We are experiencing new trends in the development of the real estate sector due to technical upgradation and infrastructural development in India. Today, you can access, explore, compare, and invest in a wide range of real estate products and property portal that meet the personal or professional needs of a buyer. However, a builder or even an ultimate buyer must get the clearance for the building construction from the authorities.
If you don’t get prior approval from local authorities, it may cause serious trouble in the future. You may have to pay a fine, which may also call for legal trials for misconduct and misrepresentation. If you don’t have any idea about these government approval certificates, visit an authentic online property portal and get all the latest updates. Every individual must know about these legal documents. Never own or do construction on a piece of land without the approval.
7 Steps To Get Clearance For Building Construction
Every buyer wishes to have a seamless property buying experience. People prioritise purchasing a property from a well-known builder or a property portal. These big brands keep all the legal work done beforehand. They don’t want to face any legal issues in the future, so they prefer investing through a systematic channel. Let’s discuss those seven important steps that are needed to get clearance for building construction.
1. Land Title Clearance
It is the first essential certificate that a builder needs to acquire if he wants to develop a real estate project. The land title clearance ensures that the property is clear, marketable, and meets standard norms suggested by the authorities. It also clarifies if the property is clear of any taxes or past liabilities. You can also cross-check for the previous owners, and how many times the property has been transferred to different names. You can also verify if there are any past disputes on the land or property. A buyer can ask for an Encumbrance Certificate from the sub-registrar. EC will help you cross-check for the legal ownership of the property, and other related facts.
2. Land Clearance
Approval and certification are required from the state Ministry of Urban Development. This approval is essential in the case of agricultural land to be converted into non-agricultural land. If a developer or a builder wants to develop a commercial complex or a residential society on the agricultural land, they need to obtain land clearance from the local authorities.
3. Zonal Clearance
The zonal clearance from the local authorities is necessary to take before any building construction. It is suggested that nearly 51 different types of zonal approvals are required for connectivity, drainage, electricity and water service to build residential buildings in Delhi/NCR, Haryana, Maharashtra, Punjab, and Rajasthan. The state town planning department cross-checks with the planning board for the city development, and issues NOCs to different local authorities.
4. Building Approval Clearance
The builder or developer needs to obtain building approval clearance from the local authorities. Under this certificate, several legal aspects need to be verified. The Building Plan, Commencement Certification, Intimation of Disapproval, and Layout Approval are required before initiating the building construction work. In the absence of this certificate, the constitution will be considered unlawful, and legal action can be taken against such a constitution.
5. Completion Certification
A completion certificate has to be collected by the builder or the owner from the local authorities after the completion of a building construction. This certificate will ensure that the building is developed as per the approved plan.
6. Services & Utilities Installation
The builder or developer needs to get the approval for services and utilities installation for potable or non-potable use before initiating the construction process. The urban amenities like electricity, gas, water supply, etc. They also need to get additional approval from the pollution board for digging the bore wells, sewerage, and water supply.
7. Occupancy Certificate
The last but not least approval required from the local authorities is the OC (Occupancy Certificate). Once the construction is completed, the builder is required to get the Occupancy Certificate before occupying any part of the constructed building. The local body asks for NOCs from different concerned departments, and after receiving clearance from every department they issue the certificate.
Legal Actions Against Failure In Getting Clearance For Building Construction
Every builder or owner must get all these approvals before starting any building construction. However, in case of a failure or misleading, some strict legal actions are taken by the local authorities against the land owner.
· Demolition
The ultimate action taken by the authorities in case of failure in providing all the above-mentioned certificates is the demolition of the building or property. After the detailed inspection, if the builder is found guilty of misconduct, the property will be considered illegal, and appropriate action will be taken.
· Hold On Construction
The authorities have the right to hold up the construction process of a building if the required approval certificates aren’t furnished by the builder. The hold can be removed once the documents are submitted to the concerned authorities.
· Penalty
The strict penalty of ₹5000, or the imprisonment of at least 6 months is given as a punishment to the builder or owner. However, the penalty amount and imprisonment duration are subject to the latest changes in the Act.
· Sealing
In an extreme case, the local authority has the right to seal the constructed property if the required certificates are not submitted to the concerned authorities.
Conclusion
If you are planning to invest in 3BHK flats in Zirakpur, you need to get all the essential certificates from the local bodies. Make sure, you get all the certificates before buying the property. These legal documents will help you to cross-check the title of the ownership, no. At times, ownership is transferred, if any taxes or dues are pending, and other related aspects. It is always recommended that one should purchase a property from a genuine realtor to avoid any challenges at the time of property purchase. If you have doubts or queries, please get in touch with our experts.
