What precautions should be taken before and after buying commercial land
Before buying property, understand key due diligence steps including zoning laws, title searches, environmental assessments, and securing your investment post-purchase. Protect your asset with comprehensive insurance . What precautions should be taken before and after buying commercial land
ALL LANDS
Rajesh Kumar
1/28/20263 min read
My dear friends, Purchasing commercial land is a major investment, so due diligence is more important than rushing into it. To ensure your hard-earned money is protected, be sure to follow the following precautions:-
1. Closely examine legal documents
First, ensure that the land ownership is clear.
Title Deed: Ensure the land is in the seller's name and that they are authorized to sell it.
Encumbrance Certificate: Check records for the past 15-30 years to determine if there are any loans or legal disputes on the land.
Conversion Certificate: Has the land been converted from agricultural land to commercial land? Without Land Use Conversion, doing business there will be illegal.
2. Location and Connectivity
The success of a business depends entirely on its location:
Accessibility: Can trucks, tempos, or customer vehicles easily reach it?
Future Development: Is there a new highway, metro station, or major project coming up nearby? This will increase both the land's value and business.
Infrastructure: Check the power load, water availability, and drainage system.
3. Government Regulations and Zoning Laws
Every land has a master plan.
FSI (Floor Space Index): Check how many floors or how large a building can be built on that land.
Setback Rules: Check with the local development authority (e.g., DDA, JDA, MDA) about the distance you must leave from the road.
4. Physical Verification
Don't rely solely on paper; visit the site to verify:
Demarcation: Check that the land boundaries are correct.
Soil Quality: The soil must be strong enough to support heavy machinery or tall buildings.
Encroachment: Check that the land is not illegally occupied or occupied by old slums.
5. Financial and Tax Aspects
Tax Receipts: Ask for property tax receipts from the past few years.
Hidden Costs: Calculate development charges in addition to registration fees, stamp duty, and brokerage.
Pro Tip: Always obtain a 'Legal Due Diligence' report from a good property lawyer. This small expense could save you from future losses worth lakhs.
Here's a list of precautions you should take after purchasing:
1. Immediate Legal Formalities (Post-Purchase Paperwork)
A sale deed alone isn't enough; get these documents in order immediately:
Mutation: Immediately after purchasing the land, get a mutation registered in your name at the Revenue Office (Tehsil/Revenue Office). This makes you the official owner in government records.
Check the Lease/Conversion: Ensure the land is listed as commercial. If it was agricultural land, obtain a CLU (Change of Land Use) certificate.
New Khasra-Khatauni: Obtain a copy of the new Khatauni or Jamabandi in your name after the mutation.
2. Physical Possession and Security
Your ownership of the land must be documented and documented:
Demarcation: Have a government surveyor or patwari accurately measure the land and mark all four corners.
Boundary Wall: Immediately erect barbed wire or a concrete wall to prevent encroachment.
Place a sign: Put up a sign on the land stating "This property belongs to [your name/company]" and "Not for Sale." Also include your contact number.
3. No-Objection Certificates (NOCs) and Permissions
If you plan to build or start a business there, take these steps:
Electricity and Water: Apply for a commercial electricity and water connection in your name.
Fire and Safety: Obtain an NOC from the Fire Department and Pollution Control Board (if required) before constructing a building.
Local Authority: Get the map approved from the Municipal Corporation or Development Authority (LDA, GDA, etc.).
4. Financial and Records Management
Property Tax: Register your property with the Municipal Corporation and start paying taxes on time. Receipts provide solid proof of ownership.
Safe Document Storage: Keep the sale deed, mutation copy, and chain deed of previous owners in a secure locker.
5. Vigilance
Regular Visits: Visit your land regularly. Vacant commercial land often faces problems of illegal encroachment or parking.
Contact with Neighbors: Build good relationships with nearby shopkeepers or landowners so they can inform you of any suspicious activity.
Pro tip: Always check if there are any old dues (like electricity bills or government loans) on the land, as these liabilities often fall on the new owner after the registration.