Short Answer

Yes, as per the provisions of the Gujarat RERA Act and Rules, if a structural defect is discovered within 5 years of handover, the builder must rectify it free of charge.

Detailed Explanation

Section 14 of the Gujarat RERA Act, 2016 mandates that the promoter is responsible for rectifying any structural defects within a period of 5 years from the date of handing over possession to the allottee. This provision ensures that the builder is held accountable for any structural issues that may arise post-handover. The Act defines structural defects as those that affect the stability and safety of the building.

In practice, if a structural defect is identified within the specified timeframe, the allottee can notify the builder in writing about the issue. The builder is then obligated to rectify the defect within a reasonable time frame without any additional cost to the allottee. This provision aims to protect the interests of homebuyers and ensure the quality of construction.

Real-world Scenarios

• Scenario 1: A homebuyer notices cracks in the walls of their newly constructed apartment within 3 years of possession. They inform the builder, who is required to repair the structural defect promptly at no extra cost.

• Scenario 2: A society discovers a structural issue in the common areas of the building within 4 years of handover. The builder must address the defect to ensure the safety of all residents.

Step-by-step process:

• Identify the structural defect within 5 years of possession.

• Notify the builder in writing about the issue.

• Builder to rectify the defect within a reasonable time frame at no additional cost.

References

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