A flat purchase in West Bengal turns on two separate enquiries: whether the promoter is allowed to sell at all, and whether the flat itself is lawful and free of encumbrances and dues. The first is answered by the promoter's registration under the Real Estate (Regulation and Development) Act 2016 and the project registration, the sanctioned building plan and the completion or occupancy certificate. The second is answered by the chain of title, the record of rights, the agreement to sell, the carpet area statement, the parking allocation and the society's dues record.
The checklist below is the order in which a careful buyer, and the bank funding the purchase, will want to see the papers.
When this matters
This applies whether you are booking an under-construction flat, buying a ready flat from a promoter, or buying a resale flat from an individual owner in Kolkata or elsewhere in West Bengal. It matters most when a home loan is involved, because the bank runs its own legal and technical scrutiny and will not release the disbursement until the same documents satisfy it.
The checks before you pay
The promoter's registration and the project's registration
Under Section 3 of the RERA 2016 the promoter of a real estate project cannot advertise, market, book, sell or offer to sell any plot or apartment without first registering the project with the regulatory authority; the West Bengal enactment, the West Bengal Housing Industry Regulation Act 2017 (WBHIRA), works alongside it. Section 4 requires the project itself to be registered before any booking. Ask for the RERA/WBHIRA registration number and verify it on the authority's own portal rather than on the promoter's brochure. A promoter who books money against an unregistered project is exposed to penalty, and the booking is a risk you should not take.
The sanctioned plan and the completion certificate position
The building must stand on a plan sanctioned by the local authority for that area — the municipal corporation, the municipality or the panchayat. In an under-construction flat you compare the plan with the unit you are being shown. The completion certificate, or the occupancy certificate where the building is complete, is the document that says the building was built as sanctioned and may be occupied. A promoter who hands over possession without it leaves you holding a structure the municipality or panchayat may treat as unauthorised.
The title chain and the land records
Demand a chain of title going back at least thirty years — the present owner's deed, the previous owner's deed, the mother deed that starts the chain, and the revenue records that follow. Read the record of rights (the khatian) and the plot information (the dag) for the plot, and check that the classification of the land permits the use. Confirm that the land is not recorded as vested, ceiling-surplus or in dispute, and that there is no pending encumbrance. See our page on property registration for how the chain is compiled.
The agreement to sell and its clauses
Under Section 13 of the RERA 2016 the agreement for sale must be in writing and must carry the prescribed particulars; in a registered project it is registered as well. The clauses that matter are the carpet area, the total consideration, the rate and the payment schedule, the date of possession and the promoter's liability for delay, the specification of the flat, and the transfer of the common areas. Do not sign an agreement that leaves the possession date blank or describes the flat only by a "super built-up" figure.
The carpet area
The RERA 2016 defines carpet area at Section 2(k), and an apartment may be sold only with reference to it. Carpet area is the net usable floor area within the walls, and it does not include the balcony or the thickness of the external walls. A promoter quoting "super built-up area" or loading the balcony into the living area is not quoting the carpet area. Compare the figure in the agreement, the brochure and the plan.
The common areas and the parking position
Common areas are defined at Section 2(n) of the RERA 2016 and include the lobbies, staircases, lifts, common corridors, the community hall and the open spaces. The agreement should say what is included and how the common areas will be maintained. Parking is the second place buyers are misled: whether the parking is open or covered, whether it is allotted, sold separately or merely promised, and what it costs, must appear in writing. A parking promise made only orally or by a WhatsApp message is very hard to enforce later.
The society and the maintenance dues
In a resale, ask the co-operative society for a no-objection and a no-dues certificate, and check arrears of maintenance, electricity, water and municipal property tax for yourself. In a promoter project, read the maintenance agreement and the estimated monthly charge, and check whether the promoter has formed or intends to form the association of allottees that the RERA contemplates. An unpaid tax or maintenance bill can become your liability as the incoming owner.
The loan and the bank's requirement
The bank's panel lawyer wants a clear and marketable title, the registered deed of the seller, the up-to-date land and municipal tax receipts, the record of rights, the sanctioned plan, the NOCs from the society and, in a project, the promoter's registration and approvals. Its valuer separately checks the construction and the price. Clearing these before you pay the booking amount saves a collapse at the disbursement stage.
Documents to collect
- Promoter's and project's RERA/WBHIRA registration details.
- Sanctioned building plan from the local authority, and the completion or occupancy certificate where the building is complete.
- Chain of title — current deed, previous deeds, mother deed.
- Record of rights (khatian) and plot information (dag) for the plot.
- Agreement to sell, with the carpet area statement and the payment schedule.
- Parking allotment, in writing.
- Society no-objection and no-dues certificate, and receipts for municipal and land taxes.
- Encumbrance certificate and the original receipts for stamp duty and registration.
Common mistakes
- Paying a booking amount before reading the promoter's registration certificate.
- Accepting a carpet area that quietly includes the balcony or the wall thickness.
- Reliance on an oral promise of parking or of a corner flat.
- Not checking the completion certificate before taking possession.
- Ignoring arrears of society maintenance and municipal tax.
- Assuming an unregistered agreement is enough — stamp duty and registration follow the West Bengal schedule and are payable on the conveyance.
Before you sign anything, have the agreement and the promoter's approvals read together. Our RERA and real estate desk handles promoter and project issues, the draft clauses sit on the property registration formats page, and a question about your own flat can be raised through our contact desk.
Common questions
Is a promoter's registration enough to make the project safe?
No. Registration shows that the promoter has declared the project and its land to the authority, but you still check the title chain, the sanctioned plan and the completion certificate. Registration is the floor, not the whole check.
Can I buy a flat where the building has no completion certificate?
You can, but you take the risk that the structure is treated as unauthorised, that the bank will not finance it, and that you may be asked to regularise or face action. In an under-construction flat, insist on a written undertaking about the completion certificate and the possession date.
How do I verify the carpet area?
Compare the figure in the agreement with the plan and the specification sheet, and ask for a measurement of the unit with the internal walls marked. The definition in Section 2(k) of the RERA 2016 excludes the balcony and the external wall thickness.
Do I need the society's no-objection for a resale flat?
Most co-operative societies require it before a transfer, and the bank will ask for it as part of its legal check. Read the society's bye-laws on membership and transfer before you pay.
FileX Advocates & Legal Consultants, Kolkata, drafts and files these matters before the Calcutta High Court, City Civil and Sessions courts, magistrate, family, consumer and tribunal forums. Call +91 7439811422 or WhatsApp us for a free first consultation.