The process of sanction of the project and approval of the building plan for any construction related activity is controlled by the local urban planning body and in most cases the municipal body of the particular city. In some cases specialized development agencies have been created under law who accept the application for the sanction of a particular project, scrutinize the same and then issue the sanction based on the guidelines of the master plan, building bye laws and the other aspects of planning. The steps involved in the sanction of the project may be enumerated as under:
Getting the approval of the township or colony from the state urban development authority as per the parameters of its landuse policy, zonal plans etc.
Getting the lay out plan of the area sanctioned or approved by the local authority based on the guidelines of the local urban planning body or the municipal body.
Getting the go ahead or NOC from the landowning agency
NOC from the Airport Authority, Military Authority, Naval Authority for the project in terms of height clearance, location etc of the project.
NOC from the forest department or any regional authority which controls the developmental activities of the area.
NOC from the pollution control board of the authority based on the size of the project which is often called the “consent to establish”.
Getting NOC from the fire department regarding the fire safety measures propsed to be taken in the project.
Getting the building plan sanctioned which includes the floor plans of the building in accordance with the allowed Floor Area Ratio or the FAR as we call it.
Getting the sewer , water connections sanctioned and installed as per the norms
Getting the lift erection plan approved and getting the lift license after the completion of the erection of the lift.
Getting the NOC for the electrical sub station HT/LT as the case may be.
Getting the completion/occupation certificate (CC or OC) from the local building authority which certifies the building safe for human habitation.
Getting the permission for sale/lease of the property from the landowning agency if applicable.
Any area is categorized as urban or rural on the basis of the enlistment in the census of India which adopts the parameters for classification of an area as urban or rural. With the inclusion in the urban area, the classification of towns, cities, metropolitan cities etc begins which is mainly based on the size of the population. With the grown of the size of a city the value of the land vis-à-vis property increases as land becomes a scarce commodity in the city areas and more specifically in the city business areas which we often refer as Central Business District or CBD areas.
The first and foremost important aspect with urbanization of an area is the change of landuse of the area, it becomes non agricultural, residential or commercial from agricultural thereby attracting different set of laws on the same land after urbanization. Town and Country Planning Organization or the TCPO and the states urban development authority draw the basic plans for inclusion of any area from rural to urban areas which are of course carved out from the adjoining or existing rural areas. With the demarcation of TCPO, the state government formally issues a CDP or the comprehensive development plan for the said area based on the requirements of the region. The area can be developed as a city with residential areas or the Residential Zone(R Zone) or a Commercial Zone, Industrial Zone, Export Zone and so on so forth. Based on the plan document issued by the concerned state government the land use of the area is determined. In most of the cases the state government issues a master plan keeping in view the perspective planning of the area which determines the plans for development of the area in future. The master plan is a planning document which contains zonal plans for different zone of the area which are duly planned and the landuse, development pattern etc is determined in advance by the state government based on the guidelines issued by the TCPO.
With the formulation of the master plan the landuse of the particular area is decided and the state government through the local bodies starts the development process of the area during that process the land is mostly acquired and developed as per the planning document and then allotted, sold or leased out to the people as per the planning. If the planning is for R Zone then the entire land is developed as per the requirements of the residential area with parks, roads, markets, schools, hospitals and other facilities which are strictly controlled by the government. The residential areas are either sold as plots or granted to some organization for development as residences which can be plots, houses, flats, multistoried apartments etc. Initially this was all done by the government bodies but with time private parities including the land developers, colonizers, builders, housing societies etc have been assigned this work in an attempt to off load the liabilities of the government organization. With the induction of the private players, the investor’s role sets in which is often derived by profit and in most of the cases quick profits by ignoring or violating the law of the land and the guidelines. Since the enforcement and implementation of the provisions related to development, construction etc is very low, the private players often violate the laws to earn more and more profits which ultimately creates a mess in the entire development process.
The development process for any area is mainly guided by the master plan of the area or the stipulation of the local bodies like municipalities, corporation etc. The zones earmarked for development are to be strictly developed in accordance with the planning documents. The buildings in the area are to be constructed strictly in accordance with building plans approved which are in accordance with the Unified Building Bye Laws or the BBL as we call it. The extent of construction, the height, etc are determined and the builder is allowed to construct the building as per the said plan which is often referred to as the Sanctioned Plan or the Building Plan. The entire set up of regulatory bodies and laws are very complex and unclear on various issues thereby creating confusions. The issue regarding applicability of various types of laws on various types of lands is basically area specific. The number of bodies involved in regulating and sanctioning are involves which makes the entire scenario so complex that even the legally trained brains are twisted in dealing with such issues. Some of the broad compliances required for a residential townhouse, colony, society, building, and project for residential apartments are enumerated hereunder which can give a better idea about the entire scenario.
This entire set up the further complicated with the difference in the applicability of different set of laws which are area specific and call for the interpretation in accordance with the local legislations. In different state we have different tenancy laws for the agricultural areas as well as for the residential area. The applicability of tenancy laws in urban areas and more specifically the metropolitan areas creates a very complex scenario regarding the tenancy and ownership rights of the properties. In cities like Mumbai, Delhi and Calcutta we find different set of residential tenancy laws which govern the areas.
OBTAINING THE SANCTION OF THE BUILDING PLAN:
• Submitting the ownership documents pertaining to the land in question with the copies of all the title documents in support.
• Getting a detailed drawing for the proposed sanction be prepared from any authorized architect in accordance with the existing building bye laws and FSI norms.
• Getting the approval of the drainage plan, plumbing plan, electrical plan etc as per the norms.
• Getting the certificate related to commencement of the construction activity and commencing the construction at the site.
• Getting the clearance through submission of form A, B, C, D of the Building Bye laws from the local authority showing the completion of the stages of construction at the site.
• Getting the Occupancy Certificate (OC) from the local authority after completion of the building.
• Getting the electric connection for the premises based on the construction.
• Getting the sewer connection for the building.
• Getting the water connection for the building.
• Getting the compounding of the extra coverage area after depositing the compounding charges and getting the constructions regularized from the building department of the local bodies.