A homebuyer from Bachupally recently won a case against a builder after the Telangana RERA (TNRERA) found that just within weeks of getting possession of the apartment, the homebuyer discovered serious structural and construction-related defects. One major issue was water dripping from the ceiling of the bathrooms to the flat below, which was coming from the unit in question. Because of this water leak, the homebuyer reported that a lot of water seeped into the children's bedroom and guest bedroom, thereby causing the rusting of window grills and persistent dampness. Additionally, the homebuyer hired an independent expert to get a thermal scan, which confirmed the water issue. The TNRERA authority ordered the builder to attend to the water leakage and seepage issues by relaying the terrace flooring and implementing a thorough waterproofing treatment according to standard engineering practices to ensure a lasting fix. TNRERA also ordered the builder to ensure that the waterproofing treatment is certified by a qualified consultant for at least five years.The legal basis for TNRERA's ruling comes from Section 14 (3).TGRERA said that under the Real Estate (Regulation and Development) Act, 2016, builders are required to adhere to Section 14 (3), which establishes a mandatory five-year defect liability period from the date of handing over possession, specifically for structural defects or any other defect in workmanship.Also read: Homebuyer suspected poor quality construction; TNREAT allows independent engineer audit despite builder’s objectionWhat does Section 14(3) of the RERA Act say and how does it work?Aradhana Bhansali, Senior Partner, Rajani Associates, says that under Section 14(3) of the RERA, homebuyers have a statutory safeguard after they take possession of their respective flats/ units from the builder for five years from the date of possession.Bhansali says that during this five year period, the builder is responsible for fixing any structural defects, workmanship defects, quality issues, service-related defects or breach of other obligations in accordance with the terms and conditions of the sale agreement.Bhansali points out: "Once such a defect is reported by the allottee in writing, the promoter is required to rectify it within 30 days without any additional cost to the allottee. If the promoter fails to do so, the allottee becomes entitled to seek compensation under RERA."According to Bhansali, this legal provision under the RERA Act was created to ensure that builders remain responsible for the quality and integrity of the project even after possession has been handed over.Also read: Builder delayed society formation for 9 years, Homebuyers took matters into their own hands; Bombay HC backs residentsIf the builder is unwilling to repair the workmanship defect, what can homebuyers do?According to Bhansali, under Section 14(3) of RERA, if a builder fails to rectify a reported defect within 30 days of receiving notice from the homebuyer, then the homebuyer is entitled to seek compensation under the Act.However, the amount of compensation is not fixed and is determined on a case-by-case basis. Broadly, Bhansali says a homebuyer may pursue the following remedies:1. Hire professionals and then seek reimbursement: The homebuyer can hire professionals to repair the defect, maintain detailed receipts and invoices, and then serve a notice on the builder demanding full reimbursement of costs on account of the promoter having to fail to carry out the structural defects complained of. If the promoter refuses, this amount becomes part of the RERA complaint, and the Authority can order reimbursement plus interest for mental agony and harassment.2. Compensation assessed by the adjudicating office: The RERA authorities consider the following factors while assessing compensation:(i) The actual amount required to repair the defect, supported by quotations, invoices, engineer's reports or structural audit reports.(ii) A minor plaster crack may not warrant the same relief as recurring water seepage, failed waterproofing or a structural defect affecting the safety of the building.(iii) If the defect renders part of the property unusable or substantially affects habitability, the allottee may seek compensation for the inconvenience and hardship suffered.(iv) Authorities may also consider the promoter's conduct whether the promoter ignored complaints, delayed repairs or repeatedly failed to rectify the defect despite being given an opportunity to do so.Compensation under Section 14(3) is intended to place the allottee in the position they would have occupied had the defect not occurred. Thus the legal emphasis is generally on the actual loss suffered, the cost of rectification, and the impact of the defect on the use and enjoyment of the property, rather than on awarding an exemplary damage.What should a homebuyer do to prove the builder's workmanship defects?Bhansali says that there is no single prescribed method to demonstrate the builder's workmanship defects, but successful complaints typically combine various forms of evidence:1. Maintain ownership and possession records: Maintain the sale agreement, possession letter and other relevant records evidencing your ownership and the date of possession.Document the defect: Take dated photographs and videos of the defect, whether it relates to leakage, seepage, cracks, damaged plaster, waterproofing failures or other construction deficiencies.Maintain the trails of written complaint: Report the defect to the developer through formal emails, WhatsApp messages (not too much unless the circumstances require) or written notices and retain proof of delivery. A complaint with the entire supporting documents enhances the case in RERA proceedings.Establish timely reporting: Ensure that the defect is reported within a reasonable period and within the five-year defect liability period prescribed under Section 14(3) of RERA and retain records showing when the complaint was first raised.Obtain technical evidence: Where the issue involves structural defects, leakage, seepage or waterproofing concerns, an independent engineer's, structural auditor's or thermal scanning report can help establish that the defect arises from deficient workmanship or construction quality.Bhansali says: "A well-documented complaint supported by technical evidence and a clear communication trail is generally more likely to result in relief being granted."