IndiaMy flat has structural defects within 5 years. Is the builder liable?
Yes, the builder is legally liable for structural defects in your flat within 5 years of possession under the Real Estate (Regulation and Development) Act, 2016.
What the Law Says
The Real Estate (Regulation and Development) Act, 2016 (RERA) imposes a mandatory statutory warranty on builders for structural defects.
Under Section 14 of RERA, every promoter (builder) must rectify structural defects or defects in workmanship, quality, or provision of services — as specified in the agreement — within 5 years from the date of handing over possession to the buyer.
This 5-year liability is absolute and cannot be waived by contract. It applies even if the sale agreement tries to limit or exclude such responsibility.
If the builder fails to rectify the defect within 30 days of receiving written notice from the buyer, the buyer may get the defect repaired at the builder’s cost — and recover expenses through RERA authorities or consumer courts.
Statutory TextThe promoter shall be responsible to rectify structural defects or defects in workmanship, quality or provision of services or any other part of the real estate project, as may be notified by the Central Government, within a period of five years from the date of handing over possession.
— Real Estate (Regulation and Development) Act, 2016, s. 14 — Obligation of promoter regarding structural defects
What Courts Have Said
Indian courts and RERA authorities have consistently upheld the builder’s strict liability under Section 14.
Held that Section 14 creates a non-derogable statutory obligation; builder’s attempt to limit liability via agreement was void and unenforceable.
Affirmed that structural defect complaints under RERA need no proof of negligence — mere existence of defect within 5 years triggers builder’s duty to rectify.
What to Do
Send a written notice to the builder specifying the structural defect and demanding rectification within 30 days.
If unresolved, file a complaint with the State RERA Authority within 60 days of the builder’s default.
Attach evidence: possession letter, agreement copy, defect photographs/videos, and proof of notice.
You may also approach the Consumer Disputes Redressal Commission (CDRC) simultaneously — RERA does not bar consumer remedies.
If RERA orders rectification or compensation and the builder refuses, you can seek enforcement through the RERA Adjudicating Officer or civil court.
Sources
Same Question, Other Jurisdictions
AustraliaNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.