Short Answer

Yes, as per Section 14 of the Gujarat RERA Act, 2016, the builder is liable for structural defects for 5 years.

Detailed Explanation

Section 14 of the Gujarat RERA Act, 2016 states that the promoter (builder) shall be responsible for any structural defects or any other defects in workmanship, quality, or provision of services for a period of five years from the date of handing over possession. This provision ensures that the builder is accountable for rectifying any such defects that may arise within the specified timeframe.

In practice, if a buyer discovers any structural defects within five years of possession, they can file a complaint with the Gujarat RERA authority. The authority will then investigate the matter and direct the builder to rectify the defects within a specified time frame. If the builder fails to comply, penalties or other actions may be imposed.

Real-world Scenarios

• Scenario 1: A homebuyer notices cracks in the building's structure within three years of possession. They file a complaint with Gujarat RERA, which investigates the matter and orders the builder to repair the defects within six months.

• Scenario 2: After four years of possession, a buyer experiences water leakage issues due to faulty construction. Gujarat RERA intervenes, instructing the builder to fix the problem within three months.

Step-by-step process:

• Identify structural defects within five years of possession.

• File a complaint with Gujarat RERA, providing details of the issue.

• Gujarat RERA investigates and issues directives to the builder for rectification.

• Builder must comply with the orders within the specified time frame.

Reference

• Gujarat RERA Act, 2016, Section 14: https://gujrera.gujarat.gov.in/