Two years after moving into a Thane tower, a family noticed hairline cracks spreading across a bedroom wall, then damp creeping along the ceiling below the terrace. The builder's site office told them the warranty period was over and the society should handle it. That answer was wrong, and expensively so. The Real Estate (Regulation and Development) Act, 2016 gives buyers a defined window after possession during which structural and other specified defects remain the promoter's problem, and it is considerably longer than most sales teams admit.

The short answer. Under Section 14 of the Act, a promoter may make only minor additions or alterations to sanctioned plans after approval of the competent authority and disclosure to allottees, while any major modification requires the approval of two thirds of the allottees. Under Section 14(2), the promoter is liable for five years from the date of handing over possession for structural defects or other specified defects, and must rectify them within 30 days. The trade off: the protection is strong on paper, but it runs from the date of possession, so the clock is already ticking while you are still settling in.

Can a builder change the sanctioned plan after you book?

Only within limits, and never silently. As the Ministry of Housing and Urban Affairs explains in its official FAQs on the Real Estate Act, under Section 14 the promoter can only modify or amend the sanctioned plans or project specifications after the approval of the competent authority and its disclosure to the allottees, in case of minor additions or alterations.

The word disclosure matters. Even for a minor change, the buyer is meant to be told, and the competent authority is meant to have approved it. A change that appears in the finished building but never appeared in any communication to allottees is not how the section is designed to operate. For a Mumbai buyer, this is the provision that stands between the layout in the brochure and the layout you actually receive.

What counts as a major modification, and who decides?

For major changes the decision moves to the buyers themselves. The Ministry FAQs state that in the case of a major modification or alteration, the promoter has to take the approval from two thirds of the allottees before modifying the sanctioned plans or project specification. This is a genuine consent requirement, not a consultation exercise, and it puts a collective veto in the hands of the people who paid for the project.

Two details make that vote fairer than it first appears. The FAQs specify that for arriving at the number of two thirds of allottees, the number of apartments held by the promoter will be excluded. They also confirm that irrespective of the number of apartments held by an allottee, he or she shall only be entitled to one vote. Together these stop a promoter from voting through their own changes using unsold stock, and stop a single large investor from outweighing ordinary buyers.

How long is a builder liable for defects after possession?

Five years from the date possession is handed over. The Ministry FAQs record that as per Section 14(2), the promoter shall be liable for five years from the date of handing over of possession to the allottee towards structural defects or any other defect as specified in that provision. This is the answer to the site office that claims a one year warranty has expired.

There is also a fixed repair window. The FAQs state that 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 table below sets the timeline out plainly, because the dates are what buyers most often get wrong.

Because the five years run from possession rather than from when a defect appears, the practical advice is to inspect thoroughly and early. A defect noticed in year four still falls inside the window, but the evidence trail is much stronger when problems are reported as they emerge.

How should you report a defect so the clause actually works?

In writing, promptly, and to the promoter rather than only to the site supervisor. A written report creates the dated record that makes the 30 day rectification duty meaningful. Photographs, the date you first noticed the issue, and the specific location within the unit or common area all help, particularly if the matter later goes to the regulator.

Keep the possession documentation together with the defect correspondence. Your possession date is the anchor for the entire five year period, and the handover paperwork is what proves it. Our guide to the difference between an occupancy certificate and a completion certificate explains the documents that surround handover, and those are the papers that establish when your liability window opened.

Who decides a dispute if the builder refuses?

A dedicated adjudicating officer, and the Act names the disputes they handle. The Ministry FAQs state that the adjudicating officer is a quasi judicial person mandated to adjudicate on disputes arising under Sections 12, 14, 18, and 19, and that the adjudicating officer shall be a person who is or has been a District Judge. Section 14 disputes, which include defect liability and unauthorised plan changes, sit squarely within that list.

The FAQs also note what the officer weighs when deciding. In disputes under Sections 12, 14, 18, and 19, the adjudicating officer is to have regard to the amount of disproportionate gain or unfair advantage, the amount of loss, the repetitive nature of the default, and other factors considered necessary in furtherance of justice. A promoter with a pattern of the same default across buyers is therefore in a weaker position than one with an isolated lapse.

Does the Act cover everything that goes wrong in a flat?

No, and it is worth being precise about the limits. Section 14(2) covers structural defects and other defects as specified in that provision, which is not the same as an open ended promise that every fault will be fixed for five years. Ordinary wear and tear, damage caused by the occupant, and changes a buyer makes themselves sit outside what the promoter is answerable for.

Two related obligations are worth knowing because buyers often assume they already apply in full. The Ministry FAQs note that under Section 16 the promoter is required to seek insurance of the real estate project towards the title of the land and towards construction, but the same FAQs record that this provision comes into effect only after, and in the manner, notified by the appropriate Government. Separately, Section 17 deals with the promoter's obligation regarding transfer of title of the apartment or plot, which is the step that formally moves ownership to you.

The practical lesson is to check the current position rather than assume a protection is live. A provision that exists in the Act but awaits notification in your state is not something to rely on when deciding whether to buy, and a sales pitch that describes a project as fully insured deserves the same written confirmation you would ask for on any other claim.

The Act also works alongside your other protections rather than replacing them. Funding discipline is covered by the separate account rules explained in our piece on the RERA 70 percent separate bank account rule, while Section 14 governs what gets built and what happens if it is built badly. A buyer who understands both is far harder to fob off at the site office.

A defect and plan change checklist for Mumbai buyers

Run these seven steps around possession and the years that follow.

1. Save the sanctioned plan and specifications you were shown before booking.
2. Ask in writing whether any modification has been approved and disclosed since then.
3. For any major change, ask whether two thirds allottee approval was obtained.
4. Record your exact possession date and keep the handover documents together.
5. Inspect the unit and common areas carefully in the first weeks, not the first year.
6. Report every defect in writing with photographs and the date you noticed it.
7. Track the 30 day rectification window from the date you reported each defect.

These habits cost nothing while the relationship with the builder is still cordial, and they are exactly what you will wish you had if it stops being cordial later.

Frequently asked questions

How long is a builder responsible for defects under RERA? Five years from the date of handing over possession. The Ministry of Housing and Urban Affairs FAQs state that under Section 14(2) the promoter is liable for that period towards structural defects or any other defect specified in the provision, which is far longer than the warranty many sales teams describe.

Can a builder change the layout without telling buyers? No. Under Section 14 a promoter may make minor additions or alterations only after approval of the competent authority and disclosure to the allottees. Any major modification or alteration requires the approval of two thirds of the allottees before the sanctioned plans or specifications are changed.

How is the two thirds allottee approval counted? The Ministry FAQs confirm that apartments held by the promoter are excluded when arriving at the number of two thirds of allottees. They also state that irrespective of how many apartments an allottee holds, that allottee is entitled to only one vote, which keeps the count fair between buyers.

What if the builder ignores a reported defect? The promoter has a duty to rectify specified defects within 30 days. The Ministry FAQs state that if the promoter fails to do so, the aggrieved allottees are entitled to receive appropriate compensation as provided under the Act, and Section 14 disputes are decided by an adjudicating officer who is or has been a District Judge.

Last updated 2026-07-25. PropNewz Team.