The purchase of a property from the builder is a long process and the buyer must obtain various documents from the developer before taking over the property completely. These important documents include occupancy certificate, possession certificate, and also the NOC from various institutes. This rule applies equally to the properties that are under- construction and also those ready to possess residential units. You must collect all the documents from the builder to avoid any issues that may arise in the future.

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What are the important documents to collect from the builder?

 

Listed below are certain documents that the buyer has to obtain from the builder after the registration process and before taking over the actual possession of the property.

  • Allotment letter:

The allotment is an important document that the buyer should obtain from the builder of the property as it includes all the details about the property that the builder is selling to the buyer. It also includes the complete details of the project. Since the allotment letter contains the details of the payment that has been made to the builder, it is also an important document for availing loan from any financial institution. This document along with other factors will help the bank to decide the maximum amount that they can provide a loan to finance your property.

  • Builder- buyer agreement:

As the name already states, the builder-buyer agreement is a document that contains all the agreed terms and conditions of the project. It is one of the most important documents for both the buyer as well as the writer as it has high legal value and in cases of any disputes between the builder and the buyer, this document plays an important role in proving the rights of the grieving party.

The document aims to protect the interest of both the parties and includes clauses relating to the time frame of the project, the terms, and clauses of payment, interest, penalties and default charges of the buyer, approvals, and sanctions obtained by the developer to construct the project, approved layout plans and drawings, title and approval of the project, etc.

  • Possession certificate:

A possession certificate is a document that shows the property has been legally transferred in the name of the buyer. Before taking over the possession of the property, the buyer should check and verify that the property has all the amenities that have been promised by the builder at the beginning of the project.

The size of all the rooms and their different associated features needs to be checked to ensure that the construction works have been carried out in the manner promised and that the property is ready for possession. Sometimes the buyer verifies the possession certificate based on the criteria mentioned above and hands over the original possession certificate to the builder while they keep the copy of the same.

  • Tripartite Agreement:

If the builder has acquired a bank loan to carry out the construction process on the property, then such an agreement becomes important. It is an agreement between the buyer, the builder, and the bank. The agreement contains various details such as the carpet area of the property, the amount extended as a loan, the payment dates, and also the penalty clause which indicates the rate in which the penalty will be charged.

The agreement also clearly states the rights and duties or obligations of each party. Since the complete right of the property has not been completely vested in the buyer of the property, the builder’s name has been included in the agreement.

  • Occupancy certificate:

An occupancy certificate is an integral document that is legally mandatory for the buyers to have to possess and occupy the property. On the completion of the prospect, the builder is responsible to make an application for the issuance of an occupancy certificate with the municipal corporation or the local authority that has been authorized to do so. The occupancy certificate is issued after inspecting to ensure that the construction works carried on the property are by the construction laws.

It is also an important document to avail facilities such as water, electricity, sewage management, etc. it is also a requisite for availing a bank loan.  Occupancy without an occupancy certificate is illegal and the buyer can be forced to evict the land and the building can also be demolished by declaring it as an unauthorized structure. The commencement certificate and the sanction plan of the property should also be acquired.

  • No objection certificate:

The no objection letter from the builder is also an important document that needs to be acquired from the builder. The NOC should be personalized as should contain the name and signature of the builder as well as the buyer. It is also important that the NOC provides the details of the property and the amount paid by the buyer along with the date on which the payment has been made.

On the complete payment, the NOC should mention that there is ‘no due’ remaining to be paid by the buyer of the property. The builder is responsible to collect a no objection certificate from different authorities before starting the construction works. NOC should also be acquired from the bank if the property has been pledged by the builder to avail loan to develop the project. All these NOC needs to be collected from the builder as well.

Conclusion

Purchasing a property is a dream for most of us. However, we must take extra caution in carrying out the process of investment. The buyer must ensure that all the documents of the property are authentic. It is recommended in the best interest of the buyer that they collect all the relevant documents from the seller as well as the builder of the property. It is better to collect all the documents to avoid any contingencies in the future.