GSTR 9 Annual Return: Eligibility, Due date and Filing guide
09 Jan, 2026
By Online Legal India
Published On 09 Jan 2026
Category GST
GST on real estate is a topic of confusion for many. GST or Goods and Services Tax is an indirect tax. It is levied on the supply of goods and services in India. In the case of real estate, GST has reshaped the functioning of the property market.
Are you a property buyer? Are you a developer? Or are you just a reader on this page?
Understanding GST on real estate helps you to make informed decisions. Sounds interesting? Then please give us a moment. In this blog, I will tell you everything you need to know about GST on real estate. You will learn what it is, why it matters and how it affects the stakeholders.
Let’s read together.
Before telling you about GST rates on real estate in India, you need to know what GST is. GST refers to the Goods and Services Tax in India. As I mentioned earlier, it is an indirect tax.
Furthermore, GST has replaced various indirect taxes in India. Do you know what these taxes are?
These include excise duty, VAT, services tax and so on.
On 29th March 2017, the GST tax Act was passed in the parliament. It came into effect from 1st July 2017.
GST on real estate refers to the GST rates levied on buying property. To make it simpler for you:
Residential properties:
Are you planning to buy a house? Flat? Or a property? This is what you need to know about GST on real estate:
(i) For residence, the rate is currently set as as 5%. You need to remember that it is not under the affordable housing category
(ii) Are you opting for commercial properties? The GST rate on real estate is 12% with full ITC.
Remember that these rates help to reduce the tax burdens.
Moreover, it helps to bring clarity in the real estate sector for home buyers.
Since I told you earlier about non-affordable housing, now let me tell you about the affordable housing rate.
(Special rates)
Affordable properties:
Do you know why this category exists?
To promote affordable housing for all, the special GST rates in this sector.
Thinking about the criteria for GST on real estate? Here is what it is:
Do you know the reason behind this concessional rate? It is designed to make housing more accessible. Especially for the low-income families. Besides, it helps in boosting the housing sector’s growth.
If you are a buyer, paying GST on real estate helps to ensure:
Pre-GST taxes on real estate
Before knowing the GST rate on real estate, let's explore the pre-GST tax rates on real estate.
The table below is simplified for you:
| Tax | Rate | Applies When |
|---|---|---|
| Service Tax | 4.5% | Under-construction purchase |
| VAT | 1–4% | Under-construction property |
| Stamp Duty | 5–7% | Property purchase |
| Registration | 0.5–1% | Registration stage |
Here, I need to tell you this. VAT registration charges and Stamp duty vary by state.
In completed or ready-to-sell properties, VAT wasn’t applied. It used to be under the indirect tax regime.
| Aspect | GST Applies | Rate | ITC |
|---|---|---|---|
| Ready-to-move property | No | Nil | No |
| Under-construction (CLSS) | Yes | 8% | Yes |
| Under-construction (Affordable housing – promoter) | Yes | 1.5% | No |
| Under-construction (Non-affordable, post 29-04-2019) | Yes | 7.5% | No |
| Under-construction (Other cases) | Yes | 12% | Yes |
| Resale property | No | Nil | No |
| Sale of land | No | Nil | No |
| Works contract | Yes | 18% | Yes |
| Works contract (Composite) | Yes | 18% | Yes |
| Composite works – Govt authorities | Yes | 12% | Yes |
| Composite works – Public use | Yes | 12% | Yes |
| Composite works – Affordable housing | Yes | 12% | Yes |
| Works contract (75% earthwork – Govt) | Yes | 18% | Yes |
The rates are taken after cutting the 1/3 amount. It applies to land cost.
If you have read so far, I know what you are probably thinking about. If you are a buyer, how does GST on real estate affect you? Here is how it matters for the buyers:
(i) Earlier, as a buyer had to pay VAT, service tax, registration charges and stamp duty
(ii) VAT, registration charges and stamp duty differ from one state to another
(iii) As a developer, you had to pay CST, OCTROI and customs duty
(iv) Here, the credit was unavailable
Now:
Are you a developer? Are you thinking about how the GST rate on real estate can help you? Here it is simplified for you:
Now:
(i) Under GST, your construction cost is reduced
(ii) GST rates on real estate are reduced due to the ITC on raw materials
(iii) You can get some reduction on logistics costs.
(iv) Finally, you can see improvements in margins
Here, let me be honest with you. There are some demerits of GST on real estate:
But, on the brighter side:
If you have scrolled down this far, I know what you are probably thinking. If you are neither a buyer nor a developer, what about you? How can GST rates on real estate impact you?
I will break it down for you:
Sill felling confused? Have a look at the table below:
| Product | GST |
|---|---|
| Marble / Granite | 18% |
| Paints | 18% |
| Cement | 18% |
| Steel | 18% |
| Sand | 5% |
| Sand / Fly ash / Bricks | 5% (No ITC) or 12% (With ITC) |
Final thoughts
At the end, I would tell you, GST on real estate has simplified the tax structure. It gives transparency to the real estate sector. In contrast, it increases the cost for home buyers (under construction properties).
If you are planning to buy a property, it is important for you to understand the GST rates on real estate. So, stay informed and make decisions. It will be beneficial for you. If you need any assistance connect with Online Legal India.
FAQs
1. Does GST on real estate apply to ready to move in properties?
No, GST GST does not apply to ready-to-move or completed properties. It is only applicable to under-construction properties.
2. Can you tell me the current GST rate on real estate for affordable housing?
The GST rate on affordable housing is 1% without ITC (introduced and effective from 1 April 2019)
3. How do GST rates on real estate impact property prices?
The GST rates on real estate might increase or decrease prices depending on some factors
4. I am a developer. Can I claim GST on input credits?
Yes, as a developer, you can claim GST input credits for taxes. It applies to taxes you pay for services and construction materials.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.