Defects noticed within five years to be rectified.

If any defect in the building or material used, or if any unauthorized change in the construction is brought to the notice of the promoter, within a period of five years from the date of handing over possession of flats, it shall, be rectified by the promoter without further charge to the persons who have agreed to take the flats and in other cases, where the defect or change can not be rectified, such persons shall be entitled to receive reasonable compensation for such defect or change. Where there is a dispute regarding any defect in the building or material used or any unauthorized change in the construction, the matter shall, within a period of five years from the date of handing over possession, on payment of such fee as may be determined by the Housing Regulatory Authority, be referred for decision to such officer not below the rank of an Executive Engineer as the State Government may, by general or special order, specify in this behalf.