built around the years after you have moved in. That is why the possession date and your written defect reports carry so much weight: they are the facts the complaint will turn on.

What should a Mumbai buyer do at possession to protect the five years?

Start the record on day one. A careful handover inspection is the base line against which later defects are judged. Before signing the possession letter, walk through the flat with the promoter's representative and note anything visible, from seepage marks to cracked tiles and doors that do not close.

The occupancy certificate is part of the same moment. Section 19 of the Act, the FAQs say, entitles allottees to the necessary documents and plans related to the property after taking possession. We set out what to look for in the occupancy certificate itself in our guide to what Mumbai flat buyers should check in an OC.

Whether you are taking possession in a large township or in a project such as Prestige Horizon Heights in Kasarvadavali, Thane, keep a simple file with these items:

1. The possession letter or handover record showing the exact date possession was handed over.
2. A dated handover inspection note, signed if possible by the promoter's representative.
3. Dated photographs of every room, wall and ceiling at handover.
4. A copy of every written defect report you send, with proof of delivery.
5. A log of each promoter visit, with the date and the work done.
6. The project's MahaRERA registration number and the promoter's registered address.
7. A calendar note of the date five years after possession.

None of these steps costs money, and each one shortens the argument if a complaint is ever needed.

Does the defect protection matter if you buy the flat on resale?

It can. The MoHUA FAQs say that under Section 2(d) of the Act, an allottee includes a person who acquires the apartment or plot through transfer or sale, but does not include a person to whom it is given on rent. A Mumbai buyer purchasing a flat from its first owner is therefore an allottee in the Act's terms, while a tenant is not.

For a resale buyer, the practical question is how much of the five years is left. If the first owner took possession in mid 2024 and you buy in late 2026, roughly two and a half years of the window remain. Ask the seller for the original possession letter, any defect reports they sent, and the promoter's replies. Those papers tell you whether a known problem was reported in time and how the promoter responded.

If the seller has no record of reporting a visible defect, treat it as a price point in the negotiation rather than assuming the promoter will fix it later. The protection is easier to use when the paper trail starts with the first owner.

Does the five year period cover every problem in the flat?

It covers what the provision specifies. The MoHUA FAQs describe the liability as being towards structural defect or any other defect as specified in Section 14, and that is the wording to rely on. Whether a particular problem falls within it is a question the adjudicating officer decides on the facts.

Two practical points follow. First, describe the problem precisely rather than labelling it, because the description is what will be assessed. Second, report early. A defect reported in year one, with a clear record of the promoter's response, is a far stronger case than the same defect raised for the first time weeks before the five years end.

Frequently asked questions

How long is a builder responsible for defects under RERA?

Five years from the date possession is handed over. MoHUA's July 2025 FAQs on the RERA Act say that under Section 14 the promoter is liable for that period towards structural defect or any other defect as specified, and must rectify such defects within 30 days.

What can I claim if the builder does not repair the defect?

Compensation. The MoHUA FAQs say that if the promoter fails to rectify the defect within 30 days, the aggrieved allottee is entitled to receive appropriate compensation as provided under the RERA Act. For a Mumbai flat, the complaint goes to MahaRERA in the form its rules set.

When does the five year defect period start?

From the date of handing over possession to the allottee, according to MoHUA's FAQs on Section 14. Keep your possession letter or signed handover record, because that date fixes the end of the window. A flat handed over in mid 2024 is covered until mid 2029.

Who decides a defect complaint at MahaRERA?

Disputes under Section 14 are among those the adjudicating officer is mandated to decide, according to MoHUA's FAQs. The adjudicating officer is or has been a District Judge and considers factors such as the loss caused and whether the default is repetitive.

Last updated 2026-10-20. PropNewz Team.