Defects in a New Bengaluru Flat: RERA's Five-Year Liability and 30-Day Repair Rule

The first monsoon after moving in can reveal problems in a new Bengaluru home: a damp patch spreading on a bedroom wall, a crack running from a window corner, water collecting where it should drain. For a buyer, the question is not only how to fix it, but who pays. Under the Real Estate (Regulation and Development) Act, 2016, the answer for a defined period is the promoter.

The Ministry of Housing and Urban Affairs sets out that liability in its July 2025 FAQs on the Act. Its answer is short and specific: five years from handover, thirty days to fix, and compensation if the promoter does not. This guide explains how a Bengaluru buyer can use that rule, and the steps worth taking from the day of possession.

The short answer. MoHUA's FAQ says that "As per section 14(2), the promoter shall be liable for 5 years form the date of handing over of possession to the allottee towards structural defect or any other defect as specified therein," and that "It is the duty of the promoter to rectify such defects within 30 days and if promoter fails to do so, the aggrieved allottees shall be entitled to receive appropriate compensation as provided under the Act." Disputes under Section 14 go to the Adjudicating Officer, who is or has been a District Judge. The trade-off: the five-year window is generous, but it runs from handover, so a buyer who does not record the handover date and report defects in writing makes the claim harder to prove.

How long is a promoter liable for defects in a Bengaluru flat?

Five years from handover of possession. The FAQ states that under Section 14(2), "the promoter shall be liable for 5 years form the date of handing over of possession to the allottee towards structural defect or any other defect as specified therein."

Two points stand out. The clock starts at handover of possession to the allottee, not at booking or at the completion certificate. And the liability covers "structural defect or any other defect as specified therein," so the precise scope is in Section 14(2) of the Act itself. A buyer with a specific defect should read that provision, and the agreement for sale, to see how it is described.

How quickly must the promoter fix a defect?

Within thirty days. The FAQ says "It is the duty of the promoter to rectify such defects within 30 days." If the promoter does not, "the aggrieved allottees shall be entitled to receive appropriate compensation as provided under the Act."

The thirty-day period gives the buyer a clear benchmark. A written complaint to the promoter, dated and acknowledged, starts a record against which that period can be measured. Without one, the buyer may struggle later to show when the promoter was told.

Who decides a defect dispute, and how?

The Adjudicating Officer. The FAQ says this officer "is mandated to adjudicate on disputes arising under section 12, 14, 18 and section 19" and "shall be a person who is or has been a District Judge." Section 14 disputes are in that list.

In deciding, the FAQ says the Adjudicating Officer has regard to "the amount of disproportionate gain or unfair advantage, the amount of loss, repetitive nature of the default and such other factors that the Adjudicating Officer may consider necessary in furtherance of justice." For a buyer, the second factor matters most: evidence of the loss suffered, such as repair estimates, photographs and receipts, supports a compensation claim.

The wider complaint process is set out in the same FAQ. It says "Section 31 of the Act provides for filing of complaint by an aggrieved with the Regulatory Authority or Adjudicating Officer, as the case may be," with the form, manner and fees "specified by Rules to be made by the appropriate Government." Appeals go to the Appellate Tribunal, which the FAQ describes as "a quasi-judicial body, which is empowered to hear appeals from the orders / decisions / directions of the Regulatory Authority or the Adjudicating Officer," and from there "Any person aggrieved by the decision or order of the Appellate Tribunal can file and appeal with the High Court."

Can a buyer go to a consumer forum instead?

Yes, but not to both. The FAQ says that under Section 79, civil courts are barred from matters the RERA bodies can determine, but "the consumer forums (National, State or District) have not been barred from the ambit of the Act." It adds that the Section 71 proviso lets a complainant withdraw a complaint on matters under sections 12, 14, 18 and 19 from the consumer forum and file it with the Adjudicating Officer.

It is also clear on duplication: "The laws of the country do not permit forum shopping, thus, an aggrieved can only approach one of the two for disputes over the same matter." A Bengaluru buyer should choose one route, ideally after legal advice.

What the promoter promised also matters. The FAQ says that under Section 12, "the promoter is responsible for the veracity of all information contained in the advertisement and the prospectus," and that in case of loss due to false information, "the promoter is liable to make good the loss sustained due to the same." If a brochure described materials or fittings that were not delivered, keep it with your defect records, since Section 12 disputes also go to the Adjudicating Officer.

Does the liability pass to a resale buyer?

The definition of allottee covers resale buyers. The FAQ says that under Section 2(d), an allottee "includes a person who acquires the said apartment / plot through transfer or sale, but does not include a person to whom such plot, apartment is given on rent." A Bengaluru buyer who purchases a flat from its first owner within the five-year window should therefore ask for the original handover date, since the period runs from that date.

For buyers looking at recently completed projects, such as Prestige Rosewood in Varthur, the handover dates of the towers and any defect complaints already raised through the association are useful questions to ask the seller.

What should be recorded at handover?

The date, the condition and the documents. The FAQ lists among allottees' rights the entitlement "to necessary documents and plans related to the property after taking possession," and among their duties the "responsibility to take possession." Taking possession with a written record of the date, and a list of visible defects signed by both sides, sets up any later claim.

The certificates matter too. Our explainer on the difference between an OC and a CC covers what each certifies, and our guide to a buyer's own duties under Section 19 explains the obligations that run alongside these rights.

Common area defects are a shared concern. The FAQ says Section 17 provides for transfer of "the undivided proportionate title in the common areas of project to the association of the allottees," and that the promoter must hand over "the necessary documents and plans to the association." An association that holds the building's plans is better placed to document defects in lifts, terraces or basements.

If the promoter ignores an order, recovery and penalties follow. The FAQ says that if a promoter "fails to pay any interest, penalty, or compensation imposed by the adjudicating officer, Regulatory Authority, or Appellate Authority under the RERA Act, the amount becomes recoverable as an arrear of land revenue." Under Section 63, a promoter who does not comply with the Authority's orders is liable to a daily penalty that may cumulatively extend up to five percent of the estimated cost of the project.

What should a Bengaluru buyer do about defects?

1. Record the date of handover in writing, signed or acknowledged by the promoter.
2. Walk the flat at handover and list visible defects, with photographs, in a document both sides sign.
3. Report any defect that appears later in writing, by email or letter, and keep the acknowledgement.
4. Note the date of each report and check whether the promoter rectifies within 30 days.
5. Keep repair estimates, receipts and photographs as evidence of the loss suffered.
6. For common area defects, raise the issue through the allottees' association with the building plans.
7. If the defect is not fixed, choose one forum, RERA's Adjudicating Officer or a consumer forum, and take legal advice on timing.

Frequently asked questions

How long is a builder liable for structural defects under RERA?

MoHUA's RERA FAQ says that under Section 14(2), the promoter is liable for five years from the date of handing over possession to the allottee for structural defects or any other defect specified in the section. The period runs from handover, so buyers should record the possession date in writing.

How many days does the promoter have to fix a defect?

According to MoHUA's FAQ, it is the duty of the promoter to rectify such defects within 30 days. If the promoter fails to do so, the aggrieved allottees are entitled to receive appropriate compensation as provided under the Act. A dated written complaint helps establish when the period began.

Who hears a structural defect complaint under RERA?

MoHUA's FAQ says the Adjudicating Officer is mandated to adjudicate disputes under sections 12, 14, 18 and 19, and is a person who is or has been a District Judge. The officer considers factors such as unfair gain, the amount of loss and the repetitive nature of the default.

Does a resale buyer get the five-year defect protection?

MoHUA's FAQ says that under Section 2(d), an allottee includes a person who acquires an apartment or plot through transfer or sale, but not a tenant. Since the five-year period runs from the original handover, a resale buyer should ask the seller for that date and any defect complaints already raised.

This article explains the Ministry of Housing and Urban Affairs' general FAQs for information only and is not legal advice. The FAQ itself notes it is not a final interpretation of the Act.

Last updated 2026-11-09. PropNewz Team.