Home buyers’ checklist while dealing with the builder, developer

 The third part of the multi-part series details an exhaustive checklist for home buyers that would help them avoid the Campa Cola like situation

Property buying is not all that simple though it is one of the most important investments one can make. Therefore, it is imperative that you make sure you do all the right things before buying a home, flat, bungalow or any real estate property. It is a rather complicated process. Fortunately, by following this property buying checklist guide, one can make sure that she stays safe and smart while buying the dream home. The only qualification as on date to be a builder is to have a sweet tongue and a smiling face.

For cooperative housing societies, which want to go for conveyance deed or deemed conveyance, the notice to the builder should state that he should submit all documents whichever are in his possession to the society.

In the run up to the Moneylife Foundation seminar to be held on 23rd November, Vinod Sampat has listed out an exhaustive list of things to keep in mind below. Before reading the rest of the article, you may want to register for the seminar beforehand as seats are on first-come, first-served basis and limited in numbers.

STAGE 1: Before property buying

1.1 MOU through which you acquired the property

1.2 Title search papers. Checking 7/12 utara and details of CTS plan. Copies of stamp duty payment /registration. Index of all the purchaser’s mutation Report. DP remarks.
KJP (Kami JastaPatra) / CTS / survey nos and verification of property card

1.3 Public notice in newspapers before purchase of property

1.4 ROC registration check

1.5 Check done with regards to Litigation as regards the said property

1.6 Copy of agreement with the vendor

STAGE 2: Before intimation of disapproval (iod) is issued for development of plot 

2.1 Demarcation of Plot (Fencing and Boundry)

2.2 Obtain property card in owners name

2.3 Urban Land Ceiling (ULC) clearance

2.4 Check zone

2.5 Redevelopment permission

2.6 DP remarks

2.7 Forest/ private forest

2.8 Labour NOC

2.9 Highway NOC

2.10 CRZ NOC (1,2,3 or 4)

2.11 Zone conversion

2.12 Amalgamation of property

2.13 NOC from MMRDA, if applicable

2.14 Survey of the plot to confirm the following: a) Existing ground levels (w r t to THD)
b) Site elevation remarks c) Sewage Line d) Over Head (OH) Line e) MTNL Line f) Water Line g) Road Level (w r t THD) h) Soil Investigation Report

2.15 FSI related (a) Evaluation of existing FSI and Maximum usage / exploitation of plot (b) Type of additional FSI required / TDR arrangement etc and Loading the same

2.16 Broad evaluation of proposed project

2.17 Selection of architect (For BMC approval)

2.18 Approval of architect

2.19 Preparation of documents to be given to architect for submitting of proposal to SRA / MCGM

(a) Plan submission by architect

(b) Ownership document i.e. 7/12, 6/12, CTS plan, PRC and KJP

2.20 Selection of various consultants based on project a) structural consultant b) services consultant c) design architect d) environment consultant e) aviation consultant f) license plumber

2.21 Soil investigation

2.22 Receipt of IOD

2.23 Consent to establish (If applicable)

2.24 Special planning authority

2.25 Railway authority NOC

2.26 Heritage conservation committee

2.27 NOC for cessed property in island city

2.28 Public parking lot

STAGE 3: The following conditions to be complied with on receipt of intimation of disapproval (IOD) further to which we go ahead to CC upto plinth Level

3.1 SWD remarks

3.2 NOC / drainage approval from EE sewerage

3.3 NOC from HE

3.4 CFO, NOC

3.5 Traffic and co-ordination (if regular proposal)

3.6 NOC from mechanical and electrical

3.7 NOC from high rise committee

3.8 NOC from MoEF

3.9 Tree NOC

3.10 Appointment and acceptance of architect

3.11 Appointment and acceptance of site supervisor

3.12 Appointment and acceptance letter of structural consultant

3.13 Photocopy of licenses of all licensed consultants

3.14 Photocopy of license of site supervisor


3.16 Borewell permission

3.17 HE NOC 3.18 No due certificate from AEWW

3.18 NOC from AE (Environment) from debris disposal

3.19 CTS plans

3.20 PR card

3.21 DP remarks

3.22 Rain water harvesting system

3.23 Non-agricultural permission

3.24 DP road PRC on MCGM name, if any

3.25 Registered undertaking (RUT) for agreeing to handover set back area, if any

3.26 Indemnity bond for damages risk, accidents

3.27 Undertaking regarding no nuisance

3.28 Regular/ sanctioned / proposed lines and reservation to be demarcated through AE survey

3.29 Appointment of license plumber

3.30 NOC from assistant assessor and collector

3.31 RUT for not misusing stilt, pocket terrace etc

3.32 NOC from Reliance Energy

3.33 NOC from pest control dept

3.34 Insurance policy for workers

3.35 Janata insurance policy

3.36 RUT for not misusing basement

3.37 Certificate from structural engineer for complying requirement for earthquake design

3.38 Soil investigation report

3.39 Structural design and calculation with drawing by structural engineer

3.40 NOC from Airport Authority of India

3.41 Revalidation of ULC NOC, if required

3.42 Location clearance from police commissioner

3.43 NOC of PWD for theatre building

3.44 Labour license (to be taken by principal employer and handed over to contractor)

3.45 Submission of proposals with compliance to SRA / MCGM

3.46 Preparation of estimates

3.47 Preparation of execution plan

3.48 Approval of execution plan

3.49 Completing preliminary work before commencement of project

3.50 Batching plant approval, if necessary

3.51 STP approval, size, location & capacity

3.52 NOC from environment section

3.53 Street light remarks

3.54 Approval of road consultant design from road department

STAGE 4: Compliances after receipt of CC (Plinth level CC to full CC)

4.1 Award contract for construction

4.2 Statutory compliances for labour laws

4.3 Obtain Sanctions for:- a) temporary water connection (requirement of bore well, if any) b) temporary electrical connection c) temporary drainage connection, if required d) temporary structures

4.4 Excavation permission (royalty)

4.5 Checking of CC conditions and offsets

4.6 Arrange plinth level inspection

4.7 Plinth certificate from RCC consultant

4.8 Completion certificate from all consultants such as architects, licensed site supervisor, RCC, PMC, TPQA (third party quality audit) and peer review of RCC consultant

4.9 Application of Full CC

STAGE 5: CC to OC and compliances before applying for OC

5.1 Progress as per sanctioned plans

5.2 Review of project costs

Comply with the following before applying for OC

a) RCC consultant’s stability Certificate & RCC plan duly pasted on canvas

b) Fire NOC by CFO


d) Lift inspector's NOC

e) Electric inspector NOC (Permanent Power & Substation etc)

f) Sewage dept NOC / drainage completion certificate

g) Diesel generator approval and registration

h) Final tree NOC

i) STP environmental clearance

j) STP work completion certificate

k) HE specific NOC for hydro-pneumatic system

l) PWD completion for theatre bldg

m) SWD completion certificate

n) Dry fittings approval (water pipe related)

o) Terrace looping for water line

p) Submission of 'P' form parallel

Receipt of OC

1) Road digging permission for laying water pipe line

2) Water connection (certificate)

3) Handing over property to new owners

4) Demobilisation

5) Closing accounts

a) Debris disposal receipt before submitting application for BCC 270 

Permission from water department Receipt of Building Completion Certificate (BCC)

STAGE 6: Conveyance to new owner (documents required to apply for conveyance)

6.1 7/12 Abstract / CTS

6.2 Search report and title clearance certificate from advocate

6.3 Index II of earlier owner

6.4 Property card of earlier owner

6.5 Conveyance deed of earlier owner with the name appearing in the proper card / 7/12

6.6 Transactions and chain of documents pertaining to the same as stated in the title report

6.7 Development agreement duly stamped, if applicable

6.8 CC issued by MCGM

6.9 OC issue by MCGM + approved plan

6.10 BCC issued by MCGM

6.11 Proof of individual payment of registration fee

6.12 Original agreements executed by the builder with individual flat purchasers

6.13 Copy of IOD

6.14 Copy of previous Power of Attorney (if any)

6.15 ULC order, if applicable (normally under section 20 or 22)

6.16 Copy of list of NA Tax bill by the builder / land tax – collector documents that the builder will handover to the new owner

a) Original documents of title to the property

b) Property power of attorney

c) Architectural and structural drawings

d) Audited statements of accounts for the amount collected by the developer / builder

e) Handing over all statutory approvals in original

f) Property tax to MCGM ii) tax clearance certificate (Check if a certificate such as No Dues Certificate be obtained)

STAGE 7: Highrise Committee (HRC) Checklist (if applicable)

7.1 Application form

7.2 Project personnel on record and contact information (Appendix-A)

7.3 Plot and geotechnical information (Appendix-B)

7.4 Conceptual location plan (1-3Km)

7.5 Architectural Set a) Site Plan b) All Floor Plans and FSI Calculations c) Elevations d) Sections

7.6 Structural a) Drawings b) Report c) Wind Tunnel Analysis d) Peer Review

7.7 DC Regulation clearance

7.8 Environment clearance

7.9 Soil investigation report

7.10 Shadow analysis

7.11 Airflow analysis

7.12 Traffic analysis

7.13 Water and waste water management plan

7.14 Safety and disaster management plan

7.15 Site summary report (To be made available at site at the time of Site Visit by technical committee for High Rise Building along with Site plan & all Architectural Drawings)

Stage 8 Environmental Clearance (EC) Checklist - State Level Expert Appraisal Committee (if applicable)

8.1 Application Form consisting of Appendix A (form 1) and Appendix B (form 1A)

Key Inputs:

a) Basic information of project

b) Activity

c) Use of natural resources in project

d) Use, storage, handling and production of materials

e) Production of solid wastes during construction or operation or decommissioning

f) Release of pollutants or hazardous substance to air

g) Generation of noise, emission and vibration of light and heat

h) Risks of contamination of land and water from releases of pollutants into ground or into sewers, surface waters, groundwater, coastal waters or sea.

i) Risk of accidents during construction or operation of the project, which could affect human health or the environment

j) Factors which should be considered (such as consequential development) which could lead to environmental effects

8.2 Environment sensitivity

8.3 Environmental impacts

a) Land environment

b) Water environment

c) Vegetation

d) Fauna

e) Air environment

f) Aesthetics

g) Socio-economic aspects

h) Building materials

i) Energy conservation

j) Environmental management plan

8.4 Environmental infrastructure

a) Solid waste management

b) Waste water treatment

c) Green area

d) Rain water harvesting

e) Energy conservation measures

f) Water requirement

g) Sewer line and drainage line details

h) Details of the EMP

i) Disaster management plan

8.6 List of native trees suitable for beautification in garden / building premises

Stage 9: Building and Other Construction (boc) Workers Act 1996, Contract Labour (Regulation and Abolition) Act (CLA), 1970 and Maharashtra Contract Labour (Regulation & Abolition) Rule, 1971

9.1 Registration of principal employer owning the site (as per CLA)

9.2 Registration of contractors under contract Labour Regulation Act (as per CLA)

9.3 Registration of labour working at site by payment of Rs25 towards enrolment and Rs60 towards annual subscription. Total Rs85 per labour (by the contractor) (as per BOC)

9.4 Maintenance of records together with the safety provisions as follows:-

a) Every worker must wear and carry gumboots, helmets, safety belts and hand gloves

b) Muster cum wages register

c) Minimum wage

d) Labour camp / accommodation

e) Drinking water facility. It should be at least 100 mtr away from Urinals

f) Latrines and urinals separate for male / female

g) Crèches

h) Provision of First Aid

i) Medical check up at regular intervals by Govt medical officer

j) Canteens (250 workers)

k)  Safety Officer

l) Identity Card for each

m) Fixing hours of work

n) Fire protection

o) Emergency action plans

p) Health and safety policy

q) Eye protective

r) Dust, Gases, Furness etc

s) Provision of Nets across the site

t) Appropriate, preferably metal scaffoldings

Stage 10: Public Parking Lot Checklist - Parallel activity at any stage of IOD, CC or OC (if applicable)

10. 1 Proposal submitted to Road Dept, MCGM

10.2 Road Dept sends note to a) Jt CP – NOC b) CFO NOC c) Bldg Proposal NOC d) Urban Dept

10.3 Minutes approved on HPC (High Power Committee of MCGM)

10.4 UDD approves in principal

10.5 Sent to road department with remarks

10.6 LOI issued

Stay tuned for the 4th part which will be published tomorrow in the run up to Vinod Sampat’s seminar. Register for the Moneylife Foundation Event by Vinod Sampat.

Check the first part over here:

Check the second part here:



Those seeking help or advice on CHS issues can contact
Moneylife Foundation’s Legal Resource Centre (LRC) ( http://moneylife.in/lrc.html )

(Adv Vinod Sampat is a practising lawyer since past 28 years. He has authored several articles on property-related matters and written 46 books on cooperative societies, transfer of flats, recovery of dues, registration and stamp duty matters. He has been an Hon. Patron member of the Estate Agents Association of India. He is also the Hon. Advisor of the Federation of Accommodation Industry of India and is an advisor to the Maharashtra Chamber of Housing Industry as well as the Federation of Accommodation Industry in India, apart from being part of many committees and winning several honours.)

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    arun adalja

    6 years ago

    good ainformation but practically it is impossible to get all things mentioned in article.

    Amey Kubal

    6 years ago

    Fantastic and exhaustive article...I am buying a flat in an under construction project in Pune..this is going to help me a lot and reduce the burden on my head before I go ahead. Way to go...Hats off.

    Campa Cola: ‘Battling the bulldozers’ is an eye-opener for home buyers

    While builders, developers, govt officials and politicians manage to get away with blue murder, it is the innocent residents that bear the brunt of the burden in actually witnessing their hard-earned savings being bulldozed

    Two leading newspapers on 17 November 2013 – Sunday Times of India, Mumbai and The Hindu Business Line, coincidentally carried reports with a common theme but different perspectives - “Battling the Bulldozers and “Lessons from Campa Cola” respectively. The reports ought to be eye-openers to all citizens more particularly those living in the growing metros.

    Flagrant violations of the land use norms with the active and passive connivance of the neta-babu-builder mafia nexus has become the order of the day. While the perpetrators manage to get away with blue murder, it is the innocent residents that bear the brunt of the burden in actually witnessing their hard-earned savings being bull dozed for no fault of theirs by unwittingly falling victims to the sweet promises of the shelter of roof over their heads of a Home-Sweet-Home.

    Though there are many clusters of the juggi-jhopdis in and around the National Capital Region of New Delhi and its surrounding areas, residents of Mumbai are mute witness day-in-and-day out to the blatant wrongdoings both for the numerous high-rise luxurious apartments essentially on mill lands bang in the heart of the city, as well as the proliferating slums coming up all over the metropolis, making over 60% of Mumbaikars slum residents. Being great vote banks, the slum clusters are seen to be actively supported by the parties and netas of all hues and colours who tacitly acquiesce by supporting their initial setting up but conveniently put on the disappearance act when the bull dozers raise them down.

    According to an RTI (Right to Information) response in Delhi’s Lutyen’s bungalow zone, the UPA government has allowed BSP supremo, Mayawati, whose support is crucial for its existence, to retain and merge three Type VI bungalows 12, 14 and 16 on Gurudwara Rakab Ganj Road, also allowed one Type VIII bungalow 4 on the same road and another number 3 on Tyagraj Marg by according approval to the Bahujan Samaj Prerna Trust to merge into mega buildings. Initially the Government’s Directorate of Estate had raised various objections on account of numerous violations and to also to their amalgamation a single unit to construct a 32 bedroom complex. Though there is a complete ban of constructions in the bungalow zone, these and five other charitable trusts – Nehru Memorial Museum, Lal Bahadur Shastri Memorial, Babu Jagjivan Ram Memorial, Indira Gandhi National Centre for Arts and Rajiv Gandhi Foundation are allowed to operate in the zone.  All these are cases of “official violations” conveniently approved, just because they concern VVIPs!  

    High rises in the metros

    Flats in Mumbai are sold and taken possession of and fully occupied despite the absence of the mandatory Occupation Certificate (OC). According to an expert, there are over 55,000 buildings without OC from the Municipal Corporation for non-compliance with and in violations of deviations from the approved plans, non-compliance with sanction conditions, building-byelaws including exceeding FSI norms, illegally covered projections, flouting of CRZ and Air Space regulations, Fire safety and building stability norms, illegal utilization of mandatory open and parking spaces, margins and set backs, land use, zoning laws, green belt/mangroves, construction on roads, pavements, water bodies, pipelines and near hazardous industries.

    In the case of Campa Cola alone, as against the approved 5 floors the builder had 17 floors in one tower and 20 in another. In the other scam tainted Adarsh, a VVIP building in Mumbai’s tony down town, Colaba, with a sanctioned plan for just six stories had ended up in constructing 31 stories when completed! There were wholesale violations from the word go – no prior clearances for use of defence lands, no environmental clearances, encroachment on roads and foot paths, no air space clearance and floors built far in excess of those sanctioned. The allottees were all VVIPs including service chiefs, ministers’ kith and kin, and topmost serving bureaucrats. The joke goes – every top babu who touched the Adarsh file was rewarded with an illegal flat – from the city’s Municipal Commissioner to the City Collector!

    Jayant Tipnis (70) one time the Campa Cola Society’s long time (since 1985) architect has publicly gone on record to say that he had cautioned the builders of irregularities on various occasions. He asserts that everyone, repeat, ever one of the residents, was very well aware of the irregularities when they acquired the flats at throw away prices. Despite BMC from time to time issuing stop work notices, the developers just went ahead even to the extent of covering and selling the stilt area to a reputed ad agency. The BMC engineers all along preferred to look the other way rather than initiate demolition. Four successive chief ministers of Maharashtra rejected the applications for regularisation that was subsequently confirmed by the Bombay High Court and upheld by the Supreme Court. Consequently the Campa Cola residents cannot now claim that were unaware of the blatant irregularities, believing that   by throwing money can bring about regularisations.

    On 18 November 2013, the chief minister of Maharashtra had sought the President’s assent to the Maharashtra Housing (Regulation & Development) Bill, 2012 that was passed by the State Legislature last year. This is stated to be a “Comprehensive legislation seeking to ensure full disclosure by promoters and developers and compliance of agreed terms and conditions through registration, monitoring and regulating real estate projects by a Housing Regulatory Authority, by seeking to usher transparency, remove information asymmetry and bring discipline in real estate transactions. It aims at promoting planned development and construction, sale, transfer and management of flats in residential buildings and other real estate projects and protects the interests of home buyers. Help in substantially curbing violations in the DC Rules including adherence to FSI norms.”     

    Now the lessons from Campa Cola:

    • Flat buyers should bear in mind the age old golden rule – caveat emptor customers beware! To avoid disruption of life when demolition becomes inevitable
    • Going in for completed buildings is a far safer option than under-construction flats that may sound comparatively cheaper
    • Before putting signature on the dotted line on initial agreement and at every stage in the process thereafter, according top priority should carry out Due Diligence of the Builder and the Project.  Even some reputed builders have been found to be not above board on the land use issues
    • Inspection of the original title to the plot,  conformity to its exact land use under-developed plan and zoning requirements by visiting the BMC Building Proposals Department to ascertain the authenticity of the copies of approvals, NOC from CRZ, air space, defence and proximity to hazardous industries
    • The agreement given by the builders need to be vetted by an experienced independent attorney to ensure that it includes adequate guarantees to title and approvals and also provide for compensation for non-compliance

    Bull dozing slum clusters

    It needs to be pointed out that in both Adarsh and Campa Cola, no bulldozer was ordered to move in. But authorities do not hesitate to put them into ruthless use for mowing down slums that the poor have shelled out thousands out of the sale proceeds of their farm lands as also their hard-earned sweat and labour in Mumbai’s sun and rains. At times the slum lords go to the extent of setting fire to the entire slum cluster to bring about forcible evictions.  

    Around the same time as the media frenzy over Campa Cola Society the media conveniently ignored the plight of 323 households of the 46 member Ganesh Kripa Society at Golibar, Khar. Half of the residents refused to budge, choosing to live in the midst of rubble in a neighbourhood now resembling a war zone. The conditions in the transit camp are most unsanitary, built on illegal Air Force Land with the builder forging signatures.  According to a victim, BMC/MMRDA/SRA/CIDCO demolition crews tend to have an uncanny knack of turning up only during board examinations when hall tickets are forcibly moved to transit camps.

    One dislodged slum dweller rightly laments the soft treatment accorded to Campa Cola residents who mocked the authorities by locking the gates and parking their cars saying, “Run the bulldozers over us and the BMC authorities and police do nothing just because they are rich. On the contrary, when we protest they just shove us in to the police vans. How come they can violate the Supreme Court rulings when we are required to abide by the 2010 Bombay High Court orders?”

    According to a well known civic activist, it is only after the state government places an absolute ban on registering irregular real estate transactions by collecting hefty stamp duty on flat transfers in Non-OC buildings can these violations  be put to an effective end.

    The government by collecting huge stamp duty virtually accords its official stamp of approval to the sale and purchase of illegal/ irregular constructions that continue unabated. On the other hand it also unjustifiably chooses to maintain that the poor slum dwellers do not warrant protection just because they do not hold state authenticated documents of title that the state confers on the rich and denies to the poor. A case of absolutely perverted logic! In the recent past buildings built as late as 30 years back have started crashing like pack of cards.  

    It is time the society wakes up to rectify this widespread blatant discrimination between the so-called haves and the have nots practised right in our midst today.  


    Those seeking help or advice on CHS issues can contact
    Moneylife Foundation’s Legal Resource Centre (LRC) ( http://moneylife.in/lrc.html )


    (Nagesh Kini is a Mumbai-based chartered accountant turned activist.)

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    Ashok Chellani

    2 years ago

    In my society there is a case where the original allotted expired 25 years ago nominating his wife who expired in 2004 Re nominating her daughter in law who took care of her and her husband even though the other children were there in the year 2006 all the legal heirs have give relinquished their rights by a notarized affidavit the society had transferred the share certificate on the basis of the nomiform now my question is what is the position of the daughter in law as the building is going for a redevelopment

    Charu Deshpande suicide: Tata Steel's Prabhat Sharma booked by Vasai police

    Prabhat Sharma, the head for corporate affairs at Tata Steel has been booked by Vasai police for allegedly abetting the suicide of Charu Deshpande, the steelmaker’s former PR chief

    Vasai police, who are investigating the alleged suicide of Charudutta (Charu) Deshpande, former chief of corporate communication of Tata Steel, has booked Prabhat Sharma, the steelmaker's head for corporate affairs.


    This follows a complaint by Forbes India's former editor Indrajit Gupta against the Tata Steel official for allegedly abetting the suicide of Charu Deshpande.


    57-year-old Deshpande, was found hanging at his Vasai home on 28th June this year. No suicide note was found. His friends and former colleagues alleged that he had been harassed.


    Police have registered a first information report (FIR) and booked Sharma under Section 306 (abetment of suicide) of the Indian Penal Code (IPC).


    According to Gupta’s complaint, Charu, a senior official at Tata Steel, was constantly humiliated and harassed between May 2012 and May 2013 following which he took the drastic decision to end his life.


    Soon after Mumbai crime branch began the probe, the investigating team had laid their hands on a piece of evidence from Charu's another residence in Borivili.


    Two diaries of 2012 and 2013 were found in which Charudatta Deshpande had mentioned about the happenings in office. And in one of the pages, he had even written notes and named some Tata Steel officials.


    The content of the pages clearly depicted the mood of Charu, and it indeed reflects that he committed suicide due to unhappiness and frustration at work place, a police official had said.


    In July, nine journalists, including the Forbes India ex-editor and president of the Press Club of Mumbai wrote a letter to Ratan Tata and Cyrus Mistry, chairman of the Tata group, alleged that there was a concerted attempt by “Tata Steel officials and the PR agency to pass off his (Charu's) death as a heart attack, and not a suicide.” (Death of a PR Man)


    The letter says that Charu was accused of ‘leaking’ confidential documents to journalists for a Cover Story titled “Remoulding Tata Steel”; that he was confined under virtual ‘house arrest’ for two weeks in Jamshedpur and repeatedly threatened.


    Charu (as he was known) joined Tata Steel a year ago after a long stint with ICICI Bank and Mahindra & Mahindra. He had resigned from Tata Steel a month before his suicide on 28th June.


    It was discovered that Charu Deshpande was the first person in Tata Steel who, despite being appointed at a very senior level, was not confirmed in service after completion of his probation.

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