Complete Guide To Buying Property
A sanctioned building plan from the local authority (BBMP) means that the building plan for a particular property has been approved and has met all the necessary regulations and requirements set by the BBMP. The property owner can proceed with the construction or renovation of the building based on the sanctioned plan.
A Completion Certificate (CC) is a document issued by the local authority (BBMP) that certifies that a building has been constructed as per the approved building plan and has met all the necessary regulations and requirements set by the BBMP. It is issued after the inspection of the construction site.
An Occupancy Certificate (OC) is a document issued by the local authority (BBMP) that certifies that a building is fit for occupation and can be used for its intended purpose. It is issued after the building has been completed and all necessary inspections have been carried out. The OC certifies that the building is safe for its intended use and meets all fire safety and other safety requirements.
Both the CC and OC are important documents for the property owner as they ensure that the building is constructed and occupied legally and safely.
A possession certificate is a document issued by the government that certifies an individual’s ownership of a property. It serves as proof of ownership and can be used for various legal transactions related to the property. The certificate usually includes details such as the name of the owner, the address of the property, and the date of possession. It is an important document for property transactions and is required for various government procedures such as obtaining a home loan or selling a property.
Conversion and land-use permissions refer to the process of obtaining approval from the government to change the use or purpose of a piece of land. This typically involves converting agricultural land into residential or commercial land, or changing the use of a commercial property to a residential property.
In order to obtain conversion and land-use permissions, an individual must follow the procedures set out by the relevant local or state government authority, which may include submitting an application, providing relevant documentation, and paying any associated fees. The government will then assess the application and determine if the conversion or change of use is in line with local planning policies and regulations.
It is important to note that conversion and land-use permissions are governed by local laws and regulations, and can vary from state to state in India. Failure to obtain the necessary approvals may result in legal consequences, such as fines or the requirement to revert the land back to its original use.
Construction approvals refer to the process of obtaining permission from the government to construct a building or other structure on a piece of land. The approval process is typically required for new constructions, additions, or renovations to existing structures.
To obtain construction approvals, an individual must follow the procedures set out by the relevant local or state government authority, which may include submitting plans and designs, providing documentation, and obtaining necessary permits. The government will then review the plans and assess if the proposed construction is in compliance with local building codes, zoning regulations, and environmental laws.
It is important to note that the process of obtaining construction approvals can be complex and time-consuming, and can vary depending on the jurisdiction and the nature of the project. Failure to obtain the necessary approvals can result in legal consequences, such as fines, or the requirement to demolish the structure. Hence, it is essential to have a thorough understanding of the local laws and regulations, and to engage the services of professionals, such as architects, engineers, and lawyers, to ensure a smooth and successful approval process.
Encumbrance certificate
An encumbrance certificate is a legal document issued by the government that provides information about any outstanding liabilities or obligations related to a property. It is a critical document for property transactions as it certifies that a property is free from any outstanding debts, mortgages, or legal disputes.
The encumbrance certificate includes details such as the name of the property owner, the location of the property, and the status of any mortgages, liens, or other obligations associated with the property. It also includes information about any previous transactions or transfers of ownership.
The encumbrance certificate is important for individuals who are buying or selling a property, as it provides assurance that the property is free from any outstanding debts or legal disputes. It is also used by financial institutions when granting loans against property, as they need to ensure that the property has clear ownership and is free from any encumbrances.
It is important to note that the issuance of an encumbrance certificate is governed by local laws and regulations, and can vary from state to state in India. The validity period of the certificate may also vary, and it is important to obtain a current certificate at the time of the transaction.
Physical survey and access to a property refer to the process of evaluating and inspecting a property in person. A physical survey is conducted to determine the exact boundaries, size, and location of a property and to identify any physical features such as buildings, structures, trees, and waterways.
Access to the property is also necessary to conduct a physical survey, as it allows the surveyor to inspect the property and take accurate measurements. This may involve obtaining permission from the property owner or the local government, depending on the jurisdiction.
Physical surveys are typically conducted by trained professionals, such as surveyors or engineers, who use specialized equipment and techniques to measure and map the property. The results of the survey are then documented in a report, which can be used for various purposes, such as property transactions, development projects, and disputes resolution.
It is important to note that access to a property may be restricted in some cases, for example, if the property is privately owned and the owner does not grant permission, or if the property is a protected area, such as a wildlife sanctuary or a government reserve. In these cases, alternative methods, such as remote sensing or aerial surveys, may be used to obtain information about the property.
The status of tax payment refers to the record of the payments made towards property taxes for a specific property. Property taxes are a form of real estate tax that are imposed by local or state governments on the ownership of a property. The amount of property tax can vary depending on factors such as the location, size, and value of the property.
In order to determine the status of tax payment, an individual can contact the relevant local or state government authority responsible for collecting property taxes, such as the municipal corporation or the revenue department. This can typically be done in person, by phone, or online. The government authority will then provide information about the current status of the property tax payment, including any outstanding payments or arrears, and the due date for payment.
It is important to note that failure to pay property taxes on time can result in legal consequences, such as fines or interest charges, or even the seizure of the property by the government. Hence, it is essential to stay informed about the status of tax payment and to make timely payments to avoid any legal or financial issues.
Nature of title refers to the type of ownership or the legal relationship between a property owner and the land that the property is built on. There are three common types of nature of title: leasehold, freehold, and development right.
Leasehold: In a leasehold property, the owner holds the right to use and occupy the property for a specified period of time, usually a number of years. The owner does not have ownership of the land, but instead holds a lease agreement with the landlord, who retains ownership of the land. At the end of the lease period, the property must be returned to the landlord.
Freehold: In a freehold property, the owner holds both the property and the land that it is built on. The owner has the right to use and occupy the property for an indefinite period of time and can sell or transfer ownership to another party.
Development right: A development right is a form of ownership that allows an individual to develop a property for a specific purpose, such as building a residential or commercial complex. The individual holds the right to use and occupy the land for the purpose of development, but does not have full ownership of the land.
It is important to note that the nature of title can have significant legal and financial implications for individuals who are buying or selling a property. For example, a leasehold property may have restrictions on the use and occupancy of the property, while a freehold property may have higher property taxes and responsibilities. Hence, it is essential to have a thorough understanding of the nature of title and to seek professional advice before entering into a property transaction.
The Regulation and Development Act, 2016 (RERA) is a real estate law in India that was enacted to regulate the real estate sector and to protect the interests of property buyers. RERA applies to all ongoing and future real estate projects and requires developers to register their projects with the regulatory authority.
The key objectives of RERA are to:
Increase transparency and accountability in the real estate sector
Protect the rights of property buyers
Promote fair and ethical practices by developers
Ensure timely delivery of projects
Establish an efficient dispute resolution mechanism
Under RERA, developers are required to disclose various details about their projects, including the schedule of construction, the cost of the project, and the amenities provided. Developers must also obtain approval from the relevant authorities before starting construction and must ensure that the project meets certain standards and specifications.
RERA also requires developers to establish a separate escrow account for each project to ensure that the funds collected from buyers are used only for the construction of that specific project. This helps to prevent the diversion of funds to other projects, which can result in delays or the abandonment of projects.
In addition, RERA provides a dispute resolution mechanism for buyers who have grievances against developers. This includes the appointment of adjudicators, who have the power to hear and resolve disputes between buyers and developers.
Overall, RERA is a significant step towards improving the transparency, accountability, and stability of the real estate sector in India, and provides important protections for property buyers.
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