In plain words: if a covered defect — structural cracks, bad workmanship, poor-quality materials, defective services — is reported to the builder within five years of possession, Section 14(3) of RERA requires it to repair the defect free of charge within 30 days. If it does not, you can seek compensation. 'The maintenance period is over' is not a lawful answer where this provision applies.
You bought a new home — why are you paying for the builder's mistakes?
After moving in, you notice cracks on walls, water leakage from ceilings and bathrooms, dampness and seepage, cracks in columns or slabs, broken staircase granite, basement waterlogging, failing waterproofing, or defective plumbing and electricals. The builder's reply is familiar: 'possession is over, this is normal wear and tear, repair it yourself.' Often, that is not legally correct.
1. What Section 14(3) actually gives you
Where a structural defect, or a defect in workmanship, quality or provision of services (or another obligation of the promoter under the agreement), is brought to the promoter's notice within five years from the date of handing over possession:
- The promoter must rectify it without further charge;
- within 30 days; and
- if it fails, the allottee is entitled to compensation under RERA.
Not every hairline crack or cosmetic issue automatically qualifies — technical assessment and evidence matter — but recurring or significant defects cannot simply be dismissed.
2. Cracks, waterlogging and defective construction (HARERA)
Ajitpal Singh Thind v. Adani Brahma Synergy Pvt. Ltd. — HARERA Gurugram, Complaint No. RERA-GRG-7289-2022 (decided 12 November 2024), Samsara Part I, Sector 60, Gurugram.
The owner complained of wall cracks, repaired cracks reappearing, broken staircase granite, damaged Kota-stone flooring, terrace and stilt waterlogging, and a defective basement collection chamber. The builder blamed 'temperature variations'. HARERA did not simply accept that: it directed the builder to appoint a qualified structural engineer at its own cost, appointed a Local Commissioner to inspect and assess, and obtained a technical report. The Commissioner's report confirmed cracks (including reappearing ones), waterlogging, damaged stone and open joints letting in water, and staircase/basement deficiencies. The builder undertook to rectify the defects.
Lesson: a builder cannot wave away recurring cracks and defects as 'normal wear and tear' — residents can seek an independent technical inspection and documentary evidence of the real condition.
3. Defect liability can survive the conveyance deed (HARERA)
Ashish Gupta v. Ansal Township — HARERA Gurugram, Complaint No. 966 of 2023 (decided 8 May 2024), Sovereign Floors — Alba, Esencia, Sector 67, Gurugram.
The builder argued the owner had already taken possession so the matter should not be entertained. HARERA, weighing Sections 11(4)(a) and 14(3), expressly held that the promoter's responsibility for structural and other covered defects under Section 14(3) continues even after the conveyance deed is executed, directed rectification within 30 days, and held that on failure the allottee could seek compensation from the Adjudicating Officer.
Lesson: signing the conveyance deed does not automatically end the builder's statutory defect-rectification duty where Section 14(3) applies.
4. Can an RWA raise common-area defects?
Yes — an authorised association may pursue defects in common areas (structural cracks in common walls, leakage from common terraces, basement seepage, defective lifts and common electricals, damaged staircases, common plumbing/drainage), depending on its standing and the framework. In the Samsara matter, the inspection covered not just the flat but the staircase, terrace and stilt areas. For common-area claims, keep proper authorisation, resolutions, inspection reports and evidence, and distinguish individual-flat defects, common-area defects, routine wear and tear, and genuine structural-safety concerns.
5. Does the five-year liability apply to every old project?
No. Section 14(3) is part of RERA, 2016, and its application has to be read with the project's status under Section 3 and the Haryana RERA Rules. A project fully completed and handed over before RERA commenced cannot automatically be brought under Section 14(3) just because a defect surfaces today. In Fresco Residents Welfare Association v. Unitech Ltd. (HARERA, Complaint No. 126 of 2018, decided 15 January 2019; possession 2008, conveyance 2010), the Authority noted possession and conveyance pre-dated RERA, treated the matter as a promoter-obligation question (and referred aspects to DTCP) rather than a straight retrospective application. So the dates that matter are: registration status, CC, OC, possession date, defect-discovery date, and the date of written intimation to the builder.
6. What to do if you find defects
- Document — dated photos/videos of each defect's location, nature and severity.
- Get an independent inspection — a qualified structural engineer to say whether it is structural, workmanship or cosmetic.
- Notice the builder — formally, by email and registered post, citing Section 14(3) where applicable.
- Give the 30-day opportunity — free rectification within 30 days of notice.
- Approach HARERA if the builder fails — for directions, and compensation via the Adjudicating Officer.
If there are cracks in columns, beams or slabs, get an independent professional assessment immediately — do not wait for the builder.
How Vakil Help Desk helps
Vakil Help Desk has strong experience in builder defect-liability matters in Gurugram and Haryana. We help you (or your RWA) document defects, obtain an independent structural inspection, serve a Section 14(3) notice, and pursue free rectification — and compensation before the Adjudicating Officer if the builder refuses. If your new home is cracking, leaking or unsafe, contact Vakil Help Desk.
General information, not legal advice. The five-year window is a statutory notification period under Section 14(3), not an unconditional guarantee against every defect. Verify the cited orders and your own documents before acting.