Defect Liability Period for Apartments
A defect liability period is a fixed time after a building is handed over, during which the builder must fix construction defects at no cost. In India, this period is usually 6 to 12 months for regular projects and five years under RERA for structural and workmanship defects. It protects homebuyers and housing societies from poor construction quality.
What Is the Apartment Defect Liability Period?
The apartment defect liability period refers to a fixed timeframe after possession when the builder is responsible for fixing construction defects. These defects may appear inside individual flats or in shared apartment areas like staircases, basements, or rooftops, and they may include faulty workmanship, poor materials, or design issues that appear after possession.
This period starts from the date an apartment owner receives possession. Repairs during this time must be done at the builder’s cost, not by the owner or the apartment association.
Why the Defect Liability Period Matters for Apartments?
For apartment owners, the defect liability period acts as a quality safety net. It ensures that construction issues are not ignored once keys are handed over.
It helps apartment owners by:
- Holding builders accountable for construction quality
- Avoiding repair costs in the early years
- Ensuring safer living conditions
- Giving legal clarity on responsibility
For societies managing multiple units, this period is critical to protect common areas like lifts, parking slabs, plumbing lines, and waterproofing systems.
Defect Liability Period as Per RERA for Apartments
The defect liability period under RERA is one of the strongest protections for Indian homebuyers. Under the Real Estate Regulation and Development Act, builders are legally responsible for certain structural and workmanship defects for five years from the date of possession.
This applies to:
- Individual apartment units
- Common areas such as corridors and basements
- Building structure, waterproofing, and wiring
This rule applies to individual flats and not just the overall project. Even if a society takes possession later, the five-year clock starts from each buyer’s handover date and not from project completion.
Read also: Society Handover Process
Defect Liability Period as Per RERA: Apartment-Specific Rules
- Duration is five years from possession
- Covers structural and workmanship defects
- Builder must fix defects within 30 days
- Includes common areas of apartment buildings
- Repairs must be free of cost
- Buyers can approach RERA if the problem is unresolved
This makes the defect liability period under RERA compliance much stronger than standard construction contracts.
What Happens During the Defect Liability Period in Apartments?
During the defect liability period, apartments must actively monitor issues. The process usually works like this:
- A defect is noticed after possession
- The issue is documented with photos and written records
- A written complaint is sent to the builder
- The builder inspects and rectifies the defect
- The association verifies the repair work
If a specific repair involves replacement, a new mini defect period may apply to that repaired component.
Apartment Covered Defects vs Excluded Defects During Defect Liability Period
Common Apartment Defects that are Covered
- Structural cracks or foundation issues
- Wall cracks and ceiling leakage
- Balcony and bathroom water seepage
- Uneven flooring or loose tiles
- Faulty plumbing or electrical wiring
- Design flaws affecting usability
Common Exclusions
- Normal wear and tear
- Damage due to misuse or accidents
- Renovation-related damage
- Appliances covered by the manufacturer’s warranty
Understanding this distinction helps societies use the defect liability period correctly.
Patent vs Latent Defects in Apartments
Patent defects in apartments are visible issues noticed at handover, such as broken fittings, chipped tiles or damaged paint. These should be reported immediately.
Latent defects are hidden problems like internal leakage or structural weakness that appear months later. If they occur within the defect liability period, the builder remains responsible.
Defect Liability Clause in Apartment Sale Agreements
A defect liability clause is a written condition in an apartment sale agreement. It clearly defines the builder’s obligation to repair defects within a specific timeframe.
This clause works alongside legal protections and helps societies enforce accountability without confusion. It clarifies timelines, reporting procedures, and remedies available to apartment owners and associations if the builder delays repairs.
Defect Liability Period Clause Sample for Apartments
The Promoter shall be responsible for rectifying any defects in materials, workmanship, or design for a period of 5 years from the date of completion. All repairs shall be carried out at the Promoter’s expense within 15 to 30 days of written notice from the allottee or association. Failure to comply allows the Employer to recover costs through retained security deposits.
This defect liability period clause sample aligns with RERA requirements for apartment projects.
The Role of Defect Liability Certificate in Apartment Projects
A defect liability certificate is issued once all defects reported during the Defect Liability Period are fixed. It confirms the end of the builder’s responsibility under the contract.
It usually includes:
- Confirmation of completed repairs
- Final inspection approval
- Release of retention money
The certificate marks the formal closure of the defect liability period.
What Happens After the Defect Liability Period Ends?
Once the defect liability period ends, the builder is generally no longer responsible for fixing new defects. Any new issues fall under the apartment owners association maintenance plan.
However, serious construction negligence may still be challenged under general law if supported by evidence.
Read also: Apartment Maintenance Charges Rules and Regulations
How Apartments Can Manage Defective Liability Period?
Apartment associations can make better use of the defect liability period by:
- Maintaining a defect register for flats and the common area
- Tracking complaint dates and responses
- Conducting periodic inspections
- Keeping written communication records
- Acting before timelines expire
Organised tracking can prevent financial strain later.
How NoBrokerHood Helps Defect Tracking in Apartments?
NoBrokerHood supports apartment associations during the defect liability period by bringing all defect-related activities onto one structured platform. Instead of scattered emails, paper registers, or informal WhatsApp messages, associations can log apartment-wise and common-area defects in a central system with dates, photos, and status updates.
Inspection reports, handover documents, and builder commitments can be securely stored and accessed by committee members whenever required. This makes it easier to track response timelines, follow up on unresolved issues, and maintain clear records if escalation is needed. By giving associations better visibility and documentation control, NoBrokerHood helps apartment communities manage builder accountability and complete handovers in an organised, responsible manner.
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FAQs
It is the time after possession when the builder must fix construction defects at no cost. This period protects buyers from poor workmanship and hidden issues.
The defect liability period, as per RERA, is five years from the date of possession. Builders must repair structural and workmanship defects within 30 days.
A defect liability clause defines repair responsibility, duration, response time, and remedies if the builder fails to act during the defect period.
It is a formal document confirming that all reported defects have been fixed. It usually leads to the release of the builder’s retained payment.
After the period ends, the builder is usually not responsible. Only serious legal claims may be pursued with proper evidence.
Yes, common areas like lifts, parking, and plumbing systems are also covered if defects appear within the defect liability period.