Buying apartments and condominiums in Delhi: a buyer’s decision guide

Define the Delhi purchase, not just the apartment

A Delhi apartment purchase is two decisions: whether the private dwelling serves its intended use and whether its building, land rights and collective obligations are acceptable. ‘Condominium’ is a descriptive marketing term, not proof of a particular ownership structure. First establish the property's exact address within the National Capital Territory of Delhi. Gurugram and Noida belong to different states and should not inherit Delhi's registration and regulatory assumptions. This guide addresses screening and purchase in Delhi, not a live inventory or an appraisal of a named development.

Build a shortlist around daily travel at realistic hours, usable floor area, lift access, natural light, water and power reliability, parking needs and the ability to maintain the unit. Demand a dimensioned, sanctioned or as-built plan and distinguish carpet area from super built-up or marketed area; a larger advertising figure is not automatically more usable space. Visit the approach roads, basement and common facilities, ideally after rain and during peak traffic. Verify schools, health access and transit independently. Compare the same unit size, tenure, age and amenities before drawing a price conclusion; independently verified current transaction-price data for this market is limited.

Use a like-for-like comparison sheet for at least two shortlisted units: documented carpet area, what the deed actually transfers, floor and access, asking price per unit of carpet area, stamp-duty valuation basis, recurring maintenance, expected major works and any possession or use limitation. Mark unavailable records as ‘not verified’, not zero cost. Reject an attractive headline price if the necessary legal interest, practical access or essential building records cannot be demonstrated.

Choose the legal and physical product

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Check who can lawfully buy

Buyer nationality and residence matter before negotiations. Under the RBI's current framework based on the 2019 Non-debt Instruments Rules, eligible non-resident Indian citizens (NRIs) and Overseas Citizens of India (OCIs) can generally purchase residential property, subject to the prescribed payment channels and other limits. A foreign citizen who is neither an eligible NRI nor OCI must not assume the same permission; FEMA residence, nationality and any exceptional route require individual legal review. Owning a flat does not by itself confer an Indian visa, residence permit or citizenship. Check funding and eventual repatriation separately with the authorised dealer bank.

The RBI distinguishes non-Indian-origin foreign nationals resident in India, who may acquire property subject to the applicable FEMA residence test, from those resident outside India, for whom ordinary residential purchase is generally unavailable; limited lease and inheritance routes are different from an unrestricted purchase. RBI also lists nationalities requiring prior permission even if resident in India, subject to OCI exceptions. A tourist visa, an Indian address or time spent visiting does not alone establish FEMA residence. Verify nationality, status and proposed acquisition with counsel and the authorised dealer bank before paying.

Match the flat to enforceable ownership rights

Have an independent Delhi property lawyer reconstruct the chain of registered instruments, identify the present transferor and signatories, and check mortgages, pending litigation, succession, powers of attorney and government or development-authority conditions. Delhi's official systems distinguish older DORIS e-search records (before January 2024) from newer NGDRS records (after January 2024). Use the appropriate period and inspect certified underlying instruments, not just a portal screen or search result. A search is a starting point, not state insurance of title; investigate discrepancies before committing an irreversible advance.

In buildings to which the Delhi Apartment Ownership Act, 1986 applies, an apartment carries an undivided interest in common areas and facilities; the statutory framework also regulates collective maintenance and association matters. But the actual instrument, declaration, plans, by-laws and tenure still control what is included. Ask whether a parking bay or storage space is owned, exclusively allotted, licensed or simply accessible, and whether balconies, terraces, roof areas, plant rooms and service corridors are shared. Record the answer against drawings and the sale document. Never price a claimed ‘private’ shared space as an owned asset without evidence.

Test project status and building permissions

For developer projects, check the relevant Delhi RERA record and its current status, sanctioned plans, project phase, promoter identity and disclosed schedule; establish whether registration was required or whether a statutory exemption applies. The Real Estate (Regulation and Development) Act, 2016 creates project-registration and disclosure duties but registration does not cure a defective unit title. Request completion/occupancy evidence from the competent authority and compare built configuration with sanctioned plans. For older resales, ask what approvals and completion records actually exist; an absent document calls for analysis, not an invented assurance that every building holds identical paperwork.

For a transaction covered by RERA section 13, a promoter must not take more than 10% of the apartment cost as an advance or application fee without first entering into a written agreement for sale and registering that agreement as required. Check the agreement's unit identification, approved plans, staged payments, possession date, delay consequences and refund mechanism before handing over funds. This is not a blanket 10% rule for ordinary private resales or a substitute for checking whether RERA applies to the project.

Read the shared building’s finances and rules

Obtain at least the latest available annual accounts, the current budget, maintenance invoices, reserve or sinking-fund position, minutes recording major repairs, insurance summary and a written no-dues or itemised arrears statement. Confirm which body is responsible: developer, DDA-linked manager, co-operative or residents' association. Test high-cost exposures including lift replacement, façade repairs, fire systems, generators, water treatment, drainage and basement waterproofing. An unusually low monthly service fee can merely defer expensive work; budget separately for an unapproved or unfunded project. Ask who pays arrears and pre-closing assessments in the sale agreement.

Test the intended use against applicable lease terms, association by-laws, building permissions and local rules. Residential occupancy, long-term letting, short stays, alterations, pets, parking transfers and access to facilities are different questions; marketing material is not a waiver of restrictions. Ask the manager for written rules and for examples of their actual enforcement. For investment, do not assume a rental return from an advertised rent or a broker projection: establish achievable rent, vacancy, charges, property tax, repairs, brokerage, financing and tax position on the same basis. Neither personal occupation nor rental eligibility follows solely from title.

Inspect what photographs cannot establish

Arrange an independent inspection of the actual unit and shared structures, not only the model flat. Check leaks and past water ingress, electrical load, plumbing pressure, window seals, noise at different hours, emergency exits, fire equipment, lift maintenance, backup power and access routes. Read the most recent safety, servicing and defect records available, then obtain specialist inspection where concerns arise. Delhi's heat, air quality and seasonal rains make ventilation, filtration, water and drainage performance practically important; do not presume engineering compliance merely because the project looks premium. Photograph defects and tie promised repairs to a written handover standard.

Budget for the full transaction

Calculate acquisition charges on the legally applicable valuation, not a broker's percentage of the quoted price. Delhi Revenue's published registration guidance states stamp/transfer duty set by buyer category and a registration fee, assessed on the higher of consideration and applicable circle-rate value; confirm the current rates with the Sub-Registrar before budgeting. Different buyer combinations, entity ownership, instrument types, concessions or future revisions require a fresh official calculation. Allow separately for counsel, inspections, loan processing/interest, brokerage, tax, moving, fit-out and recurring building charges. Check whether GST applies to the specific new-build supply instead of adding it to every resale.

Illustration, not a market quote: if the applicable duty/registration base is ₹2 crore, 6% is ₹12 lakh or 4% is ₹8 lakh, while 1% registration is ₹2 lakh plus ₹100. If the seller is Indian-tax-resident and the TDS rule in section 393(1) of the Income-tax Act, 2025 (formerly section 194-IA) applies, the buyer generally deducts 1% TDS where consideration or stamp-duty value reaches ₹50 lakh (using the higher base); this is normally part of the settlement amount withheld and remitted, not an additional 1% added to the price. If the seller is non-resident, a different analysis is needed under the Income-tax Act's withholding rules for non-resident sellers. Confirm current procedure and timing with a tax adviser before paying any instalment.

Under section 393(1), Table item 3(i), of the Income-tax Act, 2025 (which replaced section 194-IA from 1 April 2026), where the transferor is Indian-tax-resident and the provision applies, the 1% deduction is calculated on the higher of consideration and stamp-duty value if either is at least ₹50 lakh; specified incidental transfer charges may count in consideration. For multiple sellers or buyers, the statutory test aggregates amounts paid or payable in respect of the same property. Arrange the deduction, deposit and reporting at the required payment stage instead of treating TDS as an extra tax paid on top of the agreed price. Confirm current filing steps and, if the seller is non-resident, the applicable withholding rules under the Income-tax Act before transferring money.

Control the transaction and decide

Separate enquiry, document review, negotiation, conditional booking, signing, registration and final settlement. Before any substantial non-refundable payment, make the offer subject to satisfactory title, purchaser eligibility, financing, documented building permissions, no-dues certificates, inspection and possession terms; specify escrow or repayment conditions and allocation of charges. Delhi's registration guidance normally calls for seller and buyer, two identified witnesses and appearance at the relevant Sub-Registrar. Remote video review or an electronic search does not establish that a particular buyer can complete registration remotely; any power of attorney needs individual procedural review. Release the balance only against agreed signed, registered and deliverable documents and possession evidence.

Proceed to formal due diligence when the unit, tenure, building management and overall cost remain attractive after document checks. Renegotiate or add enforceable conditions for priced, curable defects such as documented arrears or repairs. Stop where the seller cannot establish authority, a material title or planning contradiction persists, purchase is impermissible for the buyer, or key common-area and usage rights are unsupported. Keep the decision file: plan, title documents, approvals, association records, inspection findings, itemised budget, lawyer's qualifications and agreed closing sequence. The next action is a property-specific legal and engineering review, not reliance on this general guide as transaction clearance.