RERA and Structural Defects: Homebuyers’ Rights in Challenging Poor Construction Quality
In a recent case, 29-year-old Maitrayee Patel (name changed) purchased a ₹60 lakh apartment in Pune, Maharashtra, in May 2023, located on the top floor of a residential building. Within just two months of taking possession, she began facing leakage issues in one of the bedrooms. When she raised the complaint, the developer’s representative assured her that repairs would be carried out after the monsoon once the area had dried.
In a similar instance, a Noida resident’s viral video recently highlighted the growing frustration among even premium homebuyers over poor construction quality in high-rise developments. Despite spending nearly ₹1 crore on a 22nd-floor apartment, the homeowner showed visuals of crumbling plaster and noticeable exterior discolouration, arguing that the building’s condition falls far short of its premium pricing.
Beyond structural flaws, the resident also highlighted hygiene concerns, pointing to an insect infestation allegedly caused by pigeon waste in a neighbouring vacant unit. The video has struck a chord across the NCR, fuelling a broader debate on the widening gap between soaring property prices and the actual quality delivered by developers.
As per news reports, the Karnataka Real Estate Regulatory Authority tribunal ruled on November 29, 2025, that real estate developers in Karnataka are legally bound to provide mandatory Section 16 insurance documents to homebuyers or bear the cost of repairs themselves.
What Options Do Homebuyers Have in Case of Structural Defects?
The exact provision on structural defects is in Section 14(3) of the Real Estate (Regulation and Development) Act, 2016, which states, “In case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter’s failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act.”
According to the Maharashtra Real Estate Regulatory Authority (MahaRERA), in line with the provisions of the Real Estate (Regulation and Development) Act, 2016, a “structural defect includes issues in the building’s foundation, columns, beams, slabs, or any other core structural components, as well as defects in workmanship, quality, or provision of services. If such defects are reported within five years, the developer is obligated to rectify them within 30 days at no additional cost to the homebuyer. In case the developer fails to do so, the buyer is entitled to compensation.”
This clause is particularly significant in markets like Mumbai, where redevelopment projects and high-rise constructions are widespread, making long-term structural durability a critical concern. Alongside structural defect liability, rules governing possession are equally important. The Maharashtra Real Estate Regulatory Authority has outlined clear guidelines on its website that homebuyers should be aware of before taking possession of their property, said experts.
Before taking possession of a home, buyers must ensure all documents are in order, including originals and copies provided by the promoter. Verify the Occupancy Certificate (OC), confirming legal completion, and check if the architect’s Form 4 is uploaded on the Maharashtra Real Estate Regulatory Authority portal, according to MahaRERA guidelines.
