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Commercial real estate is among the fastest-growing markets in India. Offices, retail stores, institutions, and industrial developments primarily fall under this umbrella. Commercial property is a property owned to generate income through business activities.
While many prefer developed structures, commercial plots have also been at the center stage due to higher appreciation and relatively lower investment costs than other asset types in commercial real estate.
However, being abreast of the nuances of buying commercial land is crucial to avoid administrative and legal hassles. From paperwork to zoning laws, there are various factors to look into. Let’s look at essential tips for buying commercial land in India.
Types of commercial property
Retail - Retail Shops, Stores, Malls
Industrial- Warehouse, Manufacturing Plants , Factories
Hospitality-Tourism Agencies, Motels, Hotels
Institutional- Schools and Colleges
Office Spaces- Corporate Offices
What’s to check before buying a commercial plot in India?
Review the Location
- Location Matters: The most critical factor in buying commercial land is its location. It should be easily accessible with good infrastructure. A prime location ensures higher demand and, in turn, leads to higher profits.
- Zoning System: Indian civic authorities use a zoning system based on Euclidean geometry to classify land for commercial purposes. They divide towns into districts with specific zones for different land uses, either permitted or prohibited.
- Integrated Zoning: As available land decreases, zoning becomes more integrated. This means that the planning of various zones becomes more coordinated to optimize land usage efficiently.
- Clearly Demarcated Commercial Zone: When buying commercial land, ensure it falls within a clearly marked commercial zone. This guarantees that the area is suitable for commercial activities and compliant with local regulations.
- Avoid Uncontrolled Development: Avoid land with uncontrolled development like unauthorized boundaries, fences, or incompatible structures within the permitted area. These issues may lead to legal and operational challenges later on.
- Types of Commercial Activities: Commercial land can be used for various purposes, including warehouses, offices, restaurants, shops, and industries. The proximity of one commercial zone to another depends on the type of activity and vehicular traffic.
Taxes and Returns
- Taxation of Rental Income: Rent received from any property, including commercial property, is taxed under the head 'income from house property' in India.
- Actual Rent or Reasonable Rent: The taxation is based on either the actual rent received from the property or the rent that can reasonably be expected from it, whichever is higher.
- Standard Deduction: A standard deduction of 30 percent is allowed on the rent received. This means you can deduct 30 percent of the rental income as an expense before calculating the taxable income.
- Deductions for Building Repairs and Renovations: You can claim deductions on the amount invested in building repairs and renovations for the commercial property.
- Interest on Loan: Under Section 24 of the Income Tax Act, you can claim the interest paid on the loan taken for the commercial property as a deduction. This includes processing fees and prepayment charges paid to the financial institution.
- Availability of Standard Deduction: The standard deduction of 30 percent is available even if the actual expenses on the property are higher or lower than that percentage. It simplifies the deduction process.
Check Documents
- Ownership Details: Review the property's registration papers to ascertain the number of owners. Knowing the ownership structure is essential to ensure a smooth and legitimate transaction.
- Seller's Right to Sell: Verify if the seller has the legal right to trade the commercial property. Confirm that they have the authority to sell the asset and that there are no disputes or legal issues surrounding the ownership.
- Existing Loans or Pledges: Check for existing loans or pledges against the land parcel. Knowing if the property has been used as collateral for any debts or financial commitments is crucial.
- Clearance of Outstanding Dues: If the land has been mortgaged in the past, ensure there are no outstanding dues related to the mortgage. The seller should clear any pending payments before the deal is finalized.
- Title Search: Conduct a thorough title search to verify the property's history and ensure no legal encumbrances, liens, or claims could affect your ownership rights.
- Encumbrance Certificate: Obtain an encumbrance certificate from the registrar's office to verify if there are any legal claims or liabilities on the property.
- Approved Land Usage: Ensure the land is categorized as a commercial plot in the official records and falls within the designated commercial zone.
- Pending Litigations: Check for any ongoing legal disputes or litigations related to the property. Purchasing a plot involved in legal battles can lead to future complications.
- Land Boundary and Area: Verify that the boundaries and area mentioned in the registry papers match the actual physical boundaries of the land.
- Property Tax Records: Review the property tax records to ensure the seller has paid the appropriate taxes for the commercial plot.
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Investing in land has always been a popular way to grow wealth. With the value of land generally rising over time, many people find it a reliable investment. But as the demand for land grows, buying it is becoming more complex. Before jumping into the market, it’s important to understand both the benefits and the challenges that come with purchasing a plot.
Why Consider Investing in Residential Land?
As an investment, land is a good bet. Compared to mutual funds or stocks, it is relatively easy to invest in land, and there is relatively less risk involved. However, for a prudent decision, it is significant to know the challenges involved in buying land.
Challenges in Buying Plots or Residential Land
Buying a plot isn’t just about picking a piece of land and paying for it. There are several challenges to consider. Here are some of the main ones:
Understanding the Type of Land
You are supposed to know whether the land is classified either for residential or agricultural use before buying it. Agricultural land tends to be less expensive, but there will be constraints on such a piece of land. The land could not be used for constructing houses as in the case of residential lands.
Legal Checks and Documentation
Another major issue involves the verification of whether it is a legally clear property or not. While a Title Deed is proof that the seller has a right to the land, an Encumbrance Certificate is equally important to ensure that no legal dues exist in the property. And if there are disputes or unclear ownership over the land, then completely avoid it, as it will end up in costly legal tangles.
Location and Purpose
Think of the reasons you are buying the land. For a house of your family, it is wise to seek sites close to schools, offices, and hospitals. For business, you might need to buy land that is relatively central. Ask yourself what you want the land before you go ahead to purchase a location.
Invest in a plot; you get large returns out of it. However, it has not been an easy process to invest in a good plot without doing research and inspection. Genuine Plots will assist you in any purchase done with experts for an easy and safe buy, ensuring all the paperwork is in place.
When you are planning to buy a property or land, you may need a loan to help you with the payment. There are two types of loans you can choose from: a home loan and a land loan. While both can help you buy property, they are different in certain ways. Let’s explore these differences and similarities in simple terms.
Similarities Between Home Loan and Land Loan
- Approval Process: The way lenders check your eligibility is the same for both home loans and land loans. They will check your income, credit score, and other factors before they approve the loan.
- EMI Options: For both home and land loans, EMIS applicable. You can also apply for a co-applicant if needed, and the rules for this are similar for both types of loans.
Differences Between Home Loans and Land Loans
1.Purpose and Location:
- Home Loan: This loan is for buying a ready-to-move-in property, a property under construction, or one that you plan to build yourself.
- Land Loan : This one is for the purchase of a plot of land, which will be used strictly for residential purposes.
2.Loan-to-Value Ratio (LTV):
Home Loan: You can get up to 75-90% of the value of the property. So, you pay just 10-25% in a down payment for the property.
Land Loan The maximum loan will be 75-80% of the land's value. Hence, one needs a bigger down payment, at least 20-25%.
3.Loan Tenure:
Home Loan: A home loan is paid out over a very long-time period, normally up to 30 years.
Land Loan: The repayment period of the land loan is up to 15 years, as the repayment period for the loan is quite short.
Tax benefits:
Home Loan: Tax benefit is available on the interest as well as principal repayment of a home loan.
Land Loan: No tax benefits can be availed with the land loan. But if you build a house on that land after getting some construction loan then tax benefits can be availed on that construction loan.
|
Aspect |
Home Loan |
Land Loan |
|
Purpose |
Ready property, under-construction, or self-built homes |
Plot of land for residential use |
|
Loan-to-Value Ratio |
75-90% |
75-80% |
|
Loan Tenure |
Up to 30 years |
Up to 15 years |
|
Tax Benefits |
Available on principal and interest payments |
Only available on construction loan |
|
Approval Process |
Same for both types of loans |
Same for both types of loans |
|
EMI Options |
Same for both types of loans |
Same for both types of loans |
Before you buy a piece of land in Maharashtra, it is pretty important that you ensure its title is clear. This process keeps away the legal issues. Here's how you can investigate a land title in simple steps.
Title Search
Go to the land registry in that area to obtain information about its history. Find the records that state the previous owners and loans or claims on the property by showing the 7/12 extract.
Abstract of Title
An abstract of the title would give you a summary of the legal history, reflecting the change in ownership and the issues relating to the property.
Property Deeds
Check the property deeds to ensure who owns the land today. Also, these records will outline any restrictions, such as who may use the land.
Measure the Land
Hire a surveyor to survey the land. This will help one to know what actually is the boundary of that land and where the neighbors are using parts of the land.
Search Court Records
Look up court records to see if the property is involved in any lawsuits. For example, there could be a question over who owns the land.
Tax Records
Verify property taxes and that there are not other issues, like unpaid taxes or tax liens that have not been discharged.
Local Laws
Look into local zoning laws that may be able to keep you from doing certain things on the land. Some areas will not allow building or any kind of development.
Talk to Neighbors
Talk to people living nearby to know the history of the land. They might be aware of problems like boundary disputes.
Hire Legal Help
Always take the services of an attorney or a land expert like Genuine Plots, who will guide you appropriately as you analyze this land.
By taking these measures, you will have all the information concerning the title of this property and will not have any issues concerning the title in the future.
7 Essential Documents You Need When Buying Commercial Property in India
It is quite thrilling to ride in commercial real estate, and as such, it's very important that you get the paperwork right so that the transaction goes through; below is a quick guide to the seven key documents you will need when purchasing commercial property in India:
Title Deed This is the golden ticket. What it does is confirm ownership by a seller and prove that the property is free from any form of lawful and legitimate disputes; thus, it forms a cornerstone of your purchase.
Sales Agreement It can be said to be that document acting as your roadmap. The sale agreement provides an indication of all the terms regarding the sale, that is, the price and time frame when the payment should be made, both parties getting to the same page.
Not missing the registration process: Registration of property should be done with the sub-registrar of the local authority. You will need to pay stamp duty and registration fees, of course!
Encumbrance Certificate: An encumbrance certificate is your safeguard for various reasons. An encumbrance certificate states that there are no legal liabilities or outstanding dues against the property.
No Objection Certificates (NOCs): Depending upon the type of property, you would need a set of diversified NOCs from local authorities. NOCs merely confirm that there are no legal matters or objections towards the property.
Building Approval Plan: You would be planning any kind of renovation. Well, if that's indeed the case, you will require a building approval plan from the local municipalities to ascertain that the modifications done are within the zoning laws and regulations.
Tax Receipts: Let Your Records Keep Tidy! Up-to-date property tax receipts are important documentation to ensure that there are no pending dues in relation to the property and that it is free from hassles.
Incorporation of such important papers in your purchase will make the transaction smooth as well as a prudent investor. To ascertain that the purchase has been successful, you can employ real estate experts or the legal counsel of Genuine Plots to guide you through the papers.
When it comes to property transactions, several factors need to be considered; each comes with specific rules and paperwork. Here's a simple guide to help you understand them:
Types of Property Transactions
Sale Deed
A sale deed is a document that records a property's ownership.It proves the buyer owns the property and has legal rights to it. The property should be free from legal disputes or issues.
Gift Deed
A gift deed transfers property ownership as a gift, with no money involved. The recipient becomes the owner, and the giver gives up all rights to the property. The giver must own the property and must give it voluntarily, without pressure.
Mortgage Deed
It is used when a property is provided as security for a loan. The borrower must own the property and agree to the mortgage terms.
Rights and Responsibilities of Buyers and Sellers
Buyers
Rights: Buyers have the right to know the property details, which include clear titles and accurate condition details. They also have the right to know the legal status of the property and its registration under their name.
Responsibilities: The buyers are responsible for verifying the seller's ownership and legal status of the property.
Sellers
Rights:
Sellers are entitled to receive the agreed payment for the property and can expect the buyer to meet their responsibilities as outlined in the sale deed.
Responsibilities
Sellers are responsible for providing accurate information about the property, including disclosing any encumbrances, ensuring a clear title, and coordinating with buyers on registration requirements.
For more insights and updates, follow us to stay informed and ahead in your property journey.
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