PLAN APPROVALS



CHAPTER - 14  
STREAMLINING OF BUILDING PLAN APPROVALS

14.1 Streamlining the building approval/sanction procedure (Ease of Doing Business)

In order to attract investments into the country, efforts are being made by the Government to improve ‘Ease of Doing Business’. In this direction, the limit of Built-up Area (BUA) for Foreign Direct Investment (FDI) has been reduced from 50,000 Sq.m to 20,000 Sq.m. In this context, the local bodies have to operate the entire building approval process in online mode, so that the building plan applications are submitted online along with building fees and other charges, and after due scrutiny, the approvals are also conveyed online. Further, external bodies like Fire and Emergency Services Department, Airports Authority of India (AAI), Metro Rail Corporation (MRC), Ministry of Environment, Forest and Climate Change (MoEFCC), Karnataka State Pollution Control Board (KSPCB), Heritage Conservation Committee (HCC), National Monuments Authority (NMA), Urban Art Commission (UAC), etc. shall grant No Objection Certificate (NOC)/ approvals on the proposed building plans to the local bodies. All such external bodies are mandated to prepare online NOC systems compatible to and integrated with that of the local bodies and the desired information is to be sent to the concerned external bodies and their comments/ NOC/ approval are to be received online so that there is no need for building proponents to pursue matter with local bodies or external agencies. The specific requirements of the external bodies are to be added in the Common Application Form (CAF) of the local body so that building proponent has to file all information at a single customized online application. The objective is to make the whole process simplified and streamlined to ensure ease in getting the approvals for building license within stipulated time.  

14.2 Clearances at Master Plan level

Individual construction proposals should not generally require separate clearances from various authorities each time. Such clearances should be integrated into the Zoning Regulations of the Master Plan of the concerned Local Planning Area. The areas unaffected by any of the restrictions should be clearly marked out and mapped, preferably on a GIS platform. Area zones of differential control regulations (within the city) by any of these agencies may also be mapped accordingly. This will result in a composite map of the city with various control regulations as per the various agencies clearly marked on the map. Thus, the sites which are located outside these restricted/regulated areas would not require availing clearance from the respective authorities, thereby reducing the clearance process significantly. Following are the clearances which should be integrated into the city Master Plan-  

Table 14.1 Clearances from various agencies proposed to be integrated in Master Plans 

Sl No.

Name of Agency

Type of Clearance

Area of Influence
1 National monuments authority through comprtent authority Ancient monument approval As   prescribed   in   the AMASAR(Amendment and validation)   Act, 2010 for protection of monuments

2.

Ministry of Environment

Environment Clearance(EC)

As   prescribed   in   the   statutory provisions for EIA and clearance based on the size of the project in accordance with Environment protection Act, 1986

3.

Ministry of Defence

Defence Clearance

Area   in   and   around   Defence Establishments as identified by MoD.

4.

Coastal

Zone

Management

Authority

NOC (if near sea/coastal areas)

Area under the CRZ regulations.

5.

NHAI/PWD

 

Road access

Buffer zones as prescribed by NHAI

along National Highways.

6.

Ministry of Railways

Area clearance

Buffer zones as prescribed by Railways

along Rail tracks/depots/yards etc.

Efforts are being made at the Government of India level to coordinate with all the central ministries and their organizations so that they streamline their own internal processes to issue no objection etc. where ever required by law. The efforts are mainly focused on delegating the powers at appropriate levels, establishing an online application process for time bound delivery, creating public awareness about their requirements, reviewing the restrictions and reducing them, sharing the data and norms with local authorities to be incorporated in Zoning Regulations. Recognizing the concern for streamlining the procedures for clearances to be obtained from various departments in least possible number of procedures and number of days, the following model shall be adopted so that the entire process of Pre and Post-Construction approvals shall be completed within one month. The detailed timelines for building licence and occupation certificate are provided in Appendix-VIII  

14.3 Risk Based Classification of building proposals

There is a need to make provisions for fast-tracking building permission procedures for all nonautomatic approvals. Therefore, in the spirit of ‘Ease of Doing Business’, the buildings have been classified further on the basis of risk parameters/ risk based classification to clear the building permits on fast track system. This kind of classification shall be used for fast tracking the sanction of building plans.  

14.3.1 Residential Buildings For approval of the residential plotted and group housing buildings, risk based classification shall be as per Table 14.2 –  

Table 14.2 Risk Matrix for different Residential buildings 

Risks    Very Low Low  Moderate  High 
Criteria  Parameters         
Size of the Plot Square Meters  Below105 m2  105-500m2 Above 500m2 All sizes
No. of Floors/ Height of Building  (G+no. of floor)  (G+2)  (G+3)  (G+ 4) (G+ 5) or above 15m height buildings 
Use of the premise  Various Categories  Residential Plotted  Residential Plotted  Residential Plotted  Group Housing


For Very Low Risk Buildings: The process prescribed in clause 3.15 shall be followed.  Fast Tracking Tools:

For Low Risk Buildings: A Competent professional (qualification & competence as per Annexure-E) shall be empowered to issue the building license, but only after submitting the plan along with requisite documents and fees to the concerned local body. If the owner/ professional desires to get the building plan sanctioned by the local body, building plans prepared by a qualified architect/ engineer will have to be submitted to the concerned local body along with the fees and other requisite documents and the local body shall grant the building permit within 10 days  

For Moderate Risk Buildings: Building plans will have to be prepared by a competent professional and the building plans will have to be submitted to the concerned local body along with the fees and other requisite documents. The local body shall grant the building permit within 20 days.  For High Risk Buildings: Clearance from Fire department and other necessary clearances from AAI, NMA and other agencies have to be obtained. Building plans will have to be prepared by a competent professional and the building plans will have to be submitted to the concerned local body along with the fees and other requisite documents. The local body shall grant the building permit within 30 days.  

14.3.2 Storage/Warehouse Buildings For approval of the buildings meant for use as storage buildings/warehouses/go down, risk based classification shall be as per Table 14.3 –  

Table 14.3 Risk Matrix for Storage/Warehouses 

Risks  Very Low Low  Moderate  High 
Criteria         
Covered Area on all floors/Built-up area  Up to 250m2  Above 250m2  and up to 2000m2  up to 2000m2 above 2000m2
Height of  building  below 15m below 15m below 15m below 15m
Abutting Road width min 12m min 12m min 12m min 12m
Type of Material  Storage  Catagory A Catagory A Catagory B(Stacking heightMedium) Catagory B(Stacking height-High)

i. The level of Risk is classified according to the material stored in the warehouse/storehouse. Material shall be classified according to the Categories defined in Appendix-XVII.Note:

ii. The Urban Local Body shall empanel professionals as notified by the Government.

iii. The building application processing fees shall be as prescribed in Appendix-VII.  

Fast Tracking Tools:

For Very Low Risk Buildings: A competent professional (qualification & competence as notified by the Government) shall be empowered to issue the building license, but only after submitting the plan along with requisite documents and fees to the concerned local body. If the owner/ architect/ engineer desires to get the building plan sanctioned by the local body, he shall apply online to the local body and the local body shall grant the building license within 10 days.  

For Low Risk Buildings:

Building plans will have to be prepared by a competent professional and the building plans will have to be submitted to the concerned local body along with the fees and other requisite documents. The local body shall grant the building license within 20 days.  

For Moderate Risk Buildings:

Building plans will have to be prepared by a competent professional and the building plans will have to be submitted to the concerned local body along with the fees and other requisite documents. The local body shall grant the building license within 20 days.  

For High Risk Buildings:

Building plans will have to be prepared by a qualified architect and the building plans will have to be submitted to the concerned local body along with the fees and other requisite documents. The local body shall grant the building license within 30 days.  

14.3.3 Industrial Buildings

For approval of the buildings meant for use as storage buildings /warehouses/godowns, risk based classification shall be as per Table 14.4

Table 14.4 Risk Matrix for Industries

Risks    Low  Moderate  High 
Criteria  Parameters       
Size of the Plot Square Meters  upto 350m2 Above 350m2 All sizes
Height of building Meters Less than15m  upto 15m above 15m
Abutting Road width  Meters Min.12m  Min.12m  Min.12m 


i. The level of Risk is classified according the size and height of the industrial building proposed.Note:

ii. The Urban Local Body shall empanel professionals as notified by the Government.

iii. The building application processing fees shall be derived by an automated built-in calculator in the online system.  

Fast Tracking Tools: For Low Risk Buildings:

1. Deemed Approval with Self-Certification

2. Plans to be submitted along with Structural drawings which does not require sanction  

For Moderate Risk Buildings:

1. Plans to be submitted to the empanelled professional.

2. Fire/Structural safety certification by Fire Services/ Structural Engineers

3. Approval to be granted within 10 working days by the empanelled professional.

4. Approved plan to be submitted to ULB/DA.  

For High Risk Buildings:

1. Online application

2. Immediate acknowledgement by software

3. Fire/Structural safety certification by Fire Services/ Structural Engineers

4. Approval by ULB/DA within 20 working days.  

14.4 Other Suggestions to enhance ease of doing business: Some other suggestions, regarding Fast-Track construction licenses are:  

14.4.1 ‘Citizens’ Charter

A ‘Citizens’ charter lists out the timelines and upper limits of time for the delivery of citizen services of the organization. The objective of issuing the charter is to improve the quality of public service in terms of timely delivery. Such charters shall be brought out by all the Local Body to maintain high standards of accountability and transparency. The standards of service to be provided, the maximum number of days required for building approvals and the standards procedures shall be listed out in the citizens’ charter.  

14.4.2 Capacity building

Capacity building measures are to be adopted for such functionaries to identify Training Needs (TNA) and other technical requirement of duties that they are required to discharge. Fresh recruitments commensurate to the technical qualification/ experience are to be made by the State Government, if there is complete absence of the technical expertise needed for the said services.  

14.4.3 Empowered Committees

The Authorities may also consider constituting ‘Empowered Committees’ or ‘Peer Expert Groups’ for undertaking scrutiny and approval. This committee can be manned as per the requirement and area of more than one municipality can be put under its jurisdiction.  

14.4.4 Simplification of bye-laws

The building Bye-Laws need to be simplified for easy comprehension of lay person as well as professionals involved in developmental activities. The simplification process should also include the process of application, the filling up of forms and streamlining the process of application. 

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