Indian Building Regulations
If you’re planning to construct or modify a building, it’s important to check if you need approval for your project. In India, there are many different steps to this process and it can sometimes be difficult to keep them straight. Here is an overview of the process of carrying out building work in India and some of the different terms you may encounter.
India does not have one unified procedure regarding the issuance of construction permits, varying between states and even municipalities within the same state. The most important piece of paperwork that you will require is the “parent document”, also known as the “mother deed”, which is a legal agreement to buy the property (stating the seller is officially selling the property). This document should identify the property owner, the terms for property transfer, and the price agreed upon. The sale deed is created only after an agreement has been struck. Secondly, you will require the latest RTC, or Record of Rights, Tenancy and Crops. It contains details of the land that has been purchased, including various geological details as well as information regarding what the land has previously been used for. You will also require an encumbrance certificate, officially stating that the land is not being held as collateral or is otherwise unable to be sold. Finally, a certificate stating that there is no tax outstanding is also required.
In order to officially commence the construction of the property, the Urban Development Corporation (in cities) or Mandal Panchayat (equivalent of the local council) will have to provide their approval. To get this, you will need the sale deed. Once this document has been submitted to the UDC or Mandal Panchayat, they will be handed over to the surveyor. The surveyor will inspect the plot for compatibility and once accepted, payment will be taken and then you can officially begin the construction process.
Once the construction has been completed, you will require an occupation certificate in order to have it connected to the electricity and water networks. A government inspector will look over the wiring and plumbing of the property to make sure that everything complies to the relevant standards. Once this has been issued, you are free to begin occupying or renting out your newly-built property.
There are also special rules if you are an NRI, or Non-Resident Indian. NRIs are permitted to purchase residential or commercial properties, however they may not do business in the agricultural sector without special permission that is only granted under very specific circumstances. As an NRI, you will require the following: an Overseas Citizen of India Card or an Indian Passport, this is the most important legal document that an NRI must hold regarding property. If you have a foreign passport, then you must have a Person of Indian Origin or PIO card or Overseas citizen of India (OCI) card. You will also require a PAN card for taxation purposes. After you complete the financial procedures, you should register the property in your name and then you can officially take ownership of it. It is also important to note the latest taxation rules.
You can streamline this process by taking the advice of a qualified architect, or you if you like you can ask an architect to take charge of the entire process on your behalf. Find My Architect can put you into contact with the perfect architect to bring your project to life, and guide you through all of the relevant administrative procedures.
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