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Legal Checklist for Buying a Home in Kerala

26 May 2025
Legal Checklist for Buying a Home in Kerala

Buying a home in Kerala can be a rewarding experience, especially with the state's scenic beauty and growing urban centers like Kochi and Trivandrum. However, to ensure a smooth and secure purchase, following a legal checklist is crucial.

Whether you are looking to buy 2 BHK flats in Kochi or 2 BHK flats in Trivandrum, this home buying guide will help you navigate the essential legal steps involved in purchasing property in Kerala.

Legal Checklist for Buying a Home in Kerala

1. Verify the Title Deed and Ownership

The title deed is the most critical document as it proves the seller’s ownership of the property. Confirm that the title deed is clear and free from disputes or encumbrances by obtaining an Encumbrance Certificate from the Sub-Registrar’s office. This certificate ensures the property is free from any legal or financial liabilities.

2. Check RERA Registration

Ensure that the property you intend to buy is registered under Kerala’s Real Estate Regulatory Authority (RERA). RERA registration guarantees regulatory compliance and protects buyers by mandating transparency from builders, including possession timelines and project approvals. This is particularly important when buying flats in Kochi or Trivandrum, where many new projects are underway.

3. Verify Building Approvals and Permits

Request copies of the building plan approval, commencement certificate, and occupancy certificate (OC) from the local municipal authority. These documents confirm that the construction complies with local laws and building regulations. Without these approvals, the property may face legal issues in the future.

4. Review the Sale Agreement

The sale agreement should clearly state the total cost, payment schedule, possession date, and penalty clauses for delays. Make sure all terms are transparent and agreed upon before signing. This document forms the basis for the final sale deed.

5. Obtain No Objection Certificates (NOCs)

NOCs from various authorities such as electricity, water, fire safety, and environmental clearances are essential. These certificates ensure that the property meets safety and regulatory standards.

6. Confirm Property Tax Receipts

Check for up-to-date property tax receipts to ensure there are no outstanding dues on the property. This also helps verify the authenticity of the ownership.

7. Complete the Registration Process

Once all documents are verified, proceed with the property registration at the local sub-registrar’s office. Pay the applicable stamp duty (8%) and registration charges (2%) as per Kerala regulations. The sale deed must be signed in the presence of witnesses and submitted for registration, completing the legal transfer of ownership.

Conclusion

Buying property in Kerala, whether it's 2 BHK flats in Kochi or 2 BHK flats in Trivandrum, requires meticulous attention to legal details. Following this home buying guide and legal checklist protects your investment and ensures a hassle-free transaction. Always consider consulting a legal expert to review documents and guide you through the process, making your dream home purchase in Kerala a secure and confident step forward.

By adhering to these steps, you can confidently buy property in Kerala with peace of mind.