What is FSI? Impact on GST for Mumbai Real Estate

What is FSI? Impact on GST for Mumbai Real Estate

What is FSI? Impact on GST for Mumbai Real Estate

What is FSI?
FSI (Floor Space Index) is a critical parameter in real estate development, representing the ratio of the total built-up area to the size of the plot. For example, an FSI of 2 means that the total built-up area can be twice the size of the plot. FSI determines how much construction is permissible on a piece of land and is governed by local development control regulations.


Importance of FSI
FSI is a cornerstone of urban planning, influencing land utilization, skyline aesthetics, population density, and the infrastructure load of a city. For developers, it directly impacts project feasibility and profitability. Higher FSI allows more construction, enabling higher revenue potential, but it also requires robust infrastructure support to handle increased population density.


Cost of FSI in Projects
FSI constitutes a significant portion of real estate project costs. Developers pay premium charges to local authorities for acquiring additional FSI beyond the base limit, especially in metropolitan areas like Mumbai. These costs vary based on location, plot size, and prevailing market rates. Adding 18% GST to these charges, as proposed, would inflate project costs and housing prices significantly.


How is FSI Calculated?
FSI is calculated using the formula:
FSI = Total Built-Up Area / Plot Area
For instance, if a plot is 1,000 sq. ft. with an allowable FSI of 2, the developer can construct 2,000 sq. ft. of built-up area. Local regulations, zoning laws, and the type of development (residential, commercial, or mixed-use) govern FSI limits.


Relevance of FSI in Mumbai's Property Market
Mumbai, being one of the most densely populated cities in the world, has stringent FSI regulations to balance growth and infrastructure. Developers frequently purchase additional FSI to maximize land usage, especially in prime locations. The cost and availability of FSI significantly influence property prices, affordability, and urban development in the city.

Mumbai's real estate market is already burdened by high land costs and limited supply. Any increase in FSI-related expenses, like the proposed GST on FSI and additional FSI premiums, will directly impact the affordability of housing and the financial viability of projects.


Developers' Concerns on FSI and GST
The proposal to impose an 18% GST on FSI and additional FSI charges has drawn criticism from the real estate sector. CREDAI (Confederation of Real Estate Developers' Associations of India) has raised the following concerns:

  1. Increased Housing Costs:
    Developers estimate that this move could raise housing prices by 7-10%, adversely affecting affordability and demand, particularly in the affordable housing segment.

  2. Economic Viability:
    Additional taxation would increase the financial burden on developers, potentially stalling projects and jeopardizing the "Housing for All" initiative.

  3. Double Taxation and ITC Issues:
    Developers are already excluded from claiming Input Tax Credit (ITC) on GST for other project-related expenses. Adding GST on FSI charges would lead to double taxation.

  4. Legal Exemption Claims:
    CREDAI argues that FSI charges fall under functions of urban planning outlined in Article 243W of the Constitution, which exempts such services from GST.

  5. Retrospective Tax Concerns:
    Imposing GST retrospectively could destabilize project finances, delay possession timelines, and discourage investment.


Impact on the Mumbai Property Market
In a high-demand market like Mumbai, additional costs on FSI could result in:

  • Increased property prices, making housing unaffordable for middle-class buyers.
  • Slower development cycles as developers reassess project feasibility.
  • A potential decline in supply, further exacerbating the housing shortage.

CREDAI's Proposal to the Government
CREDAI has urged the government to reconsider and exempt FSI and additional FSI charges from GST. They argue that keeping FSI charges outside the scope of taxability is essential to maintain housing affordability and meet urban development goals. Failure to do so may lead to adverse ripple effects on the housing sector and the broader economy.

The decision of the 55th GST Council meeting will be pivotal in shaping the future of real estate development, especially in markets like Mumbai where FSI dynamics are central to the industry.

 
About the author
Sandeep Sadh

About Sandeep Sadh

Sandeep Sadh has been in the real estate business since 1993 in Mumbai. He has expertise in Buying, Selling, Leasing properties in Mumbai and a deep understanding of legal and tax related matters due to his experience.

Summary

Over the years, he has experienced the City's growth. He has been a columnist in the Times of India with numerous articles, which bring about a clear picture of the real estate market in Mumbai. He is a regular on NDTV, CNBC, ET Now Real Estate and Zee News, giving his experienced quotes as and when required.

Sandeep Sadh has used information and technology since the year 1998 and now what people call it Prop Tech to cater to the needs of Home Buyer, Seller, Investor and Corporates, HNI and NRI looking to Buy/Sell or Lease their properties in the Mumbai Property Market.

Sandeep has a holistic experience of real estate be it Leasing an Apartment for your CEO in the most upmarket buildings, to enter into a long lease for your office in Mumbai in prime buildings or an Investment in good projects with a detailed analysis keeping in mind the Demand and Supply and other micro factors of the project/property.

Sandeep Sadh has developed a few websites like www.mumbaipropertyexchange.com, www.realestatemumbai.com, www.propi.in which augment the real estate consulting business.

Right from Investments in Primary Markets to Selling, leasing and specializing for NRI’s all over the world. He is an expert in NRI Home Buying and Selling and has a good understanding of the Income Tax laws pertaining to Selling a Property and Repatriating funds overseas or reinvesting based on Capital Gains etc.

Experience

  • Residential Leasing
  • Commercial Leasing
  • Residential Home Buying
  • Commercial Property Buying
  • Investment Properties with complete Property Management as your Real Estate Family office

While transacting in the above segments, he has complete experience and deep understanding of the paper work, his areas of expertise are :

  1. Drafting of the Leave and License Agreements
  2. MOU for Buying/Selling Properties
  3. Drafting Agreement for Sale
  4. Gift Deeds
  5. Computing of Capital Gains with current ready reckoner values
  6. Drafting of Supporting Power of Attorney.

As an add on Service, Sandeep Sadh has tied up with various Professionals like Lawyers and Chartered Accountants who add value in transacting and specially services for Non Resident Indians.

Application to Income Tax for Lower Tax Deduction Certificate – Through a qualified CA and keeping a grip on the traction so that the remittance back to Non Resident Indians after Selling the property is seamlessly transferred.

You can connect with Sandeep Sadh on ssadh@mumbaipropertyexchange.com

LinkedIn - https://www.linkedin.com/in/sandeepsadhmpe/