Bought a Resale Flat With a Leak? How RERA's Five-Year Defect Window Works for Bengaluru Buyers

A couple in Bengaluru buys a three-year-old flat from its first owner. The price is fair, the society is settled, and the paperwork looks clean. Six months later, water seeps through the ceiling of the second bedroom, and the plumber says the problem is in a concealed line laid during construction. The seller has moved to another city. The builder's office says it only deals with original buyers. Is that right?

The Real Estate (Regulation and Development) Act, 2016 suggests the answer is not that simple. The Act's definition of allottee reaches people who acquire a flat after the first sale, and its defect clause runs from the date possession was first handed over, not from the date you bought. This guide explains how those pieces fit together for a resale buyer, which dates matter, and what to collect from the seller before signing.

The short answer. Section 2(d) of the RERA Act defines allottee to include the person who subsequently acquires the allotment through sale, transfer or otherwise, though not a tenant. Section 14(3) says that if a structural defect or a defect in workmanship, quality or provision of services is brought to the promoter's notice by the allottee within five years from the date of handing over possession, the promoter must rectify it without further charge within thirty days. The trade-off: a resale buyer may step into that protection, but the five years started when the first owner got the keys, so a flat bought in year four leaves very little window, and you need the original possession date to prove it.

Is a resale buyer an allottee under RERA?

The definition is wide enough to include one. In the text of the Act hosted by the Telangana regulator, Section 2(d) says allottee, in relation to a real estate project, means the person to whom a plot, apartment or building has been allotted, sold, whether as freehold or leasehold, or otherwise transferred by the promoter, and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise, but does not include a person to whom such plot, apartment or building is given on rent.

Two parts matter for a resale buyer. The words includes the person who subsequently acquires bring a later purchaser within the definition. The exclusion of a person given the flat on rent means tenants are not allottees.

How the definition applies to a particular resale, including whether the acquisition counts as acquiring the allotment, is a question an Authority or court decides on the facts. Our earlier piece on allottee rights when buying an under-construction flat on resale covers the pre-possession version of this question.

When does the five-year defect window start?

On the date of handing over possession. Section 14(3) says that 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, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days.

The clock is tied to the handover of possession, which for a resale flat means the handover to the first owner. It does not restart when the flat changes hands. That is the single most important date for a resale buyer to establish.

If the window is short, any defect you find during a pre-purchase inspection is worth reporting in writing at once, so that it is brought to the promoter's notice within the five years.

Does the builder's duty survive the sale deed and conveyance?

For defects, yes. Section 11(4)(a) says the promoter is responsible for all obligations under the Act and to the allottees as per the agreement for sale till the conveyance of all the apartments to the allottees, or the common areas to the association. Its proviso then 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 deeds of all the apartments are executed.

So the fact that the first owner's sale deed was registered years ago, and that your own sale deed is now registered, does not by itself end the defect window. What ends it is the passage of five years from the original handover.

What should a resale buyer collect before signing?

The documents that prove the dates and the promises. The first owner's possession letter, or another record of the handover date, fixes the start of the five-year window. The original agreement for sale matters because Section 14(3) refers to the promoter's obligations as per the agreement for sale. Any letters or emails in which the first owner reported defects show what has already been brought to the promoter's notice.

The society or association can help too. Section 17(2) says that after obtaining the occupancy certificate and handing over physical possession, it shall be the responsibility of the promoter to hand over the necessary documents and plans, including common areas, to the association of allottees as per local laws, and its proviso says that in the absence of any local law this is to be done within thirty days after obtaining the occupancy certificate. An association that has those plans can help a resale buyer trace where a concealed line or structural element sits.

Section 19(5) adds that the allottee shall be entitled to have the necessary documents and plans, including that of common areas, after the promoter hands over physical possession. Ask the seller whether these were received, and for copies.

For checks on older buildings more generally, see our guide to structural checks on older resale flats in Bengaluru. If the project is recent, its PropNewz page may also show the declared completion date. The page for Purva Park Hill in Mallasandra, for example, lists K-RERA number PRM/KA/RERA/1251/310/PR/220601/004946 and a declared completion of 31 December 2027, which tells a future resale buyer roughly when handovers would begin.

What about defects in the common areas?

These are usually a matter for the association as well as the individual owner. Section 17(1) says the promoter shall execute a registered conveyance deed in favour of the allottee along with the undivided proportionate title in the common areas to the association of allottees or the competent authority, and hand over the common areas to the association. So a leaking terrace, a cracked podium slab or a failing sump is a shared problem.

The explanation to Section 31(1) says person includes the association of allottees, which means the association can bring a complaint in its own right. For a resale buyer, joining the association early and asking what defects it has already reported is a quick way to learn whether a common-area problem is inside the five-year window and already on record with the builder.

What if the builder refuses to fix a defect?

Use the Act's complaint route, and keep the record. If a defect is reported within the window and is not fixed within thirty days, Section 14(3) says the aggrieved allottees shall be entitled to receive appropriate compensation in the manner provided under the Act.

Section 31(1) says any aggrieved person may file a complaint with the Authority or the adjudicating officer against any promoter, allottee or real estate agent, and its explanation counts the association of allottees as a person. Section 71(1) lists Section 14 among the provisions under which compensation is adjudged by an adjudicating officer who is or has been a District Judge.

The builder's position that it deals only with original buyers is worth answering with Section 2(d) in writing. Whether that settles the matter in your case is for the Authority to decide, but the definition is the starting point.

1. Get the first owner's possession letter or other proof of the original handover date.
2. Count five years from that date to see how much of the Section 14(3) window remains.
3. Collect the original agreement for sale, since Section 14(3) refers to the promoter's obligations under it.
4. Ask for copies of any defect complaints the first owner sent to the builder and the replies.
5. Have the flat inspected before purchase and report any defect to the builder in writing at once.
6. Ask the association for the documents and plans handed over under Section 17(2).
7. If a reported defect is not fixed within thirty days, consider a complaint under Section 31(1).

Frequently asked questions

Can a resale flat buyer claim RERA defect liability?

Section 2(d) of the RERA Act defines allottee to include the person who subsequently acquires the allotment through sale, transfer or otherwise, excluding tenants. Section 14(3) gives the allottee a five-year defect window from handover of possession. How this applies to a specific resale is decided by the Authority on the facts.

Does the five-year window restart when the flat is resold?

Section 14(3) measures the five years from the date of handing over possession, and says defects must be brought to the promoter's notice by the allottee within that period. The Act ties the window to that handover date, so a resale buyer should count from the first owner's possession date.

Does conveyance end the builder's defect responsibility?

No. The proviso to Section 11(4)(a) says the promoter's responsibility for structural or other defects for the period referred to in Section 14(3) shall continue even after the conveyance deeds of all the apartments, plots or buildings are executed in favour of the allottees.

How fast must the builder fix a reported defect?

Section 14(3) says it shall be the duty of the promoter to rectify the defect without further charge within thirty days. If the promoter fails to rectify within that time, the aggrieved allottees are entitled to receive appropriate compensation in the manner provided under the RERA Act.

A resale purchase can carry some of the first buyer's protection with it, but only if you know the dates and hold the papers. Ask for them before you sign. This is general buyer information, not legal advice.

Last updated 2026-10-27. PropNewz Team.