Overview of Building No Objection Certificate (NOC)
Whenever anybody wants to erect, re-erect, construct or demolish any building, he or she has to take permission from the local planning authority in the form of Building NOC. One can make the application for the Building NOC through any registered architect or a licensed engineer or structural engineer to the planning authority. Any building that came without this NOC will invite a penalty in the form of a fine or even one can be prosecuted. Hence before erecting, re-erecting, constructing, or demolishing any building, one must take Building No Objection Certificate. It is a mandatory requirement, therefore one cannot ignore it. Ignorance can give a noticeable loss to the person who is liable for the same.
What is a No Objection Certificate (NOC)?
No Objection Certificate is a legal document. It can be issued by any institution, authority, or individual. It is a clearance given by the institute, authority, or individual that assures no legal hassle will be created by the concerned institution, authority, or individual. It shows that the concerned institute, authority, or individual has no objection to the activity one wants to do. There are various types of NOC but here we are going to learn about the Building No Objection Certificate.
What is Building NOC?
Anyone who wants to erect, re-erect, construct, or demolish any building, he or has to take permission from the local planning authority, and that permission is given in the form of Building NOC. Its purpose is to ensure that by the building-related work, the local planning authority has no objection. It is a kind of promise given by the local planning authority that they will not create any legal objection or any other objection with the work of the person taking Building No Objection Certificate.
Pre-requisites for Building NOC
Certain pre-requisite conditions need to be fulfilled to get Building NOC. Without these formalities, one cannot get the Building No Objection Certificate . Following is the list of mandatory pre-requisite conditions-
- Title of the land must be clear. It should not have any issue regarding anything which is against the law.
- Clearance of land is very important so that there will be no problem in the future after starting the work. Land clearance has been given by the local authorities as well as the Ministry of Urban Development.
- After the clear Land Title and Land Clearance, now the builder has to take Zonal Clearance as per the local government regulations. The finance department must grant Zonal Clearance to the builder.
- You must have a Building Plan which reveals how the building will look after completion and also ensures that the building has fulfilled all the compliances of the building code.
- After that you need to take Building Approval as per Building Byelaws, Master Plan, and Local Body Act.
- Layout Approval is the next pre-requisite that needs to be obtained from the concerned authorities. It reveals the design plan of the building.
Post-requisites of the Building NOC-
After the construction of the building, there are certain post-requisites that one has to follow. These post-requisites for Building No Objection Certificate are given below-
- Imitation of disapproval has to be taken at the different stages of the construction. These stages are immediately after starting the construction, during construction, and after the completion of the construction.
- Builder must have to take permission from the concerned authorities for the installation of the various services and utilities.
- After the completion of the building or before selling the complete constructed building one needs to take a completion certificate from the concerned authorities. This certificate will be granted after the proper inspection.
- Occupancy certificate is another formality that needs to be completed by the builder o9f the building.
How to get Building NOC?
Whenever one wants to construct or demolish any building he or she needs to take n-numbers of permissions, Building No Objection Certificate is one of them. The procedure to obtain Building NOC is given below-
- Online application has to be made with a Pre-DCR drawing to get Pre-approval.
- Attach the entire documents which are required for the Building No Objection Certificate with the application.
- Submission of the file through offline mode is mandatory. After the above process building inspector will visit the site.
- Building inspector will prepare a report based on his or her site visit.
- After his approval you have to pay the fees and generate the challan.
- Then you have to take the final stamp on the blueprint.
- And finally you will get the Building No Objection Certificate .
Important Documents -
There are some important documents that one needs to collect before applying for the Building NOC. Without these documents, one cannot get the above-mentioned NOC. Therefore before applying for the Building No Objection Certificate get the following documents-
- Identity Proof of the Applicant
- Address Proof of the Applicant
- Site Plan
- Building Plan
- Layout Plan
- Copy of the Analysis Report
- Images of the building from the outside
- Blueprint of the building which should be stamped
- Layout certified by the registered architect
- Certificate of the building security
Benefits of the Building NOC-
Key benefits of Building NOC are given below-
- It will take care of the persons who are living in the building.
- Protects the owner from the legal formalities.
- Protects the owner from the heavy losses that he has to pay in the absence of Building NOC.
- It helps in avoiding imprisonment as well.
- After getting Building No Objection Certificate one can construct or demolish a building legally.
- Building No Objection Certificate is necessary to get other licenses and NOCs.
- It is proof that authorities have no problem with the demolition or construction of the building.
- It provides safety to the owner.
- It ensures that the construction or demolition is not illegal.
- Ensures the right of the owner.
Format of the Building NOC-
The following things must be mentioned in the Building No Objection Certificate-
What are the Penalties for not obtaining Building NOC?
As such no specific penalties and punishment are there for non-compliance with Building No Objection Certificate. But that does not mean there is no punishment for the non-compliance of the above-mentioned NOC. There are punishments but they completely depend on people to people or place to place. The punishment and penalties are not the same for everyone or every place. It is restricted by certain terms and conditions.
Duration of expiry -
Buildings are of two kinds that are residential buildings and commercial buildings. For both of them, Building No Objection Certificate is required. But the expiry period of their NOC is different. For the residential building, the expiry period is 5 years on the other hand expiry period for the commercial building is 3 years. After the expiry period, the value of the NOC document becomes null. It does not have any legal concerns anymore. Now the builder cannot use the same to protection of himself or herself from legal action.
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Building No Objection Certificate is a formality that can not only saves you from penalties but also saves you from prosecution. It gives you legal permission where it is mentioned that the concerned authorities have no objection to the demolishment or construction of the building. Securing this certificate will also save you from heavy losses. Even a small loss can be proved fatal for a builder; hence one must take Building NOC before constructing or demolishing any building.
Frequently Asked Questions
Permission from the local planning authority, before construction or demolition of any building, that shows that concerned authorities have no objection to the construction or demolition of the building is called Building NOC.
NOC shows that the concerned institute, authority, or individual has no objection to the activity one wants to do. It is legal permission given by the concerned authorities that assures that no legal hassle bustle will be created during the work for which one is taking NOC.
For getting the above mentioned NOC, follow the steps given below-
- Fill online application
- Attach all the documents required for the same
- Submit the form in offline mode with the online mode
- Building Inspector visits the site
- Building inspector will prepare a report
- After his approval you have to pay the fees and generate the challan
- Take the final stamp on the blueprint
- Finally you will get the Building NOC
For obtaining the above NOC one must take care of the following guidelines-
- Fill form carefully, a single mistake can drop you into the problem
- All the required documents must be attached with the form filled by the applicant
- Don’t try to take any illegal way of getting the same NOC
- Fulfill all the pre and post requisites of the Building NOC
It is for the legal construction or demolition of the building. Its main purpose is the inspection the action of the builder and check that there is no illegal activity going on. It is a legal document that gives you a green signal for the construction pr demolition of the building.
Following are the pre-requisites of the above mentioned NOC-
- Land Title
- Land Clearance
- Zonal Clearance
- Building Plan
- Approval of Building Plan
- Layout Plan
Following are the post-requisites of the Building No Objection Certificate-
- Imitation of disapproval
- Installation of various services and utilities
- Completion Certificate
- Occupancy Certificate