Steps to obtaining clearance for building construction

A builder must verify the ownership of the land where the building will be constructed.

Before planning to construct any building, it is essential to get approvals and sanctions from the relevant authorities. Getting these clearances is crucial, otherwise it can attract a penalty and other legal consequences.

A standard construction project comprises the following phases:

  • The pre-construction phase involves a building plan, budget estimation, land acquisition and documentation.
  • The construction phase involves activities such as site clearing, foundation laying, bricklaying, flooring, etc.

Typically, a builder is required to obtain the following approvals before starting the construction.

 

Land Title

A builder must verify the ownership of the land where the building will be constructed. This should be the foremost step before starting the project. Thus, he must obtain clear title to ensure that the property is clear and specifies any encumbrances, liens or charges and its current status. Some of the land clearances required include:

  • Title Search: This validates the current owner of the land and helps verify that there are no claims or legal disputes related to the property.
  • Title Insurance: Title insurance can be obtained, which safeguards against unforeseen issues with the land title.
  • Chain of Ownership: The title search helps track the chain of ownership of the property and ensures there are no unresolved issues pertaining to the property transfer in the past.

 

Land Clearance

The next step involves ascertaining whether the land is suitable for construction, for which due land clearances must be obtained.

Sometimes, agricultural land is converted to non-agricultural land for residential or commercial purposes. In such cases, the builder should get clearance from the relevant authority for the conversion of agricultural land to a non-agricultural (NA) plot. The approvals will be required from the local body and the State Ministry of Urban Development (UD).

Land clearance covers zoning and land use to check if the land conforms with the local zoning and land use regulations. It also covers aspects such as compliance with setback requirements, assessment of environmental impact and soil analysis.

 

Zonal clearance

After the land title and clearance permits have been taken, zonal clearance should be obtained by the builder from the local authority. Zoning laws state how land can be used within specific areas. Zonal clearance ensures that the project complies with such regulations.

The revenue department issues the ownership certificate for building permits as per the provisions of Local Body Acts. Further, the state town planning authority checks with the planning board and sends the proposals to the various authorities concerned for the issuance of specific approvals or NOCs before providing zoning approval.

 

Building approvals

After getting these approvals, the builder must seek approval from authority for sanction of building plans or permits as per the provisions of Building Byelaws, Master Plan and Local Body Acts. The building approval comprises the building plan and layout approval for the construction.

Building plans are graphical representations of a building after construction. They are important for ensuring that the building complies with the building laws. After the plan is approved, the construction work should begin within two years, according to the sanctioned plan.

Layout approval should also be obtained by the builder. The approved Layout Plan is in accordance with the approved FAR (Floor Area Ratio) or FSI (Floor Space Index). Permission will not be given for construction based on unapproved layout or such layout plots will be treated as unlawful, and penalties will be imposed as per municipal laws.

Here are some points to note:

  • The authority thoroughly reviews the architectural and structural plans, which may involve revisions and resubmissions to comply with regulatory requirements.
  • Building approvals are granted only when the proposed construction is in accordance with the safety standards related to fire safety, structural integrity, accessibility, etc.
  • The permit includes requirements that must be met pertaining to inspections, documentation and safety measures.
  • Building permits generally have an expiration date. Thus, the construction should be completed within the permitted time frame. One can apply for extensions if the project is not completed on schedule.

 

Completion certificate

A completion certificate is a document that establishes that the building has been as per the approved plans and regulations. It is issued after the inspection process by the regulatory authorities. The inspection pertains to safety features, structural integrity and compliance with architectural and engineering specifications.

 

NOCs and Infrastructure Clearances

NOCs must be obtained from relevant departments, such as the electricity board, telecom board, water supply and sewage board, state pollution control board, fire department, Mahanagar Palika, etc. If a building is constructed near a railway track, airport, drainage, etc., one should obtain NOCs from the relevant departments.

 

Occupancy Certificate

Finally, the builder must obtain an occupancy certificate, a document that certifies that the structure can be legally occupied and used for its intended purpose. The local authority forwards the proposals to different authorities for specific approvals or NOCs before granting the completion-cum-occupancy certificate.

 

Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com
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