GST on Construction 2025-26 — Works Contract, Flat Purchase & Property Rates
Updated: 3 June 2026 | GST Act 2017 | Notification 11/2017-CT(R) as amended | India
GST applies only on construction services where the building is under construction at the time of the agreement — not on completed/registered property.
GST Rate Table — Construction & Property Type
| Property / Contract Type | GST Rate | ITC Available? |
|---|---|---|
| Under-construction residential flat (regular) | 5% | No — blocked u/s 17(5)(d) |
| Affordable housing flat (carpet ≤60/90 sq.m., value ≤₹45L) | 1% | No — blocked |
| Ready-to-move flat (with OC/CC) | 0% — Exempt | Not applicable |
| Sale of land / plotted development | 0% — Outside GST | Not applicable |
| Commercial construction (works contract) | 18% | Yes (for business use) |
| Government works — original construction (roads, bridges, dams, railways) | 12% | Yes |
| Government works — repair/maintenance/renovation | 18% | Yes |
| Sub-contractor for residential construction | 12% (main rate 5%/1%) | No (if ultimate use is residential) |
| Renovation/interior decoration of existing residential property | 18% | No (personal use) |
| Painting, whitewashing, flooring (maintenance) | 18% | No (personal use) |
Works Contract vs Construction Service — Key Difference
A works contract involves supply of both goods (materials) and services (labour) for construction, fabrication, installation, or erection of an immovable property. It is treated as a supply of service under GST, not a mixed supply. The distinction matters because:
| Aspect | Works Contract (Commercial) | Construction Service (Residential) |
|---|---|---|
| GST rate | 18% | 5% (or 1% affordable) |
| ITC on inputs | Available to recipient (if for business) | Blocked — not available |
| Typical use | Factories, offices, malls, hotels | Apartments, villas, residential flats |
| Sub-contractor rate | 18% (same as main) | 12% to main contractor |
| Government original works | 12% (special rate) | — |
ITC Rules for Construction
Section 17(5)(d) of the CGST Act blocks ITC on goods or services used for construction of an immovable property (other than plant and machinery) where it is for own account. This means:
- A home buyer cannot claim ITC on GST paid at 5%/1% when purchasing a flat.
- A builder/developer cannot claim ITC on cement, steel, labour for constructing residential units.
- A business constructing its own office building cannot claim ITC on construction inputs used for that building (even if used for taxable outward supply).
- Exception: Plant and machinery embedded as part of manufacturing — ITC is allowed. A factory building counts as plant and machinery if used in the production process.
- Contractors providing commercial works contract (18%) can claim ITC on their inputs and pass on the credit chain.
GST on Sub-Contractors in Construction
When a main contractor engages a sub-contractor for a project:
| Project Type | Main Contractor Rate | Sub-Contractor Rate |
|---|---|---|
| Residential (under-construction flat) | 5% / 1% | 12% charged by sub-contractor to main |
| Commercial works contract | 18% | 18% charged by sub-contractor to main |
| Government original works (road, bridge) | 12% | 12% charged by sub-contractor to main |
| Government repair/maintenance | 18% | 18% charged by sub-contractor to main |
The sub-contractor must charge GST on their invoice to the main contractor. The main contractor, if eligible, can claim ITC on this sub-contractor GST to offset their output tax liability.
Frequently Asked Questions
Related Pages
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