Anonymous
Asked December 05, 2016

Legal procedure to get building permission

  • 2 Answers
  • 24200 Views

Hello Sir, This is sai kumar from Hyderabad my parents purchased 120sq yards of land in year 1982 and constructed house in year 1993 as of now we completed with 1st floor and some ground floor renovation is going on. Recently I was going through my land documents and to my suprise i did not found any building permission document My parents are uneducated and have zero knowledge on building permission. They thought layout is enough for constructing the house. Now am grown up and looking into the issue for best possible solutions. Below are the details regarding my issue. 1. Land was purchased in 1982 with confirmed layout and it comes under GHMC ( Greater Hyderabad Municipal Coorporation) 2. My area comes under FTL ( Full Tank Level). 3. Constructed G+1 building. From 1993 to 2014 we had only ground floor. In 2015 we started 1st floor and construction was completed. 4. Paying Tax from 1994 have all bills and documents regarding. NOW I NEED BUILDING PERSMISSION FROM OUR LOCAL MUNICIPAL AUTHORITY. > How do i get the permission from municipal office ? > Whom do i approach ? > What are things and precautions i need to take care ? Thanks in Adavance. Sai Kumar.

Answers 2

Firstly, I would like to tell you that the objective for building permits (also known as building permission) is to make sure that the buildings are constructed while keeping in the mind, the minimum standards and safety measures taken during the construction of the building. But this mostly avoided by the contractor (for construction) when they know they are not complying and when the owner want to evade the possibility of incurring more expenditure. 

 

For you to get building permit you need to follow following steps - 

 

1. You must get the clearance on the land title of the property your parents have purchased and status of the property if it attached with any encumbrances or charges, etc. 

 

2. Then you will have to make sure that the land was not purchased for urbanization of agricultural land; if so and further that the land is used for non-agricultural purpose such as residential or commercial purpose then you have to land clearance from local authority and the State Ministry of Urban Development. 

 

3. Next comes the Zonal Clearance, it is to be received from the local authority. The ownership certificate for building permits are given by the revenue department in compliance with the Local Body Acts. 

 

Since in your case, you had already built the ground plus first floor, you would approach the authority that it has not been finished but make sure that you do not try cheat them. You can also plead that your parents were not well aware of the procedure. Zoning requires that the state planning ensures that the city development along with the recommendation of planning board and the concerned bodies that the building is in compliance with the rules and there must be proper clearance before granting zoning clearance. So if your building is exceeding the required amount of building then it has to be removed. 

 

But if your zoning review went okay then you got to submit the plan if you do not have a plan, kindly approach an Architect. It should be according to the said requirements. Also, the inspection on foundation, footings, the framing, electrical, mechanical, etc are necessarily done depending upon the prerequisite requirements. The inspection can involve digging the ground back for foundation and drainage system. Similarly suitable measures can be taken to ensure that the electrical and mechanical work are done accordingly. If the authority finds that there is something missing, you are required to do the correction. In worst case scenario, the building official can declare that the property inhabitable until the corrections are made. 

 

 

4. Building Approval includes Building plan and Layout approval. Building plan involves the graphical representation of the building which must be in compliance with the building laws. The builder cannot deviate from the building plan. Next, comes the Layout approval which must be approved as per FAR (Floor Area Ratio) or FSI (Floor Space Index).

 

Constructing building on unapproved layout, the builder has to pay penalties as notified by the Municipal laws. Such construction would be held unlawful and be declared inhabitable. Any sub-divisions of plots are impermissible. And further, no facilities such as roads, drainage, street lights will be extended in such plots. 

 

Intimation of Disapproval which is need to followed during three stages - before the construction begins, during the construction period and lastly, after the construction is completed. The commencement certificate must be furnished before the construction commences from local development authority. These two are essential to set up the foundation stone and build boundaries. 

 

5. Completion Certificate must be furnished compulsorily after the construction and it must be before selling off the plot. It is only granted when the builder has complied with the building plans which were earlier approved. 

 

6. Approval for basic amenities like electricity supply, water supply, etc from the concerned authority. To get NOC from local authority to dig bore wells. 

 

7. Lastly, the occupancy certificate to be furnished from the local body before occupying any part of the plot or building. 

 

This way all your problems can be solved but you will have to penalties since the layout has not been approved and no building permission was given. It is better for you to approach an Architect as he/she might be able to devise a better plan with is in compliance with Hyderabad Building Permission rules.

Answered By Madhavi Horo, Lawfarm Researcher

 

 

Agree Comment 0 Agrees almost 4 years ago

You can refer to the following statutes for help-

 

Hyderabad Municipal Corporation Act 1955 –

1. As per the provisions contained under Sections 428 & 433 of Hyderabad Municipality Corporation Act i.e the HMC, 1955, every person who intends to construct a building or intends to make additions or alterations to an existing building shall obtain sanction from the Commissioner, Greater Hyderabad Municipal Corporation i.e. the GHMC, who is the executive authority. Once sanction is accorded, work has to be executed strictly as per the sanctioned plan without any deviations/contrary to provisions of HMC Act duly giving commencement notice in the prescribed proforma as required u/s 440 of the Act.

 2. If no permission is taken under said Sections, it is deemed to be unauthorised construction and the Commissioner, GHMC i.e the Greater Hyderabad Municipal Corporation,  is empowered to take action for demolition against the deviations made to the sanctioned plan and also against the unauthorised construction made without permission under sections 452, 461 & 636 of HMC Act, 1955. (Process being followed in GHMC as per circular instructions Cir.No.7700/TPS/HO/ GHMC/2009, Dt:05.01.2011)

 

A.P. Urban Areas (Development) Act 1975

 

  • Under Section 41 of APUA (D) Act 1975, any person who, whether at his own instance or at the instance of any other person or anybody, including a department of the Government, undertakes or carries out development of any land in contravention of the Master Plan or Zonal Developments Plan or without the permission, approval or sanction referred to in Section 13 of the Act or in contravention of any condition subject to which such permission, approval or sanction has been granted shall be punishable with fine which may extend to ten thousand rupees, and in the case of a continuing offence, with further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.
  • Any person, who uses any land or building in contravention of the provisions of Section 15 of the Act or in contravention of any terms and conditions determined by regulations under the provision to the Section, shall be punished with fine which may extend to five thousand rupees, and in the case of a continuing offence with further fine which may extend to two National Institute of Urban Management 24 hundred and fifty rupees for every day during which such offences continues after convictions for the first commission of offence.
  • Any person, who obstructs the entry of a person authorized under Section 40 of the Act to enter into or upon any land or building or molests such persons after such entry, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.
  • Thus, you are advised to reach out to approach the government and the municipality under the Building Penalisation Scheme. This is a newly launched scheme to protect and regularize unauthorized constructions under the Andhra Pradesh Regularization of Unauthorized Constructions Act, 2003.

    This is available at- http://bps.ap.gov.in/BPS/Views/Login.aspx

    Agree Comment 0 Agrees almost 4 years ago

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