Essential Considerations for Purchasing an Apartment: 20 Key Factors

Buying an Apartment? 20 Crucial Factors You Must Consider

5 Min Read
Essential considerations for a secure apartment purchase: Your guide to making informed real estate decisions.

Introduction
Purchasing an apartment, whether in a newly constructed building or an existing one, requires meticulous due diligence to ensure the legality and quality of the property. Understanding the various aspects of property verification and compliance with regulations can prevent future complications. Here are 20 crucial points to consider before finalizing your apartment purchase.

  1. Legal and Field Verification
    Before purchasing an apartment, conduct a thorough legal and physical inspection of
    the land where the building is being constructed or has been constructed.
  2. Previous Lease Agreements
    Ensure there are no legal encumbrances or issues related to previous leases on the
    property that could affect its ownership.
  3. Verification of Land Records
    Verify changes in land records such as patta, chitta, FMB (Field Measurement Book),
    A-register, TSLR (Tamil Nadu State Land Records), and survey numbers through
    revenue documents to confirm the current and previous survey numbers.
  4. Approval from DTCP / CMDA
    Check if the building and land have received proper approvals from the Directorate of
    Town and Country Planning (DTCP) or Chennai Metropolitan Development
    Authority (CMDA). Verify approval numbers on their respective websites.
  5. Direct Inquiry at DTCP / CMDA
    For accurate verification, visit the DTCP / CMDA office directly. It is advisable to
    visit between 10 AM and 12 PM, as these offices typically have dedicated counters
    for handling such inquiries.
  6. Utilizing Counseling Counters
    In Chennai and other major cities, there are counseling counters available from 10
    AM to 12 PM where you can get answers and document verification. Make effective
    use of these facilities.
  7. Fire Safety Certificate
    Confirm whether a Fire Safety Certificate (Firing Certificate) has been obtained from
    the Fire Department. Validate its authenticity by visiting the Fire Department office.
  8. Compliance with Building Permissions
    Ensure that the builder has adhered to the approved building plans. Builders
    sometimes construct additional floors beyond the approved plans. Avoid purchasing
    apartments on unauthorized floors.
  9. Understanding Undivided Share
    When registering the property, understand the concept of the “Undivided Share”
    (UDS). This refers to the portion of land ownership you receive, which is not
    physically demarcated but legally allocated.
  10. Share Distribution
    In a 5000 square foot area with ten apartments, each person will have an undivided
    share equivalent to 500 square feet. This share is not individually marked but is part
    of the total area.
  11. Definition of Undivided Share
    Your share will not be individually demarcated but is a portion of the total land area.
    The property document will reflect that your 500 square feet share is within the 5000
    square feet area.
  12. Window Regulations
    Verify that the rooms in the apartment have properly constructed windows. For a 100
    square foot room, there should be at least 8 square feet of window space.
  13. Insurance Coverage
    Check whether the property is insured. Ensure that insurance is in place before taking
    possession of the apartment.
  14. Common Areas and Parking
    Ensure that common areas, including parking spaces, are clearly defined and included
    in the property documentation.
  15. Compliance with Approved Plans
    Confirm that the apartment you are purchasing conforms to the approved building
    plans. Any deviations from these plans should be thoroughly investigated.
  16. Ownership and Power of Attorney
    Verify whether the builder or landowner has full rights to the land and if they have a
    valid power of attorney if applicable.
  17. Distribution of Undivided Shares Check that all undivided shares have been properly allocated to the respective buyers.
    Confirm that there are no discrepancies in share distribution.
  18. Completion Certificate
    Ensure that a Completion Certificate has been issued for the building, indicating that
    it complies with all regulatory requirements and is ready for occupation.
  19. Common Areas and Rooftop Rights
    Understand that the builder may not have rights to common areas or rooftop spaces,
    and these should not be considered part of the sale unless explicitly mentioned.
  20. Agreement Details
    Review the agreement between you and the builder carefully. Ensure that all terms
    and conditions are clearly stated and avoid overlooking any small print.

Conclusion
Purchasing an apartment involves careful consideration of various factors to ensure the legality and quality of the property. By following these 20 key points, prospective buyers can navigate the process with greater confidence, ensuring that their investment is secure and compliant with all regulations.

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