Non-Occupancy Charges in Goa
Non-occupancy charges in Goa are additional fees a housing society may collect when a flat is not occupied by the owner or by their immediate family. These charges are regulated by cooperative society laws and are meant to cover shared usage impacts, not to penalise owners.
Why Do Housing Societies Charge Non-Occupancy Fees?
Housing societies rely on monthly maintenance to manage common facilities. When flats are rented out or kept unused, societies often feel there is increased wear, coordination effort, or administrative work.
Non-occupancy charges are meant to address this perceived difference. However, these charges must remain reasonable, clearly defined, and legally compliant. In Goa, this balance has been a long-standing discussion point among residents and committees.
Governing Laws for Non-Occupancy Charges in Goa
The framework for non-occupancy charges in Goa is defined under:
- Goa Co-operative Societies Act, 2001
- Rule 133 of the Goa Cooperative Societies Rules, 2013
These laws empower societies to levy non-occupancy fees but also place strict limits to prevent misuse. Charges must be aligned with the society’s registered bylaws and cannot be arbitrary or excessive.
The 5 Per Cent Rule For Non-Occupancy Charges
Under Rule 133, non-occupancy charges in society are up to 5 per cent of the rent or compensation amount mentioned in the agreement between the owner and the tenant.
Important points residents should understand:
- The charge is limited to a set amount and cannot be adjusted.
- It applies only if the society’s bylaws permit it
- The amount must be documented
This interpretation is widely followed in Goa, but it has also led to disagreements due to rising rental values.
The 10 Per Cent Argument and Legal Opinions
Many legal experts question whether charging a percentage of rental income is fair. Based on the Supreme Court observations and practices in states like Maharashtra, an alternate view exists.
This view suggests that:
- Non-occupancy charges should not exceed 10 per cent of service charges
- Service charges include staff salaries, common electricity, and office expenses
- Statutory charges like property tax and water charges should be excluded
This argument aims to ensure fairness and consistency, especially when rental values are high but actual societal costs remain stable.
Read also: Supreme Court Judgement on Apartment Maintenance Charges
When Are Non-Occupancy Charges Applicable?
Non-occupancy charges in Goa generally apply when:
- The flat is rented to a third party
- Neither the owner nor the immediate family resides in the unit
- The society’s bylaws clearly allow such charges
They are not meant for temporary absence or short visits. Proper documentation and communication matter.
Read also: What is a Certificate of Occupancy?
Exemptions For Non-Occupancy Charges
Societies cannot apply non-occupancy charges in every case. Common exemptions include:
- Flat occupied by parents, children, or spouse
- Flat kept vacant and not rented out
- Temporary absence due to work or medical reasons
Understanding exemptions helps prevent unnecessary conflict and builds trust within the community.
Common Disputes Around Non-Occupancy Charges
Disagreements usually arise due to:
- Lack of clarity in the society’s bylaws
- Charging based on rent instead of service costs
- No written approval or explanation from the committee
Clear records, transparent communication, and consistent billing practices can avoid most disputes before they escalate.
What To Do If Your Society Overcharges?
If you believe your society is violating rules on non-occupancy charges in Goa, you can take these simple steps:
- Review your society’s registered bylaws
- Ask for a written breakup of charges
- Compare with Rule 133 provisions
- Raise the issue formally in writing
- Approach the Registrar of Co-operative Societies if required
Documentation always strengthens your case.
Best Practices for Committees and Owners
Healthy societies follow a few simple practices:
- Keep bylaws updated and accessible
- Share the charge logic clearly with residents
- Review non-occupancy charges annually
- Avoid linking charges directly to rent amounts
- Maintain written approvals and records
These steps support compliance and harmony.
How NoBrokerHood Supports Transparent Society Management
Platforms like NoBrokerHood help housing societies maintain clarity in billing, rule communication, and resident records. By digitising bylaws, maintenance structures, and notices, societies can avoid confusion around charges like non-occupancy fees.
With centralised access and clear approvals, residents and committees stay aligned, reducing disputes and improving trust within the community.
All Solutions by NoBrokerHood:
FAQs
Non-occupancy charges in Goa are fees charged by housing societies when a flat is not occupied by the owner or the immediate family. These charges are regulated under cooperative society rules.
As per Rule 133, societies can charge up to 5 per cent of the rent or compensation mentioned in the rental agreement, subject to society bylaws.
No. If the flat is genuinely vacant and not rented out, non-occupancy charges are generally not applicable.
No. Flats occupied by close family members, such as parents or children, are usually exempt from non-occupancy charges.
You can review bylaws, request clarification, and file a complaint with the Registrar of Co-operative Societies if the charges exceed legal limits.