Questions Legal

What are the documents to check before buying a flat from a builder?

Airtract

Pranet Sharma

Justice is truth in action

Purchasing property wherever in the world is a long-drawn and drawn-out struggle. But, in India, acquiring property is an especially demanding job with numerous feasible complications accompanying the way like unlicensed brokers, title checks, complex ownership laws, the state of the property itself, and funding, etc. So the whole procedure must be administered orderly to overcome the bothers that follow it. 

The accurate laws administering the auction of the property may be somewhat different in various states, but there are some agreements and certificates a builder or contractor must hold while they are selling flats. Here are the contractual papers that you must review while buying a flat from a builder:

1. Title Deed

Title deed is the customary way of conveying that you maintain a claim to something. In the real estate sector, the title applies to possession of the property, which means that you claim the right to exercise that asset. It can be a biased investment in the property, or it can be full. But, since you have a title, you may enter the property and probably alter it as you will.

2. Intimation of Disapproval (IOD)

A set of licenses that must be acquired by a builder at different stages of development. This must include obtaining permissions and a No Objection Certificate (NOC) from multiple departments like the Storm Water and Drain Department, Sewage Departments, Chief Fire Officer, Airport Authority Forest Department, Traffic and Coordination Department, Pollution Board, Environment Department, etc.

3. Commencement Certificate

A Commencement Certificate is a statutory document issued by the regional authorities once the site is inspected corrected. This document pronounces that the plan satisfies the given guidelines and assists in the initiation of construction according to the site by the builder. If you fail to take a Commencement Certificate, the construction will be considered unlawful, and will be given tax penalties and can even bring an eviction notice.

4Encumbrance Certificate

The encumbrance certificate is necessary for clients applying for a residence loan or securing a loan against property or if someone wants to sell or purchase a property. An encumbrance certificate comprises of all the actions filed associating to a particular property for a specific period of time. These details will also conclude of whatever rights or difficulty on the transferred property.

5. Approved Layout Plans

For the property to be legalized without any future concerns, the layout plans must be certified by the relevant planning authorities. Those buying the flat from builders need prudence as there are incidents where builders strayed from the signed layouts, by appending additional floors or decreasing some areas. 

6. Purchase Agreement

The contract comprises all important aspects of the construction design, such as the apartments, project designation, payment courses, the type and amount of penalty and conclusion deadlines, etc. This guarantees the plot persists with the principal owners and that the builder cannot interlace in extra construction on the plot. 



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