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BETTESWORTHConstruction
GST and stamp duty

Complete homebuyer checklist for booking a new-construction apartment in Gurugram

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Before booking a new-construction apartment in Gurugram, independently verify the exact project and phase on the Haryana Real Estate Regulatory Authority (HARERA) portal, review title and approvals, reconcile every cost, and make the registered agreement for sale—not a brochure or verbal promise—the controlling document. Do not treat a booking form, lender approval or possession letter as proof that the apartment is legally ready.

1. Identify the exact project before paying anything

Large developments are often released in phases, and a registration number for one phase does not automatically cover another. Write down the project’s legal name, sector, promoter entity, tower, unit number, phase and proposed possession date. Keep the spelling and entity name exactly as shown in the HARERA record; a marketing name can differ from the promoter’s legal name.

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Search the HARERA Gurugram record yourself

  1. Open the official HARERA Gurugram project-search service and search by the project name and promoter.
  2. Confirm that the registration number belongs to the same phase, sector and promoter named in the sales material.
  3. Download the registration certificate, Form A–H disclosures, sanctioned plans, declared completion date, quarterly progress updates, extension orders, complaints and uploaded completion or occupation certificates.
  4. Check that the advertisement, application form, payment instructions and sales office display the same registered identity.

HARERA’s buyer-protection guidance states that a promoter must not advertise, market, book, sell or offer a covered project without registering it with the Authority. If a salesperson says registration is pending, the project is exempt, or your tower is covered by a different phase, ask for the legal basis in writing and pause the payment until an independent lawyer verifies it.

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2. Demand the legal and technical file

Ask for copies before signing a booking form. Haryana’s RERA rules identify title deeds, a land-title search report, authenticated plans, required permissions and completion or occupation-certificate information as project disclosures. A document shown on a salesperson’s phone is not a substitute for a complete, readable copy that your adviser can review.

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Land and title documents

  • Current title deed and the complete chain of title for the land.
  • An advocate’s land-title search report covering ownership, transfers and restrictions.
  • Encumbrance, mortgage and charge information, including lender releases for any portion being sold.
  • Landowner–promoter or development agreements, powers of attorney and revenue records where the ownership structure requires them.

Planning and statutory approvals

  • Sanctioned layout, tower plans, floor plans and the approved unit schedule.
  • Land-use or zoning permissions, licence, building-plan sanction and commencement permission.
  • Environmental, fire, water, sewerage, road-access and other sector-specific approvals where applicable.
  • The latest completion, part-completion or occupation-certificate status for the relevant tower or phase.

Have an independent property lawyer check whether the approvals cover your tower and the advertised amenities. A registration certificate alone does not prove clear title, approved construction or readiness for occupation.

3. Match the apartment you are buying to the registered disclosures

Do not rely on a sample flat, floor-plan image or WhatsApp promise. The booking form and agreement should identify the precise legal subject of the sale.

Details to record

  • Tower, floor, unit number, phase and carpet area.
  • Balcony, terrace, utility space and any exclusive-use rights, with their area and legal status.
  • Parking type, location, number of spaces and the legal basis on which it is allotted.
  • Room dimensions, orientation, floor height and the specification schedule for finishes, fixtures and equipment.
  • Floor-rise, location, preferential-location and other add-on charges.
  • The possession date and the phase to which that date applies.

For new allotments, HARERA registration conditions refer to sales on a carpet-area basis. Require the cost sheet and agreement to use the same carpet-area figure and define any balcony or terrace area separately. If a revised plan reduces usable area or changes the unit’s position, obtain a written explanation and the contractual remedy before accepting it.

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4. Reconcile the complete price, not just the advertised rate

Request a dated, signed cost sheet from the promoter entity named in the RERA record. Every amount should have a description, tax treatment and payment trigger. The phrase “all-inclusive” is meaningless unless the inclusions are itemised.

Cost category What to verify
Apartment price Base price, carpet area, rate per square foot and any area-adjustment formula.
Parking and location charges Parking type and space, floor-rise, corner, park-facing or other preferential-location charges.
Infrastructure and utilities External-development, infrastructure, power-backup, electricity-connection, water, sewerage and meter charges.
Amenities and maintenance Club or facility charges, maintenance advance, sinking fund and society-formation expenses.
Transaction and professional costs Legal, brokerage, lender-processing, insurance and documentation fees, identifying who receives each payment.
Government charges GST, stamp duty and registration fee, stated separately from the builder’s own charges.

Ask which items are included in the stated total price and which can change because of government levies or measured area. Compare the cost sheet with the total-price definition and inclusions in the registered project disclosures. Keep every version; a later revision should show the reason, date and contractual authority for the change.

5. Control the first payment and the payment trail

Use traceable banking channels only, payable to the promoter entity identified in the HARERA record. Do not transfer money to an individual salesperson, a personal account or an unrelated company named in a “token” message.

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  1. Obtain the application or booking form, receipt and refund terms before transferring a token amount.
  2. Ensure the receipt states the project, phase, unit, amount, date and the account receiving the money.
  3. Keep the allotment letter and each revised cost sheet with your bank statement.
  4. Before paying more than 10% of the apartment cost, require execution and registration of the written agreement for sale. HARERA guidance says a promoter shall not accept more than 10% as advance or application fee without first entering into and registering that agreement.
  5. After signing, tie each construction-linked instalment to a milestone that can be independently verified and is described in the agreement.

An expression of interest, allotment letter or internal “pre-launch” form cannot replace the registered agreement for sale. If the sales team pressures you to pay a larger amount to “lock” a unit, ask them to identify the legal and contractual basis in writing.

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6. Make the agreement for sale control the deal

Compare the promoter’s draft with the Haryana model agreement identified in the HARERA project file and with the registered disclosures. Have independent counsel mark every deviation before you sign.

Clauses that require line-by-line review

  • Promoter authority, landowner arrangements and responsibility for title defects.
  • Exact tower, floor, unit, carpet area, balconies, terraces and parking.
  • Price, taxes, chargeable extras and the procedure for approved change orders.
  • Payment schedule, milestone evidence and interest for a buyer’s delayed payment.
  • Cancellation, forfeiture, refund deadline and deductions.
  • Possession date, any grace period and compensation for delay.
  • Force-majeure definition, with objective events rather than a blanket exemption.
  • Rights to revise plans or make material changes, including the consent threshold.
  • When maintenance starts, what is included and when control passes to the owners’ association.
  • Defect reporting, rectification deadlines, warranty contacts and access for inspection.
  • Conveyance deed timing, common-area transfer and delivery of original records.
  • Dispute-resolution, jurisdiction and the process for serving notices.

Make sure the possession promise is attached to the correct phase and tower. A project-level completion date can conceal a later date for your building.

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7. Budget GST, stamp duty and registration separately

GST on construction

CBIC guidance describes an effective 5% GST rate for qualifying non-affordable residential construction and 1% for qualifying affordable housing under the post-2019 framework and specified conditions. The rate depends on the project and buyer classification, and treatment changes when the entire consideration is received after the completion certificate or first occupation. Ask for the applicable notification, the project’s classification and the invoice timing; confirm the result with a tax professional rather than assuming the brochure’s percentage is current.

Haryana stamp duty and registration

Obtain a current calculation through the Haryana Sub-Registrar or HARIS process for the property, consideration and document type. The Sub-Registrar scrutinises the instrument and charges. Haryana Revenue guidance also makes clear that an agreement of sale cannot be treated as a title deed. Your registration budget should therefore include the eventual conveyance or sale deed requirements, not just the initial agreement.

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8. If you need a loan, underwrite the project as well as yourself

  • Get an in-principle sanction, but do not treat lender approval as proof of title, construction quality or regulatory compliance.
  • Compare the interest type, reset terms, processing fee, insurance, prepayment conditions and disbursement milestones.
  • Ask what project documents and approvals the lender independently checked and whether its legal opinion is limited to mortgageability.
  • Keep liquidity for GST, stamp duty, registration, fit-out, rent during a delay and an emergency reserve.
  • Check whether the agreement’s cancellation and refund provisions protect you if your loan is refused or sanctioned for less than expected.

Construction-linked loans can expose you to interest before possession. Align every drawdown request with an observable milestone and retain the lender’s inspection records.

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9. Compare two projects on risk, not amenities alone

Use the same evidence and date for each project. Keep legal certainty and cash-flow resilience separate from sales-office claims.

Comparison axis Questions to answer
Title and encumbrances Is the chain of title complete, and are charges released for the land being sold?
HARERA status Is the exact phase registered, and are there extensions, complaints or inconsistent updates?
Approvals Do sanctioned plans and permissions cover the advertised tower, access and utilities?
Construction progress Does the latest update match an on-site inspection, and are milestones independently verifiable?
Possession-certification risk What remains before the relevant occupation or completion certificate can be issued?
Area efficiency What is the carpet area, and are balconies or common areas being presented as living space?
Total cash exposure What is payable now, at each milestone, at registration and before possession?
Promoter record What do the HARERA complaints, extensions and disclosed litigation show?
Location and access Are roads, public transport, water, sewerage and power available for the phase, not merely planned?
Maintenance assumptions What advance, sinking fund and recurring services are specified, and when does the association take over?
Lender acceptance Will your chosen lender finance this exact phase and unit under its current legal review?

10. Do not accept possession on a promise

Before signing a possession letter or paying the final demand, inspect the relevant tower and demand documentary proof of readiness.

Documents and site checks

  • Occupation or completion certificate for the specific tower or phase, not merely a project-wide assurance.
  • Fire, lift, electrical, water, sewerage and access clearances applicable to the building.
  • Approved-plan conformity and written disclosure of any deviation or pending permission.
  • Electricity and water meter numbers, connection status and the utility-transfer process.
  • Room-by-room snag list with dated photographs and a signed rectification schedule.
  • Defect-liability contact, warranty documents and response times.
  • Maintenance handover records, common-area inventory and association-formation documents.
  • Conveyance-deed timetable and records for common areas and facilities.

Do not sign a waiver stating that the apartment is satisfactory if material defects remain. Record each defect, the promised correction date and the person responsible. Keep a copy of the final inspection and any conditional possession correspondence.

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11. Preserve evidence and escalate methodically

Create a dated digital folder and a second offline backup containing the advertisement, HARERA downloads, title and approval documents, booking form, agreement, receipts, bank statements, emails, messages, inspection photographs and complaint numbers. Use the project registration number in every written request.

When something changes

  • If the promoter changes the unit, area, price, schedule or promised amenity, demand the explanation and revised document in writing.
  • If a payment demand does not match the agreement milestone, ask for the engineer’s or project manager’s supporting certification before paying.
  • If promised approvals or certificates are missing, send a dated notice listing the document and the contractual consequence of non-delivery.
  • If the issue is not resolved, use the promoter’s formal grievance channel and then approach HARERA or another competent forum with your evidence file.

12. Final go/no-go test

Book only when the exact phase is registered, title and approvals have passed independent review, the unit and carpet area match the documents, the complete cost is written down, the payment sequence respects the 10% limit, and the agreement protects you on delay, defects, cancellation and conveyance. If any of those conditions is unresolved, the safest decision is to delay the booking rather than rely on a verbal assurance.

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