Legal Checklist For Buying Flats In Trivandrum

The capital city of Kerala, Trivandrum, is a thriving, culturally diverse metropolis. It is well-known for its tranquil beaches, ancient temples, and verdant surroundings, providing a lovely fusion of the modern era and tradition. Trivandrum has a thriving real estate market, making it a great place for anyone who wants to make real estate investments. Purchasing a flat in Trivandrum is a huge financial commitment and an important choice that needs considerable thought and research. Making sure you have all of the documents you need to protect your rights and give you an unambiguous title to the property is one of the most significant aspects of buying a home. To prevent future legal issues or conflicts, it is essential to carefully examine and confirm an extensive set of property documents prior to completing a real estate transaction. In order to make your purchasing process easier, we have created a legal checklist for purchasing a flat in Trivandrum.

Title Deed

The title deed is an important document that attests to the seller's property ownership. Obtain an Encumbrance Certificate from the Sub-Registrar's office to verify that the title deed is uncontested and clear of encumbrances. This certificate guarantees that there are no financial or legal obligations associated with the property.

Building Approvals And Compliance

If you intend to construct on undeveloped ground or purchase a property with existing structures, it is crucial to confirm that all building plans have been approved by the Trivandrum Municipal Corporation. Check to make sure the construction conforms with safety and building codes. Legal proceedings resulting from non-compliance may include demolition orders or expensive fines.

Completion Certificate (Cc)

A Completion Certificate (CC), an essential legal document, attests that the construction of a building was finished in compliance with the approved building plans and local laws. This document, which is issued by the applicable development organisation or the local municipal authority, is crucial for making sure the property conforms with environmental, zoning, and safety regulations. Unauthorised construction or changes from the authorised plan may be indicated by the lack of a Completion Certificate. You could run into financial or legal problems without a CC, such as having trouble connecting to services like power and water. To protect your investment and avoid future issues, make sure the seller gives you the Completion Certificate before completing the transaction.

Occupancy Certificate (Oc)

The occupancy certificate attests to the apartment's compliance with the authorities' authorised plans. It certifies that the building was constructed lawfully and is suitable for habitation. Documents such as the beginning and completion certificates, the sanction plan, tax receipts, the NOCs from the relevant authorities (such as the fire, forest, and pollution departments), property photos, and the area calculation sheet must be shown in order to receive the OC.

Encumbrance Certificate (Ec)

A property's recorded legal or financial encumbrances, such as debts or mortgages, are confirmed by the Encumbrance Certificate. Nevertheless, it excludes unregistered contracts, ongoing legal disputes, and unpaid taxes. Checking for an Encumbrance Certificate can be done by visiting the land records website of the relevant state. To make sure there are no unreported claims or legal issues with the property, a comprehensive title verification is advised. Future legal or financial conflicts may arise over the property if the EC is not clear.

Property Tax Receipts

Property taxes that are not paid are a levy on the property that reduces its marketability. Thus, it is your responsibility to confirm with the local government that the seller has not defaulted on property taxes. Make sure to request from the vendor the receipts for any utility bills. Please be aware that you will be responsible for paying any outstanding debts related to the property, whether they be utility or otherwise, as soon as it is transferred into your name.

Conversion And Land-Use Permission

Determining whether the property is on residential, commercial, industrial, or non-agricultural land is crucial since many state and federal regulations limit the uses of land. Since non-agriculturists risk legal repercussions for buying agricultural property, it is crucial to make sure the property is situated on non-agricultural residential land. You also need to make sure the property conforms with the zoning plan. Obtaining the required approval from the Town Planning Authority for a change of land use is required if the actual land use deviates from the zoning plan.

To learn more about the legal documents and checklist to verify before buying an apartment, check out the detailed blog here!

No Objection Certificate (Noc)

NOCs from the local development authority, water supply board, electricity board, and fire department must be obtained prior to buying an apartment from a builder. These NOCs attest to the building's compliance with all applicable safety and legal requirements.

Outstanding Bank Loan

Checking to see whether there is an existing loan on the property is essential if you are purchasing a resale property. To collect the original property paperwork from the bank and transfer the property in your name so that you may obtain a loan of your own, you can ask the seller to pay off the remaining loan balance. Alternatively, you can request to have the loan transferred from the seller's name to your own and keep up your payments. To guarantee a clean title in any event, be sure to obtain copies of the title papers, loan outstanding statement, and no dues certificate from the bank.

Compliance Under Rera

According to the RERA, developers must register their projects with the body established under the Act. It is recommended that a buyer who plans to purchase a property in a project covered by the RERA confirm if the property has been registered with the agency. The legislation requires all real estate agents to be registered with the state RERA in order to operate lawfully, therefore buyers should be aware of this.

Conclusion

Buying a flat in Trivandrum is a major financial commitment, and doing adequate research is essential to a safe and easy transaction. You may protect yourself from potential legal issues and monetary losses by carefully examining the property's legal, financial, and physical elements. Every stage of the decision-making process is vital, whether it is confirming ownership paperwork, making sure regulations are followed, or determining the property's market worth. Getting expert legal counsel and keeping up with pertinent legislation might help you feel more confident about the investment.