---
title: "New GST on Under Construction Property 2026: 5% Rate on Flats"
description: "New GST rate on under-construction homes in 2026 is 5% on all residential flat purchases. Stay GST-compliant with Busy and apply the correct rate automatically."
canonical: "https://busy.in/gst-rates/under-construction-property/"
author: "Hitesh Aggarwal"
published: "2025-05-15T10:51:04.000Z"
category: "GST Rates"
---

-   GST applies to under-construction properties, but not after a Completion or Occupancy Certificate is issued.
-   The new GST rates are 1% for affordable housing and 5% for other residential flats under construction.
-   Ready-to-move-in flats with an Occupancy Certificate have a 0% GST rate.
-   Commercial properties under construction have a 12% GST rate with Input Tax Credit available.
-   Mixed-use buildings have different GST rates: 1% or 5% for residential and 12% for commercial parts.

# New GST on Under Construction Property: What Buyers Should Know

If you’re planning to buy a house or office space that’s still being built, it’s important to understand how GST affects the final cost. This blog will simplify everything about **gst on under construction property**, including how rates vary for different types of projects.

## Is GST Applicable on Under Construction Property?

Yes. GST is applicable when you purchase a flat, apartment, or commercial space that is still under construction. The GST is calculated on the sale value of the property (excluding land cost).

Once the building is complete and the builder obtains a Completion Certificate (CC) or Occupancy Certificate (OC), no GST is charged on the sale.

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## New GST Rate on Construction Property in India

The Government of India is updating GST rates effective after **22 Sep 2025**. Below are the **expected new GST rates** for Construction Property and related outerwear (no compensation cess).

| Type of Property | New GST Rate | Input Tax Credit (ITC) |
| --- | --- | --- |
| Affordable housing (under construction) | 1% | Not available |
| Other residential flats (under construction) | 5% | Not available |
| Ready-to-move-in flats (with OC) | 0% | Not applicable |

## GST Rates for Residential Property

| Type of Property | Old GST Rate | Input Tax Credit (ITC) |
| --- | --- | --- |
| Affordable housing (under construction) | 1% | Not available |
| Other residential flats (under construction) | 5% | Not available |
| Ready-to-move-in flats (with OC) | 0% | Not applicable |

**Criteria for Affordable Housing:**

-   Carpet area: up to 60 sq. m. in metro cities or 90 sq. m. in non-metros
-   Property value: up to ₹45 lakhs

This means **gst for under construction flat** is 1% if it qualifies as affordable housing, and 5% otherwise.

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## GST on Apartments Under Construction

All types of apartments—whether luxury or budget—are covered under GST when sold before completion. The **gst on apartments under construction** is:

-   5% for standard units
-   1% for affordable units

The builder cannot claim  [**Input Tax Credit (ITC)**](https://busy.in/gst/what-expenses-can-be-claimed-as-itc/)  under the new GST regime (post-April 2019). So, all project-related GST costs are absorbed in the base selling price.

## Old GST on Commercial Property Under Construction

### (Old GST Rates – Applicable Until 21st September)

For commercial properties like offices, shops, or retail units under construction, the applicable GST rate is:

-   **12% with Input Tax Credit**

This applies to:

-   Commercial buildings
-   Business parks
-   Co-working spaces
-   Under construction malls or showrooms

So, the **gst on commercial property under construction** is higher, but allows ITC claims, which can benefit businesses in the long run.

## GST on Under Construction Buildings (Mixed Projects)

Builders working on mixed-use buildings—for example, residential towers with retail shops on the ground floor—must apply different GST rates:

-   **Residential portion:** 1% or 5% (based on classification)
-   **Commercial portion:** 12% with ITC

Correct documentation and bifurcation in invoicing are essential to ensure GST is applied properly to each unit.

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## When is GST Not Applicable?

You won’t pay GST if:

-   You buy a completed property after the Occupancy/Completion Certificate is issued
-   You buy land (GST does not apply to land sales)
-   You purchase from a seller who is not a builder (resale property)

## Conclusion

Understanding the **gst on under construction property** helps you calculate the actual cost of your dream home or office space. Always check the builder’s GST registration and ensure you receive a valid invoice to stay fully compliant.

## About the author

**Hitesh Aggarwal**

As a Chartered Accountant with over 12 years of experience, I am not only skilled in my profession but also passionate about writing. I specialize in producing insightful content on topics like GST, accounts payable, and income tax, confidently delivering valuable information that engages and informs my audience.

## Frequently asked questions

### Is GST charged on all under-construction flats?

Yes. GST for under construction flat is charged at **1%** (affordable) or **5%** (others).

### What is the GST on under construction buildings with shops and flats?

Residential units attract **1%/5%**, and shops attract **12%** GST with ITC.

### Can I claim ITC if I buy a flat under construction?

No. Buyers cannot claim Input Tax Credit on under-construction flats post-April 2019.

### What is the GST on commercial property under construction?

It is **12%** with ITC available.

### Is GST applicable on resale flats or ready-to-move-in homes?

No. If the property has a Completion Certificate, GST is not applicable.

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