What are my rights if the builder is under warranty but hasn’t fixed a water leakage issue or electrical wiring damage?

Hi all,

I'm dealing with two major issues in my flat and need some advice on how to move forward. The builder is still under the 5-year warranty, so I believe they're responsible for fixing these issues but things have been dragging on for months.

Water Leakage Issue

For over four months, I have been facing a persistent water leakage issue. Initially, I reported it to the builder, who attempted repairs by working on the flat above mine. However, after multiple attempts, the leakage has only gotten worse. The top-floor owner is refusing to allow a water pressure test to check if the pipelines are broken, which seems to be a key part of identifying the issue. The builder suggested a PU grout treatment but, in the process, they damaged the electrical wiring in my ceiling. Now, the top-floor owner is again refusing to cooperate, leaving the problem unresolved.

Since the builder is still under warranty, what are my options here? Can I force the top-floor owner to cooperate or should I pursue legal action against the builder for not resolving the issue?

It's crucial to clarify who bears the responsibility in this situation. Should the top-floor owner's refusal to cooperate also be considered a breach of the warranty agreement?

Electrical Wiring and Ceiling Damage

During the water leakage repairs, the builder damaged the concealed wiring in my ceiling, causing a power outage in the room. After multiple attempts to join the wires, the builder now says that joining won't work and suggests a complete rewiring. They claim that concealing the new wires is impossible, and they will have to do open wiring, which involves breaking through the walls to join from the board. Additionally, they have told me they won't be doing any repainting or restoring the ceiling to its original condition since concealed wiring needs to break major parts of the wall.

Why should I bear the cost of open wiring and any wall/ceiling repairs caused by this? Shouldn't the builder be responsible for fixing this and ensuring the wires are concealed as originally planned?

It's perplexing that the builder is suggesting costly and disruptive repairs without addressing the original issue properly. Is this a typical response?

Legal and Regulatory Actions

I'm also wondering if filing a complaint with the RERA (Real Estate Regulatory Authority) could help me. Since the builder is still under the 5-year warranty, would RERA force the builder to conceal the wires, restore the ceiling, and cover the cost of repainting or any other damage?

Understanding the scope of RERA's intervention and the legalities involved in such situations is essential. It's important to know whether RERA can compel the builder to take full responsibility for these issues under the warranty agreement.

Advice Request

I would greatly appreciate any advice from others who have faced similar issues or are familiar with my rights in this situation. Your insights and guidance would be invaluable.

Thank you in advance!