Water Seeping Into Your Bedroom? Telangana RERA Says the Builder Must Fix It — For Good
By Adv. Amarjeet Singh, Founder, PRAN – Policy Research Action Network Foundation
Water Seeping Into Your Bedroom? Telangana RERA Says the Builder Must Fix It — For Good
In a significant order for homebuyers, the Telangana Real Estate Regulatory Authority (RERA) has directed a builder to permanently rectify terrace seepage and leakage in a homebuyer's flat — not through another round of touch-up repairs, but by relaying the terrace flooring and carrying out comprehensive waterproofing treatment. The order is a reminder that possession of a flat does not end a builder's responsibility for what lies beneath the tiles.
Case Details
| Field | Value |
|---|---|
| Case | Vijay Kumar Pasumarti vs SVS Square Spaces LLP |
| Court | Telangana Real Estate Regulatory Authority (RERA) |
| Bench | Chairperson Dr. N. Satyanarayana, with Members Laxmi Narayana Jannu and K. Srinivasa Rao |
| Date | 5 May 2026 |
| Source | LiveLaw Corporate Law |
The Core Issue
The homebuyer had purchased a flat in "Bhuvi Residency," Medchal-Malkajgiri District, Telangana, under an Agreement of Sale dated 14 November 2022, paying the full sale consideration. After taking possession, he alleged severe seepage and leakage issues in the flat.
The problem was not cosmetic:
- Water seeped from the terrace into the children's and guest bedrooms, while leakage from his unit also affected the bathrooms of the flat below.
- Cracks developed in the bathroom walls.
- Despite repeated complaints raised through emails and WhatsApp messages, the builder failed to provide a permanent solution and only undertook temporary repairs.
Crucially, the homebuyer did not rely on complaints alone. An independent inspection and thermal scanning report identified seepage and plumbing defects and recommended waterproofing measures along with relaying the terrace flooring — technical evidence that would prove decisive before the Authority.
Why This Order Matters
RERA's reasoning draws a clear line that every homebuyer should know:
- Structural defects are the builder's liability, not the buyer's headache. Under Section 14(3) of the RERA Act, a promoter remains liable for structural defects and defects in workmanship for five years from the date of handing over possession.
- Technical evidence carries weight. On examining the thermal scanning reports, the Authority found the terrace leakage attributable to defective workmanship in the terrace flooring and inadequate waterproofing.
- "Watertight" is a legal standard, not a courtesy. The Authority held that the promoter is under a statutory obligation to ensure the building remains structurally sound and watertight.
- But there's a boundary. The Authority clarified that minor seepage issues and internal repairs within toilets after occupation fall within routine maintenance and remain the homebuyer's responsibility — this distinction matters because not every leak is the builder's fault, and buyers should know where the line sits.
Accordingly, the Authority directed the builder to permanently rectify the leakage by relaying the terrace flooring and undertaking comprehensive waterproofing treatment within 60 days, and to obtain certification from a qualified waterproofing consultant confirming the treatment's effectiveness for a minimum of five years.
The Larger Structural Problem
This case is far from an isolated one. Waterproofing failures — leaking terraces, seeping walls, cracked slabs — are among the most common complaints homebuyers raise after possession across Indian states. A pattern shows up again and again:
- Builders respond to genuine structural defects with cosmetic, short-lived patchwork instead of fixing the root cause.
- Buyers often accept these temporary fixes because they don't know they can demand more, or don't have the technical means to prove the defect is structural.
- Regulators are increasingly relying on independent technical reports — like thermal scanning — rather than taking either side's word for it, which strengthens the process but also means buyers need to invest in proper documentation early.
The deeper problem is one of information asymmetry: a builder knows exactly what corners were cut during construction; a buyer usually finds out only when the damage appears on their bedroom ceiling.
Your Rights / What You Can Do
If you're facing similar issues in your flat, here's what this order tells you:
- You have 5 years, not 5 months. Under Section 14(3) of the RERA Act, structural and workmanship defects remain the builder's responsibility for five years from possession — don't assume the clock ran out just because the warranty period "feels over."
- Document everything in writing. Emails and WhatsApp messages showing repeated complaints strengthened this homebuyer's case — verbal complaints alone are easy for a builder to deny later.
- Get an independent technical report if the builder stalls. A professional inspection or thermal scanning report can establish that a defect is structural, not routine wear — this is often the deciding factor before RERA.
- Know the difference between structural defects and routine maintenance. Terrace and slab-level defects are the builder's liability; ordinary post-occupation toilet leaks from daily use generally aren't.
- File before RERA, not just with the builder. If the builder fails to act on a documented, technically-verified defect, a RERA complaint can compel a binding, time-bound rectification order.
PRAN's Perspective
PRAN believes this order reinforces a principle that too many homebuyers are never told: handing over the keys is not the end of the builder's accountability. The ruling recognises three important realities:
1. Possession Doesn't Erase Liability
A builder cannot treat the sale deed as the finish line. The law recognises that construction defects often surface only after a family has moved in and lived through a monsoon or two — and holds the builder answerable for exactly that period.
2. Technical Evidence Levels the Playing Field
An individual homebuyer rarely has the expertise to prove why a wall is cracking or a terrace is leaking. Independent reports — like the thermal scan here — give ordinary citizens the same evidentiary footing as a builder's engineers, and RERA's willingness to rely on such reports strengthens access to justice.
3. Regulators Must Demand Permanent Fixes, Not Cosmetic Compliance
A temporary patch that fails again next season isn't compliance — it's a delay tactic. By insisting on relaying flooring, comprehensive treatment, and a five-year consultant certification, RERA closed the door on builders "fixing" the same leak indefinitely.
Conclusion
For a homebuyer who has poured their savings into a flat, a leaking terrace is not a minor inconvenience — it is a daily reminder that the promised home wasn't delivered as it should have been. This order affirms that the law stands behind such buyers, provided they document the defect, seek technical backing, and know their rights under Section 14(3). It is a measured but hopeful signal: accountability doesn't end at possession.
Disclaimer: This article is intended for legal awareness and public policy discussion purposes only. It does not constitute legal advice.
For more legal-policy analysis and consumer rights advocacy, visit: PRAN – Policy Research Action Network Foundation www.publicrightaction.org
#RERA #HomebuyerRights #ConsumerRights #RealEstateLaw #TelanganaRERA #WaterproofingDefects #AccessToJustice #PRAN #LegalAwareness #BuilderAccountability
हिंदी सार
तेलंगाना रेरा ने एक बिल्डर को निर्देश दिया है कि वह एक फ्लैट में छत से हो रहे रिसाव और सीलन की समस्या को स्थायी रूप से ठीक करे — केवल अस्थायी मरम्मत से नहीं, बल्कि छत की फर्श को दोबारा बिछाकर और पूर्ण वॉटरप्रूफिंग करके। रेरा अधिनियम की धारा 14(3) के अनुसार, कब्जा सौंपने की तारीख से पांच साल तक संरचनात्मक दोषों के लिए बिल्डर उत्तरदायी रहता है। इस मामले में स्वतंत्र थर्मल स्कैनिंग रिपोर्ट ने साबित किया कि रिसाव निर्माण की खराब गुणवत्ता के कारण था, न कि सामान्य टूट-फूट। यह आदेश घर खरीदारों को याद दिलाता है कि फ्लैट का कब्जा मिलने के बाद भी बिल्डर की जिम्मेदारी समाप्त नहीं होती, और शिकायतों को लिखित रूप में दर्ज करना तथा तकनीकी रिपोर्ट प्राप्त करना उनके अधिकारों की रक्षा में मददगार है।
