What is a Cessed Building

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Cessed building is a building which pays Cess Tax which actually means a Repair Fund.  These buildings are mainly present in South Mumbai, where construction dates back to pre-independence era.

This term is important with regards to redevelopment, repairs and reconstruction, or simply, transforming the ownership of a building.

Maharashtra Housing and Area Development Act, 1976 (MHADA) makes special provisions for repairs and reconstruction of “cessed” buildings.

Law has many provisions for undertaking repairs and reconstruction for/ of cessed buildings but not a single one deals with that of non-cessed buildings. This lacuna of law, has led to a lot of legal advisors to conclude that any building which does not pay cess, is a non-cessed building, and whatever provisions are applicable to a cessed building, the same is not extended to a non-cessed one.

Under MHADA, different provisions are applicable to different categories of cessed buildings.  These categories are based on their dates of creation / existance and amount of cess leviable on buildings varies accordingly.

S. 84 of MHADA says:

  1. Category A of cessed buildings – building erected before 1 September 1940
  2. Category B of cessed buildings – building erected between 1 September 1940 and 31 December 1950 (both days inclusive)
  3.  Category C of cessed buildings – building erected between 1 January 1951 and 30 September 1959