Approval For Building Construction : Learn about the 7-step process for obtaining approval for building construction. If approvals are not obtained, you will be penalised. So, learn about the seven clearances you must have before investing in a home.

When a home buyer decides to buy a home, he wants the process to be as simple as possible. As a result, he looks for a brand that has all of the necessary approvals. To build a real estate project, a builder must obtain approvals and sanctions from all relevant authorities. Any building construction that occurs without these approvals will be subject to fines and even prosecution.

A homebuyer is willing to pay a premium for all approvals in the right place. However, the majority of them are unaware of the sanctions and approvals for which they are paying a premium. So, whether you are building your own home or purchasing one, you should ensure that all necessary approvals are obtained so that you do not encounter any problems in the future.

These are the seven approvals needed before you begin building.

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Building Construction Clearance: Land Title

The first thing a builder must do is obtain a clear title to the land or plot on which he intends to construct a project or a building. The property is clear and marketable if the title is clear. It also aids in tracing the current status of the land as well as any liabilities or charges placed on the property.

This document can also show a prospective home buyer the chain of ownership and transfers over time. A buyer can also look into any previous disputes over property ownership. It is best to invest in a property with a clear title.

In Maharashtra, developers prefer to buy land upfront, whereas in Delhi and Karnataka, joint development agreements are the norm.

To determine ownership/lien status of land, a buyer must first obtain an Encumbrance Certificate from the local sub-registrar office.

Land Clearance is required for building construction.

In the case of agricultural land being converted into non-agricultural land, a developer must obtain permission from the relevant authority to do so.

Following approval, the land can be developed for residential or commercial purposes. Such permits are required from the local government as well as the State Ministry of Urban Development (UD).

Building Construction Clearance: Zonal Clearance

Builders must also obtain zoning approval from the local body/authority. So here’s how it works:

Under the provisions of Local Body Acts, the revenue department issues the ownership certificate for building permits.

Before granting zoning approval, the state town planning consults with the planning board and forwards the proposals to the various other concerned authorities in the city for NOC.

It is stated that close to 51 approvals are required to put basic amenities such as electricity, water drainage, connecting roads, and so on in order to build housing projects in Delhi NCR, Haryana, Rajasthan, Punjab, and Maharashtra.

Building Approval is required for building construction.

It is the most crucial step. The building plan has been approved. Under the provisions of Building Bye Laws, Master Plans, and Local Body Acts, a builder is required to obtain various approvals from authorities before sanctioning building plans/building permits. The building approval includes the building plan and layout approval for the building’s construction.

a) Building Plan: This is a graphical representation of how a project or building will look after it is completed. Before construction can begin, the developer must file it with the development authority. Building plans ensure that the structure complies with building codes. Once approved, the builder must begin construction in accordance with the approved plan within two years of the sanctioned date.

b) Layout approval: The approved layout plan is in accordance with the approved FAR (Floor Area Ratio) or FSI (Floor Space Index). Any construction on a property without layout approval is illegal. Municipal authorities have the authority to penalise in accordance with municipal laws. Roads, drainage, and street lighting will not be extended in such areas.

c) Intimation of Disapproval (IOD): The Intimation of Disapproval (IOD) basically states the conditions that must be met during the various stages of the Under Construction Project. It is also referred to as a Building Permit. These conditions are typically classified into three categories:

I Before the start of construction work (ii) During the construction period (iii) After the construction is completed d) Commencement Certificate, which means permission from the local development authority to begin construction.

Without these two documents, a builder cannot lay the “Foundation Stone” or even construct a fence around the land or plot.

Completion Certificate

When the construction is finished, the builder must obtain the Completion certificate.

After the inspection, this certificate is issued. It will ensure that a builder or owner built the building in accordance with the approved plans.

Services and Utilities Installation

The builder must also obtain all necessary approvals from the relevant authorities for electricity, gas, and water for potable and non-potable use. To obtain approval for these civic amenities, the building or project must be built in accordance with building codes.

In addition, the builder must obtain approval from the pollution control board and the municipal authority before digging bore wells. These two NOCs are required for sewer or water supply approval.

Occupancy Certificate

The final clearance required by a developer is an occupancy certificate, also known as an OC. It is necessary to obtain permission from the local body/authority before occupying a building or any part of a building for any purpose.

Before granting the Completion-cum-Occupancy Certificate, the local body forwards the proposals to the various other concerned authorities for NOC. When it is reached, the structure is considered ready for habitation.

What happens if you don’t have building permit approval?

When it comes to building approval, each state has its own set of rules and regulations. If you do not have the necessary approvals, the authorities may impose any of the following penalties:

Penalty: A penalty of Rs 5000 or 6 months imprisonment, or both, will be imposed under Section 12 of the Master Plan, which was notified on February 7, 2021.

Demolition: An authority can issue a show cause notice to demolish the building, and the owner of the property must pay the expenses.

Hold construction: In the event of an act violation, an authority may halt the construction of a building.

Sealing: Under Section 31A of the Act, an authority may grant permission to seal the building’s construction.

To summarise: Building clearances are required.

Building construction requires the approval of the local authority. If a building project is started without the above-mentioned permission, it will result in penalties or even execution. Section 12 imposes a sanction. Section 29 imposes a penalty if approvals are not received; you can be fined up to Rs 5000 or imprisoned for up to 6 months, or both.

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