Warranty and Defect Liability: What to Establish in Writing

Defect cover is the part of a purchase nobody reads until they need it, at which point the terms are already fixed. Establishing what defect liability period new home India purchases carry, and precisely what falls inside it, belongs in the conversation before handover rather than in a dispute afterwards.

Specific durations, scope and remedies vary with the agreement, the applicable framework and prevailing practice, and they change over time. This article deliberately does not state a period or describe your remedies, because a figure quoted here that differs from your executed agreement would be worse than no figure at all. Ask for the terms in writing, read them before signing, and have a lawyer acting for you review them alongside the rest of the agreement.

What you can do practically is create the conditions in which a claim is straightforward. Close the snag list in writing before accepting keys, with each item acknowledged, rectified and signed off — an open list at handover muddies any later claim. Retain the design-development sign-offs recording what was agreed for your residence, since a defect is measured against what was specified rather than against expectation. Keep commissioning documentation for the water treatment plant, rainwater harvesting, waste converter, fire detection and automation provisioning.

Raise anything you notice promptly and in writing. Dated photographs, a clear description and reference to the relevant specification or drawing convert an observation into a record. Verbal reports to whoever is on site do not survive staff changes. Where a defect involves community infrastructure rather than your own plot, establish whether it falls to facility management, the developer or the residents' association — that boundary is worth clarifying at handover rather than during a leak.

One boundary on this article, stated plainly: we are not lawyers, and nothing above is legal advice. For anything bearing on your own agreement — cover, duration, remedies, or how to pursue a claim — engage a qualified property lawyer. Our team will set out the current stage and what documentation will be issued through the ask our team about terms, which is a useful starting point for that conversation.

Related reading: Snagging a New Villa Before You Accept Keys.

FAQs

1. How long is the defect liability period?
   Duration, scope and remedies vary with the agreement and applicable framework. Ask for the terms in writing and have a lawyer review them before signing.

2. What strengthens a later claim?
   A snag list closed in writing before handover, retained design-development sign-offs, commissioning documentation, and defects raised promptly with dated photographs.

3. Who handles defects in community infrastructure?
   That depends on whether responsibility sits with facility management, the developer or the residents' association — clarify the boundary at handover.