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What Are Non-Occupancy Charges and Who Pays Them? – Explained Simply

Posted by Melkoora on 07/01/2025
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If you own a flat or house in a housing society and rent it out instead of living there, you may have come across something called Non-Occupancy Charges (NOC) in your monthly maintenance bill. But what exactly are these charges, who sets them, and who is responsible for paying them?

Let’s break it down.


🏠 What are Non-Occupancy Charges?

Non-Occupancy Charges are fees collected by a housing society or Resident Welfare Association (RWA) from flat owners who do not live in their own property and have rented it out to someone else.

It’s essentially a way for the society to recover costs or charge a premium for common services being used by tenants instead of owners.


💡 Why Are These Charges Collected?

  1. Additional Usage of Amenities:
    Tenants might use lifts, parking, and security more frequently.
  2. Security and Administration:
    Societies incur extra costs managing outsiders, verifying tenant background, and maintaining discipline.
  3. Maintenance Equalisation:
    To ensure absentee landlords contribute more fairly to the upkeep of society facilities.

🧾 Who Pays the Non-Occupancy Charges?

➡️ The owner of the property is responsible for paying non-occupancy charges—not the tenant.

However, in practice, many landlords include this charge in the rent amount or add it as an extra fee in the rental agreement.


⚖️ What is the Legal Cap on NOC in India?

As per the Model Bye-laws of Co-operative Housing Societies in many Indian states:

Non-Occupancy Charges cannot exceed 10% of the service charges (excluding property taxes, water, and electricity).

For example, if your monthly service charge is ₹3,000, the NOC can be up to ₹300 per month.

Note: Some states like Maharashtra have clearly defined this limit. Others may vary based on local housing regulations.


📋 How Are NOC Charges Calculated?

Let’s say your society’s monthly maintenance bill includes:

  • Service Charges: ₹2,500
  • Water, property tax, electricity: ₹1,500
  • Total: ₹4,000

If the NOC is 10% of service charges → ₹250 per month is the maximum non-occupancy charge.


🔍 Important Points for Owners

  • Check your society’s by-laws or RWA rules before renting your flat.
  • Submit tenant details (police verification, rental agreement) to avoid penalties.
  • Don’t overpay! Societies cannot randomly increase NOC charges beyond the legal cap.
  • Document everything in your rent agreement, including how NOC is being handled.

🏡 Conclusion

Non-occupancy charges are a standard part of owning and renting out property in a housing society. They’re legal, capped, and meant to maintain fairness. As a landlord, it’s your responsibility to pay them—but smart planning can ensure you manage it without loss.


📞 Need help understanding housing society rules or calculating NOC correctly?
Our experts can help you draft rental agreements, clarify charges, and avoid disputes with RWAs. Reach out today!

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