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ARTICLE · 24 AUGUST 2026

RERA Jurisdiction Over Completed Projects With Pending Defect Liability Period: A Comprehensive Legal Analysis

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The question of whether the Real Estate (Regulation and Development) Authority (RERA) has jurisdiction over completed projects with pending defect liability periods presents a nuanced legal position. Based on authoritative judicial precedents and statutory interpretation, RERA generally does not have jurisdiction over projects that have already received completion certificates, even if the 5-year defect liability period under Section 14(3) of the RERA Act, 2016 is still ongoing.

IndiaReal Estate and Construction

RERA Jurisdiction Over Completed Projects With Pending Defect Liability Period: A Comprehensive Legal Analysis

The question of whether the Real Estate (Regulation and Development) Authority (RERA) has jurisdiction over completed projects with pending defect liability periods presents a nuanced legal position. Based on authoritative judicial precedents and statutory interpretation, RERA generally does not have jurisdiction over projects that have already received completion certificates, even if the 5-year defect liability period under Section 14(3) of the RERA Act, 2016 is still ongoing. However, Section 14(3) creates a specific statutory obligation on promoters for a 5-year defect liability period from the date of handing over possession, which survives even after project completion.1

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