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BETTESWORTHConstruction
home buying

What to Check Before Buying an Under-Construction Flat in Mumbai

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Before paying a booking amount or signing for an under-construction flat in Mumbai, verify the exact MahaRERA registration and project phase, land title, encumbrances, building-specific approvals, agreement terms, construction progress, total cost and the eventual occupancy certificate (OC). A RERA registration, bank loan approval or developer’s brochure is not proof by itself that title is clear, construction is fully approved or possession will be lawful. Use the sequence below, save dated records and have an independent Maharashtra property lawyer review the title and agreement before you commit.

Start by identifying the exact project, phase and flat

Large Mumbai developments are often released in phases, buildings or wings. A similar name does not mean two phases share one registration, approval set or completion date. Ask the sales team to state, in writing, the project name, phase, promoter’s legal name, full address, building or wing, floor, flat number and the MahaRERA registration number.

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Match the sales offer with MahaRERA

  1. Search the project and phase on the MahaRERA project portal and update guidance.
  2. Check that the registered promoter, postal address, survey or plot details, buildings and units correspond to the offer you received.
  3. Record the registered completion date and compare it with the possession date in the quotation, allotment letter and draft agreement.
  4. Download the registration certificate, sanctioned plans, approvals, disclosures, quarterly updates and any uploaded declarations for the relevant phase.

Save copies showing the date of download. Project status and uploaded documents can change, so repeat the search immediately before signing or making a substantial payment.

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Do not treat registration as a guarantee

MahaRERA registration creates disclosure and regulatory obligations; it does not certify that a particular title is free of every defect, that every approval has been obtained or that the project will finish on time. Treat the registration as an index of documents to verify, not as a substitute for legal due diligence.

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Review live project disclosures and physical progress

MahaRERA guidance requires project information to be updated periodically. Examine the latest entry rather than relying only on a launch brochure or an old presentation.

Record these fields

  • Building-wise or wing-wise completion dates and the registered overall completion date.
  • Percentage of work completed and the stage shown for each building.
  • Booked apartments and remaining inventory, where disclosed.
  • Facilities and amenities listed as completed, proposed or pending.
  • Uploaded approvals, certificates, declarations and other project documents.
  • Any disclosed mortgage, charge, litigation-related note or other encumbrance information.

Compare the reported percentage and stage with what you can see on a site visit. A tower described as nearing completion should be checked against visible structure, masonry, services, lifts, fire systems, external works and access roads. A mismatch is a reason to ask for a written explanation and updated evidence, not proof on its own of wrongdoing.

Keep an evidence trail

Create a dated folder containing portal PDFs, screenshots, advertisements, quotations, payment requests, emails and site photographs. Note who supplied each document and the date. This record helps you detect changed dates, revised specifications or omitted promises before they become disputed.

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Have the land title and encumbrances independently examined

Ask the promoter for the title report or title certificate, the chain of ownership, landowner details, development agreement, power of attorney where applicable, and all disclosed mortgages, charges, litigation or third-party rights. The documents should identify who owns the land and what right the promoter has to develop and sell the proposed flat.

Use an independent Maharashtra property lawyer

Choose a lawyer who does not represent the promoter, broker or lender in your transaction. Ask for a written review of the title chain and relevant land and registration records, the promoter’s development rights, encumbrance disclosures, and the consistency between title documents and the MahaRERA registration. The statutory disclosure duty does not establish the title status of any specific Mumbai project.

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Questions the title review should answer

  • Who is the current recorded owner of the land?
  • Does the promoter have a valid, transferable development right for the precise plot and buildings being sold?
  • Are there mortgages, charges, leases, acquisition notices, easements, court disputes or other interests that could affect construction or conveyance?
  • Do the survey, CTS, plot and address particulars match across title documents, approvals, the MahaRERA record and the agreement?
  • Are landowner consent, joint-development terms and authority documents sufficient for this sale?

Do not rely on a lender’s willingness to finance the flat as a title opinion. A lender’s due diligence serves its security interest and does not replace advice for your purchase.

Check approvals for the precise building, floor and construction stage

Obtain the sanctioned layout and building plans and the commencement certificate (CC) covering the building and the stage at which your flat is being constructed. An approval for the overall layout does not necessarily authorize every tower, floor or construction activity.

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Understand staged commencement certificates

MahaRERA Circular No. 32/2021 explains that layouts may be approved for an entire project while other approvals, including the CC, are obtained in stages. The circular states:

“Whereas it is observed that Layout Approvals although obtained for the entire project, many a times other approvals are obtained in stages including the Commencement Certificate up to a Plinth /Zero FSI / or commencement certificate upto a particular floor level.”

Read the declaration and certificate to determine whether approval reaches only the plinth, zero FSI, a stated floor level or the construction stage represented to you. The prescribed declaration should state the exact stage and be updated as further approvals are obtained. Review the original MahaRERA Circular 32/2021 with your lawyer.

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Confirm the competent authority

The approving authority depends on the site and planning jurisdiction. The Mumbai Metropolitan Region Development Authority (MMRDA) describes its building-plan approval functions for areas within its Special Planning Areas; its Building Plan Approval System is not a blanket approval route for every property in Mumbai. Ask which municipal, development or special-planning authority has jurisdiction over your plot and obtain approvals from that authority.

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Approval checklist

  • Sanctioned layout showing the relevant plot, access, open spaces and buildings.
  • Sanctioned building plan for the exact tower or wing, including the floor on which the flat sits.
  • CC number, date, issuing authority and the construction stage or floors covered.
  • Fire, environmental, infrastructure, airport-height, traffic, water, drainage or other clearances applicable to the site and phase.
  • Any revised plan or amended approval that changes the flat, common areas, setbacks, amenities or access.

Compare these documents with the model flat and sales drawings. A marketing image or a plan for another wing is not evidence that the same feature is approved for your building.

Read the agreement before paying more than a token amount

Insist on the draft agreement for sale early enough for legal review. Compare it line by line with the MahaRERA disclosures, the written quotation and advertisements.

Make sure the agreement identifies

  • Flat number, building or wing, floor and the exact carpet area.
  • Balcony, terrace, utility or other areas described separately rather than folded into carpet area.
  • Specifications, fixtures, finishes, parking rights and the common areas or facilities included.
  • Total consideration and every additional charge, including taxes, deposits, infrastructure or development charges, maintenance, utility connection charges and registration-related costs where applicable.
  • Payment milestones tied to objectively identifiable construction stages.
  • The promised possession date, extension provisions and the promoter’s liability for delay.
  • Buyer default, cancellation, refund and interest provisions.
  • How conveyance of the land or building and formation or handover to the co-operative society, condominium or association will occur.

The 10% advance limit

Section 13 of the Real Estate (Regulation and Development) Act, 2016 prohibits taking more than 10% of the apartment’s cost as an advance or application fee unless a written agreement for sale has first been entered into and registered. This is a statutory ceiling, not a recommended deposit. Ask for a receipt that states what each payment represents and do not let a “refundable” booking form be used to bypass the rule.

Compare promises with enforceable wording

Circle every brochure promise about views, clubhouse access, landscaping, schools, transport, fittings, energy systems or handover. The agreement should describe material promises, specifications and the circumstances in which they may change. If a feature is absent or qualified in the contract, ask for a written amendment before signing.

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Calculate the real cost and payment risk

Request a complete, dated cost sheet rather than relying on a headline rate. Separate the flat price from charges that recur, are one-time, depend on government rates or may change.

Cost item What to verify
Apartment consideration Carpet-area basis, rate, floor or view premium and any negotiated discount.
Parking and preferential-location charges Whether the right is expressly described and whether the amount is included in the quoted total.
Taxes, stamp duty and registration Applicable rate and calculation date; obtain current figures for your transaction.
Development and infrastructure charges Purpose, contractual basis and whether the amount can change.
Maintenance and utility deposits Period covered, refundability, service scope and handover arrangements.
Loan-related cost Written lender offer, interest type, processing fees, insurance and disbursement conditions.

Stamp duty, registration charges, taxes, levies and mortgage rates are date- and buyer-specific. Obtain current numbers from the relevant authority and a written loan offer; do not treat an old quotation as a final budget.

Understand the separate-account rule without overreading it

Section 4 of the RERA Act requires 70% of amounts realised from allottees to be deposited in a separate account for land and construction costs, subject to the statutory conditions. The rule is a funds-control requirement, not a guarantee that the project will be completed, that costs will not rise or that possession will be on time.

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Compare construction progress with the promised possession date

Put the registered completion date, agreement possession date, latest portal update and your site observations in one worksheet. Record each building separately because a multi-tower project can have different construction and handover schedules.

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Comparison axis Evidence to record for each project or phase
Registration and disclosures Registration number, promoter, update date, document completeness and disclosed changes.
Title and encumbrances Independent lawyer’s findings, landowner arrangement and disclosed charges or disputes.
CC coverage Authority, date and the highest approved stage or floor for the exact building.
Flat specification Carpet area, separately stated balcony or terrace, fittings and agreed amenities.
Price and payment Total cost, additional charges, milestones and financing assumptions.
Progress and possession Reported completion, observed work, registered date and contractual date.
OC pathway Authority expected to issue the certificate and whether it will cover your building or portion.
Ongoing charges Maintenance, utilities, sinking or reserve contributions and association arrangements.

Do not rank projects on a single attractive date or percentage. A project with a later date but complete, consistent approvals may present less uncertainty than one advertising an earlier handover while its CC or disclosures cover only part of the construction.

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Plan the possession and occupancy-certificate checks

Before accepting possession, ask for the occupancy certificate applicable to the relevant building or completed portion and verify the issuing authority. The required certificate and approval pathway depend on the precise site, building, phase and jurisdiction.

At possession, verify three things

  1. Coverage: the OC identifies the building, wing, floors or portion containing your flat rather than a different phase.
  2. Approved construction: the completed structure, layout, common areas and services match the sanctioned plans and the certificate.
  3. Contracted delivery: the flat’s carpet area, specifications, fixtures, parking rights and promised facilities match the agreement.

A possession letter, internal completion claim or invitation to collect keys is not a substitute for checking the required OC. If the certificate is pending or partial, ask exactly what remains, who must issue it and whether accepting possession would affect your contractual or legal position. Have your lawyer review the response.

Inspect the flat and document defects

Arrange a detailed inspection before signing a possession or handover document. Compare room dimensions, doors and windows, flooring, plumbing, electrical points, waterproofing, ventilation, fire equipment, lifts, common areas and promised fixtures with the agreement and approved plans.

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Use a dated defect record

  • Photograph or video each issue with a visible date or a contemporaneous written log.
  • Identify the room, floor, flat and defect precisely; avoid descriptions such as “poor quality” without measurements or photographs.
  • Send the list to the promoter through a traceable written channel and keep proof of delivery.
  • Request a rectification schedule and inspect the work again before signing a clean handover.

Section 14(3) of the RERA Act provides five years from handover to bring qualifying structural, workmanship, quality, service or other agreement-related defects to the promoter’s notice. The promoter must rectify a qualifying defect without charge within 30 days. Application depends on the facts and the statutory requirements, so preserve evidence and obtain legal advice for a disputed case.

Red flags that require a pause

  • The salesperson will not provide the MahaRERA registration number, phase details or a draft agreement.
  • The project name or address differs between the brochure, portal, title papers and payment request.
  • The sales team describes a full building approval while the CC covers only plinth, zero FSI or a limited floor level.
  • A promised amenity, parking space, balcony or area appears only in a presentation and not in the agreement or approved plan.
  • You are pressured to pay more than 10% before a registered agreement for sale.
  • Title papers, development rights, encumbrance disclosures or landowner consents are withheld or supplied only as undated summaries.
  • Reported construction progress, site conditions and possession dates materially conflict without a written explanation.
  • You are asked to accept possession while the applicable OC is unavailable or does not cover your building or portion.

A red flag does not automatically prove a breach, but it means you should stop further payment until the issue is documented and independently reviewed.

A practical order of work before you sign

  1. Collect the identifiers: project phase, promoter, address, building, floor, flat and MahaRERA number.
  2. Download the live record: registration, updates, plans, approvals, declarations and disclosed encumbrances.
  3. Request the legal pack: title chain, development rights, landowner documents and charge or litigation information.
  4. Commission independent review: have a Maharashtra property lawyer examine title, approvals and the draft agreement.
  5. Verify the CC: confirm the competent authority and the exact building and floor coverage.
  6. Visit and record progress: photograph the site and compare observed work with the latest update.
  7. Reconcile the contract and cost: carpet area, specifications, amenities, dates, milestones, charges and cancellation terms.
  8. Pay within the legal framework: do not exceed the section 13 advance threshold before a registered agreement.
  9. Recheck immediately before signing: MahaRERA status, revised approvals, completion dates, cost sheet and lender conditions.
  10. At handover, verify the OC and inspect: accept possession only after checking certificate coverage and recording defects.

What you should have in writing

Do not rely on a verbal assurance that a document will be supplied later. Before committing, keep copies of:

  • The MahaRERA registration and latest project updates for the relevant phase.
  • Sanctioned layout and building plans, CC and staged-approval declarations.
  • Title and development-right documents reviewed by your independent lawyer.
  • The final cost sheet and payment schedule.
  • The draft and signed agreement for sale, including all annexures and specifications.
  • Written answers to questions about possession, amenities, parking, charges and changes.
  • Payment receipts and correspondence.

If the promoter refuses to put a material promise or explanation in writing, treat that refusal as a decision factor rather than an administrative inconvenience.

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Bottom line for a Mumbai buyer

The safest sequence is document first, payment second: identify the exact MahaRERA phase, test title and development rights independently, verify the CC for your actual building and floor, reconcile the agreement with the approved plans and cost sheet, and plan for an OC-specific inspection at possession. Recheck volatile portal records immediately before signing. No registration, lender approval or marketing claim removes the need for those project-specific checks.

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