• How will property tax be charged on Jodi flats in Mumbai

Many developers are offering Jodi flats in Mumbai. Such flats are registered as two separate entities.
Homebuyers purchase such under-construction flats with intention of combining them, even builder promise to do modifications (without any structural changes and any safety concerns). In such case- 
(1) Presently in Mumbai, flat with less than 500 Sq feet carpet area, property tax is exempted, but if 
combined area is more that 5oo sq feet, how BMC will charge Property tax for such individual units with less than 500 Sq feet carpet area?
(2) It understands that Jodi flats (combined internally for better use) are legal if permission is taken from BMC by submitting revised plans during construction, or Permission from society is obtained (if society formed). It is expected that developer will obtain necessary approvals during constructions. Society may or may not give permission and it may be difficult to get BMC approval individually. In this regard, do developer clearly mention Jodi Flat in agreement with intended changes in plan? Any rule is there to safeguard buyers to make changes legally?
Asked 1 year ago in Property Law
Religion: Hindu

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6 Answers

A Jodi flat, sometimes referred to as a "combined" or "paired" flat, is a residential unit that combines two or more adjacent apartments into a single living space. Jodi flats, as the name suggests, are a distinctive housing option where two adjacent apartments are merged to create a more expansive and unified living space.

However, though the two flats are merged, property tax etc will be charged by the authorities on both apartments, depending on the size of the apartments.

"In simple words, merging of two flats is possible and it is legally permissible. However, who needs to go and seek permission from the BMC depending on project to project. In case, it is a new project and the home buyer is going to move into a jodi apartment, the home buyer should ask the developer to take all the permission.

If it is an old society, the homeowner will require a no objection certificate (NOC) from the housing society. If the society is not formed, an NOC might be required from the developer. Additionally, a certificate from the structural auditor that the merging of two or more flats will not affect the structural stability of the building is needed."

T Kalaiselvan
Advocate, Vellore
89981 Answers
2492 Consultations

Dear client, as jodi flats are considered as a single individual unit, if they are above 500 Sq. feet combined then the municipal corporation can levy property tax. If the plan stipulates the flats as 2 units then it will be taxed accordingly.

When building jodi flats, homebuyers should request that the developer obtain all necessary permissions before requesting an occupancy certificate (OC). Otherwise, he will have to seek these on his own after receiving the OC. However, if it is an old society, the homeowner must obtain a no objection certificate (NOC) from the housing society. If the society does not form, the developer will be required to provide a NOC. A certificate from a licenced structural engineer stating that the merger of two or more flats will not have an impact on the building's structural stability will also be required.

One can mention in the agreement regarding the jodi flats and the agreements are governed by Contracts law and RERA act.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

It will be charged on individual flats

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

You will be charged property tax for each flat separately if as per sanctioned plans they are shown as 2 separate flats 

 

2) society may give permission for joining 2 flats but you will have to pay separate property taxes ,maintenance for each flat if as per plans they are shown as 2 flats 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

- If the building sanctioned Plan is showing two flats , then you will have to pay property taxes for two units and even the maintenance of the society. 

- However, if the builder is ready to give Jodi flats , then after entering into contact with the builder , you can apply before the BMC for getting permission of the same , and to consider the jodi flats as one unit. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If the flats reflect as Jodi in the building plans then it should be counted as 1 unit or flat 

However if the flats are combined and do not reflect as such in the building plans then they will be assessed to tax as individual flats only , which means if the carpet area of one flat is under 500 Sq.ft., then it will be exempt from property tax 

So it all depends what the builder has shown in the building plans as submitted to the local body as regards the 2 flats 

Also if the flats are registered separately , then even if they are combined , they would still remain independent flats only 

Also I don't think the flats can be registered as a single unit since unless the building plans are amended , they will continue to remain as separate flats only 

And even if somehow the registration is done for both the flats as Jodi,  then you need to keep one thing in mind, that is, in future whenever you want to sell, you will have to sell both the flats together,  and you won't be able to sell separately 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

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