Building Permission

For construction of any residential or commercial building or property within the limits of the urban local bodies, the citizen
has to approach the Town planning section of the respective ULB, which issues permission for construction of buildings
based on specific set of rules and regulations. The Town planning section performs technical scrutiny and processing of
building plans and issues building plan permissions. The main processes related to Town planning section for obtaining of
building permissions are as follows.

     Approval of building proposals of various types and nature of buildings

     Approval of layout proposals
     Processing and completion of Government references, Court cases, Chief Minister Cell reference, LokAyukta
references etc.
     Planning and implementation of Developmental activity such as road widening, junction improvements,
development of parks, play grounds, subways, parking lots, bus bays etc
     Calculation of various fees such as admission fee, developmental charges, regularization charges, building
license fees, scrutiny fees, demolition charges etc., and Collection of the fees and maintenance of appropriate
records

List of sanctions required for construction activity:

The builder requires to have the approval or sanctions from the concerned authority for the
construction of a building. The building constructed without sanctions or deviated more than 5 per
cent from approved plan levies penalty and authorities has right to demolish the building without
any prior notice.Following include the list of approvals or sanctions required by builder for engaging
in any construction activity:

Building Plan: A builder should submit building plan before starting the construction activities.
Building plans are a graphical representation of what a building will look like after construction.
Building plan ensures that building complies with building laws. Once the building plan is approved,
the builder should commence construction work within two years and there should be no deviation
from the sanctioned plan.

Layout approval: The builder has to get approval of layout plan from concerned authorities before
starting construction of residential or commercial building. Constructing building in unapproved
layout will not be given permission to be occupied or such layout plots will be treated as unlawful
and exemplary penalties will be levied as per Municipal Laws. Land which is sub-divided into plots
without permission from competent authority is considered illegal or unapproved layout. No
facilities such as roads, drainage, street lighting will be extended in such areas.

Basic amenities: The builder should get approval from concerned authorities for electricity, water for
potable and non-potable use. The building should comply with building laws for sanction or approval
of basic amenities.

No Objection Certificate (NOC): The builder has to get NOC from pollution board on the project. It is
essential for the approval for sewer or water supply. It is also important to get NOC from the
neighboring properties to prove that builder is not encroaching any neighborhood property. Builder
has to get NOC from municipality or respective authority for digging bore well. Digging bore well
without NOC or approval will be levied penalty and material used for digging bore wells would be
seized. In case of construction of building with lift facility, builder has to get NOC from lift
authorities.

Completion Certificate: Completion certificate is mandatory for building constructed before selling or
occupied. Issuing of Completion Certificate will ensure that the builder or owner has constructed the
building as per approved plan.

Clear Title: The builder has to get clear title for the land or plot. Clear title ensures that the property
is clear, marketable and it traces any charges or encumbrances created on the property and its
present status. It enables a prospective buyer to know the chain of holdings, transfers over a period
and check any dispute on the ownership of the property.

Approval for conversion of land: Some builders use agricultural land for constructing building for
residential or commercial purpose. In such case builder need to get approval form concerned
authority to convert agricultural land to non-agricultural (NA) purpose.

. Plan Passing Procedure Stage 1: Approval of Plan Passing Stage 2: Progress Report at various Stages
(Form No. 6(A), 6(B), 6(C), 6(D) Stage 3: Building Use Permission with completion plan. JIGAR PANDYA |
2012

1. Requirements for applying Plan Approval in AMC. 1. Form C 2. Form / Certificate - 2/A, 2/B, 2/C,
2/D on stamp paper by owner, architect / engineer, structural engineer and clerks of work. 3.
2/D annexure from structural engineer. 4. Various affidavits. a) Appointment of professional
and acceptance by them. b) Affidavit for parking. c) Bond for formation of Society or
Association. 5. Form No.11 for approval of revision of old building. 6. 5 set of layout plan &
detailed building plan with elevate and section, parking layout as prescribed in GDCR. 7. Copy
of 7/12 extract or property card (PR) 8. Zoning certificate authorised by AMC. 9. Measurement
sheet authorised by AMC. 10. Part plan authorised by AMC. JIGAR PANDYA | 2012
2. 9. Requirements for applying Plan Approval in AMC. (CONTINUED) 11. Approved plan (if any)
12. NOC of ULC (Urban Land Ceiling Act) or an affidavit & indemnity bond in the prescribed
from under the ULC Act. 13. License (Xerox) proof with signature and stamp of Architect /
Engineer / Structural Engineering / COW. 14. Property Tax clearance certificate from Tax
Department of running date. 15. Betterment Tax clearance certificate from Estate Department.
16. Drawing opinion from drawing department. 17. In draft T. P. Scheme opinion of Town
Planning officers is required JIGAR PANDYA | 2012
3. 10. Requirements for applying Plan Approval in AMC. (CONTINUED) File is to be submitted with
all above documents & papers to city civic centre at Law Garden, along with required fees. After
submitting the file, AMC will give letter of queries regarding the file if any, within 7 to 10 days.
After compiling all queries by owner/engineer/architect AMC approves plans within 7 days for
normal approval. In case any special permission is required for any hardship the files will go for
approval to competent authority. In this case it will take approx. one month time for approval.
JIGAR PANDYA | 2012
4. 11. Requirements for applying Plan Approval in AUDA. In AUDA after preparing all documents,
papers & plan required as also in AMC, file will be submitted to concerned planning assistant
with fees of scrutinity. In normal case approval in AUDA normally takes between 7 to 13 days
 time. Fees & Deposits for AUDA & AMC:- (1) Part Plan Rs.200/- per plot. (2) Zoning Rs.200/- per
plot (3) Measurement Sheet Rs.300/- per plot. (4) ‘F’ Form Rs. 50/- to 150/- (5) Scrutiny Fee: (a)
For residential building Rs.3/- per sq.mt. of built up area. (b) For commercial & mix Rs.5/- per
sq.mt. of built up area. (c) Public Charitable Trust Rs.500/- for use of School, Dispensary,
Hospital, Dharmashala etc. (6) Sub plotting and amalgamation fees (a) Other than agricultural
area Rs.1.50/- per sq.mt. (b) Agriculture area Rs.0.50/- per sq.mt. JIGAR PANDYA | 2012
5. 12. Requirements for applying Plan Approval in AUDA (Continued) (7) Betterment charges as
prescribed in Town Planning Scheme. (8) Tree Plantation: (a) Unit less than 80 sq.mt. B.A.
Rs.125/- per unit. (b) Unit area more than 80 sq.mt. B.A. Rs.500/- per unit. (c) For Individual
Bungalow or Subplot Rs.2500/- per unit. (9) Solid Waste Management Rs.100/- per unit. (10)
Amenity fees: (a) School , College, Educational Institute, Govt., Semi, Govt. Office Rs. 50/- per
sq.mt. for B.A. (b) Other than above use Rs.100/- per sq.mt. of B.A. (11) Development Charge:
(a) Land: (i) Residential Rs.1.00/- to 1.50/- per sq.mt. (ii) Commercial Rs.2.00/- to 3.00/- per
sq.mt. (iii) Industrial Rs.2.00/- to 3.00/- per sq.mt. (iv) Other Rs.0.50/- to 1.00/- per sq.mt. JIGAR
PANDYA | 2012
6. 13. Requirements for applying Plan Approval in AUDA (Continued) (b) Construction: (i)
Residential Rs.2.00/- to 3.00/- per sq.mt. (ii) Commercial Rs.4.00/- to 6.00/- per sq.mt. (iii)
Industrial Rs.4.00/- to 6.00/- per sq.mt. (iv) Other Rs.1.00/- to 2.00/- per sq.mt. (12) Fees for
F.S.I. on payment: (a) Rs.1000/- per sq.mt. in AUDA. (b)Rs.1500/- to Rs.2500/- per sq.mt. in AMC.
(13) UAD (Unauthorise Development Fees): Two times to Fifteen Times of Scrutinies fees As per
Chapter – 5 , Clause 5.6, of GDCR (14) Drainage Charges (a) Residential Rs.1500 to 4000/- per
unit (b) Commercial Rs.3000/- per 100 sq.mt. or part thereof. (15) Rs.30/- per sq.mt. of built up
area as construction labour cess. JIGAR PANDYA | 2012
7. 14. How to get Airport NoC • Required for all buildings with height more than 16.5 meters (G+5
and more) OR all buildings (any height) falling within the FUNNEL AREA of the local Airport. •
PROCEDURE – Submit and affidavit to the authority regarding sanction of the building
permission before the super structure reaches 16.5 meters. – On the parallel side submit
detailed plans with height in reference to MSL ( Mean Sea Level ) to the Local Airport Authority,
in our case Ahmedabad Airport. – Airport Officials conduct a Site visit & Verify MSL with their
records. The same report is submitted in Mumbai ( the Authority responsible for releasing
NoC). – The NoC is released unless the Building is falling in the FUNNEL AREA ( Take off and
landing corridor ). If so..the further permission is required from DELHI..and the file is sent to
DELHI for further approval. NOTE: All buildings falling within the FUNNEL AREA. Depending on
the distance the building height of not more than 3 to 6 meters is usually permitted.
PERMISSION TIME: 3 to 6 months JIGAR PANDYA | 2012
8. 15. How to get Railway NoC • Required for all buildings falling within the 30meters distance
from the Railway Boundary ( Not from the Railway Track). The boundary is usually distinctly
earmarked with poles. • PROCEDURE – Submit and affidavit to the authority regarding securing
the Railway NoC before applying for the BU Permission. Based on this affidavit the authority
grants the permission to continue the construction. – On the parallel side submit detailed
plans are submitted with the application to the local Railway authority. The officials conduct a
Site visit & verify the distance. – There are two zones for getting the NoC ( Bhavnagar and
Baroda). Depending on the railway line..the permission is obtained from the either authority. –
The maximum height granted in such cases is 2D where D is the distance of the building line
from the Railway boundary. ( for Example if the distance is 9 meters..maximum building height
that can be granted is 18 meters irrespective of other Zoning regulations) NOTE: A unique
stepped ( setback) building design may be considered in case a taller building is desired. – In
case such a NoC is not obtained..the BU permission is not Granted. A lot of legal problems arise
in such cases. – PERMISSION TIME: 1 to 3 Months JIGAR PANDYA | 2012
9. 16. How to get ONGC NoC • Required for all buildings located on plots abutting either above or
abutting to plots from where the ONGC pipeline passes. • If the building is situated within
within 10.5 meters distance, the permission is not granted. This means total of 21 meters of
 corridor. This corridor is required for Maintenance and should stay clear at all the times. • In
case of well, a minimum 30 meters of distance is required from the building line. No
construction is permitted within this distance. • PROCEDURE – Submit plans proving the
qualified distance from the ONGC Norms. – PERMISSION TIME: 3 months JIGAR PANDYA | 2012
10. 17. How to get Electrical Grid NoC • Required for all buildings located in the vicinity of Electrical
grid. ( example Cambay Hotel, Sola) • Permission is required based on the KV power grid ( 11KV
to 132 KV lines) Distance required is from 4.5 meters to 13.5 meters from the Centre of the line.
• The NoC required is for two types of distances ( Vertical and Horizontal) • PROCEDURE •
Details plans are required to be submitted to the electrical Inspector ( lal Darwaja) for
approval. • They conduct the site visit to check the distance/ Sagging of electrical wires. •
Permission is usually obtained within 1 month. JIGAR PANDYA | 2012
11. 18. How to get FIRE NoC • Required For all high rise building ( above 16.5 meters) and special
structures like theatres and Malls, Auditoriums, other public buildings. • PROCEDURE • Submit
details plans with Fire norms to the Chief Fire Officer. Suggestions and opinions are sought. •
With CFO letter the detailed plans are submitted to the local authority for sanction. • Before
getting the BU permission, a FIRE NoC is requested from the CFO. The next phase involves
testing from the Fire Department, as per the NBC norms, and the FIRE NoC is granted. • Time
frame : 1 week for the opinion and 1 month for the NoC. • NOTE: The NoC needs to renewed
every 1 year. JIGAR PANDYA | 2012
12. 19. Lift Inspector NoC • Required for buildings that have elevators. PROCERDURE • Secure a lift
installation certificate from the Lift Inspector (Gandhinagar) Detailed specifications of the lifts
are submitted. • Elevator use ( lift use certificate) is issued after complete working installation.
This certificate is required at the time for getting the BU certificate. NOTE: The working NoC
needs to renewed every 1 year. JIGAR PANDYA | 2012
13. 20. OTHER NoCs • NOC of Archeological survey of India if site is located within 300 mts. from
any monuments. • NOC of Police Commissioner regarding traffic for Public Building & Theatre. •
NOC from tourism department for Theatre. • NOC from Collector for Theatre. • NOC from Jail
Department if site is located with the restricted area of Jail. • NOC is required from ONGC if
construction permission is asked within building control line from ONGC pipe line. • NOC is
required from irrigation department if construction permission is asked on the side of Canal of
Irrigation Department. • NOC of Sabarmati River Front Development is required if site is located
on river bank. • NOC for Hazardous Insdustrial building from pollution control department of
Govt. • NOC of R&B/N.H. Authority is required if construction is within building control line.
JIGAR PANDYA | 2012

Public Works Department Code

167. There are four main stages in the project for a work, namely, administrative
approval, expenditure sanction, technical sanction, and appropriation or re-
appropriation of funds.

I. Administrative approval

168. (1) For every work (excluding repairs) initiated by, or connected with, the
requirements of another department, it is first necessary to obtain the concurrence
of the department concerned to the proposals. The formal acceptance by the
department concern is termed “administrative approval” of the work, and is, in
effect, an order to execute certain specified works at a stated sum to meet the
administrative needs of the department requiring the work. Such approval should
not, however, be accorded until the professional authorities have intimated that the
proposals are structurally sound and that the preliminary estimate is sufficiently
correct for the purpose. In the case of works required to meet the administrative
needs of the Public Works Department, the administrative approval should be
accorded in that Department.

(2) No administrative approval is necessary in respect of works chargeable to

repairs.

Explanation. No administrative approval is necessary in respect of works

chargeable to repairs.

169. Application for administrative approval should be submitted to the authority

competent to accord it accompanied by a preliminary report, by an approximate
estimate and by such preliminary plans, information as to the site and other details
as may be necessary fully to elucidate the proposals and the reasons therefore. The
approximate estimate and preliminary plans should be obtained from the Public
Works Directorate, when the work is proposed to be carried out through that
Directorate. If, however, the work is not likely to cost more than Rs. 10,000
detailed plans and estimates may be prepared in the first instance and submitted to
the authority competent to accord administrative approval.

Approved proposals-modifications of. In case of modifications of the proposals

originally approved if such modifications are likely to necessitate eventual
submission of a revised estimate, to material deviations from the original proposals
even though the cost of the same may possibly be covered by savings on other
Items, and to cases where the detailed estimates, when prepared, exceed the
amount administratively approved by more than 10 percent, the revised
administrative approval of competent authority must be obtained to the increased
expenditure without delay and in the case of modifications during construction,
without awaiting the preparation of a detailed supplementary or revised estimate.

170. This procedure will also apply to modifications of the proposals originally
approved if such modifications are likely to necessitate eventual submission of a
revised estimate, to material deviations from the original proposals even though the
cost of the same may possibly be covered by savings on other items, and to cases
where the detailed estimates, when prepared, exceed the amount administratively
approved by more than 10 per cent. In these cases, as also in cases in which it
become apparent, during the execution of the work, that the amount
administratively approved may be exceeded my more than 10 per cent, owing to
increase of rates or other causes, the revised administrative approval of competent
authority must be obtained to the increased expenditure without delay, and in the
case of modifications during construction, without awaiting the preparation of a
detailed supplementary or revised estimate.
171. In the case of works required not for a particular department but in the
interests of the general public, such as communications, irrigation works, and
miscellaneous improvements, preliminary designs and estimates should be
submitted for scrutiny by and approval of the Administrative Department
concerned.

II. Expenditure sanction

172. Expenditure sanction means the concurrence of the Government to the

expenditure proposed in cases where this is necessary. In all other cases the act of
appropriation or re-appropriation will operate as sanction to the expenditure
concerned. The duty of obtaining expenditure sanction, where necessary, rests with
the department requiring the work.

Expenditure sanction-meaning. Expenditure sanction means the concurrence of

the Government to the expenditure proposed in cases where necessary. In all other
cases the act of appropriation or re-appropriation will operate as sanction to the
expenditure. The duty of obtaining expenditure sanction rests with the Department
requiring the work.

III. Technical sanction

173. For every work proposed to be carried out, except petty repairs the cost of
which is not likely to exceed Rs. 2,500, and annual repairs for which a lump sum
provision has been sanctioned by the Superintending Engineer, a properly detailed
estimate must be prepared for the sanction of competent authority; this sanction is
known as the technical sanction to the estimate. Such sanction can only be
accorded in respect of works to be executed through the Public Works Department
by Government in the Public Works Department, or, where power has been
delegated to them, by officers of that department.

Note: It is not essential that expenditure sanction should invariably be obtained

before technical sanction is given; but, until funds for the work have actually been
allotted or promised by competent authority, a Divisional Officer cannot be
required, except by his departmental superiors, to prepare the detailed plans and
estimates for the purpose of technical sanction.

Technical sanction-what is. The amounts are variable pursuant to the orders
issued by the competent authority from time to time. For every work proposed to
be carried out, except petty repairs and annual repairs, a properly detailed estimate
must be prepared for the sanction of competent authority. This sanction is known
as the Technical Sanction.
IV. Appropriation and re-appropriation

174. Appropriation or re-appropriation represents the allotment of a particular sum

of money to meet expenditure on a specified object; it is operative only for the
official year for which it is made.

Appropriation and re-appropriation-meaning. Appropriation or re-

appropriation represents the allotment of a particular sum of money to meet
expenditure on a specified object. It is operative only for the official year for which
it is made.

175. It is fundamental that no work shall be commenced of liability incurred in

connection with it until administrative approval has been obtained, a
properly detailed design and estimate have been sanctioned, expenditure sanction
has been accorded and allotment of funds made and orders for its commencement
issued in writing by competent authority. Provision in the Budget Estimate for
expenditure on a work convey no authority for the commencement of outlay.

Requirement of sanction. It is fundamental that no work shall be commenced or

liability incurred until administrative approval has been obtained, properly detailed
design and estimate have been sanctioned, expenditure sanction has been accorded
and allotment of fund made and orders for its commencement issued in writing by
competent authority. Provision in the Budget Estimate for expenditure on a work
conveys no authority for the commencement of outlay.