News: RERA Section 14(3): Remedy for Construction Defects-26-04-2026
Homebuyers who find defects in a new flat have a legal remedy for five years after possession, and experts say a structural audit is the best way to back a complaint.
The problem is common. Maitrayee Patel (name changed), 29, bought a Rs 60 lakh top-floor apartment in Pune in May 2023 and found leakage in a bedroom within two months of possession. The developer’s representative said repairs would be done after the monsoon. In Noida, a resident’s viral video showed crumbling plaster and exterior discolouration at a 22nd-floor apartment bought for nearly Rs 1 crore, along with an insect infestation allegedly caused by pigeon waste in a vacant neighbouring unit. The clip has fuelled debate across the NCR on the gap between prices and quality.
Section 14(3) of the Real Estate (Regulation and Development) Act, 2016 covers this. If any structural defect, or any other defect in workmanship, quality or provision of services, is brought to the promoter’s notice within five years of handing over possession, the promoter must rectify it within thirty days without further charge. If the promoter fails, the allottee is entitled to appropriate compensation under the Act.
The Maharashtra Real Estate Regulatory Authority says a structural defect includes problems in the foundation, columns, beams, slabs or other core structural components, as well as defects in workmanship, quality or services. Experts said the clause matters especially in markets like Mumbai, where redevelopment and high-rise construction are widespread.
MahaRERA guidelines also advise buyers, before taking possession, to ensure all documents from the promoter are in order, verify the Occupancy Certificate (OC) and check that the architect’s Form 4 is uploaded on its portal.
As per news reports, the Karnataka Real Estate Regulatory Authority tribunal ruled on November 29, 2025 that developers in the state must give homebuyers the mandatory Section 16 insurance documents or bear repair costs themselves.
Advocate Sunil M. Kewalramani, proprietor at Sunil M Kewalramani and Associates, said buyers can approach the RERA authority in their state. They should first get a structural audit of the flat done by a qualified auditor, with a report setting out the deficiencies, the causes of problems such as leakage and the corrective measures. The report should be formally sent to the developer with a request for rectification. If the developer does not act within 30 days, he said, the buyer has valid grounds to file a complaint seeking directions for the repairs listed in the audit.
