As a home buyer, you must have done extensive research work regarding the location, plan, amenities offered, etc. before choosing a flat from a reputed builder. It is important to show the same amount of diligence while dealing with the legal formalities involved during the purchase of your flat. Or else the chances are that you will land in trouble. Here are a few pointers on how to ward off legal turmoil before buying flats in Thrissur.
The first thing to consider when you are planning to buy a flat is to check whether the project has got all the necessary licenses, approvals, and certificates from the concerned LSG bodies. Kerala Municipal Building Rules (KMBR) lays down certain rules which are to be strictly followed by the builders in Kerala. The building or property should also abide by the City Development Plan and Master Plan and follow the latest building guidelines.
Environmental protection area: It is important to ensure that the building does not fall under any regulatory zones which may demand environmental clearance.
Nature of permit: Check with the concerned municipal corporation, the type of permit obtained by the building – provisional or absolute. Ensure that the specified building holds an absolute permit so that it is not prone to legal issues in the future.
Other certificates that will be necessary to state that the purchased property is legal are as follows:
Project Commencement Certificate
It is a certificate issued by the concerned local authority allowing the builder to start construction of the property. (Based on a set of criteria)
Project Completion Certificate
This certificate is given to a real estate project if it complies with the building plan and also the rules set forth by the local development authority or Municipal Corporation. This certificate is required for the developer to ensure the smooth supply of utilities like water, electricity and drainage system.
Title deed is another crucial legal document which should be scanned thoroughly when you are buying an apartment from a builder. The title deed should be examined to confirm that the builder owns the property fully and avoid any risks involved. You can even seek a lawyer’s help for the same. You can collect details about the land status to check whether the builder owns the land or just the property.
Look for safety measures adopted by the builder, including provisions for fire escape. Ensure that such spaces are not enclosed for creating additional rooms.
You should check whether the apartment building is caught in any legal dispute or currently facing such issues. Proceed further only if you are very sure that the building has cleared any legal hurdles that it has faced.
Display of building plan
It is compulsory for all multi-storeyed building complexes to display the building plan and other legal documents in the entrance hall. This is a testament to the builder’s transparency in legal matters.
In the case of multiple owners of the property, ensure that there are no disputes between them and that there is no objection from any partner regarding the ownership of the property.
Size of the property
It is always better to have a good awareness of the size of your property. Since builders usually advertise only the super built-up area, including the common spaces like the lobby and staircase, you should have a clear idea about the actual spaces you will own. Buyers often discover that the core area is 30% less than those mentioned by the builders. For example, if you are buying a 2-BHK flat with an area of 1500 sq. ft. as mentioned by the builder, the actual core area could be just 1000-1050 square feet.
8.Home Purchase Agreement
The home purchase agreement which contains vital building information such as project specifications, payment conditions, deadlines for completion and even the type of punishment in case of any faulty practices, should be reviewed in detail. Examining this document is a legal responsibility of the home buyer.
If the property you are planning to buy has been handed over from one party to another, you must verify the legal aspects pertaining to the transfer of property.
Hope you found this article beneficial. Keeping these aspects in mind would help you to have a hassle-free experience while dealing with the legal formalities before buying a flat in Kerala.
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