Buyer's guide
Buying land in Himachal Pradesh: a guide to Section 118
Last reviewed 2026-11-06. General information, not legal advice.
Under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, no land in Himachal Pradesh can be transferred to a person who is not an agriculturist of the state without State Government permission. Outsiders — and Himachalis who are not agriculturists — can apply for permission for a specific purpose, such as a house on up to 500 square metres.
Get legal advice. Land law in Himachal is detailed and the rules are amended from time to time. Use this guide to prepare, then have a local advocate check the documents and your eligibility before you pay any money.
What Section 118 says
Section 118 bars any transfer of land — by sale, gift, will, exchange, lease or mortgage with possession — to a non-agriculturist, unless the State Government gives permission. Permission is sought under clause (h) of Section 118(2), through the procedure in Rule 38-A of the Himachal Pradesh Tenancy and Land Reforms Rules, 1975.
Who is an agriculturist?
Broadly, a person who personally cultivates land in Himachal Pradesh and holds agricultural land in the state as an owner or tenant in the revenue records. The test is not birth or residence: a Himachal resident who is not an agriculturist also needs permission. Buying land does not make you an agriculturist.
How much land you can get permission for
- Residential house: up to 500 square metres (about 12.4 biswa).
- Shop or commercial establishment: a lower limit, commonly 300 square metres.
- Industry, tourism and other projects: decided case by case, often with the relevant department involved.
For a house or shop in a municipal area, the rules also look at whether you already own a house or vacant land in a municipal area in the state. Confirm the current limits with your lawyer before you apply.
How to apply for Section 118 permission
- Agree the plot with the seller, ideally through an agreement that is conditional on permission.
- Collect the jamabandi, tatima and khasra details of the exact land.
- Apply to the Collector (Deputy Commissioner) of the district, stating the purpose, with the required affidavits and documents.
- The application is verified by the revenue staff and sent to the State Government for a decision.
- Once permission is granted, execute and register the sale deed at the Sub-Registrar and complete mutation.
Conditions after you buy
Land bought with permission must be used for the purpose stated, within the time allowed in the permission (which can be extended on application). If it is used for another purpose, sold in breach of conditions or left unused beyond the allowed time, it can vest in the State Government.
Flats and apartments
The state has considered easing rules for completed flats in RERA-registered projects. Until such a change is notified and in force, assume Section 118 applies and ask your lawyer about the current position.
Document checklist
- Latest jamabandi (record of rights) and tatima (field map extract)
- Mutation (intkal) history showing how the seller got the land
- Land classification and any forest, shamlat or government entries
- Planning-area and TCP rules if you plan to build
- Demarcation on the ground by revenue staff
More detail: land document checklist and bigha and biswa conversions.
Section 118: questions and answers
Can a non-Himachali buy land in Himachal Pradesh?
Not freely. Under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, land cannot be transferred to a person who is not an agriculturist of Himachal Pradesh unless the State Government grants permission. Outsiders can apply for that permission for a stated purpose, such as building a house.
What is Section 118 of the HP Tenancy and Land Reforms Act?
Section 118 bars the transfer of land in Himachal Pradesh — by sale, gift, will, exchange, lease or mortgage with possession — to a non-agriculturist, except with the permission of the State Government. It was enacted to protect agricultural land and local landholders.
Who counts as an agriculturist under Section 118?
Broadly, a person who personally cultivates land in Himachal Pradesh and holds agricultural land as an owner or tenant in the state's revenue records. Being a resident of Himachal is not enough on its own: a Himachali who is not an agriculturist also needs Section 118 permission.
How much land can a non-agriculturist buy for a house in Himachal?
The rules set a ceiling of 500 square metres for a residential house when permission is granted under Section 118 and Rule 38-A of the HP Tenancy and Land Reforms Rules, 1975. Shops and commercial establishments have a lower limit, commonly 300 square metres. Limits can change, so confirm the current rule before applying.
How do I apply for Section 118 permission?
You apply to the Collector (Deputy Commissioner) of the district where the land is, under Rule 38-A, stating the purpose, the land details from the revenue records and your own details. The application goes through the district administration to the State Government, which decides it.
What happens if land bought with Section 118 permission is not used for the stated purpose?
Permission is granted for a specific purpose and must be put to that use within the time allowed in the permission, which can be extended on application. If the land is used for another purpose or left unused beyond the allowed time, it can vest in the State Government.
Can outsiders buy a flat or apartment in Himachal without Section 118 permission?
Rules for apartments have been under review, including proposals to exempt completed flats in RERA-registered projects. Treat any such exemption as unconfirmed until you see it in the current notified rules, and get legal advice before booking.
Do I need a lawyer to buy land in Himachal Pradesh?
We strongly recommend one. A local advocate can check the jamabandi, tatima and mutation history, confirm land type and planning-area rules, and handle the Section 118 application. Haweli shares information, not legal advice.
Sources: the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (India Code) and the Himachal Pradesh Tenancy and Land Reforms Rules, 1975. Check the current text and notifications with the HP Revenue Department or your advocate.