Hidden Charges While Buying Property – And How to Legally Avoid Them

Hidden Charges While Buying Property – And How to Legally Avoid Them

Published on: June 7, 2025

Introduction

Buying a property—especially for NRIs or first-time buyers in West Bengal—is often seen as a milestone achievement. However, what’s not visible in glossy brochures and site visits are the hidden charges that can inflate your cost by lakhs. Whether you’re eyeing a premium flat in Salt Lake or an investment property in Durgapur, knowing what lies beneath the surface is crucial to avoid legal and financial pitfalls.

At KHA ADVOCATES, we’ve helped hundreds of clients legally uncover and prevent hidden property costs through rigorous legal due diligence, title search, and registration support.


⚠️ Common Hidden Charges Most Buyers Overlook


1. Legal Scrutiny & Title Due Diligence (Or Lack Thereof)
Builders often charge legal processing fees, but these do not include independent title verification. Many NRIs assume the property is “clear,” only to later face disputes.

Real Case: A buyer in New Town discovered, post-payment, that the property was under litigation despite having paid legal fees to the builder.

✔️ Solution: Always appoint your own property lawyer for due diligence.


2. GST on Under-Construction Property

As per current law, under-construction properties attract 5% GST (without ITC), while ready-to-move flats are exempt if the completion certificate is received.

💡 Tip: Ask for the CC or OC (Occupancy Certificate) to avoid unnecessary tax burdens.


3. Car Parking Charges

Parking isn’t “free.” Many builders in Kolkata and Salt Lake charge ₹2–6 lakhs for open or covered parking, despite Supreme Court rulings stating parking cannot be sold separately from the flat.

📜 Case ReferenceNahalchand Laloochand Pvt Ltd v. Panchali Co-op Housing Society Ltd – SC held that open parking cannot be sold as an independent unit.


4. Clubhouse & Maintenance Deposits

These are often presented vaguely as “amenities charges.” In gated communities, builders demand 1–3 years of advance maintenance and non-refundable clubhouse development fees.

✔️ Ask for a breakup of maintenance charges and get it in writing.


5. Advance Registration Charges

Some developers insist on upfront registration payments. But beware—many delay handing over sale deeds or register in builder’s name first, forcing resale to buyer with double registration fee.

✔️ Registration should only happen after OC/CC and full payment clearance.


6. Hidden Floor Rise Charges

Even within the same building, rates differ per floor. Builders in Durgapur, Salt Lake, and Alipore may add ₹20–₹100/sqft for “floor rise” without disclosing this early.


7. PLC – Preferential Location Charges

Corner flats, park-facing units, or east-facing homes may have added costs. These are negotiable but often hidden until agreement.

✔️ Ask early about PLCs. Always include a clause to limit variation in final price.


8. Delayed Possession Penalties Skipped

Agreements often don’t mention compensation if possession is delayed. Or worse, they include one-sided clauses favoring the builder.

📜 RERA mandates a fixed timeline and penalty for delay under West Bengal Housing Industry Regulation Act (WBHIRA).


Legal Checklist to Avoid Hidden Charges

✅ Step









What You Must Check

🔍 Title Verification









Independent search of 30+ years of ownership

📜 Agreement Clauses









Clear breakup of GST, PLC, parking, and maintenance

🏗️ RERA Registration









Ensure property is registered on WBHIRA portal

🧾 All-Inclusive Quotation









Avoid “base price” traps—ask for final cost

🖋️ Builder-Buyer Agreement









Legally vetted, RERA-compliant contract

🧑‍⚖️ Legal Opinion









Hire a property lawyer—not builder’s panel advocate


Pros and Cons: Ready-to-Move vs Under-Construction in West Bengal

Feature

Ready-to-Move

Under-Construction

GST

✅ No GST

❌ 5% GST (no ITC)

Hidden Charges

Fewer

Many (Amenities, Floor rise, PLC)

Risk of Delay

Minimal

High without strong contract

Registration Timeline

Immediate

Post-completion

Legal Security

High

Medium (depends on due diligence)


Real-Life Case Study – How Legal Help Saved a Homebuyer ₹5.5 Lakhs


A client from Baharampur booked a flat in Chinsurah and was asked to pay ₹3 lakhs as “advance clubhouse charges” and ₹2.5 lakhs for “parking rights.” Our legal team reviewed the documents and found both charges illegal under WBHIRA and Supreme Court guidelines. After a formal notice, the builder dropped all additional demands.


✔️ Result: Buyer saved ₹5.5 lakhs and got clean registration within 30 days.



Frequently Asked Questions (FAQs)

Q1: Can I refuse to pay parking charges to a builder?

Yes, especially if it’s for open parking. Covered parking may be charged nominally but must be included in the sale agreement.

Q2: Are these hidden charges legal under RERA/WBHIRA?

No. Builders are mandated to disclose all charges up front. Any deviation can be challenged before the WBHIRA authority.

Q3: What if the builder delays possession after I’ve paid full amount?

Under RERA, you’re entitled to interest compensation or withdrawal with refund. Get a lawyer to enforce this through legal notice or complaint.


Why Choose KHA ADVOCATES?

Whether you are an NRI, first-time buyer, or investor, our legal team offers:

✅ Title Verification & Search Report (30+ Years)

✅ Sale Agreement & Deed Drafting

✅ Builder-Buyer Agreement Vetting

✅ Registration Support across West Bengal

✅ RERA Dispute Handling & Legal Notices


We’ve helped over 100 clients across New Town, Kolkata, Hooghly, Siliguri, and Durgapur avoid hidden traps and legally secure their investment.


Conclusion

Hidden charges aren’t just financial nuisances—they can become legal nightmares. If you’re buying a property in New Town, Salt Lake, Baharampur, or anywhere in West Bengal, make sure your investment is protected with the right legal guidance.


Ready to Buy Property in West Bengal?


📞 Book a Legal Consultation with KHA ADVOCATES

👉 Call us now : 94-777-5-888-5

👉 WhatsApp: 8101-555-666

👉 Email us: contact@khaadvocates.in

👉 Visit: www.khaadvocates.com



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