Statutory Compliance

CMDA is the designated body which regulates all the real estate developments that happen within the metropolitan area in Chennai. You need to have CMDA approval for Patta land. It is a vital aspect to be considered if you are planning to either start construction or are reselling the land. An application, therefore, is a must in the whole process.

It is also worth taking note that CMDA approvals are not binding on the issuing authority. CMDA reserves the right to revoke the same in the following cases:

1. Delay in the completion of the project.
2. Anomalies observed concerning the land.
3. Faults in the relevant statutory approvals.

All those areas in Tamil Nadu other than CMDA areas have to be approved by Department of Town and Country, wherein the DTCP has prepared Master Plan which is duly approved by the Government.

To get a DTCP approval for your plot, you will have to apply to the local body’s office along with all the necessary documents. In case the body suggests any changes in the plan, you will have to resubmit the application along with the registration fee to get the same approved.

Just follow the steps mentioned below:

1. The owner has to submit an application to the local body with all the necessary documents.
2. After paying the applicable fee, the layout plan will get approved only if there are no changes required.
3. In case there is a requirement for change, then, the applicant will have to apply with the necessary modification.
4. In case if the authority asks you to resubmit the application, then apply for the approval again with revisions in your application.

Once the layout plan is approved, keep a set of copies with yourself for future purpose.

Chennai Metropolitan Development Authority issues planning permissions which is a must under the Town and Country Planning Act. The permission is valid only after filling the application form such as Form ‘A’ for laying out of lands and Form ‘B’ &’C’ for building construction. All construction work has to be as per the approved plan within the time prescribed in the planning permit.

Building Permit is a set of instructions which any developer/builder has to comply while their project is under-construction. The concerned officer, the Sub-Engineer scrutinizes the report and passes the details to the assistant engineer and executive engineer. If all details are accurate, then the executive engineer approves it. The IOD comes with a list of objections which the developer/builder must procure from different departments. The IOD is issued after the redevelopment plans are submitted to the Building Proposal Department of the Municipal Corporation.

Tamil Nadu Pollution Control Board (TNPCB) is a body which makes sure that industries/businesses are working within the regulated limits of pollution/combustion levels in the state of Tamil Nadu. It also provides No Objection Certificate to every business according to their category based on the level of pollutant an industry/establishment releases. These NOC (no objection certificate) comes in two steps namely:
• CTE – i.e. Consent to Establish
• CTO- i.e. Consent to Operate

Required documents are listed below:
• A location plan or site plan of the industry.
• A Proprietorship Certificate, Partnership Deed, Memorandum or Article of Association as applicable to the industry, operation or process.
• Valid documents of the land like Jamabandi, Registration deed or Lease Deed indicating specific details of the property.
• Brief Project Report with a flow chart indicating the manufacturing process.
• Compliance Report of any previous Consent to Operate granted to the entity.
• Undertaking that the proposed site is located in the designated Industrial area as notified and the plan of the establishment is permissible. It should also indicate the detailed revenue entries.
• Other documents as per the State, Location, Activity etc
• Any other document or certificate related to the industry.

EIA
The main purpose behind environmental clearance is to assess the impact of the proposed/ upcoming project on the environment and people. It tries to abate/ minimize the same to the maximum extent possible.
The various steps involved in environmental clearance are discussed as follows:
I. Screening:
If the proposed location of the unit does not agree with the existing prescribed guidelines, the entrepreneur has to identify some other alternative location for his / her unit.

II. Scoping:
If the proposed unit falls under the purview of environmental clearance as per the Government of India’s notification issued on 27th January 1994., then the entrepreneur is required to conduct an Environmental Impact Assessment (EIA) study either directly or through a consultant.

FIRE NOC or Fire clearance certificate is a ‘No Objection Certificate’ indicating that the building is designed as per the norms and regulations of a high-rise building to avoid any hazardous accidents. It is issued by the Fire department of the respective state before the building construction.

The application for Fire license must be duly signed by the building owner along with the following information/documents:

• Requisition Letter addressed to Approving Authority (District Officer/ Director, as applicable) with the signature of the authorised signatory.
• Land ownership document copy (Rental Agreement/ Sale Deed including Patta, Chitta copy / Lease Deed).
• Copy of Compliance Certification issued by the Fire and Rescue Services Department (For MSB only).
• Details of Fire Safety measures undertaken in the building.
• Fire Safety Plan of the building including Fire Alarm Plan and Hydrant Layout etc.
• 4 copies of approved building plan from Competent Authority (Local Body/ DTCP/ CMDA).

The approval time is usually between 15-30 days.

As per the law, without prior approval from Highway Authority, none is allowed to construct, form or layout any means of access to or from any highway. A building cannot be built or renovated and none excavation work can be carried out.

While initiating construction of a building near the highway one has to strictly follow the below guidelines:

• Parallel service roads for two-way traffic is necessary.
• Minimum 12 Meter parallel road has to be provided.
• Near Expressway: Buildings should be located at a distance of 15m (the distance between the centre of the road and building will be 60m)
• Near National Highway: Buildings should be located at a distance of 3 to 6 m (the distance between the centre of the road and the building will be 60m)
• Near State Highway: Buildings should be located at a distance of 4.5m (the distance between the centre of the road and building will be 20m)

The purpose of this Air Traffic Management Circular (ATMC) is to standardize the procedure for issuance of NOC regarding height clearances. This clearance is imperative for protecting the airspace in and around the Aerodromes. This prevents the aerodromes from becoming unstable due to obstructions.

The developer/builder has to earn a NOC for height clearance from the Airport Authority of India. The construction work shall not start before the issue of NOC. The developer who is constructing a building with a height of more than 150 meters above the ground level has to obtain a NOC from the Airport Authority of India. NOC can be obtained by the Airport Authority of India on behalf of the Central Government in respect of All Civil Aerodromes. A NOC for height in Defense Aerodrome area, clearance is issued by respective defence authorities.

Refusal of permission:-
(i) If the Aerodrome Authority or Station Commander of the Air-field, Air-force and Installations objects to the proposed work or any part thereof, the municipal Council shall refuse permission for the work or its parts, as the case may be.

(ii) Permission shall not be given by the municipal council for erection, reerection or making material alterations in a building, installation or structure invicinity of a Civil Aerodrome or Air-force, Air-field and installations, if “No Objections Certificate” is not received by the municipal council from the Aerodrome Authority or the Station Commander of the Air-force, Air-field and Installations, as the case may be:- (a) if the height of the proposed work exceeds or would when carried out, exceed the limit specified in Schedule I in the case of Civil Aerodrome and the limit specified in Schedule II in the case of the Air-force, Air-field, and Installations; and

(b) if the proposed work involves the construction of chimneys letting out smoke.

The local body has the authority to thoroughly check all the documents and after scrutiny the Local Body will forward the application to the office of the Regional Deputy Director of Town and Country Planning concerned. The technical section at the Regional Office will scrutiny the application with reference to the norms and parameters. Site inspection will be conducted and necessary decision will be taken by RDD.

The following has to be considered while looking for the size of the land:

1. 2000 Sq.ft for commercial building (G+1)
2. 4000 Sq.ft for residential building (G+20)
3. 25000 Sq.ft. for school building without restriction on the area.
4. 25000 Sq.ft. for industrial building/ installation without restriction on the floor space.
Layout Specifications
Following are the specifications regarding Layouts:
1. 0-5 acres in urban areas
2. 10 acres in rural areas.

* Any building not falling in the above categories are approved by the Directorate.

Land ownership is broadly defined by access to a land title. A Land Title is a document that determines the ownership of land or immovable property. Having a clear Land Title protects the rights of the titleholder against other claims made by anyone else to the property.

Is your seller offering the land which has still not even been given a clear NA (non-agricultural) title?

You will need to make legal checks on the history of this land – whether it still holds rights or interests of any third party that could pop up after you buy the land. Always make sure that you have had look at the ownership of land papers. It will save you a lot of hassles for the later stage.

Land Title and Clearance: Firstly and most importantly, you need to get a clear and good title over the land over which you will start building. Make sure all encumbrances are clear and you possess an absolute, clear title over the property without anyone else entitled to a claim over the same land. This could cause legal issues later. It will also determine your holdings over all the chains, transfers, and sale of the property.

Conversion of Land Use: We provide end-to-end support to transform an agriculturally active land into an approved infrastructure as per the Authorised Department.

Re-classification of Agricultural Land: We carefully identify the usage of land as per the plan. The plan shall be subject to the legal requirements for land use conversion.

Land-use zoning is classified such as residential, multi-family, commercial and specific zones to segregate real estate properties. If an agricultural land has to be converted into a non-agricultural land, the developer/builder has to first obtain permission from the Urban Development department. Once the conversion of the land approved by the Town Planning Department and the Municipal Authority, the State Urban Development Ministry has to notify it in the official gazette.

After the Land Title & Clearance, new construction is required to take zoning approval from the local body/authority like below:

• The Revenue Department provides the ownership certificate for building permit under the provisions of Local Body Acts.
• The State Town Planning checks with the planning board and forwards the proposals to the concerned authorities in the city for case-specific approvals/ NOC before granting zoning approval.
• Zonal Development Plan is cleared by Airport Authority.
• Building Plan could be passed and sanctioned by certified architects & monitored by the municipality.
• Non-agriculture permission not required for land within Municipal Limits.

As per the new Revenue order, the LSGD order will be applicable for non-paddy/wetland which is still marked as paddy land in the tax register where a house already stands on that land. For those fields without houses on them, will be considered only as paddy fields. Such a land requires clearance from the District Collector. This permit is required while submitting the building application.

As per this order, the Town Planning officials of the Corporation have now decided to forward all such applications to the District Collector.