New Property Laws and Regulations in 2026

Buying a property in 2026 involves more than checking the location and price. Homebuyers also need to understand RERA compliance, registration, taxes, TDS, GST and property documentation before signing a deal.

One important change for 2026 is the transition to the Income Tax Act, 2025, which applies to relevant transactions from 1 April 2026. The Income Tax Department says the TDS provisions have been reorganised, while rates and monetary thresholds have largely been retained.

For buyers in Gurugram and Haryana, RERA and state-level property rules are particularly important.

Property Rules Buyers Should Know in 2026

1. Check RERA Registration Before Booking

The Real Estate (Regulation and Development) Act, 2016 remains one of the most important protections for homebuyers.

Before booking a property in a RERA-covered project, buyers should verify the project's registration and review the information disclosed by the promoter.

In Haryana, the state's RERA framework requires promoters to register qualifying projects before advertising, marketing or offering them for sale.

For Gurugram buyers, the Haryana Real Estate Regulatory Authority (HRERA) provides project and regulatory information that can be checked before making a purchase.

2. Be Careful About Advance Payments

Under RERA, a promoter cannot accept more than 10% of the cost of an apartment, plot or building as an advance or application fee without first entering into a written and registered Agreement for Sale.

This is particularly important during pre-launch and early-booking campaigns.

Before transferring a large amount, buyers should understand:

• Booking amount

• Agreement for Sale

• Payment schedule

• Cancellation terms

• Possession commitments

• Applicable taxes and charges

3. Understand Carpet Area

Property advertisements often use terms such as super area, saleable area, built-up area and carpet area.

RERA rules require the apartment's size to be disclosed based on carpet area, even if the property is marketed or sold using another area measurement. Haryana's RERA rules also specifically provide for carpet-area disclosure.

For buyers, comparing properties using carpet area can provide a more meaningful understanding of the actual internal usable space.

4. Know the RERA 70% Account Requirement

For registered projects, the RERA framework requires 70% of amounts realised from allottees to be deposited into a separate bank account, with the funds intended for land and construction costs as specified by the law.

Haryana's RERA rules also reflect this requirement.

This does not mean that buyers can assume every project will be financially risk-free. It is still important to examine the developer's track record, project approvals, construction progress and financial disclosures.

5. Buyers Have a Five-Year Defect Protection

RERA provides an important post-possession protection.

If a structural defect or certain other defects in workmanship, quality or services covered by the law are brought to the promoter's notice within five years from handing over possession, the promoter is required to rectify them without further charge within the prescribed period.

If the promoter fails to rectify the defect within the specified period, the allottee may be entitled to compensation under the Act.

6. Property TDS Rules in 2026

Property buyers should also understand the TDS requirement for qualifying transactions.

Under the applicable rules, when purchasing immovable property other than qualifying agricultural land from a resident seller, 1% TDS generally applies when the consideration or stamp-duty value meets the ₹50 lakh threshold, with the tax calculated on the higher applicable amount.

From 1 April 2026, the Income Tax Act, 2025 reorganises TDS provisions. The Income Tax Department has clarified that the rates and thresholds have largely remained unchanged, although the relevant section references have changed.

This means buyers should use the current 2026 tax forms, rules and section references when completing a transaction.

7. GST on Under-Construction Property

GST remains relevant when buying an under-construction residential property from a developer.

The GST framework provides an effective rate of:

• 5% for residential apartments outside the affordable-housing category

• 1% for qualifying affordable residential apartments

These rates apply under the specified conditions and are without input tax credit for the promoter under the new-rate regime.

Buyers should therefore ask for a complete cost sheet showing the basic property price, GST and other applicable charges rather than evaluating a property only on its advertised base price.

8. Registration and Documentation Still Matter

A property purchase is not complete simply because the buyer has paid the developer or seller.

Depending on the transaction, buyers should ensure that the required sale/conveyance documentation is properly executed and registered, along with payment of applicable stamp duty and registration charges.

Haryana RERA has also recognised the importance of registration of the conveyance/sale deed in property transactions.

Before registration, buyers should carefully check:

• Seller/developer identity

• Property description

• Carpet area

• Consideration amount

• Payment details

• Title-related documents

• Encumbrances

• Approvals

• Possession details

9. Don't Ignore Local Property Rules

Property law in India is not limited to central legislation.

State and local authorities can have their own requirements relating to:

• Stamp duty

• Registration

• Land use

• Building approvals

• Development charges

• Mutation

• Property records

• Local planning permissions

For example, Haryana operates dedicated RERA authorities for Gurugram and the rest of the state, reflecting the importance of state-level regulation in the NCR property market.

Therefore, a rule applicable to a property in Delhi may not necessarily apply in exactly the same way to a property in Gurugram.

10. What Buyers Should Check Before Signing

A simple 2026 property due-diligence checklist can help reduce avoidable risks.

Before Booking

• Verify RERA registration

• Check the developer's project disclosures

• Compare carpet area

• Review the payment schedule

• Understand cancellation terms

• Confirm applicable taxes

Before Agreement

• Read the Agreement for Sale carefully

• Check possession date

• Review specifications and amenities

• Check escalation and additional-charge clauses

• Confirm interest/penalty provisions

Before Registration

• Verify title and ownership documents

• Check applicable stamp duty

• Confirm TDS compliance

• Review the final sale/conveyance deed

• Keep copies of all payment receipts and documents

Conclusion

The biggest lesson for property buyers in 2026 is that the advertised property price is only one part of the purchase decision.

RERA compliance, carpet-area disclosure, advance-payment restrictions, defect protection, TDS, GST, registration and local regulations can all affect the transaction.

The transition to the Income Tax Act, 2025 from 1 April 2026 is particularly relevant for buyers because tax provisions have been reorganised even though the Income Tax Department says the applicable rates and thresholds have largely remained unchanged.

For high-value purchases, buyers should verify the latest government rules and obtain professional legal or tax advice where necessary.

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FAQ

1. What is the most important property rule buyers should know in 2026?

RERA registration, Agreement for Sale, property taxes, TDS, GST and proper registration of the transaction are among the key areas buyers should understand.

2. Has the Income Tax Act changed in 2026?

Yes. The Income Tax Act, 2025 applies to relevant transactions from 1 April 2026 and reorganises several provisions, including TDS provisions. The Income Tax Department says rates and thresholds have largely remained unchanged.

3. Is TDS applicable when buying property above ₹50 lakh?

Generally, 1% TDS applies to qualifying purchases of immovable property from a resident seller when the applicable consideration or stamp-duty-value threshold reaches ₹50 lakh, subject to the law's conditions.

4. How much advance can a builder take before the Agreement for Sale?

Under RERA, a promoter generally cannot accept more than 10% of the property cost as advance/application fee before entering into and registering the Agreement for Sale.

5. What is the RERA five-year rule?

Certain structural or specified defects reported within five years from possession must be rectified by the promoter without further charge, subject to the conditions of the law.

6. How much GST is charged on an under-construction residential property?

The applicable effective rate is generally 5% for non-affordable residential apartments and 1% for qualifying affordable residential apartments, subject to the applicable GST conditions.

7. Should I verify RERA before booking a property?

Yes. Buyers should verify the project's RERA registration and review the project's disclosures before making a substantial payment.

8. Is this article a substitute for legal advice?

No. Property transactions can involve state-specific rules, title issues, taxation and contractual matters. For a high-value purchase, buyers should obtain advice from a qualified property lawyer or tax professional.