In India, the answer depends on what failed, why it failed, when possession was handed over, and whether the association has taken over maintenance. For a project covered by the Real Estate (Regulation and Development) Act, 2016 (RERA), the promoter—the builder or developer—must rectify a qualifying structural defect reported within five years after possession, without charge, within 30 days. For ordinary upkeep of shared parts after the association of allottees takes over, the owners’ association usually administers maintenance and costs under applicable state law and the building’s governing documents. An individual owner is generally responsible for private apartment components, subject to those same documents and the defect’s cause. These roles can overlap: an association may manage a common structure while the promoter remains liable for a timely reported construction defect in it.
Who pays: the builder, the association, or an individual owner?
There is no single answer for every apartment building. In India, RERA provides an important baseline for covered projects, but state apartment-ownership law, the project’s declaration, association bye-laws, sale agreement, and handover records can affect who manages a repair and who bears its cost. The term “RWA” is often used for an owners’ association, but the relevant legal entity and its powers depend on the project and local regime.
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Start by separating defect liability from ongoing maintenance. A construction defect may remain the promoter’s responsibility under RERA even if the affected beam, roof, or other shared element is now managed by the association. Conversely, a repair to a common part is not automatically the builder’s bill simply because the building is relatively new: the defect, cause, notice date, and project coverage all matter.
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| Situation | Likely responsibility in an Indian RERA context | What can change the answer |
|---|---|---|
| Qualifying construction or structural defect reported within five years after possession | The promoter must rectify it without further charge within 30 days under RERA section 14(3). | Project coverage, proof of the defect, date the promoter received notice, and whether the issue is a qualifying defect rather than later damage or neglected maintenance. |
| Routine upkeep of shared building parts after maintenance takeover | The association of allottees generally administers maintenance, funded by owners according to applicable law and governing documents. | Whether takeover and conveyance occurred, the declaration and bye-laws, state law, and the nature of the work. |
| Repair inside an individual apartment | Responsibility cannot be assigned by location alone; the owner may handle ordinary private-component upkeep, while a qualifying promoter defect may still trigger the statutory duty. | Whether the component is private or common, the cause, the sale agreement, and any applicable statutory protection. |
| Building still under promoter’s maintenance before association takeover | RERA section 11(4) requires the promoter to provide and maintain essential services until the association takes over. | The specific service, takeover status, local law, and handover documents. |
The table is a starting point, not a decision on a particular building. Establish the applicable legal regime and evidence before authorizing work or demanding payment.
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What RERA requires of a promoter for defects
Section 14(3) of RERA sets out a time-limited rectification duty. If an allottee brings a structural defect—or a specified defect in workmanship, quality, provision of services, or another promoter obligation under the sale agreement— to the promoter’s notice within five years from the date possession was handed over, the promoter must rectify it without further charge within 30 days. If the promoter does not do so, the Act provides for appropriate compensation to aggrieved allottees.
The five-year period is measured from handing over possession, not simply from the building’s construction date or the date the association was formed. The statutory text refers to notice being brought to the promoter; keep evidence showing when the notice was received. The duty is not an unlimited guarantee for every repair, every cause of damage, or every building. Project coverage, the specific defect, and its timing must be established.
Conveyance or transfer of common areas does not, by itself, erase a qualifying defect obligation. The association may have management responsibilities over a shared structure while the promoter remains responsible for a defect that meets section 14(3). Management and defect liability are distinct questions.
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What the association takes on after handover
RERA section 11(4) requires the promoter to provide and maintain essential services until the association of allottees takes over maintenance. Section 17 addresses conveyance and handover of common areas, along with related plans and documents, in accordance with local laws. Once the association has taken over, shared upkeep is generally administered through the association, and owners contribute according to the applicable law and governing documents.
That does not mean the association must pay for every defect in a shared area. It may need to arrange access, protect residents, obtain an assessment, or coordinate repair work because it manages the common area. If the evidence points to a qualifying construction defect reported within the statutory period, the promoter’s separate duty may still apply. If the cause is later damage, ordinary deterioration, or maintenance that was not carried out, the allocation may instead turn on the association’s powers and the owners’ cost-sharing rules.
Check the actual handover record rather than assuming a takeover occurred because residents have begun paying maintenance charges or elected a committee. Relevant records may include the maintenance takeover documents, conveyance, occupancy or completion records, common-area plans, deed or declaration, bye-laws, and sale agreement. The precise documents and their legal effect vary by location and project.
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What counts as a structural defect?
A crack, leak, damp patch, or surface repair is not automatically a structural defect. The important questions are what building element is affected, what caused the problem, and whether it compromises structural strength or stability. Appearance alone is not a reliable diagnosis.
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Common areas can include the very components involved in a structural problem. In a Haryana RERA case, the definition of common areas under the Haryana Apartment Ownership Act is quoted to include foundations, columns, girders, beams, supports, main walls, roofs, and parts needed for maintenance and safety. The case also emphasizes the deed of declaration and applicable project regime when deciding what is common and what must be handed over. A component’s being common helps identify who manages it; it does not, by itself, determine who caused or must pay for a defect.
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How to work out responsibility in a specific building
- Identify the governing regime. Confirm the country, state, local apartment-ownership law, applicable RERA authority, and the project’s registration and status. The RERA baseline described here is conditional on the project being covered; do not assume it applies identically to every building.
- Describe the problem precisely. Record the location and visible symptoms, but distinguish observation from diagnosis. Identify whether the affected element appears to be load-bearing, a common area, or part of an individual apartment by checking project documents. Do not treat a visual crack or seepage patch as proof of structural failure.
- Check safety and obtain a competent assessment. If a structural element may be unsafe, seek assessment by a qualified structural professional rather than attempting a repair or relying on a visual guess. Ask the assessment to identify the affected element, likely cause, and any implications for strength or stability. The available legal definitions do not substitute for a technical inspection of the building.
- Build the timeline. Find the date possession was handed over, then the date written notice reached the promoter. Compare the notice date with the five-year period in RERA section 14(3). Keep the notice and delivery evidence, along with the promoter’s response and records of any rectification; the 30-day statutory period runs in connection with the promoter’s duty after notice.
- Establish who had maintenance and common-area responsibility. Review conveyance and takeover documents, occupancy or completion records, common-area plans, the deed or declaration, association bye-laws, and sale agreement. These help distinguish promoter-maintained essential services before takeover from shared upkeep administered by the association after takeover.
- Investigate cause rather than infer it. Consider whether the evidence points to construction, design, materials, or workmanship; a later alteration; misuse; wear; or neglected maintenance. The same visible symptom can have different causes and therefore different responsibility.
- Make the request in writing to the party whose role is implicated. For a suspected qualifying defect, notify the promoter and preserve proof of receipt. For a shared-area maintenance issue, also notify the association so it can address access, resident safety, records, or maintenance coordination. State the observed facts and dates without presenting an unverified cause as established.
What to do when the parties disagree
If the promoter says the problem is ordinary maintenance, or the association says it is a builder defect, return to the evidence: technical assessment, possession and notice dates, project coverage, and documents governing the component. Neither the location of the damage nor the party currently maintaining the building settles the cause on its own.
Keep a dated record of photographs, inspection reports, notices, delivery confirmations, replies, meeting minutes, and repair proposals. If immediate work is needed to protect residents, document the condition and decisions before work alters evidence, where it is safe and practicable to do so. Do not delay urgent safety measures merely to preserve a claim; seek qualified advice about both safety and documentation.
RERA provides for appropriate compensation where a promoter fails to rectify a qualifying defect within the statutory period. The correct forum and filing process are not uniform based on the facts available here; they depend on the location, project, agreement, evidence, and local rules. For a contested allocation or substantial repair, obtain advice from a local property-law professional familiar with the applicable state regime.
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Documents and facts to gather
- Project location, applicable state and local law, and RERA registration or coverage information.
- Possession handover date and written evidence showing when the promoter received notice.
- A qualified structural assessment for suspected damage to load-bearing elements or building stability.
- Sale agreement, deed or declaration, association bye-laws, conveyance, and common-area plans.
- Occupancy or completion records and documents showing when maintenance and common areas were taken over.
- Promoter and association correspondence, inspection records, repair history, and evidence relevant to later alterations, use, or maintenance.
Understanding the deadlines and their limits
The key periods in this RERA provision are legal deadlines, not estimates of how long a repair usually takes: five years from possession for bringing a qualifying defect to the promoter’s notice, and 30 days for the promoter’s rectification after notice. The Act states that an aggrieved allottee may be entitled to appropriate compensation if the promoter fails to rectify within that time. Keep the dates and receipt evidence clear, and do not assume that a building’s age alone answers whether a claim is covered.
These periods should not be confused with a general maintenance warranty for the entire apartment building. RERA’s provision concerns a defect brought to the promoter within its stated period; shared maintenance after takeover is addressed separately, and the allocation for other repairs depends on the cause and governing documents.
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