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Two buyers got a flat from the same builder in the same month. One signs for a flat that got its occupancy certificate last week. The other books an identical unit in the tower, still under construction.
The first buyer had no GST.
Second: 5% on two-thirds of the agreed price.
Same product, different timing, and thousands of rupees difference. That is GST on real estate.
| Property Type | GST Rate | ITC Available? |
| Affordable housing (under construction) | 1% | No |
| Other residential (under construction) | 5% | No |
| Commercial property (under construction) | 12% | Yes |
| Ready-to-move-in residential | 0% (Exempt) | N/A |
| Resale property | 0% (Exempt) | N/A |
| Land purchase | 0% (Exempt) | N/A |
| Renting/leasing commercial property | 18% | Yes |
Affordable housing definition: carpet area up to 60 sq.m. in metro cities (Delhi-NCR, Mumbai, Bengaluru, Chennai, Hyderabad, Kolkata) or up to 90 sq.m. in non-metro cities, and agreement value up to Rs. 45 lakh.
Post-September 2025: Cement is down from 28% to 18%. Fly ash bricks, marble went from from 12% to 5% and developer input cost reduction of 3-5%, with potential buyer pass-through.
GST or Goods and Services Tax on real estate applies to under-construction properties only. Completion Certificate or Occupancy Certificate received: the transaction becomes a sale of immovable property, outside the GST scope.
GST Act treats an under-construction flat as a works contract, construction combined with property transfer. Taxable. Completed property is not under this regulation. GST does not replace stamp duty. Both apply to under-construction purchases.
| Buyers | Developers | Commercial |
| GST added to the base price through the payment schedule. Calculated on 2/3rd of the agreement value (1/3rd assumed to be land, exempt). GST on a Rs. 60 lakh flat at 5%: Rs. 2 lakh, not Rs. 3 lakh. | The new regime (April 2019 onward) is 1% or 5% without ITC. Input GST on cement, steel, and labour absorbed in the base price. | 12% with ITC. GST-registered buyers can claim ITC on that 12%, reducing the effective acquisition cost. |
No GST in the budget is wrong.
Rs. 80 lakh under-construction: 5% on 2/3rd adds Rs. 2.67 lakh through the payment schedule.
For Commercial: ITC claimable on 12% if GST-registered with a business purpose.
Old 12% regime projects still running: different rate, different implications.
Land component is excluded from GST. The government assumes 1/3rd of the agreement value is land. GST applies to the remaining 2/3rd.
Example: Rs. 75 lakh non-affordable flat
Taxable value: Rs. 75L × 2/3 = Rs. 50L. GST @ 5% = Rs. 2.5 lakh.
Total: Rs. 77.5 lakh (plus stamp duty).
Example: Rs. 40 lakh affordable flat
Taxable value: Rs. 26.67L. GST @ 1% = Rs. 26,670.
Example: Rs. 1 crore office unit
Taxable: Rs. 66.67L. GST @ 12% = Rs. 8 lakh.
Registered buyer claims Rs. 8L as ITC.
Property purchase involves developer invoice, stamp duty, and GST computation, often incorrectly. A platform that shows GST applicability by project status, carpet area against affordable housing criteria, and taxable value after land deduction helps buyers verify before signing.
Commercial investors: ITC tracking from purchase to output liability documentation.
| March 2019 | April 2019 | September 2025 | 2025 |
| Rates revised to 5% (without ITC) and 1% affordable (without ITC). Current residential regime. | Mandatory for new projects. Old regime continued for ongoing projects by option. | Cement 28% → 18%. Building materials 12% → 5%. Developer input cost reductions. | RERA-GSTN database linkage for buyer compliance verification. |
Residential (1% or 5%): ITC not available for buyers or developers.
Commercial (GST-registered buyers): ITC on 12% GST, valid invoice, active developer GSTIN, business purpose, claimed in GSTR-3B.
Old 12% regime: Developers claimed ITC and were expected to pass it to buyers. Not all did.
Reality: No, OC or CC received: exempt. Certificate date matters, not possession date.
Reality: No, both apply simultaneously on under-construction purchases.
Reality: No, Current 5% regime: buyers cannot claim. Old 12% regime: only developers could.
Reality: No, GST on 2/3rd after the 1/3rd land deduction.
Under construction is 5% or 1% on 2/3rd of agreement value, no ITC for residential buyers. Ready-to-move and resale is zero. Whereas, commercial is 12% with ITC. September 2025 input cost reductions on cement and materials should flow through to buyers as lower base prices over time. The certificate is the line. Before it was taxable but now it’s not.
Developers: compliance, valid invoice issuance, ITC eligibility on commercial projects. Commercial buyers (GST-registered): ITC on 12% GST paid, reducing effective acquisition cost.
5% on 2/3rd = ~3.3% effective on full agreement value. Affordable: ~0.67%. Developer-absorbed input GST is embedded in base price. September 2025 cost reductions may compress it.
Property that received CC before possession: refund application can be filed. Cancellations where GST was overpaid refund via developer or GST portal.
Non-remittance by developer is 18% interest plus Section 73/74 demand. Late filing will include Rs. 50/day. Wrongful ITC can be demand plus up to 100% penalty. Paying GST to unregistered developer is neither recourse nor credit.
Developer includes GST registration, builder agreement, land/construction cost breakup, tax invoice per payment milestone. Buyer should have PAN, valid developer invoice.
No, resale is transfer of immovable property, outside GST scope. Stamp duty and registration apply.
Developers can check update on GST portal under registered taxpayer. Address, project details, and turnover thresholds must be current. New projects crossing Rs. 20 lakh thresholds require fresh registration.
GST portal for circulars and rate notifications. RERA state portals for project compliance status. Ministry of Finance website for GST Council meeting summaries after each session.
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