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How can LLP be used in real estate business?

Legal Framework for Operation

  • An LLP can be registered to operate as a real estate services firm or development entity
  • It must be incorporated under the LLP Act, 2008, with its business object clearly defined in the LLP Agreement
  • The name and activities must comply with RERA (Real Estate Regulatory Authority) and local municipal regulations
  • LLPs involved in development must obtain real estate project approvals and licenses
  • Compliance with land use, zoning, and construction regulations is mandatory

Suitable Activities in Real Estate

  • LLPs can be engaged in property development, land aggregation, leasing, renting, and brokerage
  • They may provide real estate consultancy, facility management, or interior fit-out services
  • LLPs can act as property investment vehicles for joint ownership or co-development
  • Leasing of commercial assets and real estate portfolio management are permitted
  • It can also function as a project-specific entity (SPV) for a single development project

Structural and Financial Flexibility

  • LLP allows flexible profit-sharing and management control among partners
  • Real estate partners can contribute land, capital, or development services
  • The LLP Agreement can clearly define roles for landowners, developers, and investors
  • It allows for easy addition or exit of partners based on project needs
  • No restriction on the number of partners provides scalability for large-scale ventures

Compliance and Registration Requirements

  • LLPs must obtain PAN, GST registration, and local licenses before starting operations
  • If acting as a developer, registration with RERA is mandatory for applicable projects
  • Land title documentation, construction approvals, and project disclosures must be properly maintained
  • Regular filings such as Form 8, Form 11, and Income Tax Returns must be complied with
  • LLPs must ensure all agreements, deeds, and contracts are executed legally in the firm’s name

Business and Investment Benefits

  • LLP structure ensures limited liability protection for real estate developers and investors
  • It is suitable for joint ventures between landowners and construction firms
  • It offers lower compliance costs and flexibility in structuring development rights and profit sharing
  • Foreign investors can participate in LLPs, subject tothe  FDI policy and sectoral guidelines
  • LLPs are often preferred in real estate for private funding, pooling resources, and executing project-based ventures

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