Kolkata’s real estate market sees new constructions and reconstruction of older properties, especially ageing structures in older localities. Constructing or reconstructing a property is a lengthy and complex process involving several legal, technical and financial aspects. Before building or rebuilding a house, it is necessary to understand the state-specific construction rules and various regulations. In this guide, we explain things to consider before constructing or reconstructing a property in Kolkata.
Why do property owners opt for reconstruction?
Before proceeding with reconstruction, it is important to understand what it constitutes. While construction involves building a new structure on a plot of land, reconstruction involves demolition of an existing structure and rebuilding it. Minor renovations do not count as reconstruction and need not require major permissions.
People go for reconstruction for various reasons:
- If the house was built decades ago, it is likely to have structural damage or safety issues
- With reconstruction, the owner can build a newer and larger structure with better layouts
- It helps add modern facilities to the structure, such as lifts, parking areas, etc.
- New construction properties bring higher resale value than older properties
- Reconstruction may be required if older buildings do not comply with building regulations
Who can undertake the construction or reconstruction of buildings in Kolkata?
Construction or reconstruction projects in Kolkata are majorly undertaken by the governmental authorities, such as the Kolkata Metropolitan Development Authority (KMDA) and New Town Kolkata Development Authority (NKDA). Such projects can also be undertaken by cooperative housing societies, individual property owners and developers or builders after seeking the necessary approvals.
Authorities involved in construction or reconstruction in Kolkata
Before initiating a construction or reconstruction project, one must seek approvals from relevant authorities. The type of approvals needed will depend on where the project is located and the type of construction.
Kolkata Municipal Corporation (KMC)
The Kolkata Municipal Corporation (KMC) is the local authority that approves building plans and issues construction-related permissions for projects within the city limits.
Kolkata Metropolitan Development Authority (KMDA)
The KMDA is the planning and development authority responsible for designing city master plans, managing land use and developing township and residential projects in the Kolkata Metropolitan Region.
West Bengal Real Estate Regulatory Authority (WBRERA)
The West Bengal Real Estate Regulatory Authority (WBRERA) is the regulatory authority in the city, which implements rules governing the construction and redevelopment projects.
Other authorities involved in construction and reconstruction projects
Depending on the type of project and its location, the approval of the following authorities may be required:
- West Bengal Fire and Emergency Services – for fire safety approvals for high-rise buildings
- West Bengal Pollution Control Board (WBPCB) – for pollution-related clearances in large projects
- New Town Kolkata Development Authority (NKDA) – for approving plans for building outside city limits
Necessary permissions required before construction or reconstruction
Applying for the relevant authority’s approvals is mandatory before beginning construction or reconstruction work, depending on the type of project.
Land use and zoning verification
Anyone planning to start a construction project in Kolkata must first check the land classification and zoning regulations applicable to the property. That is, whether that project is allowed to come up in that area. In Kolkata, the Land Use and Development Control Plans (LUDCP) by KMDA govern the development and growth in the city.
Building plan approval
If building a house, a licensed architect must prepare the building plan and submit it to the KMC or the relevant authority for approval. The authority will see if the plans follow the building laws, fire safety norms and other regulations before approving them. One can visit the KMC’s official website or West Bengal government’s Online Building Plan Approval System (OBPAS) https://obpsudma.wb.gov.in/ to apply for building approvals.
Layout and redevelopment approvals
Large-scale redevelopment projects, such as a gated community project, additional layout approvals and planning permissions are required. This ensures the project complies with the city’s master plan.
No-objection Certificates (NOCs)
Before a construction project can be started, approvals from other relevant authorities may be required:
- Environmental clearance
- Fire department approval
- Water and sewerage permissions
- Electricity connection approvals
- Airport Authority approval in certain zones
- Relevant permissions for protected zones
- NOC from the housing society for redevelopment
RERA registration
Projects with sizes above the allowed limit must be registered with WBRERA to ensure compliance with the Real Estate (Regulation and Development) Act, 2016.
Commencement Certificate
Construction activities must begin only after one has obtained the permission or commencement approval from the municipal authority. The KMC’s Building Department issues the commencement certificate for projects in areas within its jurisdiction.
Completion and Occupancy Certificates
Just like the commencement certificate, the completion certificate (CC) and occupancy certificate (OC) are two important documents that should be obtained. While the CC document confirms that the construction was carried out by following the sanctioned plans, the OC document establishes that the project is fit for occupancy and complies with local regulations.
Importance of legal due diligence before construction
Before reconstructing a house, owners must ensure the property has a clear title and is free from any encumbrances. They can do this by checking various documents such as title deed, sale deed, mutation record and property tax receipts. If there are encumbrances such as legal disputes, pending housing loans or other dues, the owner may face legal risks and this can affect their redevelopment rights. For better understanding and to prevent issues later, it is good to speak to a property lawyer.
Costs involved in construction or reconstruction
Planning the budget is crucial for any construction project. There are several expenses involved in a construction or reconstruction project. These include:
- Municipal approval fees
- Professional fee (architect and consultant)
- Premium FSI charges
- Costs of labour and materials
- Utility connection charges
- GST charges, stamp duty and registration fee
- Cost of interiors and home design
- Rent or accommodation expenses during redevelopment
There may be some hidden or unforeseen expenses. So, it is advisable to allocate around 10% of the budget in case of project delays, high material costs, etc.
Housing.com POV
An individual who wants to construct or reconstruct their house in Kolkata must follow the full-cycle of legal due diligence, seeking relevant approvals and complying with municipal regulations. It is also crucial to be aware of the challenges one could face when undertaking such projects. These may include delays in approvals and NOCs, fluctuations in material availability or costs, etc. Consulting a legal expert can help navigate these stages with ease.
FAQs
What approvals are required for redeveloping a property in Kolkata?
Approvals from the relevant authorities, such as the Kolkata Municipal Corporation, will be required for the redevelopment of a property in Kolkata. Some examples include building plan approval, commencement certificate, fire department clearance and environmental clearance.
What happens if you reconstruct a project in Kolkata without municipal approval?
Undertaking major reconstruction or structural work without approval from the Kolkata Municipal Corporation (KMC) or the relevant planning authority can result in demolition notice, fines or legal action.