The 12-Point RERA Checklist Before You Sign an ATS in Noida

Buying a home in Noida is one of the biggest financial decisions most families make. The sample flat may look impressive, the brochure may promise every modern amenity, and the sales team may offer a limited-time deal—but the Agreement to Sell (ATS) is the document that defines what you are actually buying.

An ATS is not a formality. It sets out the unit details, payment obligations, possession timeline, interest for delays, cancellation terms and the responsibilities of both the buyer and the developer. Before you sign, take the time to compare every important clause with the project’s RERA disclosures and the documents available on the UP RERA portal.

Use this 12-point checklist before signing an ATS for a Noida property.

1. Verify the project’s UP RERA registration

Start with the project’s RERA registration number. Ask the developer for it, then independently verify the registration on the UP RERA website.

Check that the project name, developer name, location, registration validity and completion date match what has been promised to you. Do not rely only on a brochure, WhatsApp message or sales presentation.

You should also check whether the project is listed as registered, completed, extended, withdrawn, in abeyance or subject to other notices. A RERA registration number is useful only when you review the information attached to it.

2. Verify the developer and sales agent

The developer named in the ATS should be the same legal entity shown in the project’s RERA registration. Pay attention to small differences in company names, joint-venture entities and special-purpose companies.

If an agent has handled the sale, ask for their RERA registration details as well. A registered agent is not a guarantee of a risk-free transaction, but it gives you a formal identity to verify.

Also review the developer’s previous projects, completion history, delivery record and the number of complaints shown on the portal. This does not replace legal advice, but it helps you make a more informed decision.

3. Match the exact unit details

Your ATS must clearly identify the apartment you are buying. Check the tower, floor, unit number, orientation, balcony, parking space and any exclusive-use area.

The area measurement is especially important. Ensure the agreement clearly states the carpet area, not only the saleable, super built-up or chargeable area. Carpet area is the more meaningful number for understanding the usable internal space of your home.

If the booking form, allotment letter, brochure and ATS show different areas or specifications, do not sign until the difference is explained in writing.

4. Review land title, leasehold rights and encumbrances

Noida and Greater Noida properties can involve authority-allotted land, leasehold rights, sub-lease structures or other project-specific land arrangements. Ask for clarity on the developer’s right to develop and transfer the unit.

Review the land-title information, lease documentation where relevant and any disclosed encumbrances, charges or mortgages. If a lender has a charge over the project land, understand how your unit will be protected and what release process applies.

This is one of the areas where an independent property lawyer can add real value. A lawyer can review the ATS and underlying documents from the buyer’s perspective, rather than relying on the developer’s standard explanation.

5. Check approvals and sanctioned plans

A well-drafted ATS should match the sanctioned layout, building plans and specifications submitted under RERA. Use the UP RERA project page to review available documents such as commencement certificates, approved plans, development plans and other uploaded records.

Check the number of towers, floors, lifts, parking arrangements, club facilities, green areas and access roads. If the brochure promises a school, retail zone, sports facility or clubhouse, ask whether it is part of the approved project plan or only a marketing concept.

Never assume an amenity is guaranteed merely because it appears in a brochure image.

6. Confirm the possession date and grace-period clause

The possession date in the ATS should be specific and easy to understand. Avoid vague language such as “subject to approvals,” “expected possession,” or “within a reasonable time” without a defined date.

Read the force-majeure and grace-period clauses carefully. The agreement should explain what events count as force majeure, how long an extension can apply and how the developer will notify buyers.

A delay clause should not give unlimited flexibility to one side. If the possession timeline is important to your financial plan, ask your lawyer to review the wording before you commit.

7. Check the complete cost and payment schedule

The base price is only one part of the total amount you may pay. Your ATS should clearly show the apartment price, GST where applicable, parking charges, club charges, maintenance deposits, power-backup charges, registration expenses and any other statutory or one-time costs.

Do not accept vague descriptions such as “other charges as applicable” without asking for a written explanation.

The payment plan should show when each instalment becomes due. Construction-linked plans should be tied to clearly defined stages, not broad demands that leave room for interpretation. Keep every demand letter, receipt and payment acknowledgement safely organised.

8. Do not pay more than 10% before the registered agreement

Under Section 13 of the Real Estate (Regulation and Development) Act, 2016, a promoter cannot accept more than 10% of the cost of an apartment, plot or building as advance payment or application fee without first entering into a written agreement for sale and registering it.

This is a critical buyer-protection point. If you are being asked to pay a large amount before the ATS is executed and registered, pause and seek independent advice.

Your payment trail should be transparent. Avoid cash payments and insist on formal receipts that mention the unit, project name and purpose of the payment.

9. Compare buyer and developer default clauses

Read the clauses covering delayed payments by the buyer and delayed possession by the developer. Focus on interest rates, cancellation rights, refund timelines and compensation provisions.

The agreement should not impose heavy penalties on the buyer while providing weak remedies if the developer delays the project. Check whether the interest and default terms are clear, balanced and consistent with applicable RERA requirements.

Also review what happens if your home loan is delayed or rejected. Know whether the developer can cancel the allotment, what deductions may be made and whether you have a reasonable cure period to arrange funding.

10. Protect yourself against plan or amenity changes

Under RERA, a promoter is expected to develop the project in line with sanctioned plans, layouts and specifications. Material changes to plans, fixtures, amenities or common areas should not be treated casually.

Your ATS should clearly describe the approved specifications, the promised common facilities and the conditions under which changes may be made. Do not rely on a salesperson’s verbal assurance that a particular view, park, tower gap or amenity will remain unchanged.

If a feature matters to your decision, get it included in the written agreement or in a signed annexure.

11. Review quality, defects and handover obligations

Before possession, you should know what documents the developer must provide and what condition the apartment should be in at handover.

Ask about the completion certificate, occupancy certificate, utility connections, fire-safety compliance, parking allocation and maintenance handover. Keep a detailed possession checklist and inspect the unit before signing the possession letter.

RERA also provides for defect-liability protection: certain structural defects or workmanship, quality, service or provision-related obligations reported within the prescribed period after possession may need rectification by the promoter. Read your ATS carefully and document all snagging issues in writing.

12. Download the proforma ATS and get independent legal review

Many UP RERA project pages include uploaded documents such as the proforma Agreement for Sale, allotment letter, completion certificate, encumbrance details and development plans. Download the project-specific proforma ATS and compare it with the draft presented to you.

Do not sign in a hurry because of a “last unit” or “offer ends today” message. Take the draft home, read every annexure and ask questions in writing.

A qualified property lawyer can identify one-sided clauses, missing disclosures, unexplained charges and conflicts between the ATS, allotment letter and RERA records. The legal-review fee is small compared with the cost of buying a home.

Final takeaway

A RERA-registered project is a valuable starting point, but registration alone is not a substitute for due diligence. Before signing an ATS in Noida, verify the project, developer, unit, plans, payment schedule, possession date and buyer remedies.

The best time to ask questions is before signing—not after a dispute begins. Keep all documents, emails, brochures, receipts and signed pages safely stored. A careful review today can protect your money, your timeline and your peace of mind tomorrow.

This article is for general information only and is not legal advice. For a specific property transaction, consult a qualified real-estate lawyer.