Can a Non-Himachali Buy Property in Himachal Pradesh?
Buying a property in Himachal is everyone’s dream purchase because of tourism, healthy lifestyle, and beauty. Often, the question confuses the non-residents of Himachal who are buyers and investors if they could buy a property in the beautiful state of Himachal Pradesh. In this write-up, you are going to get all your answers. Buying a property in Himachal Pradesh opens a vast amount of opportunities in terms of real estate also. If you are an investor, you can take benefit of the growing demand in Himachal. The more the demand, the better rate of returns you are going to receive.
Let’s dive in for details on buying a property in Himachal Pradesh:
How about we start with a Yes? After taking permission from the Government under Section-118 of the H.P. Tenancy and Land Reforms Act, 1972, it is possible to go forward with your purchase. If you are a non-Himachali, you cannot buy agricultural land as per section 118 of the Tenancy Act. It is only possible if you have special permission from the State Government.
However, if you want to buy or lease a constructed property in areas that are controlled by municipal corporations, municipal committees, cantonment boards, or notified area committees, then no permission is needed. You can also buy land in the urban areas from Himachal Pradesh Housing and Urban Development Authority or any other government agency without any permission or hassle.
Can you buy an agriculture land if you are a non-resident of Himachal Pradesh?
Everyone wants to have a home in the beautiful hills of Himachal. After all, hilly areas have always attracted people from distant lands owing to the freshness and beauty of the lifestyle they offer. Owning a home in Himachal Pradesh is no less than a dream come true scenario for buyers and investors. People who are non-residents of Himachal Pradesh also have an interest in purchasing agricultural land in the state which is unfortunately not possible.
As per the rules in section 118, the sale of agricultural land has been carefully regulated to protect the rights of the residents of Himachal Pradesh. However, being a non-resident if you intend to buy agricultural land, you have to go through some sort of scrutiny.
Let’s shed some light on this part. If you are a non-agriculturist and intend to buy land, you will have to apply for the purchase of the land which is outside the limits of the municipality. You will also have to state the purpose of buying the land clearing. The purpose of buying the land could be many things such as setting up an educational institute, industrial unit, or tourism.
Then the government role comes into the picture which will decide on the request within a certain period. If the government is satisfied with the purpose of buying the land and your ability to carry out the project, then permission is granted.
Notably, you can buy land of up to 4 acres for agricultural purposes, up to 500 square meters for residential purposes, and up to 300 square meters for commercial purposes.
Let’s give the whole scenario another look
1. A non-Himachali cannot buy agricultural land. Since the economy of the state is agricultural/ horticultural driven, Himachal Pradesh has certain provisions under which non-Himachal residents and non-Himachal agriculturists cannot buy agricultural land in Himachal.
2. Special permissions are granted by the Govt. to outsiders who intend to buy land in Himachal Pradesh. Outsiders can however buy land that is not being used for any agricultural purpose. However to buy land they would first require a prior permission from the State Government.
3. Non-Himachali does not need any special permission to buy or lease constructed property, flat, etc. Anyone who is a citizen of India can freely buy any constructed property in the state. Having said that, one can buy or acquire the property only in urban areas and not in rural or agricultural areas.
4. Ownership of a non-Himachali’s property would be limited only to the constructed area and the land on which this property is built will not be in his ownership.
How to get land on lease in Himachal Pradesh?
As per the latest amendments to the Himachal Pradesh Lease Rules, 2013, it has become an easy step to follow for people who are Non-Himachalis to make an investment in the state. According to sources, following this investors would simply have to apply for the required land for allotment followed by other formalities to be done later.
For detailed information, contact Estate Drive team which will guide you thoroughly.
FAQ
What is the implication of Section-118 of H.P. Tenancy and Land Reforms Act, 1972 with reference to apartments?
Transfer of land to non-agriculturist is barred under Section-118 under which the following steps are involved:-
• Essentiality Certificate.
• Permission under Section-118 required for purchase of land.• Permission for selling the apartments under Section-118 to non-agriculturist Himachalis and Non-Himachalis.
• Permission required for purchasing the apartments or plots by Non-Himachali or a non-agriculturist Himachali.
Can a non-Himachali or a non-agriculturist Himachali buy an apartment or plot in H.P.?
Yes, after taking permission from the Government under Section-118 of H.P. Tenancy and Land Reforms Act, 1972
What is the truth of Section 118?
Section 118 does not put an absolute ban on the sale and purchase of land and property in Himachal. It restricts the transfer of land to a person who is not an agriculturalist of the state, including even the non-agriculturalists of the state. Section 118, however, has provisions through which, with the approval of the government, one can buy both land and property in the state.
What are the permissions required?
There’s no permission required to buy/lease a built-up property in the area falling within a municipal corporation, municipal committee, notified area committee, and cantonment boards.
One can also buy land/plots in the urban areas from the Himachal Pradesh Housing and Urban Development Authority and other government agencies. Again, no permission is required here either.
Buying land outside municipal limits, a non-agriculturalist needs to apply, state the purpose for which he wants to buy the land, and the government takes a decision on his request within a set time frame.
Are permissions denied?
Permissions are not denied generally at the secretariat and Cabinet-level. But many applications are rejected at the entry-level (DC office), where they are scrutinized for documents and NOCs.
Conclusion
Being a non-resident of Himachal Pradesh, whether you can buy or lease land in the state is clearly outlined in this write-up. We request you to go through the information. However, if you have any doubts, get in touch with Estate Drive team for further assistance.
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