The building construction must undergo various proceedings and obtain different building plan approvals from corporation government authorities, to get complete.
- The builder selects the location plot and negotiates with the landlord about the terms and conditions for the purchase and development of the said plot.
- A legal advisor should be appointed to get the search report and investigate for title clearance, zone, U.L.C. details, etc.
- After getting the green signal from the advocate, an agreement for the sale (sathe khat) should be executed by paying a part of the purchase cost and fixing the further modes of payment.
- Power of attorney should be obtained from the landlord, in the name of the builder, through which he is empowered to develop the land by constructing a building of tenements.
- The power of attorney gives him the power to sign the documents and submit plans for approval.
- Some legal documents discussed here, require to be verified before purchasing the flat.
- The title clearance certificate from the advocates.
- The agreement for sale between the landlord and the builder.
- Plan from the town planning authority.
Government authorities have divided the land into various zones based on their use, as given below
- Residential zone
- Commercial zone
- Service industries zone
- Industries zone
- Hills and hill slopes zone
2. U.L.C. (Urban Land Ceiling)
- The object of the U.L.C. act is to fix a ceiling vacant land in an urban area and facilitate the acquisition of such excess land of ceiling limit and regulate the construction of buildings on such land.
- According to the urban land ceiling act, permission must be obtained for the developing of land from the urban land ceiling department.
- U.L.C. limit means retainable land to be kept by the landholder and the remaining portion is be declared surplus.
- The limit for urban land ceiling varies from city to city.
- An official U.L.C. order should be obtained for surplus excess land.
- U.L.C. order means that after deciding the ceiling case, the area of retainable land and surplus land will be determined by the competent authority. The Government can exempt surplus land and allow the construction of flats under certain conditions.
- Application for N.A. cannot be made without U.L.C. order.
3. N.A. (Non – Agriculture)
- According to the prevailing rules and regulations, construction is not allowed on agricultural residential building land.
- Hence application for N.A. use should be submitted to the concerned authority with the necessary papers and N.A. charges, as applicable.
- No building construction is allowed without a grant of the N.A. use certificate.
- N.A. permission can be granted by the collector or the appropriate authority.
- The demarcation of the land is done by the city survey.
- An application should be submitted along with the latest 7/12 extract, property register card, and a copy of the power of attorney.
- The date and time are given by the city survey office for the measurement of the plot.
- The notice should be given to adjacent property owners by the city survey office for attending at the time of measurement.
- The owner should be present at the time of measurement and extend all required help by supplying laborers, lime powder, flag, etc. at the time of actual measurements.
- The approved demarcation plan is then received with the stamp and seal of the office.
PREPARATION OF BUILDING PLAN FROM ARCHITECT
The architect should also consider side margins, the height of the building, permissible coverage, basement, etc. These rules may vary from place to place and from authority to authority. The Architect has to prepare the plan considering the requirements of the client and conforming to the minimum specified requirements of the sanctioning authority.
RULES OBSERVED FOR BUILDING CONSTRUCTION FROM ARCHITECT
- Plinth area of the ground floor should not be more than 1/2 to 1/4th of the plot area.”
- Building margin from plotlines should be minimum of 4.5m away from the front main road, 3m set back from rear and side boundaries.
- All rear and side set back margins to depend on the height of the building.
- The minimum area of each room should be 9.5 sq.m. with a minimum breadth of 2.4m
- At least one wall of each room should be the external wall of the building.
- The minimum area of the kitchen should be 5.5 sq.m. with a minimum breadth of 1.8m.
- The minimum area of kitchen-cum-dining should be 9.5 sq.m. with a minimum breadth of 2.4m.
- The minimum area of the bathroom area should be 1.8 sq.m. with a minimum breadth of 1.2m.
- The minimum area of W.C. should be 1.1 sq. in. with a minimum breadth of 0.9m.
- The minimum area of the toilet (W.C. + bath) should be 2.8 sq.m. with a minimum breadth of 1.2m.
- The minimum height of W.C., bath, and toilets should be 2.2m.
- Openings for ventilation should be a minimum of 0.35sq.m. with one dimension of a minimum of 0.3m.
- All lofts should be 2.2m above the floor level.
- Sufficient parking areas should be provided.
- The area of windows and ventilation of each room should not be less than 1/8th of the area of that particular room.
- The height of the parapet wall of the terrace should be between 1.05m to 1.2m, above the finished terrace level.
- The height of the compound wall should be calculated from the center of the road and 1.05m above it.
- The compound gate should always open inside. One flight of the staircase should be a minimum of 1m wide with a tread minimum of 0.25m and a riser maximum of 0.18m.
- The headroom above the landing should be a minimum of 2.2m.
- Water requirements should be calculated with the assumption of 5 persons per tenement and 136liter/per day per person, and accordingly, O.H.W.T. should be designed.
- If the building height exceeds fire-fighting the system is required.
BUILDING PLAN APPROVALS SANCTION FROM CORPORATION GOVERNMENT AUTHORITIES
When the plan is prepared as per the rules, four copies of the plans should be submitted along with the following drawings.
Building a layout approval plan from the development planning department (necessary for big projects) has to be obtained. This plan will show the total layout, location of various buildings along with the area left as open space, garden, road, etc.
Building permission from the building control department has to be obtained. These drawings show the flat arrangement, flat area, tenement proportion, commercial and residential proportion, doors, windows openings, passages, staircase building, etc. This plan should be as per the D.C. (Development Control) rules to obtain permission.
For approval, the following documents are required to be submitted along with the plans.
- Copy of 7/12 extract, property registered card of that land.
- Demarcation drawing of the land from the city survey department.
- Urban Land Ceiling (U.L.C.) office ance, if applicable.
- Property Tax Clearance Certificate.
- Power of Attorney from the landowner to the builder-developer.
- Development charges and security fees to be paid, as applicable.
- Other documents, if required by the Authorities.
- When the work up to the plinth level is complete, the concerned authorities should be informed on a prescribed form to check the work up to the plinth and setbacks.
- The plinth checking certificate is then issued. Only after obtaining this certificate, further construction work of building can begin,
- For issuing plinth checking certificate following points are checked.
- Side front-rear margins distance from plot boundary, Height of plinth from road level.
- Measurement of the periphery of the building and other details, as per the approved plans. Measurement of ducts inside the buildings.
- All these distances should tally with approved building drawings.
The drainage work should be carried out simultaneously with the building work. All plumbing and sanitation (drainage) drawings should be prepared by a consultant or by a licensed plumber. Approval from the concerned authority should be obtained before starting the actual drainage work.
- One certified copy of the approved plan.
- Three copies of the plan showing all the detail of the material used, invert levels, sizes, and locations of the chamber, a newer chamber or septic tank details, Connections of drain system or public drainage with location, internal plumbing arrangement, etc.
- Latest commencement certificate.
- Tax clearance certificate.
- Development charges or colony line work as applicable.
- The plans are scrutinized and approved with changes, (if any).
- Complete the work according to this approved plan.
- The flat shop should be complete in all respects, for which the completion is demanded.
- Access to the flat shop is complete in all respects.
- Supply of water to the flat.
- The drainage system from the flat to the public drainage should be complete in all respect and be in a working condition.
- N.O.C. from the drainage water road department.
5. N.O.C. FROM VARIOUS DEPARTMENT
- Drainage completion (N.O.C.)
- Road completion (N.O.C.)
- Water connection (N.O.C.)
- Encroachment department (N.O.C.)
- Lift work (N.O.C.) from P.W.D., (if applicable)
- Fire fighting system (N.O.C.), (if applicable)
- U.L.C. (N.O.C.) etc.
- For issuing the completion certificate, The architect should inspect the work for
- Completion of the work as per approved plans.
- Satisfactory workmanship.
- Type and grade of the system, such as drainage system, water supply system, lift.
- fire fighting systems etc.
- If all the conditions mentioned on the plans are complied with or not.
- All the fittings and fixtures should be fixed and the final touch-up, (if any), should be attended to for all internal roads and other developments. The lift and fire fighting system should be in working condition.
- All the N.O.C.s should be obtained.
- Architect Engineer Structural the engineer should submit the completion report to the Municipal Corporation concerned authorities, certifying the workmanship, the material used, and completion of the work, in accordance with the construction rules.
- Along with the report, the Architect should submit three copies of the complete plan.
- He should also certify that the building is ready for occupancy and request to arrange for the occupancy certificate from the concerned authorities.
- This certificate issued by the Municipal Corporation concerned sanctioning authority.
- After receipt of the completion certificate fry. the Architect, the said completed works inspected and verified by the Municipal Corporation concerned authority.
- After confirmation, the permission for occupancy of the building is granted and turned as an “Occupancy Certificate”.
- Occupancy certificate may be for part full completion work of the building.
TAX ASSESSMENT OF INDIVIDUAL BUILDING FLAT
- List of members.
- Area statement for various flats.
BUILDING ELECTRICITY SUPPLY AND IT’S FORMALITIES
The sanctioning authority for this procedure is the electricity board. The approval procedure is divided into two parts
- Getting the load actioned for the complete scheme.
- Getting the electricity light meters for the individual flat owners.
- Application on the prescribed form should be submitted, duly signed by the purchaser to the electricity board.
- These forms are normally submitted through the builder, along with the allotment letter.
- According to the load and appliances to be used, a single-phase or three-phase meter should be demanded.
- Photocopy of a nearby consumer’s paid light bill should be attached, along with the application.
- After verification, the electricity board issues the firm quotation (F.Q) in the prescribed form which includes the amount to be paid for.
- Fixed service line charges (S.L.C.)
- Additional service connection charges
- Distribution board charges
- Security deposits
- Agreement fees
- Other (to be specified)
With an increase in the number of tenements, the total requirement of the load also increases. It should be sanctioned by the electricity board.
Generally, if the building area exceeds 5000 sq.m.the load exceeds 50KW/if the extra load is not available in a particular location, then a separate transformer is required for the electric supply of the project.
The transformer should be installed on the premises, as suggested by the electricity board. The said area is to be handed over to the electricity board on a lease basis. The formalities to be completed by the builder-developer are as follows
- Application on the prescribed form.
- Site plan showing the proposed location of L.T. room and transformer plinth.
- Consent letter from builder power of attorney holder for constructing LT. room and transformer plinth.
- Copy of latest 7/12 extract.
- Lease deed between electricity board and builder.
- Copy of the power of attorney.
- Tax clearance certificate.
- The Latest paid the bill of the existing electrical meter.
- Approved drawing set.
- Full load demand letter considering.
- Flat-wise floor-wise details of load.
- Common lights, lifts, pumps, garden, staircase, etc. load requirements.
- The layout of internal cabling work up to the feeder pillar and to each building.
- After submitting all documents to the electricity board, the S.L.C. (service line charges) for providing the power supply is worked out by the electricity board.
- The electricity board sends a letter to the builder, stating S.L.C. to be paid.
- After payment of S.L.C., all civil work of the transformer plinth and L.T. room should be completed by the builder, as per the electricity board’s requirements.
- The application for installing the transformer and supply of power should be complete.
- After verification of the L.T. room and transformer plinth, the transformer is installed by the electricity board.
- Testing reports from the electricity board inspector for satisfactory work of transformer and cabling should be issued.
- Charging of transformer and power supply to the project.
- After charging the transformer, the following procedure should be followed –
- Application on prescribed form for the electric meter on the individual’s name.
- Allotment letter from the builder for Individual flat holder.
- F.Q. (Firm quotation) to be received from the electricity board.
- Test report from an electrical contractor to be submitted to an electrical board for satisfactory and safe working on internal electrical wiring.
- After the necessary payment as per F.q. delivery of electricity meter from the electricity board.
- Electricity meter fixing with necessary fixtures for the individual flat owners.
- On completion of the building, the builder should hand over the building to the purchaser, either by forming an apartment or society. The apartment can be formed for any number of members, while for the formation of a society, a minimum of eleven members is required.
- An application by the chief promoter (usually the builder) should be submitted to the registrar of the co-operative societies of the respective jurisdiction.
- The latest 7/12 extract, agreement of sale, power of attorney, list of the members, bye-law book duly signed, etc. should be submitted along with the application.
- The application is submitted along with 2 or 3 suggestive names for the society.
- Saving account in the approved name of the society should be opened and the share amount collected from the members, to be deposited in the bank.
- Along with the application, a general stamp paper should be submitted to the registrar of the co-operative societies.
- Registration should be executed on stamp paper.
- Registration certificate, along with the registration number is then issued to the society.
- After receiving the certificate, shares should be allotted to the members.
- The chief promoter (the builder) withdraws his name and the chairman, secretary, and treasurer are elected in the general body meeting.
SALE-DEED OR CONVEYANCE DEED
- This is the tripartite agreement through which the land and the building is transferred to the society. The three parties involved are the landlord as the owner, the builder as the consenting party, and the Society buyer.
- According to the rules, this agreement is registered by paying the appropriate stamp duty. The sale value of all the flats is the cost of the sale deed.
- As many legal and other formalities are involved, it is always better to appoint a legal adviser to complete all formalities.
- The sale decd is to be executed in the presence of a sub-registrar and all three parties are required to be present at the time of execution.