Getting you a commercial property means having to invest a lot more even after buying it to get the business started. Buying commercial property needs a lot of consideration and lookouts. It is one of the major decisions that require careful planning and research.
If you are looking to buy legal property anywhere in India, you can have it in Faridabad. Omaxe World Street Faridabad has many options that may suit your business needs.
Before directly jumping to the legal considerations, there are a few things that must be remembered and understood.
- Make sure to analyze the neighborhood when buying a commercial property. It must fit into the well-connected locality with the required amenities that can result in higher rent and better capital appreciation.
- Make sure that you are aware of all the associated costs with the commercial property. The cost is associated with buying as well as maintaining the property.
- Keep in mind that tax and laws can change and you are aware of the latest tax benefits offered by the government when you decide to buy any property.
- Read and understand the plans of the area and if the government is planning to make a flyover or a metro station as it will result in a drop in demand for that area.
Though there are so many legal considerations when buying a commercial property in Faridabad
Here are some of the legal things that must be taken into account.
1. Tenure (Freehold Or Leasehold)
This is the first thing that must be asked of your lawyer before getting into a commercial property. Both types of tenure come with a lot of risk as well as reward. There must be proper due diligence, which reveals the potential issues like any restrictions or obligations to the landlord. It gets to know if there is any financial contribution towards the un-keep of the property and whether consent will be required.
If you are investing in a new commercial property in Faridabad, make sure that you get the proper notice regarding the tenants before it is placed in the open market.
Tenants are a huge factor that must be taken into consideration when buying a commercial property. You must be aware of the tenants’ rights under leases or licenses and it is important to familiarize yourself with the Landlord and Tenant Act 1954. You should also be familiarized with the rent review provisions, Tenant and Landlord repairing obligations, rent payment dates, and break clauses to your purchase.
It is the arrangement between the owner and the occupant of the property. If the property is leased or rented to a third party, the buyer must check the terms and conditions of any rental agreement such as duration, rent amount, termination clause, security deposit, etc.
When buying a commercial property, it is best to always get a free estimate from your Lawyer. Fee estimates are prepared on the information given to you that includes a breakdown of legal fees, the Land Registry fee, a stamp duty calculation plus any other costs that are anticipated.
The buyer needs to be prepared when it comes to investing in property, that there may be extra costs involved so it is crucial to ensure that you can afford to cover these costs too.
Cost also includes the hidden charges that arise from the maintenance and operation of the property. It includes property taxes, utility bills, service charges, insurance premiums as well as repair expenses.
The buyer must know these hidden charges and must negotiate them with the seller before finalizing the deal. The buyer should also get a no-objection certificate from the seller that states all the statutory payments and dues.
4. Deal Structure
Other than these, there are many legal aspects to consider before signing a contract and taking possession of the property.
Some more major legal considerations are
The title of any property is the legal document that proves ownership and history of the property. There is a legal title insurance policy that can help protect the buyer from any potential risks or losses arising from title issues.
- Approval Plan
This is the document that shows the permission and approval of relevant authorities for the construction and design of the building. To have any commercial property in Faridabad, it is essential to verify that the approval plan is sanctioned by the municipal or cooperation authorities. It complies with the building codes, zoning regulations, and environmental laws.
A property owner must be requested to provide the approval plan beforehand to check for any discrepancies or violations.
- Sales Deed
It is the document that keeps the record of the actual transfer of ownership of the property from the seller to the buyer. It is important to ensure that the sales deed is executed with the presence of witnesses registered with the sub-registrar and is stamped too.
The sales deed includes all the terms and conditions of the sales like price, payment mode, and possession date and warranties.
- Tax Implications
These are the consequences of the purchase and ownership of the properties on the income and wealth of the buyer. The buyer should be aware of the taxes that apply to the transactions such as stamp duty, registration fee, capital gains tax, property tax, and goods and service tax.
Before buying commercial property in Faridabad, the buyer must consider a tax advisor or an accountant to understand the tax benefits and liabilities of owning commercial properties.
One of the important things to keep in consideration for any new commercial projects in Faridabad is to know the structure of your deal. Whatever and wherever you are buying, be aware of all the issues concerning your property and due diligence checks are critical before committing to exchange.
Buying a commercial property is rewarding as well as profitable if done with due diligence and caution. Above are some of the main legal considerations when buying a commercial property in Faridabad. Omaxe World Street Faridabad is considered the top option for property investment. If all the above factors are taken into utmost consideration, there will be no chance of abnormality.