Legalities to Check While Buying an Under Construction Apartment in Bangalore.

Blog, Legal Guidance No Comments January 6, 2025

When purchasing an under-construction apartment in Bangalore, it’s essential to verify the following legalities:

Pre-Construction Legalities

  1. Approved Building Plan: Verify the builder has obtained approval from the Bangalore Development Authority (BDA) or Bruhat Bengaluru Mahanagara Palike (BBMP).
  2. Commencement Certificate: Ensure the builder has obtained a commencement certificate from the local authority to start construction.
  3. Environmental Clearance: Check if the project has obtained environmental clearance from the State Environment Impact Assessment Authority (SEIAA).

Land-Related Legalities

  1. Land Ownership: Verify the builder’s ownership of the land through the title deed, mother deed, and khata certificate.
  2. Conversion Certificate: Ensure the land has been converted from agricultural to residential use, if applicable.
  3. Land-Use Certificate: Verify the land-use certificate from the local authority, ensuring the land is designated for residential purposes.

Builder-Related Legalities

  1. Builder’s Registration: Check if the builder is registered with the Real Estate Regulatory Authority (RERA).
  2. Builder’s License: Verify the builder’s license to construct the project.
  3. Builder’s Past Projects: Research the builder’s past projects and reputation.

Agreement-Related Legalities

  1. Sale and Construction Agreement: Carefully review the sale and construction agreement, ensuring it includes all necessary terms and conditions.
  2. Payment Schedule: Verify the payment schedule and ensure it’s linked to construction milestones.
  3. Penalty Clauses: Check for penalty clauses in case of delays or defaults.

RERA-Related Legalities

  1. RERA Registration: Verify the project’s RERA registration and the builder’s RERA ID.
  2. RERA Website: Check the project’s details on the RERA website.

Additional Checks

  1. NOCs (No Objection Certificates): Obtain NOCs from relevant authorities, such as the Pollution Control Board, Fire Department, and Electricity Board.
  2. Due Diligence Report: Consider hiring a lawyer to conduct a due diligence report on the property.
  3. Verify Original Documents: Ensure you verify the original documents and not just photocopies.

It’s crucial to work with a reputable builder and conduct thorough research to ensure a smooth and secure transaction.

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