Section 5 – Real Estate (Regulation and Development) Act, 2016

(1) For the purposes of sub-clause
(D) of clause (l) of sub-section (2) of section 4, the land cost shall be the cost incurred by the
promoter whether as an outright purchase, lease charges etc. and includes,-
(i) revenue or area share given to land owner in lieu of land under any kind of
agreement such as Joint Venture, Joint Development etc, in case the Promoter is not
the owner of the land,
(ii) amount paid to land owner,
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(iii) incidental costs related to acquisition of land such as stamp duty, brokerage,
settlement costs of litigation, premiums paid to government authorities related to
land,
(iv) interest on finance for purchase of land,
(v) litigation costs incurred for land acquisition,
(vi) property and other taxes, fees, premiums paid.
(2) For the purposes of sub-clause (D) of clause (l) of sub-section (2) of section 4, the
construction cost shall be the total cost incurred by the promoter, towards the on-site expenditure
for the physical development of the project and includes fees payable to the architects, consultants,
project managers/staff including engineers, marketing agents etc. fees/charges/security deposit
payable to various departments/authorities, Labor Cess, VAT which are incurred during the
development of the project.