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Building Permissions – Buyers Guide

Between the Year 1995 and Year 2013 there has been an exponential growth in the Real Estate Sector especially in Mumbai, Navi Mumbai and Thane. We have seen new locations come up and new developers come in. This new age of Developers have sprung up from a Mere 300-500 to around 2500 Very Small Investor Turned Developers, Small Single Building Developers, Mid Size Developers and large and Corporate Developers.

More, the development happening across Micro markets and more are the new rules and laws created for Development of the property and the same are undergoing changes every few months and years.

Here is a list of most of the aspects of Development, where in you can see the number of clearances required from time to time. You can see after reviewing this list, that New Developments coming may not be able to comply with these rules and in turn the delays as they need to go through their learning curve which is an expensive tutorial.

Process 1 – This speaks about when the Developer has bought the property and what all does he need to do to acquire and in turn when a buyer buys a property, what all he has to review.

1.1 MOU through which you acquired the property

1.2 Title search papers. Checking 7/12 utara and details of CTS plan. Copies of stamp duty payment /registration. Index of all the purchaser’s mutation Report. DP remarks.

KJP (Kami JastaPatra) / CTS / survey nos and verification of property card

1.3 Public notice in newspapers before purchase of property

1.4 ROC registration check

1.5 Check done with regards to Litigation as regards the said property

1.6 Copy of agreement with the vendor

Process 2: This is required prior to the Intimation of Disapproval (IOD) is issued by the Municipal Corporation for Development of the Land, Plot, Building as the case may be.

2.1 Demarcation of Plot (Fencing and Boundary)

2.2 Obtain property card in owners name

2.3 Urban Land Ceiling (ULC) clearance (Depends on the validity)

2.4 Check zone – whether it is Commercial, Residential or Industrial etc.

2.5 Redevelopment permission – This can also need permission from Mhada in case the property is being Redeveloped or any other authority.

2.6 DP remarks

2.7 Forest/ private forest – This totally depends if you are near National Park in Western Side, or Yeor hills in Thane and certain parts of Navi Mumbai.

2.8 Labour NOC

2.9 Highway NOC

2.10 CRZ NOC (1,2,3 or 4)- If the property falls in CRZ I or II.

2.11 Zone conversion

2.12 Amalgamation of property

2.13 NOC from MMRDA, if applicable

2.14 Survey of the plot to confirm the following:

a) Existing ground levels (w r t to THD)
b) Site elevation remarks
c) Sewage Line
d) Over Head (OH) Line
e) MTNL Line
f) Water Line
g) Road Level (w r t THD)
h) Soil Investigation Report

2.15 FSI related (a) Evaluation of existing FSI and Maximum usage / exploitation of plot (b) Type of additional FSI required / TDR arrangement etc and Loading the same

2.16 Broad evaluation of proposed project

2.17 Selection of architect (For BMC approval)

2.18 Approval of architect

2.19 Preparation of documents to be given to architect for submitting of proposal to SRA / MCGM

(a) Plan submission by architect

(b) Ownership document i.e. 7/12, 6/12, CTS plan, PRC and KJP

2.20 Selection of various consultants based on project
a) structural consultant
b) services consultant
c) design architect
d) environment consultant
e) aviation consultant
f) license plumber

2.21 Soil investigation

2.22 Receipt of IOD

2.23 Consent to establish (If applicable)

2.24 Special planning authority

2.25 Railway authority NOC

2.26 Heritage conservation committee

2.27 NOC for cessed property in island city

2.28 Public parking lot

Process 3: After the Process 2, compliance is required on receipt of Intimation of Disapproval (IOD) further to which,the Commencement Certificate, (CC) upto plinth Level is issued by the Authorities, the CC could also be received of the full building, but various other factors are required to comply with this. These NOC’s are most time consuming and typically add on to the costs.

3.1 SWD remarks

3.2 NOC / drainage approval from EE sewerage

3.3 NOC from HE

3.4 CFO, NOC

3.5 Traffic and co-ordination (if regular proposal)

3.6 NOC from mechanical and electrical

3.7 NOC from high rise committee

3.8 NOC from MoEF

3.9 Tree NOC

3.10 Appointment and acceptance of architect

3.11 Appointment and acceptance of site supervisor

3.12 Appointment and acceptance letter of structural consultant

3.13 Photocopy of licenses of all licensed consultants

3.14 Photocopy of license of site supervisor

3.15 MTNL NOC

3.16 Borewell permission

3.17 HE NOC 3.18 No due certificate from AEWW

3.18 NOC from AE (Environment) from debris disposal

3.19 CTS plans

3.20 PR card

3.21 DP remarks

3.22 Rain water harvesting system

3.23 Non-agricultural permission

3.24 DP road PRC on MCGM name, if any

3.25 Registered undertaking (RUT) for agreeing to handover set back area, if any

3.26 Indemnity bond for damages risk, accidents

3.27 Undertaking regarding no nuisance

3.28 Regular/ sanctioned / proposed lines and reservation to be demarcated through AE survey

3.29 Appointment of license plumber

3.30 NOC from assistant assessor and collector

3.31 RUT for not misusing stilt, pocket terrace etc

3.32 NOC from Reliance Energy

3.33 NOC from pest control dept

3.34 Insurance policy for workers

3.35 Janata insurance policy

3.36 RUT for not misusing basement

3.37 Certificate from structural engineer for complying requirement for earthquake design

3.38 Soil investigation report

3.39 Structural design and calculation with drawing by structural engineer

3.40 NOC from Airport Authority of India

3.41 Revalidation of ULC NOC, if required

3.42 Location clearance from police commissioner

3.43 NOC of PWD for theatre building

3.44 Labour license (to be taken by principal employer and handed over to contractor)

3.45 Submission of proposals with compliance to SRA / MCGM

3.46 Preparation of estimates

3.47 Preparation of execution plan

3.48 Approval of execution plan

3.49 Completing preliminary work before commencement of project

3.50 Batching plant approval, if necessary

3.51 STP approval, size, location & capacity

3.52 NOC from environment section

3.53 Street light remarks

3.54 Approval of road consultant design from road department

Process 4: Compliances after receipt of CC (Plinth level CC to full CC)

4.1 Award contract for construction

4.2 Statutory compliances for labour laws

4.3 Obtain Sanctions for:- a) temporary water connection (requirement of bore well, if any) b) temporary electrical connection c) temporary drainage connection, if required d) temporary structures

4.4 Excavation permission (royalty)

4.5 Checking of CC conditions and offsets

4.6 Arrange plinth level inspection

4.7 Plinth certificate from RCC consultant

4.8 Completion certificate from all consultants such as architects, licensed site supervisor, RCC, PMC, TPQA (third party quality audit) and peer review of RCC consultant

4.9 Application of Full CC

Process 5: CC to OC and compliances before applying for OC

5.1 Progress as per sanctioned plans

5.2 Review of project costs

To Comply with the following before applying for OC

a) RCC consultant’s stability Certificate & RCC plan duly pasted on canvas

b) Fire NOC by CFO

c) HE NOC

d) Lift inspector’s NOC

e) Electric inspector NOC (Permanent Power & Substation etc)

f) Sewage dept NOC / drainage completion certificate

g) Diesel generator approval and registration

h) Final tree NOC

i) STP environmental clearance

j) STP work completion certificate

k) HE specific NOC for hydro-pneumatic system

l) PWD completion for theatre bldg

m) SWD completion certificate

n) Dry fittings approval (water pipe related)

o) Terrace looping for water line

p) Submission of ‘P’ form parallel

Receipt of OC

1) Road digging permission for laying water pipe line

2) Water connection (certificate)

3) Handing over property to new owners

4) Demobilization

5) Closing accounts

a) Debris disposal receipt before submitting application for BCC 270

Permission from water department Receipt of Building Completion Certificate (BCC)

STAGE 6: Conveyance to new owner (documents required to apply for conveyance)

6.1 7/12 Abstract / CTS

6.2 Search report and title clearance certificate from advocate

6.3 Index II of earlier owner

6.4 Property card of earlier owner

6.5 Conveyance deed of earlier owner with the name appearing in the proper card / 7/12

6.6 Transactions and chain of documents pertaining to the same as stated in the title report

6.7 Development agreement duly stamped, if applicable

6.8 CC issued by MCGM

6.9 OC issue by MCGM + approved plan

6.10 BCC issued by MCGM

6.11 Proof of individual payment of registration fee

6.12 Original agreements executed by the builder with individual flat purchasers

6.13 Copy of IOD

6.14 Copy of previous Power of Attorney (if any)

6.15 ULC order, if applicable (normally under section 20 or 22)

6.16 Copy of list of NA Tax bill by the builder / land tax – collector documents that the builder will handover to the new owner

a) Original documents of title to the property

b) Property power of attorney

c) Architectural and structural drawings

d) Audited statements of accounts for the amount collected by the developer / builder

e) Handing over all statutory approvals in original

f) Property tax to MCGM ii) tax clearance certificate (Check if a certificate such as No Dues Certificate be obtained)

Process 7: High rise Committee (HRC) Checklist (if applicable)

7.1 Application form

7.2 Project personnel on record and contact information (Appendix-A)

7.3 Plot and geotechnical information (Appendix-B)

7.4 Conceptual location plan (1-3Km)

7.5 Architectural Set a) Site Plan b) All Floor Plans and FSI Calculations c) Elevations d) Sections

7.6 Structural a) Drawings b) Report c) Wind Tunnel Analysis d) Peer Review

7.7 DC Regulation clearance

7.8 Environment clearance

7.9 Soil investigation report

7.10 Shadow analysis

7.11 Airflow analysis

7.12 Traffic analysis

7.13 Water and waste water management plan

7.14 Safety and disaster management plan

7.15 Site summary report (To be made available at site at the time of Site Visit by technical committee for High Rise Building along with Site plan & all Architectural Drawings)

Process 8: Environmental Clearance (EC) Checklist – State Level Expert Appraisal Committee (if applicable)

8.1 Application Form consisting of Appendix A (form 1) and Appendix B (form 1A)

Key Inputs:

a) Basic information of project

b) Activity

c) Use of natural resources in project

d) Use, storage, handling and production of materials

e) Production of solid wastes during construction or operation or decommissioning

f) Release of pollutants or hazardous substance to air

g) Generation of noise, emission and vibration of light and heat

h) Risks of contamination of land and water from releases of pollutants into ground or into sewers, surface waters, groundwater, coastal waters or sea.

i) Risk of accidents during construction or operation of the project, which could affect human health or the environment

j) Factors which should be considered (such as consequential development) which could lead to environmental effects

8.2 Environment sensitivity

8.3 Environmental impacts

a) Land environment

b) Water environment

c) Vegetation

d) Fauna

e) Air environment

f) Aesthetics

g) Socio-economic aspects

h) Building materials

i) Energy conservation

j) Environmental management plan

8.4 Environmental infrastructure

a) Solid waste management

b) Waste water treatment

c) Green area

d) Rain water harvesting

e) Energy conservation measures

f) Water requirement

g) Sewer line and drainage line details

h) Details of the EMP

i) Disaster management plan

8.6 List of native trees suitable for beautification in garden / building premises

Stage 9: Building and Other Construction (boc) Workers Act 1996, Contract Labour (Regulation and Abolition) Act (CLA), 1970 and Maharashtra Contract Labour (Regulation & Abolition) Rule, 1971

9.1 Registration of principal employer owning the site (as per CLA)

9.2 Registration of contractors under contract Labour Regulation Act (as per CLA)

9.3 Registration of labour working at site by payment of Rs25 towards enrollment and Rs60 towards annual subscription. Total Rs.85 per labour (by the contractor) (as per BOC)

9.4 Maintenance of records together with the safety provisions as follows:-

a) Every worker must wear and carry gumboots, helmets, safety belts and hand gloves

b) Muster cum wages register

c) Minimum wage

d) Labour camp / accommodation

e) Drinking water facility. It should be at least 100 mtr away from Urinals

f) Toilets and urinals separate for male / female

g) Crèches

h) Provision of First Aid

i) Medical check up at regular intervals by Govt medical officer

j) Canteens (250 workers)

k)  Safety Officer

l) Identity Card for each

m) Fixing hours of work

n) Fire protection

o) Emergency action plans

p) Health and safety policy

q) Eye protection gear

r) Dust, Gases,  etc

s) Provision of Nets across the site

t) Appropriate, preferably metal scaffolding

Process 10: Public Parking Lot Checklist – Parallel activity at any stage of IOD, CC or OC (if applicable)

10.1 Proposal submitted to Road Dept, MCGM

10.2 Road Dept sends note to

a) Jt CP – NOC

b) CFO NOC

c) Bldg Proposal NOC

d) Urban Dept

10.3 Minutes approved on HPC (High Power Committee of MCGM)

10.4 UDD approves in principal

10.5 Sent to road department with remarks

10.6 LOI issued

Disclaimer –  (Data and information collected/compiled/illustrated through various books, notifications, articles on various BMC regulations, Architects, Consultants and in general). The details given here are subject to change from time to time by the respective authorities. The information provided here in is just basic information and should not be construed or reviewed as legal information etc.)

About Sandeep Sadh

Mumbai Property Exchange is promoted by Mr.Sandeep Sadh who has been in the real estate business since the year 1993 and has an experience in transacting in Residential Lease & Sale, Commercial Lease & Sale. The experience of transacting and having a practical approach at work in each segments of real estate has given Mumbai Property Exchange an edge over its competition.

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