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Soumya Bajpai
| Updated: 24 Aug, 2020 | Category: Building NOC

Significance of NOC for Building Construction

NOC-for-Building-Construction

There is always a massive demand for property from a builder of reputation, who is known for quality construction. Buyers are willing to pay a premium in return for peace of mind that all approvals are in place. However, for any building to get constructed, requires a NOC for building construction. The builder will required to have a set of approvals and sanctions from all the concerned authorities. Any building for construction that comes up without these approvals will have to face penalties in the form of fines and even prosecution.

Importance of NOC for Building Construction

No Objection Certificate is a statement of permission given to a person or a company to proceed with the purchase or construction of a property. While constructing an apartment, a bungalow, or any other structure, applicants must obtain a NOC for building construction from the appropriate government authorities. NOC is a compulsory document required without which the concerned property is bound to face legal hardships.

Requirements in relation to NOC for Building Construction

If a building violates any construction by-laws, a No Objection Certificate will not be granted from any urban developmental authority or other concerned authorities. The authorities are expected to issue Building NOC after strict, transparent, and fair inspections. For building constructions various No Objection Certificates are required from different authorities which are as below:

  • No Objection Certificate from Society or Builder

Obtaining a NOC ensures that there are no dues on the property by the seller at the time of selling the property. It is also proof that the respective society association will not refuse induction as a member. A No Objection Certificate is also required when a property transaction is carried out, availing a loan from a bank or any other financial institution. Society will not transfer the apartment without (NOC) from the bank.

  • No Objection Certificate from Mortgagee

Developers usually procure finances from the banks and private financial institutions for completing their projects by mortgaging them as a guarantee. In such cases, it is important to ask the developer for a No Objection Certificate. The bank cannot question the property transaction for a particular mortgaged project once the NOC is received.

  • No Objection Certificate as per RERA

According to Section 15, under the Real Estate (Regulation and Development) Act [RERA], if a developer transfers his rights and liabilities to a third party, they require a No Objection Certificate from at least 2/3rd allottees involved in the project. Once the allottees grant the certificate, a similar certificate is issued by the RERA authority.

  • No Objection Certificate from Collector

In a few states, it is a prerequisite to receive the NOC from the Collector before transferring the property. It is applicable in cases where corporations and development authorities provide their lands on leasehold. As per the lease documents, the lessor needs to inform about the transferring or mortgaging the property and obtaining a No Objection Certificate from the Collector.

  • No Objection Certificate of Court by Administrator

Section 307 of the Indian Succession Act, 1925[1], holds that an administrator may not mortgage or transfer by either selling or exchanging any immovable property without prior permission by the court. Moreover, the administrator cannot lease these properties for more than five years.

NOC approval after submitting the following documents

NOC approval after submitting

Read our article:India Fire Department NOC – Application Procedure

List of required NOC for Building construction

  • Fire NOC: The buildings defined in meters in height need to obtain Fire No objection certificate. The fire department services first ensure if the building has all fire safety compliances after the Chief Fire Officers will approve Fire department NOC, which will be valid for 3 or 5 years depending upon the type of building.
  • Heritage NOC: The department of Archaeology has an authority to grant or reject permissions for building constructions if their lands are nearby to areas of historical monuments. The department will see if the project fits into the written by-laws according to the AMASR act 2010 and then provide the NOC within 30 days.
  • Aviation NOC: The ones with domes, chimneys, billboards, and other top elements that can prove disturbing in the path and surrounding area of any spacecraft are checked. The NOC required to certify that the proposed building is away and the airspace if safeguard. The Civil Aviation department approves the plan of construction for any building.
  • Forest NOC: Forests are an important part of our lives and cannot be destroyed for new construction. However, NOC for building construction is required if destructible to the forests. Hence, NOC is granted by the forest department as per the environmental regulations and Acts.
  • Garden NOC: The Garden department says that if the owner decides to cut the trees that are now present on his land for new construction, then it is necessary to plant the trees three times to the cutting ratio. This is the most important NOC for building construction required as per Environmental Laws.
  • Road NOC: The buildings near highways, expressways, and traffic roads will be certain to maintain a defined distance for everyone’s safety. This no objection certificate will be approved if the given distance from roads’ and buildings centre is maintained.
  • PWD NOC: The Public Works Department is responsible for approving the PWD NOC. They take care of non-residential buildings other than the ones for Railways, Communications, etc. This defines that there will be no harm to these governmental buildings. This NOC for building construction will be required.
  • Irrigation NOC: The building must not disturb the Water channels around it. In the case of destruction, the owner will be responsible for repairing them. Hence, required NOC from the irrigation department and ensured no harm caused water channels.
  • MOU/Development Agreement NOC: The memorandum of understanding agreement is the document shared between the owner and the builder who undertakes the whole work of construction. This will be a statement of benefits in accordance with market and construction revenue bills.

Conclusion

It is a duty to consider all aspects, especially the safety and security aspects, before granting any development permission before constructing a building. This is something that the Planning Authority has to take into consideration at all times.

Read our article:Is it mandatory to have RERA registration for Builders?

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Soumya Bajpai

Soumya has done LLB (Hons) and has a 2+years experience in writing. Her main interest is in reading judgments, new enactments and amendments taking around in law. She always strives to bring the best to work that she does.

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