it is builder responsibility to carry out necessary repairs on account fo defect in quality of construction 

issue legal notice to builder to permit flat owners to appoint structural engineer at builder cost to allow him to carry out survey and submit his report ., to carry out necessary remedial measures .

if builder fails yo agree file complaint against builder before RERA 

Under Gujarat RERA, the builder must fix any structural defects (like recurring cracks) free of cost for 5 years from possession. If repairs are not done, file a complaint with Gujarat RERA for enforcement or compensation.

The builder can be held liable for cracks developed in newly constructed high-rise apartments within the first five years of possession, and you can file a complaint with RERA (Real Estate Regulatory Authority). 

RERA mandates a five-year defect liability period for structural and workmanship issues. 

RERA, specifically section 14(3), establishes a five-year period from the date of possession where the builder is responsible for rectifying defects related to structure, workmanship, quality, or services. 

If cracks appear within this period, the builder is legally obligated to fix them at their own cost within 30 days of being notified. 

you can file a complaint with your state's RERA authority, providing evidence such as the builder-buyer agreement, snag list, payment receipts, and correspondence. 

Homebuyers are considered consumers under this act, and you can file a complaint for "deficiency in service" if the builder doesn't address the defects.

Please check if there is a defect liability clause in your agreement 

Even if not there, Rera provides for defect liability 

So the flat buyers can approach Rera by filing a complaint 

However it is to be seen whether multiple flat buyers can join as complainants in same common complaint as the issue is common to all. If that is permissible then court fee will have to be paid on that single complaint only 

You can request Rera to appoint a structural engineer and consultant and do the rectification work under their guidance and their professional fees to be saddled on the builder 

As per Rera the said building needs to be repaired by builder till 5 years from its possession 

This is clear case of deficiency of service. Problem is with quality of construction. Any superficial remedy like filling up the  cracks will not be of much help. Consult a structural engineer with integrity, obtain his assessment and then approach District Consumer Commission under new Consumer Protection Act, 2019. Building may require complete overhaul incurring heavy expenditure. Ad hoc measures is not solution. Proceedings under new Consumer Protection Act, 2019 are faster than RERA. District Consumer Commission is powerful then RERA Authority. Cost of consultation and all expenses will be imposed on builder.

As per law the builder is liable for any repair work for a period of five years after completion of construction and not beyond that.

The society has to manage the maintenance as per bylaws accordingly after that.

You cannot bind builder for period of 10 years 

You can file the complaint in rera stating the quality of the said building being substandard and seek more protection defect liability clause

Under the Real Estate (Regulation and Development) Act, 2016 (RERA), there are robust protections for flat owners regarding construction defects and builder liability, especially for structural issues like cracks in beams or slabs.

Section 14(3) of RERA establishes a defect liability period of five years from the date of possession. Within this period, if any structural defect or poor workmanship comes to light, the builder is legally bound to rectify it at no additional cost to the owner. This obligation is non-negotiable and cannot be contracted away—even if a builder claims otherwise. The builder is required to fix such issues within 30 days of receiving a complaint from the buyer or face possible penalties and compensation orders by the RERA authority.

If the builder fails to address any legitimate complaint within the five-year period, flat owners have the right to approach the Gujarat RERA authority. RERA can order the builder to carry out repairs, impose penalties, or direct compensation for non-compliance. These legal remedies cover all significant structural and workmanship defects, including recurring or progressive cracks, water leakage, and substandard construction in both flats and common areas.

RERA’s statutory warranty is limited to five years from the date of possession. There is currently no legal provision under RERA to demand or enforce a builder’s liability for structural defects for more than five years, regardless of the defect’s origins or the builder’s willingness to enter a longer contract. Demanding a ten-year contractual liability or warranty would go beyond what the law currently compels—after five years, the responsibility for structural repairs legally shifts to the society or individual flat owners.

Even if the society handover occurs within this period, the builder remains liable for any defect reported before the expiry of the five-year period. It is crucial for flat owners to document and notify the builder in writing of all observed defects during these five years, as this creates a record that can be presented before RERA if the builder does not comply.

For present issues: If the cracks are recurring and the builder refuses to cooperate with owner-appointed third-party inspection or tries to hand over the society early, owners should file a formal complaint with Gujarat RERA, including evidence of the ongoing defects, builder’s refusal, and copies of any expert/inspection reports. RERA authorities have the power to order an independent inspection, direct specific repairs, or penalize non-cooperative builders.

Beyond five years: If defects are discovered after the five-year window or were not notified within the period, legal recourse against the builder becomes limited and would require pursuing remedies under the general law of contracts, which can be complex and uncertain compared to the clear RERA framework.

To summarize, flat owners are strongly protected by a five-year structural defect liability under RERA, and the builder’s duty to repair within this period is strict and cannot be diluted by early possession, society handover, or refusal to cooperate. However, it is not legally possible to mandate a ten-year builder obligation under current law. If the builder is negligent, flat owners should immediately escalate to RERA for prompt and effective remedies.

If you need help drafting the right communications, collecting evidence, or filing your claim before Gujarat RERA, please contact us at .

File a suit for damages and incomplete construction before RERA. 

Since your mother passed away intestate (without a will), her share in the jointly owned property will be inherited equally among her legal heirs under Hindu Succession Law typically including you, your brother, and any other siblings. Including both your and your brother’s names on the electricity bill does not alter legal ownership; utility bills are not proof of property title. They are only used for correspondence and verification purposes. To reflect ownership rights, you and your brother should mutually execute a family settlement or partition deed and get it registered, specifying each person's share. For future distribution to your children, it's advisable to also create a will clearly defining your respective shares.

Based on the information provided and a general understanding of the Real Estate (Regulation and Development) Act, 2016 (RERA), here is a detailed breakdown of the legal remedies available to the flat owners in your situation:

The Core RERA Provision: Defect Liability Period

The most important legal provision for you is Section 14(3) of the RERA Act, which deals with the builder's liability for structural defects.

• Five-Year Warranty: RERA mandates a five-year defect liability period from the date of possession. During this time, the builder is legally obligated to rectify any structural defects or other defects in workmanship, quality, or services.

• Your Case: You took possession in May 2025. The cracks started appearing soon after. This is well within the five-year defect liability period, so the builder is legally responsible for fixing them.

• Builder's Obligation: The builder must fix the defects at no cost to the flat owners and within 30 days of receiving a written notice from the allottees.

The Specific Issues and RERA Remedies

Let's break down your specific problems and the RERA solutions for each:

1. Continuous Cracks and Structural Stability Concerns

• The Problem: Cracks are appearing and reappearing in the basement beams and slabs, indicating a potential ongoing structural issue. The builder's report, while claiming the structure is "safe," doesn't provide a satisfactory explanation or a long-term solution. The builder also backed out of a mutually agreed-upon third-party inspection.

• RERA Remedy: This is a clear-cut case for a RERA complaint under Section 14(3). The flat owners can and should file a formal complaint with the Gujarat RERA authority.

  • The Process:

    1. Document Everything: Gather all evidence, including photographs of the cracks, copies of the builder's inspection report, and any written communications (emails, letters, meeting minutes) where the builder acknowledged the issue and then denied the third-party inspection.

    2. File a Complaint: The flat owners can file a complaint collectively with the Gujarat RERA authority (or individually, if they prefer). The complaint should detail the structural defects, the builder's failure to provide a satisfactory long-term solution, and their refusal to cooperate with a third-party inspection.

    3. RERA's Power: The RERA authority has the power to:

       • Order the builder to carry out a comprehensive structural audit by a qualified and independent third-party structural engineer.

       • Direct the builder to carry out the necessary repairs based on the audit's findings.

       • Impose penalties or fines on the builder for non-compliance.

       • Order the builder to provide compensation to the flat owners for the unresolved defects.

2. Denial of Responsibility and Insistence on Early Handover

• The Problem: The builder is refusing to respond to written communication, claiming the structure is safe and is now pushing for an early handover of the society to avoid future liability.

• RERA Remedy: RERA holds builders accountable for their obligations, and they cannot simply "run away" from their responsibilities by handing over the society. The builder's attempt to force an early handover while structural issues are pending can be included as a part of your RERA complaint.

  • Maintenance: The builder is responsible for the maintenance of the project until the Residents' Welfare Association (RWA) or co-operative society is formed and takes charge. This includes essential services and structural maintenance. The fact that the builder has taken advance maintenance charges for the first two years strengthens your case that they are still responsible.

  • Non-Transfer: A RERA complaint can seek an order from the authority to prevent the handover of the society until the structural issues are permanently resolved and all other builder obligations are met.

3. Issues with Water and Sewage Quality

• The Problem: You've mentioned problems with the quality of water and sewage. These are also a part of the services and quality of the project that the builder is responsible for.

• RERA Remedy: These issues also fall under the builder's liability for "defects in workmanship, quality or provision of services" under RERA. They should be included in your complaint with the same detailed documentation. RERA can direct the builder to fix these utility issues and ensure they meet the promised standards.

4. Need for a Long-Term Agreement for Structural Repairs

• The Problem: Flat owners are concerned that structural cracks may continue to appear after the society handover, and the society may not be able to afford the expensive repairs.

• RERA Remedy: While RERA provides a five-year defect liability period, you can request that the RERA authority, as part of its final order, direct the builder to enter into a specific, legally binding agreement for the maintenance of structural elements. This agreement could be a part of the handover process and could be enforced by the authority. This is an advanced legal request that your RERA lawyer can help you formulate, as it addresses a future-looking concern.

Ans 2 - The RERA Constraint: The 5-Year Defect Liability Period

The fundamental challenge you face is that the RERA Act, specifically Section 14(3), explicitly provides a five-year defect liability period from the date of possession.

• What RERA covers: During these five years, the builder is legally obligated to fix any structural defects or other defects in workmanship, quality, or services at their own cost.

• What RERA doesn't cover: The Act does not legally bind the builder to a long-term agreement (e.g., 10 years) for structural repairs. Once the five-year period is over, the legal responsibility for future repairs, including structural ones, typically shifts to the residents' society.

While the RERA authority can enforce the five-year period and order compensation for non-compliance, they cannot legally compel the builder to enter into a new, extended contract beyond what the law mandates.

How to Achieve Your Goal: A Negotiated Agreement

Since a long-term agreement isn't a guaranteed RERA remedy, your strategy should be to leverage the existing legal framework and the builder's own potential liability to negotiate this long-term contract.

Here's a practical approach:

1. File a Strong and Detailed RERA Complaint

Your first step remains filing a comprehensive RERA complaint. However, you need to be very strategic in how you frame it.

• Highlight the "Systemic" Nature of the Defects: Don't just complain about individual cracks. Your complaint should state that the continuous reappearance of cracks in new locations suggests a fundamental and systemic structural issue that the builder's current "patchwork" repairs are not fixing.

• Request a Comprehensive Structural Audit: The complaint should specifically request that the RERA authority appoint an independent, third-party structural engineer to conduct a thorough audit of the building. This is crucial because it takes the builder's self-serving report out of the equation.

• Tie the Handover to the Audit Report: Argue that the society handover should not be allowed to proceed until the structural audit is completed and the root cause of the cracks is identified and permanently rectified.

• Frame the Long-Term Agreement as a "Satisfactory Resolution": In your complaint, you can state that a satisfactory resolution to this ongoing, systemic defect would be a comprehensive, long-term maintenance agreement with the builder. You can propose this as a potential outcome for RERA to consider in its final order.

2. The Negotiation Strategy

The RERA complaint and the threat of a negative RERA order are your strongest negotiation tools.

• Builder's Motivation: A builder wants to avoid a negative RERA order. Such an order could:

  • Force them to pay significant compensation.

  • Blacklist them or negatively impact their reputation.

  • Delay the project's handover, which is a major financial setback.

• Your Leverage: You can communicate to the builder (through your legal counsel or RERA authority) that you are willing to withdraw or settle the RERA complaint if they agree to a long-term contract.

3. Drafting the Long-Term Agreement

If the builder agrees to negotiate, the flat owners, with the help of a legal expert, must carefully draft a comprehensive agreement. This agreement should be legally binding and separate from the RERA-mandated five-year liability. Key clauses to include:

• Scope of Coverage: Clearly define what constitutes a "structural issue" (e.g., cracks in beams, slabs, columns, foundation issues) and what is excluded (e.g., cosmetic hairline cracks, defects from poor resident maintenance). You can refer to relevant civil engineering codes for this.

• Term of Agreement: Specify the 10-year term and a clear start date.

• Response Time: Include a clause on the builder's maximum response time to a reported issue (e.g., 15 days for a site visit, 30 days for a plan of action).

• Cost: Explicitly state that all costs for material, labor, and supervision of the structural repairs will be borne by the builder.

• Dispute Resolution: Include an arbitration clause or another clear mechanism for resolving disputes that may arise under this new agreement.

• Registration: The agreement should be registered with the relevant authorities to make it legally enforceable.

What if the Builder Still Refuses?

If the builder outright refuses to negotiate a long-term agreement, your recourse is limited to the five-year defect liability period under RERA. In this scenario, the RERA authority's final order on your complaint could be a crucial document. The authority may:

• Order the builder to provide a permanent solution and not just temporary repairs.

• Award compensation to the flat owners for the recurring nature of the defects.

• Direct the builder to create a corpus fund (escrow account) to be used by the society for structural repairs in case the issues resurface within the five-year period, with the understanding that the society will use that fund for future repairs.

While you cannot legally force a 10-year contract on the builder, you can use the RERA process and the threat of a negative order to push them into a negotiation. The goal is to make it more beneficial for the builder to sign a long-term agreement than to face the penalties and reputational damage of a RERA-mandated order and a potential ongoing dispute with the new society.