A family in Perumbakkam moved into their new flat in early 2025, relieved that the long wait for possession was finally over. Eight months later a diagonal crack appeared along a load bearing wall, and the builder's site office suggested it was cosmetic and that the handover was complete, so nothing more was owed. The family assumed the same, until a neighbour pointed out that the law gives a Chennai buyer specific rights that survive long after the keys change hands. Possession is not the end of the builder's duties. For structural problems, the clock the law cares about runs for five years, not until the day you take the keys.

The short answer. Under the Real Estate (Regulation and Development) Act, 2016, several builder obligations continue after possession and even after the conveyance deed is signed. If you report a structural defect, or a defect in workmanship, quality or promised services, within five years of taking possession, the promoter must repair it within thirty days at no further charge, and if they fail, you are entitled to compensation. Separately, the builder cannot rework the sanctioned plans or common areas of your project without the written consent of at least two thirds of the allottees. The trade off to understand is that these rights are real but time bound and evidence driven: you must raise a defect in writing, within the five year window, or the strongest protection lapses.

What does RERA still protect after you get the keys?

RERA keeps the builder responsible for the project well beyond the moment of possession. The Act makes the promoter responsible for all obligations to the allottees until the conveyance of every apartment, and it expressly states that liability "with respect to the structural defect or any other defect for such period as is referred to in sub-section (3) of section 14, shall continue even after the conveyance deed of all the apartments, plots or buildings ... are executed." In plain terms, signing the conveyance deed does not switch off the defect liability. The promoter also remains responsible for obtaining the completion or occupancy certificate from the competent authority and making it available to you or your allottees association. So the handover of keys is a milestone, not a full and final settlement of what the builder owes you.

What is the five year structural defect rule, exactly?

If a structural or workmanship defect is reported within five years of possession, the builder must fix it within thirty days, free of cost. The Act's own words are that where a 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 ... is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days." If the builder fails to rectify within that time, "the aggrieved allottees shall be entitled to receive appropriate compensation." Three things follow for a Chennai buyer. The five year count starts from your possession date, so record it. The report must reach the builder, which is why written notice matters. And the remedy is a free repair first, with compensation as the fallback if they ignore you.

Can the builder change the sanctioned plan or common areas after you book?

No, not the sanctioned plans, layout or common areas, without the written consent of at least two thirds of the allottees. The Act bars a promoter from making additions or alterations to the sanctioned plans, layout plans and specifications, or the common areas, "without the previous written consent of at least two-thirds of the allottees, other than the promoter." This is a powerful protection against the common grievance where a promised garden, clubhouse or open area quietly shrinks after buyers have paid. There is a narrow exception: the promoter may make minor alterations that you yourself request, or minor changes needed for architectural or structural reasons that an authorised architect or engineer recommends and verifies, after telling you. The Act is careful to say that these minor changes exclude structural change, any addition to the area, a change in height, or the removal of part of a building. So genuine structural or layout changes still need that two thirds consent.

Where do sanctioned plans come from, and how do you check them?

Sanctioned plans are the plans approved by the competent authority, and the Act requires the builder to display them at the project. Among the promoter's disclosure duties, the Act lists "sanctioned plans, layout plans, along with specifications, approved by the competent authority, by display at the site" together with the stage wise completion schedule and provisions for water, sanitation and electricity. For a buyer this is your reference document: what you were promised is what is approved and displayed, not what a brochure or a sales pitch claimed. Before you accept possession, compare the flat and the common areas against the sanctioned plan, because a mismatch discovered now is far easier to raise than one you notice years later. If you are still at the verification stage, our guide on how to check patta and chitta land records in Tamil Nadu helps you confirm the land itself is clean.

What counts as a structural defect, and what does not?

A structural defect is a fault in the building's construction, workmanship, quality or the services the builder promised, not ordinary wear from daily use. The Act ties the five year duty to defects in "workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale," which points you back to what your agreement actually specified. Cracks in load bearing elements, water seepage from poor construction, failed waterproofing, or fittings and services that fall short of the agreed specification tend to fall within this protection. Normal wear, damage you cause, or changes you make yourself do not. Because the boundary can be genuinely arguable, document the defect with dated photographs and, where useful, an independent engineer's note, so that a builder cannot simply label a real construction fault as cosmetic. The table below sets out how different situations are treated.

How do you enforce these post possession rights in Chennai?

You enforce them by giving the builder written notice within the five year window, and escalating to Tamil Nadu RERA if they do not respond. The practical route is a dated written complaint to the promoter describing the defect, with photographs and a reference to your agreement, keeping proof of delivery. If the builder does not rectify within thirty days, you can approach the Tamil Nadu Real Estate Regulatory Authority for relief, since the Act allows an aggrieved person to file a complaint with the Authority. Keep your possession letter, the conveyance deed, the agreement for sale and every piece of correspondence together, because your case rests on showing the defect was raised inside the five year period. If you are still comparing the overall cost of your purchase, our explainer on stamp duty and registration charges in Chennai sets out the numbers around registration.

Your post possession rights checklist for a Chennai flat

Use these seven steps to keep your RERA protections alive after you take the keys.

1. Record your exact possession date in writing, since the five year defect clock starts from it.
2. Collect and store the sanctioned plans, agreement for sale, possession letter and conveyance deed together.
3. Inspect the flat and common areas against the sanctioned plans before and just after possession.
4. Photograph any defect with a visible date and, where useful, get an independent engineer's note.
5. Report every defect to the builder in writing, keeping proof that the notice was delivered.
6. Track the thirty day repair window, and note if the builder fails to rectify in time.
7. If there is no fair response, file a complaint with Tamil Nadu RERA and attach your full record.

Frequently asked questions

Does the builder's responsibility end once I take possession in Chennai?

No. Under RERA, the promoter's liability for structural and other specified defects continues even after the conveyance deed is signed, for the period set in Section 14. The builder also remains responsible for obtaining the completion or occupancy certificate. So possession is a milestone, not a final settlement, and several duties survive the handover of keys.

How long do I have to report a structural defect under RERA?

You have five years from the date of handing over possession to bring a structural or workmanship defect to the builder's notice. Once reported within that window, the promoter must rectify it within thirty days at no further charge, and if they fail, you are entitled to appropriate compensation. Record your possession date so the five year period is clear.

Can a builder reduce the clubhouse or garden after I have booked?

Not freely. RERA bars a promoter from altering the sanctioned plans, layout or common areas without the written consent of at least two thirds of the allottees. Minor changes you request, or minor changes an architect certifies as necessary, are allowed, but structural changes, height changes or area changes are excluded and still require that consent.

What proof should I keep to enforce these rights?

Keep your possession letter, agreement for sale, sanctioned plans, conveyance deed and every written complaint with proof of delivery. Photograph defects with a visible date and, where the issue is arguable, add an independent engineer's note. Because the protection depends on showing a defect was raised within five years, dated written evidence turns a right into an enforceable claim.

Last updated 2026-07-19. PropNewz Team.