Documents Required to Buy a Flat: New Projects and Resale
The paperwork for a new flat and a resale flat overlaps less than most buyers think. This checklist covers both, and what each document actually proves.
A ₹1.2 crore resale flat can be held up for months by a single missing page: a bank's no-dues letter from a loan the seller closed in 2014, or a society NOC the managing committee won't sign until arrears are cleared. The documents required to buy a flat aren't complicated, but they are different for a new project and a resale home, and each one answers a specific question. If you know the question, you know what to look for.
Below is the list, grouped by what it proves. Get copies early, before you pay a token amount, and have an independent lawyer read them. The seller's or builder's lawyer works for them.
For every purchase: the title chain
The first question is simple. Does the seller actually own what they're selling, and can they sell it free of claims.
- Current title deed. For a resale flat, the registered sale deed or conveyance deed in the seller's name. For a new project, the document that gives the developer rights over the land: a sale deed, a lease deed from a development authority, or a development agreement with the landowner.
- The chain behind it. Lawyers usually trace ownership back 30 years, deed by deed. Every link should be a registered document. Gaps, unregistered agreements or a power of attorney sale in the chain need an explanation.
- Encumbrance certificate (EC). Issued by the sub-registrar's office, it lists registered transactions on the property over the period you ask for, including mortgages. Many states issue it online, for example through TNREGINET in Tamil Nadu and Kaveri in Karnataka. In Maharashtra, lawyers usually do a search of the sub-registrar's records and give a search report instead.
- Mutation and tax records. Property tax receipts and the municipal record (khata in Bengaluru, for instance) should be in the seller's name and paid up.
In Noida, Greater Noida and along the Yamuna Expressway, most residential land is leasehold, allotted by the development authority. What you buy is the remaining lease. The transfer of a resale flat there needs the authority's transfer process and fee, so ask what has been paid and what is pending.
New projects: the documents to check before booking
With a flat that doesn't exist yet, you are checking permissions and promises.
| Document | What it tells you |
|---|---|
| RERA registration certificate and project page | The project is registered, the completion date the builder is bound to, quarterly progress |
| Land title or allotment, plus any development agreement | Who owns the land and how the developer got rights over it |
| Sanctioned building plan | Number of towers and floors, approved layout, your unit's position |
| Commencement certificate or building permit | Construction was allowed to start |
| Environmental clearance, where required | Needed for larger projects above the notified built-up area threshold |
| Fire NOC and height clearance | Fire department approval; Airports Authority height NOC near airports |
| Lender's NOC | If the project land is mortgaged to a bank, consent to sell your unit |
| Allotment letter and agreement for sale | Your unit, carpet area, price, payment plan, possession date, penalties |
Most of these are uploaded on the state RERA portal, so you can check them without asking. For ATS Pious Orchards in Noida, for instance, the UP RERA number on its IndiProp page is UPRERAPRJ183246, and the project record on up-rera.in holds the uploaded approvals.
Two rules protect you here. Section 13 of the RERA Act bars the builder from taking more than 10% of the cost as an advance before you sign a registered agreement for sale. And the carpet area in that agreement is the figure the builder is held to, so check it against the brochure line by line.
Documents required to buy a flat on resale
A resale home has a history, and the documents are mostly about that history.
- Registered sale or conveyance deed in the seller's name, plus the earlier deeds in the chain.
- Original allotment letter and builder-buyer agreement, if the seller was the first owner.
- Occupancy certificate for the building. Without it, you may struggle with a loan and with utility connections. See the section below.
- Encumbrance certificate for at least the period the seller has owned the flat, ideally longer.
- Loan closure papers: if the seller had a home loan, the bank's closure letter and the return of the original documents. If the loan is still running, the bank will give a statement of the outstanding amount, and the buyer's bank usually pays it off directly at registration.
- Society or association NOC and share certificate, where the building has a registered housing society (common in Mumbai and Pune), along with a maintenance no-dues letter.
- Paid property tax receipts and utility bills for the last few years.
- Power of attorney, if anyone is signing for the seller. It must be specific to this sale, and ideally registered.
What people get wrong: they check the seller's deed and stop there. If the seller bought from someone who bought from the builder, each of those transfers needs to be clean. One unregistered link in the chain can make the whole title shaky.
OC, CC and why they aren't the same
For a ready or resale flat, the occupancy certificate matters more than any brochure. It's issued by the local authority (the Noida Authority, BMC, DTCP in Haryana's licensed colonies, and so on) and confirms the building can be lived in, with water, sanitation and electricity provided. The completion certificate confirms the project was built as per the sanctioned plan.
In December 2024 the Supreme Court, in Rajendra Kumar Barjatya v U.P. Avas Evam Vikas Parishad, directed that electricity, water and sewer connections be given only after the completion or occupancy certificate is produced, and that banks check these before lending against a building. That makes the OC a practical requirement, not a formality. If the builder or seller can't produce it, don't pay.
Careful with abbreviations in Mumbai and Pune: there, CC usually means the commencement certificate, which is issued before construction starts. A seller saying "we have the CC" may not be saying what you think.
Papers you'll need yourself
The buyer's side is shorter but still holds up registrations.
- PAN card and Aadhaar for each buyer, plus passport-size photographs.
- For a home loan: salary slips or business returns, bank statements and the lender's own forms. Start this early; see home loans for current options.
- Proof of TDS: on a purchase of ₹50 lakh or more, the buyer deducts 1% tax and deposits it. From 1 April 2026 this falls under section 393 of the Income-tax Act, 2025, and is reported in Form 141, which replaced Form 26QB.
- Stamp duty paid through e-stamp or the state's payment gateway. Work out the amount first with the stamp duty calculator; in Uttar Pradesh, see stamp duty in UP.
At registration and after
The sale deed is registered at the sub-registrar's office under the Registration Act, 1908, with both parties and two witnesses. Check the property description, carpet area and consideration in the draft deed before the appointment, not at the counter.
After registration, collect the original deed, apply for mutation of the property tax record into your name, transfer utility connections, and get the society or association to record you as a member. For a new flat, the builder must also execute a conveyance deed in your favour. Section 17 of the RERA Act gives the builder three months from the occupancy certificate to do this, unless local law provides otherwise.
A quick way to use this list
Ask for everything in one go, in writing, and note what arrives. A seller or builder who sends the full set in a week is usually a straightforward deal. One who keeps promising the OC "next month" is telling you something. If you're comparing ready homes, ready-to-move projects in Noida and projects in Mumbai are good places to start, and each listing shows the RERA number we hold, which you can check against the state portal.
Frequently asked questions
What documents are required to buy a resale flat?
The registered sale deed and the earlier chain of deeds, the occupancy certificate, an encumbrance certificate, loan closure papers if the seller had a loan, the society NOC and share certificate where applicable, and paid property tax receipts. Have an independent lawyer check them before you pay a token.
How many years of title chain should I check?
Lawyers usually trace ownership back about 30 years. Every transfer in that period should be a registered document, and any gap needs a written explanation.
How do I get an encumbrance certificate?
Apply to the sub-registrar's office where the property is registered. Several states, including Tamil Nadu and Karnataka, let you apply and download it online through the registration department's portal.
Can I buy a flat without an occupancy certificate?
It is risky. Since the Supreme Court's December 2024 directions, utilities are to give connections only after a completion or occupancy certificate is produced, and banks are to check it before lending.
Sources: Real Estate (Regulation and Development) Act, 2016 (India Code) · Verdictum: Rajendra Kumar Barjatya v U.P. Avas Evam Vikas Parishad, 2024 INSC 990 · Income Tax Department: TDS on purchase of immovable property · IGRS Uttar Pradesh · UP RERA
