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Do not treat a brochure, sample apartment or sales promise as proof that a new project is safe to book. First identify the exact phase and unit in the official property register, then verify title, planning approvals, approved plans, area measurements, services, payment terms and the agreement you will sign. Have an independent local property lawyer review the documents before you transfer a booking amount. If construction is advanced enough to inspect, add an independent building surveyor, architect or inspector. Registration rules, deposit limits, refund rights and remedies vary by country, state and project stage; the checks below are a practical sequence, not a substitute for local legal advice.
What should you verify before booking a new apartment?
Use this order: identify the legally registered project and unit; check land and planning records; reconcile approved documents with the sales promise; calculate the complete cost; read refund, delay and variation clauses; and obtain independent legal and technical advice. Keep a written evidence file rather than relying on a salesperson’s explanation.
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- Regulatory status: official project registration, approvals and required disclosures.
- Land and location: title, liens, easements, zoning, services, hazards and nearby development.
- Contract and money: booking recipient, refund triggers, payment schedule, taxes, charges, delay remedies and dispute process.
- Independent review: local lawyer before signing or paying, plus an independent inspection when access is possible.
A project can be registered and still face construction, finance, title or location problems. Treat each check as evidence to verify, not as a guarantee.
Is the project registered?
Search the relevant government regulator or property register for the exact project and phase, not merely the developer’s name. Match the legal promoter name, registration number, towers, approved unit types and completion information against the booking form and advertisements.
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For example, Telangana’s real-estate regulator states that a covered project must be registered before it is advertised, marketed, booked or sold, and its website displays registration information. India’s national real-estate guidance also requires project information and continuing disclosures. Those rules apply to the relevant Indian jurisdiction; another country may use a different register, exemption or threshold.
Record these fields
- Developer/promoter’s exact legal entity and registered address.
- Project registration number, date and validity or completion status.
- Phase, parcel, tower or building covered by the registration.
- Approved unit types, stated carpet or usable area and promised completion date.
- Names of landowners, development partners or special-purpose entities shown in official records.
- Disclosed approvals, litigation, encumbrances, agents and quarterly progress updates, where the local system publishes them.
Save dated copies or screenshots of the register entry. If the advertisement names a different company, phase or tower, stop and ask the regulator or your lawyer whether the marketed unit is actually covered.
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Registration is only one part of due diligence. Ask a locally qualified property lawyer or conveyancer to verify the ownership chain, the developer’s authority to sell, mortgages or other liens, easements, acquisition restrictions and any pending disputes.
Request the current approved layout and building plans, planning permission, building permit, environmental or fire clearances where relevant, and evidence that utilities and access can legally be provided. Compare the approved number of floors, towers, setbacks, parking and common areas with the model, brochure and sales drawings. A “proposed” amenity or future tower is not the same as an approved facility.
Check the surroundings, not only the plot
Use local planning and land records to investigate zoning, road access, drainage, flood or bushfire exposure, contamination, noise sources, protected land and nearby approved or proposed construction. Consumer Affairs Victoria’s guidance highlights title encumbrances, planning schemes, nearby permits, services and property risks. Arizona subdivision disclosures similarly address flooding and drainage, adjacent land, utilities, services, taxes, amenities and owners-association information. These are examples of issues to investigate, not a universal document list.
Ask who will build and maintain roads, water, sewerage, electricity, waste collection and access roads, and when each service is expected to be operational. A low price is not a bargain if connection costs, private-road obligations or service delays are left to buyers.
Do the approved plans match what was promised?
Request a complete written specification pack before paying: unit plan, area and measurement basis, finishes, fixtures, appliance inclusions, parking rights, storage, balconies, common-property arrangements, amenities, landscaping and handover standard. Compare every item with the brochure, sample apartment and agent’s written messages.
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| Item to reconcile | Questions to ask | Evidence to keep |
|---|---|---|
| Area | Is it carpet/usable, built-up, gross internal or another measure? Are balconies, walls and common areas excluded? | Approved plan and contract definition |
| Layout | Can windows, columns, shafts or room sizes change? What tolerances are allowed? | Stamped plan and variation clause |
| Parking and storage | Is the space deeded, licensed, assigned or merely shown on a plan? | Allocation document and site plan |
| Amenities | Which facilities are contractual, when will they open and who pays to operate them? | Specification, agreement and owners’ rules |
| Completion | What date is binding, what extension events are allowed and what compensation applies? | Agreement timetable and remedy clause |
Indian RERA registration information commonly includes plans, specifications, unit type, carpet area, proposed agreements and completion time. Use those disclosures as a cross-check, while still obtaining title and contract advice under your own jurisdiction.
Control verbal promises
Write each promise into the booking form or agreement: floor level, view, orientation, finish, appliance model, club access, parking, landscaping, handover date and charges. If a representative will not put a promise in writing, assume it is not enforceable until your lawyer confirms otherwise.
What exactly am I paying for?
Build a total-cost schedule before deciding whether the booking is affordable. Include the apartment price, booking or application payment, staged instalments, taxes, registration and legal charges, mortgage costs, parking, storage, upgrades, utility connections, owners’ association or service charges, insurance and moving or furnishing costs.
Ask for the payment schedule in calendar dates and construction milestones. Confirm which account receives each payment and whether it belongs to the registered promoter. Do not transfer money to an individual agent or an unrelated company without written authority and a verifiable receipt.
India-specific deposit limits and safeguards
India’s Ministry of Housing and Urban Affairs RERA FAQ says a promoter cannot take more than 10% of the apartment or plot cost as an advance or application fee without first executing an Agreement for Sale. This is an India-specific statutory limit; verify the current law and state implementation before relying on it.
A 2023 Government of India summary says 70% of amounts collected from homebuyers for a project must be maintained in a separate project bank account for that project’s construction and land cost, with withdrawals subject to certification by an engineer, architect and chartered accountant. That safeguard does not prove that a project will finish on time or that every buyer payment is risk-free. Confirm the project’s disclosures and the rules applicable where the apartment is located.
Can I get the booking amount back?
Never assume a “refundable” label has the same meaning as a contractual right. Read the reservation form and draft agreement for the exact refund triggers, deadline, deductions, method and person responsible for returning the money.
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- Is the payment refundable if your mortgage is declined, valuation is low or legal checks reveal a defect?
- What happens if the developer changes the layout, area, specification, price or completion date?
- When does the payment become non-refundable?
- Is it held in a segregated account, credited to the price or treated as a cancellation charge?
- What notice, evidence or cooling-off period is required?
- Which law, court, tribunal or arbitration process governs a dispute?
GOV.UK’s homebuying guidance warns that a new-build reservation fee may be refundable only in specified circumstances and that contractual deadlines can follow soon after reservation. The U.S. Consumer Financial Protection Bureau advises buyers to ask a builder when a deposit is returnable and notes that buyers may shop for financing. These are market-specific examples, so your lawyer should confirm the rule that applies to your contract.
What happens if the project is delayed?
Find the contractual completion date, any grace period and the events that extend time. Separate genuine relief events from broad wording that lets the developer change the date indefinitely. Ask what compensation, interest, rent, cancellation right or refund applies if the deadline is missed.
Check whether your instalments remain payable during a delay, whether interest continues, and whether the developer can hand over an incomplete unit or occupied common areas. Confirm the process for recording snagging or defects, the response time for repairs and the remedy if defects are not corrected.
For an off-plan purchase, negotiate a written long-stop date after which you can cancel and recover sums, subject to local law. Do not rely on a sales estimate such as “handover next year” unless the signed agreement defines the date and consequences.
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Can the developer change the plans or area?
Read the variation clause line by line. It should identify which changes are allowed, the notice you receive, the maximum area or price adjustment, your right to reject a material change and how a refund is calculated.
Ask how a reduction or increase in measured area affects the price, parking, maintenance charges and taxes. Clarify whether future buildings can block light or views and whether the developer can substitute materials, appliances, landscaping or amenities. A broad right to make any change can undermine the brochure comparison you used to choose the unit.
Should I compare two new apartment projects?
Yes, but use identical definitions and the same evidence standard. Compare the following on one worksheet:
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| Comparison axis | What to normalize |
|---|---|
| Regulation | Registration number, phase, approvals and disclosed progress |
| Developer and land | Legal entity, title, liens, authority to sell and dispute history found in public records |
| Unit value | Carpet/usable area, layout, light, ventilation, orientation and included specifications |
| Construction | Current stage, inspection access, completion date, handover and defects process |
| Total cost | Price plus taxes, fees, parking, upgrades, connections and recurring service charges |
| Protection | Refund, delay, variation, default, defect and dispute remedies |
| Location | Transport, access, utilities, flood/fire/environmental risks and future development |
Compare usable area rather than headline square footage. A cheaper advertised rate can reflect a larger excluded common-area component, missing parking or lower specifications. Include recurring maintenance and owners’ association charges, not just the booking price.
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1Fix the driver behind crashes, sound loss and screen glitches2Clear out junk files and repair common Windows errors3Scan for outdated or missing drivers - takes under a minuteWhen should I hire a property lawyer or building inspector?
Engage an independent, locally licensed property lawyer before signing a reservation form or transferring a deposit. Ask the lawyer to review title, approvals, the booking form, Agreement for Sale, payment schedule, taxes, variation powers, delay remedies, cancellation, dispute resolution and handover obligations.
Check the professional’s licence, independence from the developer, insurance, scope, fees and experience with new-build or off-plan apartments in that jurisdiction. A lawyer who only checks the contract may not verify construction quality or physical conditions.
If the building is sufficiently advanced and access is permitted, commission an independent qualified building inspector, surveyor or architect. Consumer Affairs Victoria advises considering such a professional inspection before signing a contract of sale, and Australian new-home guidance recommends confirming approvals before paying a deposit or signing. For an apartment that cannot yet be inspected, put inspection access, snagging standards and a written defects process into the contract before completion.
What documents should I request in writing?
Use this request list and mark each item received, current and consistent with the official record:
- Project and phase registration certificate or register extract.
- Developer’s legal identity and authority to sell.
- Land title, ownership chain, encumbrance and easement information.
- Planning, building, environmental, fire and utility approvals applicable to the site.
- Approved master plan, tower plan, unit plan, area calculation and parking allocation.
- Detailed specifications, inclusions, amenities and landscaping obligations.
- Construction schedule, completion date, handover standard and defect process.
- Draft reservation form, allotment letter and Agreement for Sale.
- Payment schedule, tax and fee schedule, financing conditions and account details.
- Cancellation, refund, delay, variation, default and dispute clauses.
- Owners’ association or common-property rules and estimated recurring charges.
- Evidence of access, water, sewerage, electricity, drainage and other services.
Keep the version supplied before booking. If the developer later replaces a plan or specification, ask what changed and whether you have a cancellation or price-adjustment right.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What are the most common warning signs?
Pause the booking when you see any of these signals:
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- The project, phase or tower cannot be found in the official register, or the registration details do not match the advertisement.
- Pressure to pay immediately before receiving the contract or approvals.
- Requests to pay a personal account, cash or an entity not named in the documents.
- Refusal to disclose title, liens, approvals, area calculations or the full specification.
- Material promises made only verbally.
- Large non-refundable payment before legal review.
- Unclear completion date, unlimited extension rights or no meaningful delay remedy.
- Broad rights to change area, layout, materials, price or amenities.
- “Guaranteed” returns, views, facilities or infrastructure absent from the contract.
- Unexplained differences between the sample unit, brochure, approved plan and agreement.
A warning sign is a reason to obtain evidence or stop, not proof of wrongdoing. Escalate unresolved discrepancies to the relevant regulator and your lawyer.
What is a practical go/no-go decision?
Book only when the exact unit is identifiable in the applicable records, title and approvals have passed independent review, the written documents match the sales promise, the total cost is affordable under realistic financing, and the contract gives you understandable remedies for refund, delay, changes and defects.
Wait or walk away when a key document is missing, the seller will not identify the contracting entity, the payment recipient is unclear, or you are being asked to sign before reviewing the agreement. A reservation opportunity is not worth giving up legal and financial control.
How to create a booking file
- Create a folder with the official register entry, dated advertisements, brochures, plans, specifications, emails and receipts.
- Use a one-page discrepancy log: promise, document reference, unresolved question, responsible person and deadline.
- Ask questions by email and require written answers from the contracting developer, not only an agent.
- Send the complete file to your lawyer, including every side letter and payment request.
- Do not pay until the lawyer confirms the entity, authority, refund terms and signing sequence.
- After booking, calendar each payment, approval milestone, inspection, handover and notice deadline.
Official guidance in the United Kingdom advises buyers to ask the developer for all material facts before committing. The principle is broadly useful, but the legal effect of a missing disclosure depends on local law.
Frequently Asked Questions
Can I reserve an off-plan apartment before the final building approval is issued?
That depends on the jurisdiction and the project’s registration regime. Before paying, ask the regulator or a local lawyer whether marketing or reservation is permitted at that stage, which approvals are outstanding, and what happens to your money if they are refused.
Should my mortgage approval come before I sign the booking form?
Obtain a lender’s affordability and product assessment as early as possible, but check the contract’s financing condition separately. Ask whether a declined loan, lower valuation or changed interest rate lets you cancel and recover the booking payment; many forms do not provide that protection automatically.
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How do I verify an apartment’s carpet or usable area?
Have the contract define the measurement standard and identify what is excluded, such as walls, balconies, shafts and common areas. Compare the approved unit plan with the price calculation and require a documented adjustment method if the final measured area differs.
What should I inspect if the apartment is not built yet?
You cannot inspect workmanship that does not exist, so focus on approved plans, specifications, soil and site information, construction milestones and the future inspection right. Put an independent pre-handover inspection, snagging list, repair deadlines and access to common areas into the agreement.
Are separate project bank accounts proof that my deposit is safe?
No. In India, the RERA separate-account rule and certification controls are funding safeguards, not a completion or refund guarantee. In any country, confirm the account protection, insolvency risk and refund remedy that the actual contract and local law provide.
