Snagging in India: possession, the snag list and RERA’s 5-year rule
"Snag list" is a familiar term in Indian real estate, and more buyers now inspect their flat — themselves or with a professional — before taking possession. Since RERA, they also have a clear legal backstop.
RERA's five-year rule
Under section 14(3) of the Real Estate (Regulation and Development) Act, if you bring a structural defect, or a defect in workmanship, quality or services, to the builder's notice within five years of possession, the builder must fix it within 30 days, at no charge. If it does not, you are entitled to compensation, and you can complain to your state's RERA authority.
The clock runs from possession, so keep the possession letter and date safely.
Inspect before possession
- Visit when the builder issues the possession offer, before you sign the possession letter.
- Check against the agreement for sale and the brochure specification — flooring, fittings, doors and windows.
- Test every tap, drain, switch and socket; run the shower and check for seepage below.
- Check the walls for dampness and cracks, especially in bathrooms and on external walls.
- Photograph everything, with the room and position clear.
Write it so it cannot be ignored
Send the snag list to the builder in writing — email or letter with proof of delivery — with each defect numbered, located and photographed. RERA authorities have held that a builder's bare denial is not enough against a documented complaint. Your dated list is that documentation.
Then inspect again near the end of the first year, and before the five years are up, for anything that has appeared since.
This is a general guide, not legal advice. Periods and rules change, and your own contract can add to them — check it, and take professional advice before relying on a deadline.