As a home buyer you are probably told frequently that it is extremely important to get all documents, papers, and approvals in place before registering your new home. Even with all the attention you could pay towards the papers, there is always a good chance that you may miss something. To make sure that you have all documents you need, you need to first educate yourself on what they are, why they are so important – especially the building approvals. The consequences of not having the proper building approvals are dire and that is perhaps why it is crucial to place your trust in reputed builders who will have the best interest for their customers. Even though getting the right approvals for their construction project lies with the builder, the penalty or retributions of not having the necessary approvals could affect you as a homeowner.
An educated home buyer is the best customer that can be, so we have put together a list of building approvals that are a must-have if you are looking to buy an apartment or home in the state of Kerala.
The Coastal Regulation Zone or CRZs are areas spread across the 7500 km long coastal belt of the Indian Peninsula. According to the Environmental Protection Act of 1986, a Coastal Regulation Zone or CRZ is defined as the coastal land upto 500m from the High Tide Line and a stage of 100m of the banks of water bodies like bays, creeks, estuaries, lagoons, rivers, and backwaters and categorized into four types in India. The Coastal Regulation Zone (CRZ) clearance is based on the CRZ rules created by the union government, however, their implementation is the responsibility of the state government. According to the Act, no industrial or residential development, tourism development, and other activities may take place in the CRZ without a clearance certificate issued by the respective state government body. In Kerala, the Kerala Coastal Zone Management Authority (LCZMA) provides this approval for construction in the CRZs of the state. The CRZ rules are in place to protect the environment, the welfare of the fisherfolk, and to preserve the delicate flora and fauna of the oceans.
Land Clearance is a certificate issued by the local body or the State Ministry for Urban Development. The Kerala Conservation of Paddy Land and Wetland Act, 2008 aims to control the conversion and the eventual development of paddy fields and protect wetland areas to promote agriculture, ensure food supply and sustain the ecological system in Kerala. Urbanization comes with its own advantages, but it can also have impacts on the ecology. It can lead to conversion of Non-Agricultural (NA) lands which in turn could affect food security and disrupt the ecology. In order to avoid such a situation, the conversion of agricultural land is strictly overlooked by the government bodies of various states including Kerala.
An Airport Clearance Certificate is provided by the Airport Authority of India and the Directorate of Air Traffic Control. A minimum height criteria is set by the local municipality board for all buildings in every locality. In Kerala, buildings located within the 20Km vicinity from the Airport Reference Point need Airport Clearance if they exceed a height of 150m.
Any redevelopment activity or construction within a 100m radius of defence installations and establishments needs a no objection certificate from the Local Military Authority. Many defense lands can have unmarked parcels of land, so it is essential that you double check with your builder for a Naval and Army Clearance if there is a defense establishment close by.
It is a must to obtain a Consent to Establish from the State Pollution Control Board if the development is in the state of Kerala.
An NOC from the Indian Railways is essential if the construction plot lies within 30m of a railway line.
The Environment Protection Act, 1986 dictates a mandatory Environmental Clearance (EC) from the Ministry of Environment and Forests for construction projects measuring between 5000 sq meters and 1,50,000 sq meters. The Act directs development authorities, municipal authorities, and local panchayats to stipulate the conditions and set ground rules when granting permissions for construction of buildings.
In the state of Kerala, the Fire Department needs to certify all high-rise buildings before and after the completion of construction. The officials of the Fire Department first visit the construction site for a preliminary inspection after a thorough investigation and scrutiny of the plan. Another inspection is conducted and approvals are granted after a thorough inspection of the constructed building. In Kerala, the Kerala Fire Department is responsible for the Fire Department Clearance.
A mandatory permission is required from the Central Ground Water Authority (CGWA) to pump groundwater via bores or other energized means.
Kerala Water Authority also prohibits the construction of any private street, walls, fences, buildings or other structures over sewers.
The zoning clearance issued by the Revenue Department provides the ownership certificate for the building permit.
If the building is located within 30m of Gas pipelines, it will need clearance from GAIL and IOC.
If the development is adjacent to a National Highway, the development is required to have a clearance from the NH department.
Though it is the builder’s duty to obtain all the necessary approvals, it is also the responsibility of the home buyer to ensure all approvals are in place for a peaceful homeownership. Associating with top and trusted builders will ensure hussle free possession.
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