What to Check Before Booking a Flat from a Builder: Legal Checklist Every Buyer Must Follow

Booking a flat—especially in an under-construction or newly launched project—is a big step for any property buyer or investor. While glossy brochures, virtual tours, and builder promises may look appealing, failing to conduct a legal due diligence check before booking can result in financial losses, stalled projects, or court battles.

At KHA ADVOCATES, we help buyers—especially first-timers and NRIs—safeguard their investments with comprehensive legal support. This guide lays out a legal checklist to follow before you pay that booking amount.

1. Check if the Builder is RERA Registered

Why it matters:

Under the Real Estate (Regulation and Development) Act, 2016, all builders must register their residential projects (above a certain size) with RERA.

What to verify:

• RERA Registration Number

• Project details on your state’s RERA website

• Completion timeline and approvals

Tip: Visit https://rera.gov.in and cross-check project details.

📌 KHA Tip: We verify RERA registration and flag any discrepancies before you invest.

2. Verify Title of the Land

Why it matters:

The builder must legally own or have development rights over the land. If the land title is disputed or not clear, the entire project becomes risky.

What to verify:

• Title Deed and Ownership Chain (30-year verification)

• Encumbrance Certificate (EC)

• Lease/Development Agreements (if applicable)

📌 KHA Tip: We conduct deep title verification and provide certified legal title reports.

3. Check Project Approvals & Sanctions

Why it matters:

Without proper municipal and environmental approvals, the builder may face demolition or delay orders. You risk losing time and money.

Key approvals to verify:

• Commencement Certificate (CC)

• Building Plan Sanction by local authority

• Environmental Clearance (for large projects)

• Fire Safety and Airport NOC (if applicable)

📌 KHA Tip: We inspect all sanctions and compare them with construction on-ground.

4. Examine the Allotment Letter & Builder-Buyer Agreement

Why it matters:

These are legally binding documents that define your rights, timelines, penalties, and possession terms.

Watch for:

• Clause on delivery date and delay penalties

• Force majeure clauses

• Escalation charges or hidden costs

• Refund/termination terms

📌 KHA Tip: We negotiate the Builder-Buyer Agreement and protect you from one-sided terms.

5. Understand the Carpet Area Clauses

Why it matters:

Builders often quote “super built-up area” to appear cheaper. But you only own the carpet area.

Legal point:

RERA mandates disclosure of carpet area and its definition.

What to check:

• Clearly mentioned carpet area

• Loading % (difference between super built-up and carpet)

• Agreement mentions area escalation clauses?

📌 KHA Tip: We break down the loading percentage and explain your actual usable space.

6. Check for Litigations & Pending Cases

Why it matters:

Even a high-profile project can have pending disputes or litigation that stalls completion.

How to check:

• Builder’s litigation history (via High Court/SC portals)

• RERA complaints

• Consumer forum or NCLT disputes

📌 KHA Tip: We do background checks on builders across legal portals and flag red zones.

7. Verify the Builder’s Previous Projects

Why it matters:

Past delivery record speaks volumes about future reliability.

Things to verify:

• Completion history

• Quality of construction

• Delay frequency

• Consumer complaints

📌 KHA Tip: We verify past project delivery and check for blacklisted builders.

8. Check Home Loan Pre-Approvals (If Any)

Why it matters:

If reputed banks have approved loans for the project, it signals that due diligence has been done. Still, it’s not foolproof.

Check for:

• Which banks have approved the project

• Loan eligibility terms

• Loan-to-value ratio offered

📌 KHA Tip: We independently verify bank clearance and help you secure home loans at best rates.

9. Ensure GST, Stamp Duty, and Tax Implications Are Clear

Why it matters:

Tax liabilities, if not properly calculated, can spike your cost by lakhs.

What to check:

• GST applicable for under-construction flats (usually 5% without ITC)

• Stamp duty & registration charges

• TDS (1%) if value exceeds ₹50 lakh

📌 KHA Tip: We help optimize your property taxes and legally reduce stamp duty wherever possible.

10. Review Possession Timeline & Completion Certificate

Why it matters:

You must legally take possession only after receiving the Occupancy Certificate (OC) or Completion Certificate (CC).

Ensure:

• Delivery date is not vague

• Compensation clause for delay

• Final handover includes OC and NOC from authorities

📌 KHA Tip: We ensure legal handover, post-registration compliance, and verify builder’s obligations.

🚨 Never Pay in Cash or Unaccounted Payments

Why it matters:

Any cash transaction is illegal and non-defendable in court. Always insist on full transparency.

📌 KHA Tip: We ensure all payments are through legal channels and documented properly.

Why Buyers & Investors Choose KHA ADVOCATES

At KHA ADVOCATES, we don’t just “check papers”—we secure your entire property purchase from booking to registration. Whether you’re a first-time buyer or seasoned investor, our services include:

• ✔️ Title Verification (30 years)

• ✔️ Builder-Buyer Agreement Drafting & Review

• ✔️ Property Registration & Mutation

• ✔️ Stamp Duty Optimization

• ✔️ Legal Due Diligence & Litigation Check

• ✔️ Home Loan Legal Support

• ✔️ Dispute Prevention & Litigation

📞 Ready to Book a Flat? Don’t Do It Without Legal Backing.

📞 Book a Legal Consultation with KHA ADVOCATES

👉 Call us now : 94-777-5-888-5

👉 WhatsApp: 8101-555-666

👉 Email us: contact@khaadvocates.in

👉 Visit: www.khaadvocates.com