Flat With Leakage Or Cracks: Does RERA Gives Homebuyers Protection Against Builders?

Many buyers discover seepage, cracks or poor finishing soon after possession. Under RERA, developers can remain legally responsible for structural defects and quality issues for up to five years after handover.

Homebuyers who face leakage, cracks, seepage or poor construction quality after getting possession of a flat may still have legal protection under the Real Estate (Regulation and Development) Act, 2016 (RERA).

The law gives buyers the right to demand repairs and compensation if structural defects or serious workmanship issues are found within a fixed period after possession.

What RERA Says

Under Section 14(3) of RERA, if any structural defect or defect in workmanship, quality, services or obligations under the sale agreement is reported within five years from the date of possession, the builder must rectify it within 30 days, without charging the buyer.

If the developer fails to do so, the buyer can seek compensation.

What Counts As A Structural Defect

Generally, structural defects may include problems related to:

Foundation, beams, columns, slabs, major cracks, water seepage caused by construction faults, poor waterproofing, faulty workmanship, and serious quality failures in essential building components.

In many cases, recurring terrace leakage, wall seepage, damaged ceilings or weak concrete work may fall under complaint scrutiny depending on facts and evidence.

Recent Case That Drew Attention

In a recent Karnataka matter, the state regulator held that developers must repair structural defects for five years even after the residents’ association is formed and maintenance is handed over.

The ruling reinforced that builder liability does not automatically end once the society takes charge.

Why This Matters In Pune And Maharashtra

With rapid growth of high-rises, redevelopment projects and premium housing, buyers often discover issues only after moving in—especially during monsoon months.

Common complaints include terrace leakage, damp walls, broken fittings, poor plaster quality, drainage faults and incomplete promised amenities.

What Buyers Should Do Immediately

If defects appear, document everything carefully.

Take dated photos and videos, keep copies of possession letters, agreement papers, payment records and earlier complaints. Send a written notice to the developer by email or registered post.

If no proper action follows, a complaint can be filed before the state RERA authority.

Before Taking Possession

Experts advise buyers to verify:

Occupancy Certificate (OC), sanctioned plans, promised amenities, snag list corrections, water/electricity readiness, and documents uploaded on the RERA portal.

A detailed inspection before possession can prevent later disputes.

Practical Reality

Small cosmetic wear and tear may not always qualify as structural defects. But repeated leakage, unsafe cracks, poor waterproofing and serious quality lapses should not be ignored.

Key Takeaway

Buying a home does not end with registration. If construction quality fails soon after possession, buyers may still have enforceable rights for five years under RERA.

Disclaimer: This is general legal information, not personal legal advice. Rules and outcomes depend on facts, documents and the state regulator involved.