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Navigating Permits and Approvals in Indian Real Estate- A Comprehensive Guide

03-09-2024

Comprehensive Guide

When developing a real estate project in India, securing the necessary permits and approvals is a critical step. This process ensures that your project complies with local regulations and standards. This blog provides a detailed breakdown of the permissions required, the documents needed, and the approval process involved. Note that the information provided may vary depending on the municipal jurisdiction within India. This guide specifically focuses on the process followed by one of the Municipal Corporations in Maharashtra.

1. Determining the Appropriate Authority

  • Municipal Corporations: If the land is located within the jurisdiction of a municipal corporation, all permissions must be obtained from the respective municipal office.
  • Gram Panchayat: For land outside municipal boundaries, approvals must be secured from the town planning department, often through the Gram Panchayat.

2. Required Documents for Building Plan Approval

  • Property Card: A crucial document that provides details about the ownership of the land.
  • Land (Plot) Map: A land plot map outlining the boundaries and dimensions of the plot.
  • Development Agreement and Power of Attorney (POA): Necessary in joint venture developments to ensure the developer has the legal authority to act on behalf of the landowners. (For more details on Power of Attorney, refer to another blog.)
  • Architectural Layout/Building Plan: A detailed architectural design of the proposed construction, which must adhere to local building codes and regulations.

3. Additional Considerations

  • Amalgamation Approvals: If your project involves the amalgamation of two or more plots, you must first secure amalgamation approval. This is especially crucial for large developments spanning multiple properties. (The detailed process of Amalgamation or Subdivision of the property is explained in another blog.)

4. Additional Certificates

  • RCC Designer Certificate: Required for the structural design of the building.
  • Fire NOC: Necessary if the building height exceeds 24 meters or if the project is entirely commercial.

5. Approval Process

  • Multi-Level Sanctioning: The building plans should be submitted online on the Municipal Corporation's web portal and reviewed through four levels:
    • Land Inspector (Bhag Nirakshak): Conducts a site visit to verify location and other details.
    • Assistant Town Planner: Reviews the plan for compliance with local regulations.
    • Town Planner: Further assesses the plan's viability and adherence to broader planning guidelines.
    • Chief Officer: Provides the final review and approval.
  • A similar process is followed for Gram Panchayat plots; however, the final approval is granted by the District Town Planner. The entire approval process typically takes between 2-3 months, depending on the efficiency of the municipal or district authorities.

6. Post-Approval Requirements

  • Commencement Certificate: Issued by the municipal authority, this certificate allows construction to begin.
  • Water and MSEB Permissions: Post-approval, you need to secure water and electricity permissions from the respective offices.
  • Plinth Certificate: A plinth certificate is required after the foundation work is completed.

7. Completion Certificate

Upon project completion, the developer or owner must apply for a completion certificate, confirming that the construction complies with all approved plans and regulations. To obtain this certificate, several key approvals and documents are required, including:

  • Lift Certificate: Obtained from the Public Works Department (PWD) office, ensuring the building's lift installation meets all safety standards.
  • RCC Drawings: Reinforced Cement Concrete (RCC) drawings detailing the structural design of the building.
  • Stability RCC Certificate: A certificate from the RCC consultant confirming the stability and safety of the building's RCC structure.
  • Architect Certificate and Final Plan Drawings: The architect must provide a certificate along with the final plan drawings, reflecting any changes made during construction.
  • Sanitary Certificate: This verifies that the sanitary systems are properly installed and functional.
  • Electrician Certificate: A licensed electrician must certify that all electrical installations meet safety standards.
  • Rainwater Harvesting Certificate: Certifies that the building has a functioning rainwater harvesting system.
  • Tree Plantation Certificate: Documentation proving that tree plantation requirements have been met, including photographic evidence.
  • Solar Certificate: If applicable, a certificate confirming the installation of solar power systems.

After gathering all these documents, the final completion certificate is issued by the same officers who handled the initial building plan approvals. The process typically takes around 1-2 months after submitting the final documentation.


Nishka Group