Do you have an ancestral property which is almost or more than 100 years old? Or you are planning to renovate your current home to add a pinch of modernisation in it? Building construction is a painstaking task, which needs clearance from many government departments. In this era, where people don’t even have time for family, you surely don’t want to get in another laborious task hence most of you contact a builder. He is the one who has specialisation in doing such tasks. If your building construction is left with any of the approval or clearances, then there is a chance that you may attract penalties or even prosecution.
So, we have come with a detailed procedure of land approval that you or your builder will have to follow before or at the time of construction.
1) Land Title
It is one of the first things that need to be clear even before the beginning of the construction. Clear land title ensures that it is a clear property as well as marketable. The land title also shows its current status by checking if there are no charges or encumbrances on the property or not. It is a way so that a prospective buyer can know the chain of holdings and transfers ownership over a period of time. The best and hassle-free way to check all this is to get an Encumbrance Certificate from local sub-registrar office.
2) Land Clearance
As urbanisation is on its peak these days, hence there are numerous occasions where agriculture land is to be converted into non-agriculture land for residential or commercial purposes. In such scenarios, a developer has to take required permissions and approvals to do so.
For this purpose, the builder has to contact local body. After getting approval from the local body, the same has to be notified to the State Ministry of Urban Development (UD) to make required changes on/at their side. But, things are much easier and simple when it comes to the properties which were used earlier for residential or commercial motives.
3) Zonal Clearance
After getting land title clearance, your builder will now require to take zoning capitulation from concerned authorities. Under Local Body Acts, Revenue Department provides the ownership certification for the building. Before granting zonal clearance, all the documents and proposals along with their approvals are then circulated in the concerned authorities of the city for specific approvals and NOC (No Objection Certificate). It is said that a housing project needs approval from more than 50 departments including clearance for the amenities like water, electricity and connecting roads, etc.
4) Building Approval
Your builder is now required to take building plan approvals under Master Plan, Building Byelaws and Local Body Acts from the related authorities. It is a four-step procedure and works as stated below:
a) Building Plan
- A builder should submit the building plan before commencement of construction.
- It is a blueprint, which ensures that the construction abides by all building laws.
- After approval, a builder has to begin the construction within two-year time duration and there should be no changes in the approved plan.
b) Layout Approval
- A builder has to get layout approval from the authorities as per Floor Space Index (FSI) or Floor Area Ration (FAR).
- Any construction which is done without taking layout approval is considered illegal in the eyes of the law.
- In such construction, the government agencies are not liable to extend facilities like drainage, electricity, roads, water, etc.
c) Intimation of Approval
Intimation of Approval or IOD is also known as Building Permit in some places. These are set of instructions that a builder has to compile at different phases of an under-construction project. The stated conditions are categorised in three categories:
- Immediately before the start of construction work
- During construction period
- After project completion
d) Commencement Certificate
It is a permission which is taken from the local development authority to laid down the foundation stone or begin the construction work.
5) Completion Certificate
As soon as the construction is completed, a builder is required to get the mandatory completion certificate for selling the building. The certificate is usually issued after inspection from the officials of the concerned authorities. It is a way to make sure that the building is completed after taking the required approvals and fulfilling all legal norms.
6) Approval for Installing Services & Utilities
To bring any commercial or residential project on its knees, it is required to take permissions from the local concerned authorities for the installation of amenities, such as gas, water, electricity, etc. For this, the building has to comply with all Building Laws. In addition to this, a builder has to take NOCs from pollution board, municipality or respective Jal boards for the works like digging borewell or getting water supply or drainage line.
7) Occupancy Certificate (OC)
Last but not the least, a builder has to take occupancy certificate so he can give allotment to the prospective buyers for any purpose. It is a kind of fitness certificate that can be used as a prove that the construction of the building is done after following all rules and norms and it is in habitable condition. In is to be noted that a building will be considered illegal until a builder gets Occupancy Certificate.