A handover is not the end of the promoter\'s responsibility. For five years, structural cracks, seepage, failed services and workmanship defects remain the promoter\'s duty to fix — free of charge, within thirty days. AMLEGALS converts that statutory duty into rectification or compensation.
Section 14(3) codified something buyers never reliably had before: a statutory, time-bound quality guarantee. For five years from possession, the promoter must rectify structural defects, workmanship failures, quality shortfalls and service deficiencies at no cost, within thirty days of notice. It converts the vague promise of "quality construction" into an enforceable obligation with a defined window and a defined cure period.
The practical battleground is evidence and timing. The claim must be notified inside the five-year window; the defect must be distinguished from ordinary wear and tear or allottee-caused damage; and where the promoter refuses to cure, the cost of rectification and consequential loss must be proven to the adjudicating officer. A disciplined defect schedule, technical inspection and cost estimate are what turn a complaint into compensation.
Drafting and serving the Section 14(3) defect notice within the five-year period, with a documented defect schedule to preserve the claim.
Coordinating structural and quality inspections, test reports and rectification cost estimates to substantiate the defect and quantify compensation.
Holding the promoter to the thirty-day rectification duty and documenting failure to cure for the compensation claim.
Compensation claims before the adjudicating officer under Section 71 where the promoter does not rectify, including third-party rectification cost.
Representing associations of allottees for defects in common areas, amenities and services affecting the whole project.
For promoters: distinguishing wear and tear or allottee-caused damage from covered defects, and contesting quantum.
Section 14(3) of the Real Estate (Regulation and Development) Act 2016 provides that if any structural defect, or any defect in workmanship, quality or provision of services, or any other obligations of the promoter as per the agreement for sale, is brought to the notice of the promoter within a period of five years from the date of handing over possession, it is the duty of the promoter to rectify such defects without further charge, within thirty days. Where the promoter fails to do so, the aggrieved allottee is entitled to receive appropriate compensation in the manner provided under the Act.
The five-year period runs from the date of handing over of possession to the allottee — not from the date of the agreement or booking. For individual apartments, this is the date each allottee takes possession; for common areas, it is generally reckoned from the handover of the common areas to the association of allottees. Prompt written notice to the promoter within the five-year window is essential to preserve the claim.
The provision is broad: structural defects (cracks, settlement, foundation and load-bearing issues), defects in workmanship (seepage, leakage, poor finishing, faulty plumbing and electricals), defects in the quality of materials, and shortfalls in the provision of services (lifts, water supply, fire safety, STP and common amenities promised in the agreement). Any other obligation of the promoter under the agreement for sale that is breached within five years also falls within the section.
On being notified within the five-year period, the promoter must rectify the defect without any further charge to the allottee, within thirty days. The obligation is to actually cure the defect, not merely to inspect or respond. If the promoter fails to rectify within thirty days, the allottee becomes entitled to appropriate compensation — which can be claimed before the adjudicating officer under Section 71.
Where rectification is not carried out within thirty days, the allottee (or the association, for common areas) may file a complaint under Section 31 and claim compensation under Section 14(3) read with Section 71. Compensation can include the cost of carrying out the rectification through a third party, consequential loss, and in appropriate cases, interest. The claim is supported by technical inspection reports and cost estimates.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing.
Share the possession date, the defects observed and any notice already sent for a confidential preliminary assessment.