New GST on Under Construction Property: What Buyers Should Know

Updated: Sep 18, 2026 10 min read Hitesh Aggarwal Add as preferred source
Quick Summary
  • The gst on commercial property under construction is generally 12% with eligible Input Tax Credit (ITC), subject to applicable GST provisions and project classification.
  • The gst on under construction commercial property depends on the type of project and applicable GST rules. Commercial properties supplied before completion certificate generally attract GST.
  • GST applies to under-construction properties, but completed properties with a Completion Certificate or Occupancy Certificate issued are generally outside the scope of GST.
  • GST rates for residential flats under construction are 1% for affordable housing and 5% for other residential apartments, subject to applicable conditions.
  • Mixed-use projects may have different GST rates depending on the residential and commercial components and applicable GST classification.

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.

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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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GST Rates for Residential Property

Type of Property

Affordable housing (under construction)

GST Rate From 22 Sep 2025

1%

Rate Before 22 Sep 2025

1%

Input Tax Credit (ITC)

Not available

Type of Property

Other residential flats (under construction)

GST Rate From 22 Sep 2025

5%

Rate Before 22 Sep 2025

5%

Input Tax Credit (ITC)

Not available

Type of Property

Ready-to-move-in flats (with OC)

GST Rate From 22 Sep 2025

Outside GST scope

Rate Before 22 Sep 2025

Outside GST scope

Input Tax Credit (ITC)

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)  under the new GST regime (post-April 2019). So, all project-related GST costs are absorbed in the base selling price.

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.

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Frequently Asked Questions

Clear answers to common queries about this topic.

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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Hitesh Aggarwal

Chartered Accountant

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.

MRN: 529770 Delhi