Buying a Builder Floor in Delhi: Plans, Title and Roof Rights
Contents
A builder floor is an independent home on one floor of a low-rise building on a private plot. Delhi’s bye-laws generally allow stilt parking plus four floors on most residential plots, with a 17.5-metre height cap where stilt parking is provided. The buyer is rarely buying a ‘project’. They are buying a share of a plot, plus whatever the deed says about the floor.
That is why paperwork matters more here than in a large society. This builder floor Delhi documents checklist walks through the checks in the order most buyers need them. Rules are current as of 20 October 2026, and we flag the points that are still moving.
The checklist at a glance
| Document | What it tells you | Red flag |
|---|---|---|
| Sanctioned building plan | Floors, covered area, parking, open terrace and setbacks approved by the civic body | Seller offers only a marketing floor plan or a blurry photo |
| Completion / occupancy certificate | The authority confirmed the building matches the plan | No certificate and no other proof of regular occupation |
| Conveyance deed or freehold proof | The land is freehold, or was lawfully converted | Leasehold land with no permission or conversion papers |
| Chain of registered sale deeds | Unbroken ownership from earlier owners to the seller | Gaps, or GPA/agreement-to-sell links instead of registered deeds |
| Draft sale deed | Land share, roof, parking and common areas in writing | Rights ‘understood’ but not written |
| Tax, utility and encumbrance records | No dues, no mortgage or charge on the property | Arrears or an existing loan the seller does not mention |
1. Sanctioned plan and completion checks
The sanctioned plan sets the permitted number of floors, covered area, setbacks, balconies, parking, staircase, lift and service shafts. It is the yardstick for everything you see on site.
Ask for the full approved drawings, not a screenshot. Useful details to note down are the plan number, approval date, approving authority, plot number, owner’s name and architect’s name. MCD covers most of Delhi, while NDMC covers the Lutyens zone and New Delhi area, so confirm which body sanctioned your plan.
MCD sanctions run through its online building plan system at eodb.mcd.gov.in, while NDMC and DDA handle their own zones. Check the plan against the authority’s record, not only the seller’s copy.
Walk the building with the plan in hand
- Count the floors and units against the approved number.
- Check that the stilt is open parking if the plan says so.
- Look for extra rooms, closed balconies and covered terraces.
- Check that the staircase and shafts match the drawings.
One South Delhi dealer’s guide warns that deviations such as an extra terrace room or a covered stilt become your problem after registration. If you buy, you inherit the risk. MCD runs enforcement drives against illegal floors, excess FAR and deviations from sanctioned plans, and major violations can bring penalties, sealing or demolition risk.
Completion and occupancy papers
The completion certificate confirms the building is safe and matches the sanctioned plan, and an occupancy certificate is also required for usability. Ask for both where they exist.
Many older colony buildings have no certificate on file. Where colony practice differs, the sanctioned plan, water and electricity connections and tax assessment together can show regular occupation. Treat that as a weaker substitute and discuss it with a property lawyer.
Do not stop at the certificate either. An occupancy certificate does not guarantee every past deviation was resolved, and it does not prove title. You still need to walk the building against the plan.
2. Freehold status
The plot should be freehold, or lawfully converted. One checklist asks for the plot to be freehold, or converted with the conveyance deed on file. If the papers describe the land as leasehold, ask for the conversion documents before you discuss price.
Do not assume a leasehold conversion can be done quickly. The Delhi High Court has asked MoHUA and the DDA to frame a policy for fresh conversion applications. DDA’s online conversion portal has reportedly been down since 2 January 2026. Sources differ on the exact date, but all agree it has been down since early 2026.
On 28 September 2026 the court ordered pending applications to be decided under the policy in force when each was filed, within two months. That is about 28 November 2026. This helps people who already applied and paid. It does not tell a new buyer when a fresh application will be accepted, so check the latest position before you rely on a promise of ‘easy conversion’.
3. The chain of sale deeds
A clean chain shows how the plot reached the seller. One checklist suggests collecting every registered deed going back at least 30 years, and says a certified-copy search at the sub-registrar can fill gaps the seller cannot. Treat 30 years as a practical benchmark, not a legal rule.
- Each deed should name the previous owner as the seller of the next one.
- Check that stamp duty was paid on each deed, especially if the property has changed hands more than once.
- Delhi’s Revenue Department offers online searches of earlier registrations, along with deed-search and encumbrance-search facilities.
- Ask for mutation and property-tax records in the seller’s name.
- If a family or builder arrangement was involved, ask for the partition, probate or relinquishment papers.
Check who is allowed to sell your floor
Many floors come from builder-owner collaborations. The landowner may keep some floors, while parking, terrace rights, land share and the right to sell each floor can be split between the parties. Ask for the collaboration agreement and confirm the seller actually holds the floor you are buying.
Why a GPA or agreement to sell is not enough
Since the Supreme Court’s Suraj Lamp judgment in 2011, only a registered conveyance deed legally transfers immovable property. A GPA only authorises someone to act as an agent. If the chain contains a GPA, agreement to sell or will in place of a registered deed, treat it as a serious gap.
4. Writing roof, parking and land share into the deed
This is where many disputes begin. Terrace rights, stilt parking slots, a servant quarter and a basement share belong to a floor only if the deed says so. Verbal assurances do not count.
Roof or terrace rights
Do not assume the top-floor owner owns the roof. Roofs in builder floors are generally treated as common areas unless the legal documents clearly say otherwise. ‘Terrace rights’ may mean exclusive use, such as seating or gardening, without full ownership of the roof structure.
Ask the drafter to cover these points:
- Is the roof exclusive to one floor, or shared?
- Who may build on it, and only if the sanctioned plan and civic rules allow it?
- Where do the water tanks, dish antennas and lift machine room sit, and can other owners reach them?
- Who pays for roof repairs and waterproofing?
One legal-advice answer says a builder cannot sell the terrace to one owner without the consent of the other owners or a proper transfer document. Treat that as general guidance from a Q&A forum, not a ruling on your building. Have your own lawyer read the deeds.
Parking
Do not accept ‘one parking’ as a verbal promise. Name the slot or give a clear description in the deed. Views differ on whether stilt parking can be sold on its own. One lawyer on a legal forum says stilt parking is a common area that can be allotted but not sold. Another says rights depend on the clauses in the agreement. Because opinions differ, the deed wording should be explicit about whether you get an exclusive right of use.
Land share: a worked example
Your sale deed conveys the floor plus a proportionate undivided share of the plot. One broker guide says that in a new four-floor building, an upper floor carries about 22.5% of the plot, while a basement-plus-ground unit carries 32.5%. Treat these as commonly quoted figures and check your own deed.
| Item | Upper floor | Basement + ground |
|---|---|---|
| Share of plot | 22.5% | 32.5% |
| On a 200 sq yd plot | 200 x 22.5% = 45 sq yd | 200 x 32.5% = 65 sq yd |
The exact undivided share must be written into the sale deed, not implied. Also ask whether the plot size in the deed matches the sanctioned plan.
5. Loan eligibility by colony type
A bank needs a registrable title and a mortgage it can enforce. Banks do not finance properties where an equitable mortgage cannot be created, because they could not enforce their security if the borrower defaulted. Lender policies differ, so ask for an eligibility check before you pay a token amount.
| Colony type | Typical loan position | What to check |
|---|---|---|
| Regular, planned or regularised colony with a registered sale deed | Usually the easiest case, subject to the lender’s own legal and technical checks | Sanctioned plan, deed chain, no dues |
| Notified unauthorised colony, GPA / agreement-to-sell papers only | Many banks shy away from loans on GPA, SPA, ATS or unregistered properties. | Whether the seller can first obtain a registered deed |
| Unauthorised colony after a PM-UDAY conveyance deed | Once you hold a conveyance deed and eventually a registered sale deed, the property is generally eligible for formal bank loans. | Colony is on the notified list; deed is registered |
| Original Lal Dora (village abadi) | Most nationalised banks refuse loans against Lal Dora property because of missing approved title or building plan. | Registrable title; consider legal advice first |
| Extended Lal Dora with registered sale deed and mutation | A much better chance than original Lal Dora, subject to the specific lender’s policy. | Lender-specific legal opinion |
Where PM-UDAY stands
PM-UDAY covers 1,731 unauthorised colonies in Delhi. One portal reports that in April 2026 the government cleared 1,511 colonies for regularisation on an as-is-where-is basis. The same source reports 31 October 2026 as the last date to apply for ownership documents. We could not confirm that date on an official page, so check it on the PM-UDAY portal. Do not buy on the assumption that regularisation will happen later.
Also ask the lender about the building’s age. Some banks will not fund properties more than 30 years old, which is an internal policy and not a legal bar.
6. The cost side: a worked example
Stamp duty rates cause the most confusion, because online sources do not agree. In the MCD area, one guide puts duty at 6% for men and 4% for women up to Rs 25 lakh, rising to 7% and 5% above that. A 1% registration fee and a Rs 100 pasting fee apply too. Another site notes the extra 1% above Rs 25 lakh is not uniformly confirmed in official published rates. Verify with the sub-registrar or the Revenue Department before you register.
The tax is charged on the higher of the deal value and the circle rate. Reports say Delhi’s 2014 circle rates remain in force, and a revision has been proposed but not notified. Because this could change, check on your registration date.
| Buyer on Rs 2 crore deal (MCD area) | Stamp duty | Registration (1%) | Total |
|---|---|---|---|
| Male (7%) | Rs 14,00,000 | Rs 2,00,000 | Rs 16,00,000 |
| Joint (6%) | Rs 12,00,000 | Rs 2,00,000 | Rs 14,00,000 |
| Female (5%) | Rs 10,00,000 | Rs 2,00,000 | Rs 12,00,000 |
These figures use the above-Rs 25 lakh rates and ignore small fixed fees. NDMC and cantonment areas follow different rates, so check your own address.
7. RERA, dues and payment
Do not assume RERA protection. One checklist notes RERA registration applies only above thresholds such as a plot over 500 square metres or more than eight units. Many small builder floors fall below that.
Before payment, ask for property tax and utility clearances, and check for any existing mortgage. Keep payments traceable through banking channels. The same checklist asks for tax and utility arrears to be clear, payments to be fully in white, and TDS to be deposited.
A short action plan
- Get the sanctioned plan and match it to the building.
- Ask for the completion/occupancy papers, or the colony-practice substitutes.
- Confirm freehold status or lawful conversion.
- Trace the registered deed chain and run your own sub-registrar search.
- Have a lawyer draft roof, parking and land-share clauses.
- Get lender pre-checks before paying a token amount.
If you are still comparing areas, the South Delhi guide and the New Delhi guide are useful starting points. You can also look at new projects in South Delhi, or browse all projects by city and builder.
This article is general information, not legal advice. Have a property lawyer review the final papers before you sign.
Frequently asked questions
What documents should I check before buying a builder floor in Delhi?
Check the sanctioned building plan, the completion or occupancy papers (or colony-practice substitutes), proof of freehold status, the chain of registered sale deeds, tax and utility records, and the draft sale deed. Also confirm that the seller is actually entitled to sell that floor.
Does the top-floor buyer automatically own the roof?
No. Roofs in builder floors are generally treated as common areas unless the documents clearly say otherwise. Any exclusive roof right and the permission to build on it should be written into the registered deed and match the sanctioned plan.
Can I rely on a GPA and agreement to sell for a builder floor?
Not safely. Since the Supreme Court's 2011 Suraj Lamp judgment, only a registered conveyance deed legally transfers immovable property, and a GPA only authorises an agent. In unauthorised colonies, ask the seller to first obtain a registered deed, for example under PM-UDAY.
Can I get a home loan on a builder floor in an unauthorised colony?
Many banks decline GPA or agreement-to-sell properties. Eligibility generally improves once a conveyance deed and registered sale deed are in place, but each lender has its own policy, so get an eligibility check first.
How far back should the sale deed chain go?
One checklist suggests tracing registered deeds back at least 30 years, using a certified-copy search at the sub-registrar to fill gaps. This is a practical benchmark rather than a legal rule, and your lawyer may ask for more.
Can I convert a leasehold builder floor to freehold right now?
It is uncertain. DDA's conversion portal has been down since early 2026, and the Delhi High Court has asked for a policy for fresh applications while ordering pending ones to be processed under the policy in force when they were filed. Check the latest DDA/L&DO position before relying on conversion.
What is the stamp duty on a builder floor in Delhi?
Sources report 6% for men, 4% for women and 5% for joint ownership up to Rs 25 lakh, rising by 1% above that in the MCD area, plus a 1% registration fee. Because sources differ on the extra 1%, confirm the rate with the sub-registrar before registration.
Sources
- Builder Floor Buying Checklist (2026): 21 Checks Before You Pay
- Builder Floors in South Delhi
- MCD EODB: Stages of approval
- Check sanctioned building plan Delhi NCR
- How to Check a Sanctioned Building Plan in Delhi
- How to Verify Building Plan Approval Before Buying a Property
- House Construction Approvals in Delhi: Rules & Process
- Documents to check before buying a newly-constructed floor Delhi
- Builder Collaboration Agreement Delhi
- Can builders give exclusive roof rights to top floor owners
- Terrace rights explained for builder floors South Delhi
- Selling roof right is legal or not
- Builder Floor – Stilt Parking
- Delhi High Court Directs DDA To Process Pending Freehold Conversion Applications Within Two Months
- Delhi HC: Old DDA conversion rates apply, decide in 2 months
Updated 20 October 2026. This article is general information, not legal or financial advice; check current rules and project details before you decide.
