Possession is not the end of a buyer’s need for documentation. A newly handed-over flat may develop leaks, cracked finishes, faulty drainage, poor-quality fittings or serious structural concerns. Some issues are ordinary snag items recorded at handover; others may fall within statutory or contractual defect obligations. Understanding the difference helps a homeowner raise a precise complaint rather than relying on general allegations that the project is defective.
## What the RERA defect-liability rule says Section 14(3) of the Real Estate (Regulation and Development) Act, 2016 provides for certain structural defects and other defects in workmanship, quality, provision of services or promoter obligations as per the agreement for sale when brought to the promoter’s attention within five years of handing over possession. The promoter is required to rectify covered defects without further charge within thirty days; failure may give rise to appropriate compensation under the Act. Application to a specific complaint depends on the project, the facts and the law.
## A visible mark is not always the same as a structural defect Photograph the issue and describe the impact. A cosmetic hairline mark is different from a widening structural crack; staining beneath an air-conditioning pipe is different from repeated water ingress through a building envelope. Avoid diagnosing structural safety yourself. For recurring seepage, concrete spalling, serious vibration, exposed reinforcement or unusual deflection, seek an independent qualified engineer’s inspection. The expert should distinguish workmanship, use-related damage and maintenance failures when possible.
## Make a documented defect register Record the unit number, handover date, first observed date, location, measurements, photographs and videos. Keep service requests, email acknowledgements, site-inspection notes and the registered agreement. Submit a clear written notice to the promoter through a traceable channel, asking for inspection, the repair method and completion schedule. Follow up after the statutory or contractual period and retain proof of access offered to the repair team. If an emergency risk exists, prioritise immediate safety and professional advice.
## Check the responsibilities of the association Once the residents’ association takes over maintenance, disputes can arise over whether a defect is inside a flat, in a common pipe or connected to a shared terrace. Request maintenance handover records and service-contract details. Do not let a dispute between the developer and association delay urgent protective measures. Also note that defect liability is not a blanket guarantee against every problem arising from occupant alterations, misuse or ordinary wear, and it does not eliminate duties under other laws or contracts.
## How to escalate in West Bengal Check the project’s registration and promoter information on the official West Bengal Real Estate Regulatory Authority portal. Preserve the complaint chronology and review the WBRERA procedure and applicable filing requirements. Depending on the facts, other contractual or legal remedies may exist, but avoid filing duplicate or inconsistent allegations without advice. If an engineer identifies a safety issue, seek immediate advice from the competent local authority as well as the responsible parties.
