Telangana RERA Directs SVS Square Spaces To Fix Terrace Waterproofing Defects In “Bhuvi Residency” Flat

The Telangana Real Estate Regulatory Authority (Authority), on 5 May, directed SVS Square Spaces to carry out comprehensive waterproofing works and permanently rectify seepage and leakage issues in a homebuyer's flat, holding that the defects arose from defective workmanship in the terrace flooring and inadequate waterproofing.

Chairperson Dr. N. Satyanarayana with Members Laxmi Narayana Jannu and K. Srinivasa Rao allowed the complaint and held the promoter responsible for rectification of the defects. The Bench held:

“that the water leakages stemming from the terrace into the below floor constitute a clear instance of defective workmanship of the terrace flooring and an inadequate waterproofing course”

The homebuyer had purchased a flat in the project “Bhuvi Residency”, situated in Medchal-Malkajgiri District, Telangana, under an Agreement of Sale dated 14 November 2022 for a total sale consideration of Rs 48.64 lakh. After taking possession, he alleged severe seepage and leakage issues in the flat.

He submitted that water seeped from the terrace into the children's and guest bedrooms, while leakage from his unit also affected the bathrooms of the flat situated below. He further alleged development of cracks in bathroom walls.

Despite repeated complaints raised through emails and WhatsApp messages, the homebuyer contended that the builder failed to provide a permanent solution and only undertook temporary repairs. He relied on an independent inspection and thermal scanning report, which identified seepage and plumbing defects and recommended waterproofing measures along with relaying of terrace flooring.

The Authority noted that the homebuyer had paid the full consideration and was in possession of the unit. It further observed that 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.

On examination of the thermal scanning reports, the Authority found that the leakage originating from the terrace was attributable to defective workmanship in the terrace flooring and inadequate waterproofing.

It held that the promoter is under a statutory obligation to ensure that the building remains structurally sound and watertight. The Authority clarified that minor seepage issues and internal repairs within toilets after occupation fall within routine maintenance and remain the responsibility of the homebuyer.

Accordingly, the Authority directed the builder to permanently rectify the leakage and seepage originating from the terrace by relaying the terrace flooring and undertaking comprehensive waterproofing treatment in accordance with standard engineering practices.

It further directed completion of the works within 60 days and required the builder to obtain certification from a qualified waterproofing consultant confirming the effectiveness of the treatment for a minimum period of five years.