S&S
S & S Co.
Advocates & Solicitors
Bar Council of India: Notice

Important Disclaimer & Notice

As per the rules of the Bar Council of India, advocates are not permitted to solicit work or advertise in any manner. By proceeding, you acknowledge that you are seeking information relating to S & S Co. of your own accord and that there has been no solicitation, advertisement or inducement by S & S Co. or any of its members.

The content of this website is provided solely for informational purposes and should not be construed as legal advice. S & S Co. shall not be liable for any consequence of any action taken by the user relying on material provided herein.

Any information shared through this website does not create an attorney-client relationship. Transmission of information herein is not intended to constitute, nor does receipt thereof constitute, an attorney-client relationship.

The contents of this website are the intellectual property of S & S Co. No part constitutes legal advice. Readers are requested to seek formal legal counsel before acting upon any information contained herein.
About Practice Areas Locations Legal Updates Legal News Team Blog Search Contact Us
Real Estate & RERA · 10 September 2026

Structural Defect Liability Under Section 14(3): A Homebuyer's Guide to the Five-Year Window

RERA gives homebuyers a statutory five-year window to hold developers accountable for structural defects discovered after possession. Here's how to invoke it correctly.

By S&S Co. Advocates & Solicitors · Published 10 September 2026 · Informational content, not legal advice: see our disclaimer

What Section 14(3) Provides

Section 14(3) of RERA provides that if, within five years of handing over possession, an allottee brings to the promoter's notice 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, such defect must be rectified by the promoter without further charge, within thirty days, failing which the affected allottee is entitled to receive appropriate compensation.

What Counts as a Structural Defect

The provision is broad, covering not only defects in the load-bearing structure itself but also defects in workmanship, quality, or in the provision of services and other obligations under the agreement for sale: a leaking roof, faulty plumbing, or electrical wiring that does not conform to the sanctioned specifications can all fall within its scope, not only cracks in structural walls.

Invoking the Provision Correctly

The five-year window runs from the date of handing over possession, not from the date of the occupancy certificate. To invoke Section 14(3) effectively, an allottee should issue a clear written notice to the promoter specifying the defect and the date it was discovered, and allow the promoter the thirty-day window to rectify before escalating to a RERA complaint: several RERA authorities have adopted or endorsed a standardised notice format for this purpose. Photographic evidence and, where relevant, an independent engineer's assessment strengthen a subsequent complaint if the promoter fails to rectify within the window.

What Happens If the Promoter Doesn't Rectify

If the promoter fails to rectify the defect within thirty days of notice, the allottee becomes entitled to compensation under the Act, which can be pursued through a complaint before the Adjudicating Officer. The compensation is meant to reflect the cost the allottee reasonably incurs, or would incur, to have the defect rectified independently, though the specific quantum is determined on the facts of each case.

Frequently Asked Questions

From when does the five-year defect liability period run?

From the date the promoter actually hands over possession to the allottee, not from the date of the occupancy certificate or any earlier milestone.

What should I do when I discover a structural defect?

Issue a clear written notice to the promoter specifying the defect and date of discovery, and allow the thirty-day rectification window before escalating to a RERA complaint.

What if the promoter doesn't rectify the defect in time?

The allottee becomes entitled to compensation, which can be pursued through a complaint before the RERA Adjudicating Officer.

References & Further Reading

This article references the following statutes, rules and judicial decisions. Case citations link to the fuller discussion in our Legal Updates archive, verified against primary sources at the time of writing.

  1. Real Estate (Regulation and Development) Act, 2016: Section 14(3) (structural defect liability).
  2. See also our Legal Updates: Real Estate & Property archive for coverage of the standardised defect-notice format some RERA authorities have adopted.
Newsletter

Fortnightly Legal Updates,
By Practice Area

A short digest of significant rulings, regulatory changes and practical guides across our practice areas, sent every two weeks. For general information only, not legal advice.

Get In Touch

Have a Question About
Real Estate & RERA?

Tell us about your situation: we'll help you figure out the right next step.

Contact S&S Co. →

A full-service law firm headquartered in Noida, Delhi and Kolkata, providing commercial litigation, arbitration, corporate advisory and regulatory counsel across Delhi NCR, Kolkata and pan-India.

Practice

Commercial Litigation Arbitration All 16 Practice Areas

Locations

Noida All Locations

Firm

Team Legal Updates Legal News Blog Newsletter Contact