Practice area

Structural defects and construction quality

Claims for structural defects, poor workmanship and unauthorised changes to sanctioned plans under Section 14 of the RERA Act.

Defects often surface after possession. Section 14(3) of the RERA Act makes the promoter responsible for structural defects and defects in workmanship, quality or services brought to notice within five years of handing over possession. The promoter must rectify them within thirty days without charge, and if it does not, allottees can claim compensation.

What this work involves

• Documenting defects with photographs, expert reports and dated complaints
• Serving notices that bring defects to the promoter's attention within the five-year period
• Complaints before K-RERA, and compensation claims before the Adjudicating Officer
• Disputes over changes to sanctioned plans, which the Act restricts without the consent of allottees
• Variations in carpet area, amenities and specifications from the agreement and brochure
• Claims by resident associations for common area defects

Frequently asked questions

How long does the promoter remain liable for defects?

Under Section 14(3), for defects brought to notice within five years from the date of handing over possession.

What should I do when I find a defect?

Record it in writing and with photographs, send a dated notice to the promoter, and keep proof of delivery.

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