What Is the Defect Liability Period (DLP)?
The Defect Liability Period (DLP) — also known as the Rectification Period — is the legally defined timeframe after completion of a project during which the builder or contractor must fix any construction-related defects that appear.
It’s a mandatory clause in all professional construction contracts and serves as a buyer’s safety net to ensure quality and accountability even after handover.
Including DLP Clauses in Builder–Buyer Agreements
To ensure that the Defect Liability Period (DLP) is properly included in their construction contracts, homebuyers should partner only with credible and transparent builders. Reputed developers usually add this clause as part of their standard contract templates, setting clear expectations about accountability and rectification responsibilities.
Before signing, buyers must thoroughly review the agreement to confirm that the DLP clause is present and precisely worded. If the legal language is unclear, it’s wise to consult a real estate lawyer to understand the clause’s duration, coverage, and exclusions in full.
Every valid DLP clause should clearly specify:
- The length of the DLP period — typically 12 to 24 months in India, depending on the project’s scale and complexity.
- The types of construction or workmanship defects that the builder is obligated to rectify.
These details must be explicitly stated in the written contract before any advance payment or registration is made — never left to verbal assurances or vague promises.
DLP Under Indian RERA Law
Beyond contractual obligations, Section 14(3) of the Real Estate (Regulation and Development) Act 2016 (RERA) mandates that every promoter must rectify any structural or workmanship defects within five years of handing over possession — without charging the allottee.
If the promoter fails to repair within a reasonable period, the buyer can approach RERA for compensation or rectification orders.
Tamil Nadu-Specific DLP Rules
As per Tamil Nadu RERA Rules 2017:
“The Promoter shall rectify any structural defects … not as the result of any commission or omission of the Allottee, any damages caused due to acts of God, natural calamities, or tampering by the Allottee, if such defect is brought to the notice of the Promoter within five years from the date of intimating readiness to handover.”
In simple terms:
- The five-year countdown starts from the date the builder declares the unit ready, not necessarily from your possession date.
- Only structural defects qualify; normal wear and tear or owner damage are excluded.
- Third-party equipment like lifts or fixtures follow their manufacturer warranties.
What’s Covered and What’s Not
Covered:
- Cracks or settlement in beams, slabs, or walls
- Leakage and seepage from faulty waterproofing
- Defective plumbing or wiring
- Structural misalignment or sagging
Not Covered:
- Hairline plaster cracks, paint fading, or normal wear
- Damage from natural calamities or accidents
- Alterations or misuse by owner
- Consequential damages like furniture loss or mould damage
Buyer Rights vs Builder Obligations
The builder’s duty during DLP is rectification — not reimbursement for consequential damages. It means during the Defect Liability Period (DLP), a builder is legally bound to repair or rectify the defect itself — for example, fix a wall crack, seal a leaking roof, or replace faulty wiring.
However, the builder’s responsibility stops there. They are not required to pay for any indirect or additional losses that the defect may have caused.
However If the builder ignores initial complaints as defined by DLP :
- Send a formal written notice detailing the defect.
- Wait a reasonable period (≈ 30 days).
- File a complaint with TNRERA for enforcement or compensation.
How to Protect Yourself During DLP
- Double-check that the DLP clause is printed in your agreement.
- Note exactly when the period starts (ready-to-handover vs possession).
- Photograph and document all defects.
- Send complaints through traceable communication.
- Retain proof of every repair.
- Use Verified.RealEstate’s Legal Advisory & Agreement Review Service to ensure your DLP terms meet Tamil Nadu RERA standards.
Contractor’s DLP vs Promoter’s DLP
When a promoter hires a contractor, a separate DLP clause governs their internal responsibilities.
But legally, the promoter remains accountable to the buyer under RERA — even if the defect stems from the contractor’s workmanship.
Quick Takeaway
The Defect Liability Period (DLP) protects homebuyers after handover —
✅ 12–24 months under contract,
✅ 5 years under RERA.
Understanding and enforcing this clause ensures your dream home doesn’t become a repair battle.
Disclaimer
The information provided in this article is for general awareness and educational purposes only. It does not constitute legal advice or create a client–advisor relationship. Readers are advised to consult qualified legal professionals or use Verified.RealEstate’s Legal Opinion and Agreement Review Services before making any real estate decisions or signing construction contracts.
Verified.RealEstate is not liable for any action taken based on this content without proper professional consultation.