Realtybills Complete Guide: Builder’s Authorities and Approvals for Construction Projects in Nagpur, Maharashtra​

Complete Guide: Builder’s Authorities and Approvals for Construction Projects in Nagpur, Maharashtra​

Complete Guide: Builder’s Authorities and Approvals for Construction Projects in Nagpur, Maharashtra

Complete Guide: Builder's Authorities and Approvals for Construction Projects in Nagpur, Maharashtra

In Nagpur, Maharashtra, before starting any construction project, a builder must comply with several authorities and obtain necessary approvals. The specific requirements and authorities may vary depending on the nature and size of the project. However, here are some common authorities and agreements that builders typically have to face:

  1. Nagpur Municipal Corporation (NMC): The NMC is responsible for granting various approvals related to construction projects in Nagpur. Builders need to obtain necessary permissions and clearances from the NMC before starting any project.

  2. Building Plan Approval: Builders must submit their project plans, including architectural drawings, structural designs, and other relevant details, to the NMC for approval. The plans are assessed for compliance with building codes, zoning regulations, and other applicable laws.

  3. Environmental Clearance: Depending on the scale and impact of the project, builders may need to obtain environmental clearance from the Maharashtra Pollution Control Board (MPCB) or other relevant environmental authorities. This is particularly applicable to larger projects that may have potential environmental implications.

  4. Fire Department Clearance: Builders must comply with fire safety regulations and obtain clearance from the local Fire Department. This typically involves ensuring the installation of fire safety equipment and adherence to fire safety norms.

  5. Land Ownership and Title: Before commencing any project, builders must ensure that they have legal ownership of the land or appropriate development rights. They may need to provide documentation related to land ownership or enter into agreements with landowners.

  6. Building Agreements: Builders often enter into agreements with various stakeholders, including landowners, contractors, and suppliers. These agreements outline the terms and conditions of the project, such as the scope of work, payment schedules, timelines, and responsibilities of each party involved.

  7. Financial and Legal Requirements: Builders may be required to fulfill financial and legal obligations, such as obtaining necessary bank guarantees, insurance coverage, and registering the project with the Real Estate Regulatory Authority (RERA) if applicable.

It is important for builders to consult with local authorities and engage legal professionals or consultants specializing in construction and real estate to ensure compliance with all relevant regulations and obtain the necessary approvals before starting any project in Nagpur, Maharashtra.

Complete Guide: Builder's Authorities and Approvals for Construction Projects in Nagpur, Maharashtra

When seeking project approval from banks in Nagpur, Maharashtra, builders are typically required to provide certain documents and meet specific criteria. Here are some key documents that banks often request during the approval process:

  1. Project Report: Builders need to prepare a detailed project report that includes information about the proposed construction project. The report should cover aspects such as the project’s scope, location, land ownership details, construction timeline, estimated costs, and revenue projections.

  2. Title Deed and Property Documents: Banks require builders to provide the title deed and relevant property documents to establish legal ownership and ensure that there are no encumbrances or disputes related to the land.

  3. Building Plan Approval: Builders must obtain the necessary building plan approvals from the local authorities, such as the Nagpur Municipal Corporation (NMC). Banks may request copies of the approved building plans to verify compliance with regulations.

  4. Construction Agreement: The bank may ask for a copy of the construction agreement between the builder and the landowner. This agreement outlines the terms and conditions of the project, including the rights and obligations of both parties.

  5. Financial Projections: Builders need to present detailed financial projections, including the estimated project costs, sources of funding, and revenue projections. This information helps the bank assess the feasibility and profitability of the project.

  6. Builder’s Profile and Experience: Banks often review the builder’s profile and past experience in similar construction projects. This includes evaluating their track record, credibility, and ability to complete the project successfully.

  7. Statutory Approvals: Builders must obtain necessary statutory approvals and clearances from various government agencies. These may include environmental clearances, fire department approvals, and any other permits or licenses required by law. Banks may ask for copies of these approvals as part of the project assessment.

It is important for builders to prepare a comprehensive documentation package to showcase the project’s viability and mitigate the bank’s risk. Consulting with a financial advisor or mortgage specialist can provide valuable insights and guidance throughout the approval process.

Complete Guide: Builder's Authorities and Approvals for Construction Projects in Nagpur, Maharashtra

In Maharashtra, including Nagpur, the conversion of a leasehold property to freehold generally falls under the authority of the Collector’s office. Here is an overview of the process to obtain a leasehold to freehold approval in Nagpur, Maharashtra:

  1. Application: The property owner or lessee must submit an application to the Collector’s office requesting the conversion of the property from leasehold to freehold. The application should include details such as the property address, lease agreement, ownership documents, and any other supporting documents as required.

  2. Verification and Assessment: The Collector’s office will verify the authenticity of the application and review the documents submitted. They may conduct a physical inspection of the property and evaluate factors such as land usage, existing infrastructure, encumbrances, and any outstanding dues or taxes associated with the property.

  3. Payment of Conversion Charges: The applicant is required to pay the conversion charges as determined by the Collector’s office. These charges are typically based on factors like the location, size, and value of the property. The exact fee structure and payment process may vary, and it is advisable to contact the Collector’s office for specific details.

  4. No Objection Certificates (NOCs): Depending on the nature of the property and its usage, the applicant may need to obtain No Objection Certificates (NOCs) from various authorities. This may include clearances from the local municipal corporation, town planning department, fire department, pollution control board, etc. These NOCs serve as evidence that the property complies with the necessary regulations and standards.

  5. Grant of Freehold Title: Once the application, documents, and payments are verified and approved, the Collector’s office issues an order granting the conversion from leasehold to freehold. This order serves as the official document establishing the freehold ownership rights of the property owner.

It’s important to note that the specific requirements and processes for leasehold to freehold conversion may vary depending on the location and type of property. It is recommended to consult with legal professionals or approach the Collector’s office in Nagpur, Maharashtra, for accurate information, updated procedures, and any specific documentation required for the conversion process.

Complete Guide: Builder's Authorities and Approvals for Construction Projects in Nagpur, Maharashtra

In Nagpur, Maharashtra, the approval for including a conservancy lane in a construction project falls under the jurisdiction of the Nagpur Municipal Corporation (NMC). Here is an overview of the process for a builder to apply for approval to include a conservancy lane in their project:

  1. Project Design: The builder needs to incorporate the design and layout of the conservancy lane into the overall project plan. The conservancy lane is typically meant for waste collection, utility access, and other civic services.

  2. Application Submission: The builder must submit an application to the Nagpur Municipal Corporation (NMC) seeking approval to include the conservancy lane in the project. The application should include relevant details such as project plans, architectural drawings, and the proposed location and dimensions of the conservancy lane.

  3. Compliance with Regulations: The NMC will review the application to ensure compliance with building codes, zoning regulations, and other relevant laws. The conservancy lane must meet the specified width, accessibility, and other requirements as prescribed by the NMC.

  4. Site Inspection: The NMC may conduct a site inspection to verify the feasibility of incorporating the conservancy lane into the project. They will assess factors such as the accessibility of the lane, its connectivity to the main road, and the impact on the surrounding area.

  5. Approval and Conditions: If the NMC is satisfied with the application and site inspection, they will grant approval for the inclusion of the conservancy lane in the project. The approval may come with certain conditions, such as the maintenance responsibilities of the builder for the conservancy lane.

Regarding the proximity of the conservancy lane to the project, it is advisable to adhere to the NMC guidelines and regulations. If there is a pre-existing conservancy lane near the project site, the builder may need to coordinate with the NMC to understand any specific requirements or approvals needed to integrate it into the project.

It’s important for builders to engage with the NMC and consult with professionals familiar with local regulations to ensure compliance and a smooth approval process for including a conservancy lane in their construction project in Nagpur, Maharashtra.

Complete Guide: Builder's Authorities and Approvals for Construction Projects in Nagpur, Maharashtra

If a builder is involved in malpractice such as underreporting the registration amount and engaging in fraudulent activities, it is important to report such activities to the relevant authorities. In India, the authorities responsible for addressing such issues include:

  1. Real Estate Regulatory Authority (RERA): RERA is a regulatory body established to protect the interests of homebuyers and regulate the real estate sector. Builders are required to register their projects with the respective state’s RERA authority. If a builder is involved in fraudulent practices, you can file a complaint with the local RERA authority, providing them with evidence of the malpractice.

  2. Economic Offences Wing (EOW): The Economic Offences Wing of the state police is responsible for investigating economic crimes, including fraudulent activities in the real estate sector. You can approach the EOW and file a complaint against the builder, providing them with all relevant evidence.

  3. Anti-Corruption Bureau (ACB): If the malpractice involves corruption, such as bribery or kickbacks, you can report the matter to the state’s Anti-Corruption Bureau. They specialize in investigating corruption-related offenses and can take appropriate action against the builder.

  4. Income Tax Department: If there is evidence to suggest that the builder is involved in money laundering or tax evasion, you can inform the Income Tax Department. Money laundering and tax evasion are serious offenses, and the Income Tax Department has the authority to investigate such cases.

The specific acts and laws that may be applicable in cases of malpractice by builders include:

  1. Real Estate (Regulation and Development) Act, 2016 (RERA): RERA aims to regulate the real estate sector and protect the interests of homebuyers. It establishes guidelines for project registration, financial transparency, and penalties for non-compliance.

  2. Prevention of Money Laundering Act, 2002 (PMLA): If the malpractice involves money laundering, the provisions of the PMLA may apply. Money laundering is a criminal offense, and those involved can face severe penalties.

  3. Indian Penal Code (IPC): Depending on the specific fraudulent activities carried out by the builder, provisions of the IPC such as cheating, criminal breach of trust, forgery, and criminal conspiracy may be invoked.

It is essential to gather sufficient evidence of the malpractice, such as documents, transaction records, and any communication with the builder. Consulting with a legal professional can provide guidance on the specific actions to be taken and ensure that your complaint is appropriately filed with the relevant authorities.

Complete Guide: Builder's Authorities and Approvals for Construction Projects in Nagpur, Maharashtra

Here are the relevant authorities and the specific post to whom the application should be addressed:

  1. Real Estate Regulatory Authority (RERA):

    • Post: Chairman, State RERA Authority
    • Application Addressed to: Chairman, State RERA Authority
  2. Economic Offences Wing (EOW):

    • Post: Superintendent of Police, Economic Offences Wing
    • Application Addressed to: Superintendent of Police, Economic Offences Wing
  3. Anti-Corruption Bureau (ACB):

    • Post: Superintendent of Police, Anti-Corruption Bureau
    • Application Addressed to: Superintendent of Police, Anti-Corruption Bureau
  4. Income Tax Department:

    • Post: Commissioner of Income Tax, Investigation Wing
    • Application Addressed to: Commissioner of Income Tax, Investigation Wing

[Your Name] [Your Address] [City, State, PIN Code] [Email Address] [Contact Number] [Date]

[Authority Name] [Post/Designation] [Address] [City, State, PIN Code]

Subject: Complaint against Builder’s Malpractice

Dear [Authority Name],

I am writing to bring to your attention a case of malpractice and fraudulent activities carried out by a builder in [City], [State]. I believe these activities violate the laws and regulations governing the real estate sector and require immediate investigation and appropriate action.

I kindly request your assistance in addressing this matter and taking the necessary steps to ensure justice and protect the rights of the affected individuals. I have outlined the details of the case below:

  1. Builder’s Name: [Builder’s Name]
  2. Project Name: [Project Name]
  3. Location: [Project Location]

Brief Description of Malpractice: [Provide a concise description of the fraudulent activities, such as underreporting registration amounts, non-compliance with RERA regulations, corruption, or any other relevant information.]

Evidence: [Provide a summary of the evidence available, such as documents, transaction records, communication records, or any other supporting material.]

I hereby request your office to conduct a thorough investigation into this matter and take appropriate legal action against the builder in accordance with the applicable laws and regulations. I am willing to cooperate fully and provide any additional information or evidence required to support the investigation.

I trust in the competence and dedication of [Authority Name] to uphold justice and protect the interests of the public. I kindly request that I be kept informed of any progress or developments in this case.

Thank you for your attention to this matter. I look forward to a prompt and diligent response.

Yours sincerely,

[Your Name]

Annexure-2 

Note for Approval of Project

(Projects wherein at least -1- home loan has been sanctioned)

1.      

Name of Project

 

2.      

Name of wing / tower

 

3.      

RERA No. & Date

 

4.      

Name of the RERA Authority

 

5.      

RERA Valid upto (date)

 

6.      

Project Status

(completed / ongoing)

 

7.      

Project Location

 

8.      

Name of Builder

 

9.      

Constitution

(Pvt. Ltd. Company / Ltd. Company / Partnership Firm / LLP / Proprietorship Firm)

 

10.   

Registered Address

 

11.   

Company PAN No/CIN No

 

12.   

Name of the Directors / Partners / Proprietor

 

Name

DIN

1.

 

 

2.

 

 

3.

 

 

4.

 

 

5.

 

 

13.   

Key persons:

a)Name

b)Contact number

 

14.   

No. of Towers

 

15.   

Tower Details

(As per Approved Plan signed by approving authority)

 

Separate for each Tower

 

 

Tower Name

 

 

 

As per RERA

As per approved Plan

As per RERA

As per approved Plan

Tower Structure

(e.g. B1 + B2 + GF + P1 + P2 + 20 UF)

 

 

 

 

No. of Floors

 

 

 

 

No. of Flats in each Floor

 

 

 

 

Total No. of Residential Units

 

 

 

 

16.   

Other Amenities

 

S. No.

Amenities

Yes

No

1.

Gym

 

 

2.

ATM

 

 

3.

Club House

 

 

4.

Garden

 

 

5.

Walking Track

 

 

6.

Sr. Citizen sitting area

 

 

7.

Party Hall

 

 

8.

Temple

 

 

9.

 

 

 

10.

 

 

 

17.   

Approved Plan Details

Approved Plan Ref No

 

Name of Approving Authority

 

Date of Approval

 

Expected date of completion of the project

 

18.   

Inventory Details:

 

(Inventory details to be provided separately for each tower / wing.

Latest details of unsold inventory to be incorporated based on RERA or discussion with builder)

Type

(1BHK 2 BHK etc. to be mentioned separately)

Total No.

Unsold

Approx. cost per sq.ft. / sq.mtr. including amenities

Registration charges

Total Cost

1 BHK

 

 

 

 

 

2 BHK

 

 

 

 

 

3 BHK

 

 

 

 

 

Total

 

 

 

 

 

19.   

No. of existing home loan sanctioned in the project

 

20.   

 

Building / Tower No.

Building / Tower No.

Building / Tower No.

Details of existing sanction

 

 

 

a)    Date of Sanction

 

 

 

b)    LLPS Retail ID

 

 

 

c)    Limit of Home Loan sanctioned

 

 

 

d)    Disbursement status

 

 

 

e)    Name of the panel Advocate

 

 

 

f)     Date of TCR

 

 

 

g)    TCR Search carried out for 30 years

 

 

 

h)    Adverse Remark in TCR, if any

 

 

 

i)      Name of Valuer

 

 

 

j)      Date of Valuation Report

 

 

 

k)    Adverse Remark in Valuation Report, if any

 

 

 

l)      Full security description for which loan is sanctioned

 

 

 

21.   

Details of disputes / litigations pending, if any as per RERA website

(as per the latest / current search)

 

22.   

MCA Search reference & Date

(as per the latest / current search)

 

23.   

Comment on CERSAI Search

 

24.   

Whether builder/developer is in negative/Banned list (If yes, provide details)

 

25.   

The names of the promoters, i.e. Directors/Partners/Proprietor are not included in defaulters list (Suit filed and Non-Suit filed) of Reserve Bank of India/our Bank.

 

26.   

Brief Background of the promoters / Builders

 

No. of years of experience

 

No. of Projects completed

                           

No. of projects delivered i.e. 100% sold out

 

No. of projects under construction

 

Other information

 

27.   

Comments on the Project

 

 

 

 

 

28.   

Expected Business from the Project

2021-22

2022-23

2023-24

In numbers

 

 

 

In value terms (Rs. in crores)

 

 

 

                                       

 

Recommendation: Recommended for Project Approval

 

 

(Name)

bank Head

Date:

 

 

 

 

ANNEXURE –B

 

for Approval of Projects

 

Information to be obtained from Builders / Developers/Promoters for approval of the Projects

 

1.

Name of the Builder

 

 

2.

Address:

 

Tel No. Office

 

Residence

 

E-mail:

 

Mobile:

 

3.

Constitution

 

4.

Names of Directors/Partners/Proprietor 

 

 

 

 

 

5.

Date of Incorporation

 

6.

Banking Arrangements with

(Bank & Branch Name, if available

 

 

 

7.

Project on Hand

 

A

Name of the Project

 

 

B

Location

 

 

 

 

C

Project Cost & construction time

 

 

 

D

Name of Financer, if any,

 

 

 

E

Number of floors and FSI

approved

                                               

 

F

No. of Flats/ Houses under

Construction

 

 

G

Constructions started /to be started on

 

 

H

Stage of construction

 

 

I

Expected date of completion of project.

 

8.

No. of flats / houses constructed

 

9.

Flats / houses sold till date

 

10.

Time over run and Escalation in cost of construction, if any,

 

11.

Details of Disputes, if any, pending in any court

 

12.

Name of Other Banks / HFCs who approved the project for housing finance

 

13.

Whether plan approval obtained from concerned authority, if so details thereof

 

14.

Whether Title of the property under development plan is clear, marketable and free from any encumbrances.