Short Answer

A "structural defect" after possession of a new building refers to any flaw or issue in the building's core structure that affects its stability, safety, or functionality.

Detailed Explanation

Section 2(1)(n) of the Gujarat RERA Act defines "structural defect" as any fault, imperfection, or issue in the design, material, workmanship, or construction of a building that affects its strength, stability, or safety. This means that any problem related to the fundamental structure of the building, such as cracks in load-bearing walls, foundation issues, or faulty structural elements, would fall under the category of a structural defect.

In practice, if a homeowner notices significant cracks in the walls, sagging ceilings, or uneven floors after taking possession of a new building, these could indicate structural defects. In such cases, the homeowner can file a complaint with the Gujarat RERA authority, seeking redressal from the builder or developer responsible for the construction.

For example, if a new apartment owner discovers water seepage through the walls due to poor waterproofing during construction, leading to weakening of the building's structure, it would be considered a structural defect. The owner can then request the builder to rectify the issue under the provisions of the Gujarat RERA Act.

Another scenario could involve a newly constructed commercial complex experiencing frequent electrical failures due to substandard wiring, posing a safety hazard. In this case, the occupants can approach the Gujarat RERA authority to address the structural defect and ensure necessary repairs are carried out by the developer.

In summary, identifying and addressing structural defects in a new building is crucial to maintaining its safety and integrity. The Gujarat RERA Act provides mechanisms for homeowners and occupants to seek remedies for such issues, ensuring that buildings meet the necessary structural standards for habitation.

References

• Section 2(1)(n) of the Gujarat RERA Act: https://gujrera.gujarat.gov.in/