7 Steps To Get Clearance For Building Construction

By Investoxpert | 02 Dec 2023 | Real Estate

Find out about the seven steps needed to obtain approval for building completion certificate. You will be responsible for paying penalties if approvals are not obtained. Therefore, find out which seven approvals are necessary before investing in a home.

How Can Construction Of A Structure Be Approved?

A house buyer wants the process of purchasing a property to be simple and hassle-free. He searches for a brand that has all the necessary approvals as a result. In order to start building a real estate project, a builder must obtain approvals and sanctions from all relevant authorities.

If building work is done without these permissions, there will be consequences, including fines and maybe legal action.

A buyer who is interested in buying a home is willing to pay more if they receive all the necessary permissions. However, the majority of them do not realize that they are paying a premium for all the sanctions and clearances. In order to avoid any problems later on, you should make sure that all necessary approvals have been obtained whether you are purchasing or building a property.

These are the seven approvals needed before building construction may begin.

1.Land Title Clearance

Obtaining a valid title to the land or plot on which a builder intends to construct a project or building is the first step towards constructing construction clearance. The property's marketability and clarity are guaranteed by a clear title. It also aids in tracking the land's current condition and any obligations or charges that may have been placed on it.

A potential homeowner can also learn about the chain of holdings and transfers over time from this document. If there have ever been any ownership conflicts, the buyer can also look into them. Purchasing real estate with a clean title is advised.

While joint development agreements are typically used in Delhi and Karnataka, developers prefer to buy land upfront in Maharashtra.

To determine the ownership or lien status of land, a buyer must perform a basic check by obtaining an Encumbrance Certificate from the local sub-registrar office.

1. Land Clearance Is Required Before Building May Begin

When turning agricultural land into non-agricultural land, a developer must obtain permission from the relevant authority in order to use the land for non-agricultural (NA) purposes.

Following approval, construction of residential or commercial buildings is permitted on the land. Both the State Ministry of Urban Development (UD) and the local government must provide these approvals.

2. Zonal Clearance Is Required For Building Construction

The municipal organization or authority must grant zoning approval to builders as well. So here's how it operates:

In accordance with Local Body Act regulations, the revenue department issues the ownership certificate for building licenses.

Before approving zoning, the state town planner consults with the planning board for city development and sends the plans to the other relevant local authorities for the NOC.

It is reported that almost 51 approvals are needed to construct housing developments in Delhi NCR, Haryana, Rajasthan, Punjab, and Maharashtra in order to install necessities like power, water drainage, connecting roads, etc.

3. Building Approval Is Required Before Work May Begin

It is the most crucial action. The building plan being approved. In accordance with the terms of Local Body Acts, Master Plans, and Building Bye Laws, a builder needs to obtain many approvals from authorities before building plans or licenses can be approved. The building plan and the layout approval for the structure's construction are included in the building clearance certificate.

1. A building plan is a schematic depiction of a project's or structures final appearance following construction. Before construction begins, a developer must submit it to the development authority. Building codes are complied with the means of building plans. After it is approved, the builder has two years from the sanctioned date to begin construction in accordance with the approved plan.

2. Approved Layout Plan: The approved layout plan follows the approved Floor Space Index (FSI) or Floor Area Ratio (FAR). Without layout clearance, any work on the land will be deemed illegal. The laws of the municipality may be enforced by the local authorities. Roads, sewers, and street lights are not going to be extended in these regions.

3. Intimation of Disapproval: Also known as an IOD, this document outlines the requirements that must be met at various stages of an Under Construction Project. It also goes by the name "Building Permit." Usually, these circumstances are separated into three sections:

(i) Right before construction starts;

(ii) Throughout construction;

(iii) Following completion of construction;

(iv) Commencement Certificate, which is the authorization from the local development authority to begin building.

A builder cannot lay the "Foundation Stone" or even erect a fence around a block of land if these two documents are missing.

4. Building Construction Clearance: Certificate Of Completion

It is required of a builder to obtain the Completion certificate upon completion of construction.

This certification is given out following the inspection procedure. It will guarantee that the owner or builder built the structure in accordance with the authorized plan.

5. Building Construction Clearance: Installation Of Services And Utilities

Additionally, the builder must obtain all necessary permissions from the relevant authorities for the use of water, gas, and electricity for both potable and non-potable purposes. Building codes must be followed during the construction of the building or project in order to receive clearance for these public facilities.

Additionally, the builder needs approval from the local authorities for drilling bore wells as well as the pollution board. For a water or sewer service to be approved, these two NOCs are crucial.

6. Building Construction Clearance: Occupancy Certificate

The final permission required by a developer is the Occupancy Certificate, or OC. Prior to using a building or any portion of a building for any purpose, authorization from the local body or authority is necessary.

Before granting the Completion-cum-Occupancy Certificate, the local body transmits the ideas to the various other interested authorities for a NOC. When it is reached, the structure is deemed ready for occupancy.

What Occurs If Work On A Building Is Approved But Not Carried Out?

Regarding approval for building construction, each state has its own set of norms and regulations. Authorities may impose any of the following penalties if you lack the required approvals:

Penalty: On February 7, 2021, it was announced under Section 12 of the Master Plan that there will be a Rs 5000 fine, six months in jail, or both.

Demolition: The property owner is responsible for covering the costs associated with tearing down a building that has been given a show cause notice by an authority.

Hold construction: An authority may halt building construction in the event that an act is violated.

Sealing: An authority may grant authorization to seal a building's construction in accordance with Section 31A of the Act.

How To Get Completion Certificate For Building?

A builder or developer may request the issuance of a completion certificate for their work after it is finished. The local development authority or Municipal Corporation, or another relevant local organization, shall receive the applications. The regulations won't provide the completion certificate until they have evaluated the construction.

How To Check Completion Certificate Online?

As the property owner, you can seek for a Project Completion Certificate from the local municipal body if the builder/developer has not yet received one.

Conclusion

Construction on a building requires the local authority's approval. If any of the aforementioned permissions are not obtained before beginning construction on a building, penalties or even execution may result. Section 12 provides for a sanction. Section 29 imposes penalties; failure to get approvals may result in fines of up to Rs 5,000, up to six months in jail, or both.

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7 Steps To Get Clearance For Building Construction

How Can Construction Of A Structure Be Approved?

What Occurs If Work On A Building Is Approved But Not Carried Out?

How To Get Completion Certificate For Building?

How To Check Completion Certificate Online?

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