Building NOC

NOC is the acronym of ‘No Objection Certificate’. That means that this certificate would indicate that no individual or organization has any objection on the actions of owner of this certificate.

NOC is a need nowadays, to proceed further in every action. For example, buildings need a NOC before commencing construction. NOC is also required when a person want to put a mobile tower on the roof of a house as there are chances that the neighbors might object on this action, in lieu of protection of any of such objections, NOCs come in handy. Another example is when a person earns from two companies simultaneously then NOC shall be provided from one organization to another stating that there is no objection in such action. Persons leaving a lease loft or rented apartment can likewise take no objection certificate from the landlord. This NOC can spare you from certain liabilities as well. For example, a person purchases a bicycle on credit having paid all the portions, a case is filed against that person for unpaid portions. This is where that NOC will make the person immune from any such allegations. When purchasing an old bicycle, NOC shall be taken since there are chances there may be credit on that vehicle and unpaid advance then the bank may take the vehicle from the person. The person may endure losses because of a simple mistake. 

NOC is the way to immune the person from any financial and legal losses. If any such situation arises and there is no NOC present as the body of evidence, it would be held against the person and that person cannot do anything at that moment.

For construction of building, a person needs to procure a building NOC which is a requisite to commence the construction of the building. Construction of a building need NOC which comprise of various approvals. Builder of a building are required to obtain these permits and absence of such requisite permits may result in penal actions and fines against the builder. The procedure for obtaining these approvals are explained hereunder.

To go through the procedure of obtaining building NOC, which is quite exhaustive, a person would need some requisite documents with him that would be needed in the process and unavailability of these documents would result in chaos and hassle for the person. These documents are as follows:

• Building plans through Building Authority (Consisting of the layout plan, form of supervision, site plan, analysis report, building plan) – two sets
• The building plans that shall contain all information according to the bye-laws
• Checklist with filled in questionnaire
• Model of the building
• A checklist duly certified by the architect
• Certificate of Building Stability
• Applicant Aadhaar card
• Photograph of the Establishment Building specifically taken from outside of the building
• Electric Wiring- Quantity and Completion Certificate from any recognized authority

• Land Title

As a first priority, a builder needs to find a clear land title or site. Clear title ensures that the land is clear, attractive and follows any costs or deductions made to that property and its current condition. It empowers the prospective buyer to understand the chain of possession, transfer upon a period of time and investigate any disputes on the holding of that particular property. It is best for the builder to buy the land first and then to start the project.

• Land Clearance

Urbanization has led to the transformation of agricultural land into non-agricultural land that is later used for residential and commercial purposes. In the event of such a situation it is the responsibility of the builder to obtain the approval of the relevant authorities regarding the conversion of agricultural land to non-agricultural land. Approval for a change in the land use of the property is required from the local body and the Minister of Urban Development (UD), where land use from the main plan / area plan (where the building is located) / land allocation letter must be changed (as equals not allowed / incomplete by master plan / plan zonal). The land use plan for the region will be announced by the UD State Ministry after the restrictions have been approved by the local body.

• Zonal Clearance

Once the developers have obtained land titles and approvals, they are expected to obtain a permit from the local authorities. Under the provisions of the Local Government Regulations it is the responsibility of the finance department to issue a building ownership certificate.

The state city prepares checks on city improvement and planning board and furthers the proposal to as many other relevant city officials as is required to issue a clear consent / NOC prior to approving the design approval. According to data collected by the CII on the general approval required for most of the housing projects in Delhi, Haryana, Noida / Greater Noida, Rajasthan, Punjab and Maharashtra, it is clear that according to the accompanying table, 51 permits are needed for housing projects water, road junctions, and so on. 

• Building Approval

The next section requires approval from the authorities to approve building plans / building licenses under the Building Byelaws, Master plan and Local Body Act. Building approval includes a building plan and approval of a building structure format.

• Building plan

The manufacturer should install the construction plan before embarking on the development activities. The construction plans clearly state how the building will look after development. The construction plan ensures that the building complies with building codes. Once the building plan has been approved, the builder shall commence the development work within two years and there should be no deviation from the approved plan.

• Layout Approval

The developer needs to obtain approval for the design plan of the relevant professionals before commencing the construction of residential or commercial buildings. The Certified Planning Program is compliant with an approved FAR (Floor Area Ratio) or FSI (Floor Space Index).

The construction of a building in an unauthorized format will not be permitted to be occupied or such premises will be considered illegal and moderate penalties will be required in terms of By-laws. Land that has been subdivided into plots without permission is considered an illegal or unauthorized format. Utilities such as roads, water, and lightning will not be provided in such areas. No offices, for example, roads, open space, street lights will be available in those areas.

• Imitation of Disapproval

The imitation of the disapproval or IOD basically means the conditions that must be followed at different stages of the Ground Construction Project. The imitation of the prohibition in certain areas is also known as the Building Permit. These situations are often divided into 3 categories:

1. Immediately before the start of the development work
2. During construction
3. After construction is complete

• Completion Certificate

After the development is completed, the Completion Certificate is a building obligation before selling the property. A certificate of completion is issued after the investigation process. The issuance of a Certificate of Completion will ensure that the builder or owner of the building has built the building in accordance with the approved plan. 

• Installation of Services and Utilities

The developer must obtain permission from the relevant authorities for energy, gas and water for non-perishable and non-renewable energy. The building must comply with the building codes for approval or approval of basic services. NOC from the waste board is also required. The builder needs to get the NOC in the region or the right drilling authority properly. It is necessary to allow sewerage or water supply.

• Occupancy Certificate

A Residence Certificate is required from the local body/authority prior to the control of a building or part of a building for any reason. The local body submits recommendations to various concerned professionals in the city as required in order to issue a clear case / NOC approval before obtaining a Completion-cum-Occupancy certificate.