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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.
In Pune, a city known for its bustling energy and rapid development, a unique solution has emerged to address the challenges of land acquisition. With 20 acres of prime land set to be leased out, local authorities are pioneering a new approach to meet the city's growing needs while navigating the complexities of land procurement.
In recent years, Pune has faced significant hurdles in acquiring land for various developmental projects. From bureaucratic red tape to legal disputes and community resistance, the process of acquiring land has often been prolonged and contentious. These challenges have hampered the city's ability to expand infrastructure, housing, and other essential amenities to support its burgeoning population.
However, the decision to lease out 20 acres of prime land represents a departure from traditional methods of land acquisition. Instead of engaging in lengthy negotiations and legal battles, the local government is opting to lease the land to developers and investors for a specified period. This innovative approach not only bypasses the hurdles associated with acquisition but also provides a sustainable solution to meet the city's immediate needs.
The leased land, located in strategic areas of Pune, holds immense potential for development. From commercial complexes and residential projects to green spaces and recreational facilities, the possibilities are endless. By inviting private investment through leasing, the city aims to expedite the development process while ensuring that projects are executed efficiently and sustainably.
Moreover, the lease agreements are designed to prioritize the interests of the community and the environment. Developers and investors will be required to adhere to strict guidelines regarding land use, environmental conservation, and community engagement. This ensures that development projects contribute positively to Pune's social fabric and ecological balance.
Additionally, the lease model offers financial benefits for both the city and investors. While developers gain access to prime land at competitive rates, the city generates revenue through lease payments, which can be reinvested in further development initiatives. This mutually beneficial arrangement fosters collaboration between the public and private sectors, driving inclusive growth and prosperity.
In essence, Pune's decision to lease out prime land reflects a progressive approach to urban development. By embracing innovative solutions and forging partnerships with the private sector, the city is overcoming the challenges of land acquisition while laying the groundwork for a more sustainable and vibrant future. As other cities grapple with similar issues, Pune's example serves as a beacon of inspiration for fostering growth and prosperity through collaboration and innovation.
Maharashtra Government Introduces Vacant Land Tax for Asset Registration
One significant change is the requirement for property owners to submit payment receipts of vacant land tax or property tax for asset registration. This step aims to ensure that property owners fulfill their tax obligations promptly.Moreover, the government has made it mandatory to include the title owner's details in the adangal copy for agricultural land.
The decision to introduce these rules stemmed from observations that many vacant land owners were not paying taxes on time.Furthermore, urban and rural local authorities encountered difficulties in gathering vacant land taxes because they lacked a comprehensive database of property owners.
Local civic bodies and rural authorities have been urging the state government to provide details of land sellers and purchasers immediately after registration. This would facilitate tracking and collection of vacant land tax. However, technical constraints have hindered the government's ability to share this data.
The Maharashtra Government also revamped the property tax system in urban areas by transitioning from the annual rental value (ARV) tax calculation method to the capital value (CV) tax system. This change ensures uniformity in tax imposition on properties based on market value determined by the registration department. The reform aims to prevent irregularities in tax collection by revenue officials in urban civic bodies.
Previously, vacant land tax (VLT) was not mandatory for selling or purchasing property. To address this gap, the government now requires the submission of VLT receipts for the registration of open plots.
These measures underscore the government's commitment to promoting transparency, accountability, and fair taxation in property transactions. By implementing these rules, the Maharashtra Government aims to streamline property registration processes and enhance revenue collection for the welfare of the state.
When you're buying property, whether it's a house or just land, it might seem like they're the same thing, but there are some important differences to know about, especially when it comes to getting a loan. Let's break it down in easy terms.
Similarities:
- Doing Your Homework: Whether you're getting a loan for a home or land, the process is pretty similar. Lenders will check your background and finances before giving you the green light.
- Monthly Payments: Both types of loans usually involve paying a fixed amount every month, called an Equated Monthly Installment (EMI). And if you're applying with someone else, like a spouse, the rules are usually the same for both kinds of loans.
Differences:
- Location and Purpose: Home loans are for when you're buying a house that's already built, one that's being built, or if you're planning to build it yourself. Land loans, on the other hand, are just for buying land where you might want to build a house later.
- How Much You Can Borrow: This is where it gets a bit different. With a home loan, you can usually borrow a bigger percentage of the property's value, somewhere between 75% to 90%. But with a land loan, it's usually capped at 75% to 80% of the land's value.
- How Long You Have to Pay Back: Home loans usually give you a longer time to pay back the money, up to 30 years sometimes. But with land loans, you've got a shorter window, usually around 15 years.
- Tax Breaks: When you're paying back a home loan, you might get some tax benefits, like being able to deduct the interest you pay from your taxes. But with a land loan, you don't usually get those benefits unless you build a house on the land later.
Knowing these distinctions can simplify your decision-making process when deciding whether to secure a loan to purchase a home or acquire land.
Plot loans, also known as land loans, are an essential financial tool for individuals aspiring to own a piece of land. Unlike home loans, which are tailored for purchasing constructed properties, plot loans cater specifically to acquiring land for future construction purposes. Understanding the features, benefits, and eligibility criteria associated with plot loans can empower potential buyers to make informed decisions about their investments.
Features of Plot Loans:
- Loan Tenure: Lenders typically offer repayment periods ranging from 10 to 20 years, considering the borrower's repayment capacity and monthly EMI contributions.
- Loan-to-Value Ratio (LTV): Up to 80% of the plot's value can be financed by the loan, with the final ratio determined by the lender's credit risk assessment. Factors such as the plot's location, market value, and the borrower's credit profile influence this assessment.
- Tax Benefits: While the repayment of principal and interest components of the plot loan itself does not qualify for tax deductions, home loans taken for constructing a residential property on the purchased plot are eligible for tax benefits under Section 24 and 80C of the Income Tax Act.
- Balance Transfer Facility: Borrowers can transfer their outstanding plot loan amount to other lenders at competitive rates, subject to credit risk assessment by the new lender.
- Prepayment Charges and Processing Fees: Processing fees typically range from 0.25% to 1.50% of the loan amount. As per the regulations set by the Reserve Bank of India (RBI), prepayment charges do not apply to floating-rate loans. However, for fixed-rate loans, there is a possibility of these charges being imposed.
Benefits of Taking Plot Loans:
- Purchase of Residential Land: Plot loans enable individuals to acquire land for future residential construction, facilitating long-term investment and asset building.
- Attractive Interest Rates: Lenders often offer competitive interest rates on plot loans, making them an affordable financing option.
- Affordable Repayment Tenures: Flexible repayment periods ensure that borrowers can manage their loan obligations comfortably over time.
- No Pre-payment Penalty: The absence of pre-payment penalties on floating-rate loans allows borrowers to repay their loans ahead of schedule without incurring additional charges.
- Low Processing Fees and Minimal Documentation: Plot loans typically involve minimal paperwork and low processing fees, streamlining the borrowing process for applicants.
- Tax Benefits: Tax deductions on home loans taken for constructing residential properties on the purchased plot offer additional financial incentives for borrowers.
Eligibility Criteria for Plot Loans:
- Resident Indian: Applicants must be Indian residents to qualify for plot loans.
- Salaried or Self-Employed: Both salaried individuals and self-employed professionals are eligible to apply for plot loans.
Age Criteria: Applicants should fall within the age bracket of 18 to 65 years to be considered for loan approval.
The Tukde Bandi Kayda, or Land Holding Act of 2015, prevents the division of land into small pieces in Maharashtra and requires land to be consolidated. This law was enforced by the Maharashtra State Revenue and Stamping Department in July 2021. Earlier, the law did not allow the purchase of land in pieces smaller than 20 guntha. This caused problems for many people, such as difficulties in building homes, accessing roads for farming, and digging wells. However, on March 14, 2024, the government changed the law. Now, it allows the purchase of land in pieces as small as 1 to 5 guntha.
Key Points:
- Previous Restrictions: The law previously restricted the sale of irrigated land less than half an acre and non-irrigated land less than two acres.
- New Amendments: On March 14, 2024, amendments were made to allow easier land sales for specific needs like building homes or creating access roads.
- Permissions: Buyers now need the district collector’s approval, and the land must be used for the stated purpose.
- Farmers can purchase up to five gunthas of land to dig a well, and they must provide a certificate from the Groundwater Survey Department confirming the presence of water in the area.
These changes aim to resolve issues caused by small land parcels left after government projects and make land transactions smoother.
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