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 50,000Sq.m to 20,000Sq.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 Railways, 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 (as specified in Appendix-II). The objective is to make the whole process simplified and streamlined to ensure ease in getting the approvals for building licence within stipulated time.
14.2 Clearances at Master Plan level
Individual construction proposals shall not generally require separate clearances from various authorities each time. Such clearances shall be integrated into the Zonal Regulations of the Master Plan of the concerned Local Planning Area. The areas unaffected by any of the restrictions shall 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.
The composite map of each LPA shall be incorporated as part of the automation process undertaken by the Government and notified separately for each LPA as and when such maps are prepared, in consultation with the concerned authorities, preferably on GIS platform. Following are the clearances which shall be integrated into the city Master Plan-
| Sl. No. | Name of Agency | Type of Clearance | Area of Influence |
|---|---|---|---|
| 1. | National Monuments Authority through Competent 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/coastalareas) | 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. |
| 7. | Airport Authority of India | Height clearance | Height restriction areas in the vicinity of Airports |
Efforts are being made at the Government of India level and the State Government level to coordinate with all the Central and State 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 the Master Plan /Zonal Regulations.
14.3 Risk Based Classification of building proposals
There is a need to make provisions for fast-tracking building permission procedures for all non-automatic 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 –
| Risks | Very Low | Low | Moderate | High | |
| Criteria | Parameters | ||||
| Size of the | Square | Below105 | 105-500 | Above 500 m2 | All sizes |
| Plot | Metres | m2 | m2 | ||
| No. of | (G + no. of | (G+2) | (G+ 3) | (G+ 3) but less | (G+ 4) or above |
| Floors/ | floor) | than 15m | 15m height | ||
| Height of | height buildings | buildings | |||
| Building | |||||
| Use of the | Various | Residential | Residential | Plotted/ Group | Group Housing |
| premise | Categories | Plotted | Plotted | Housing | |
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
| Risks | Very Low | Low | Moderate | High |
|---|---|---|---|---|
| Construction area in all floors (Sq.m) | Up to 250m<sup>2</sup> | Above 250m<sup>2</sup> and up to 2000m<sup>2</sup> |
14.4 Fast Tracking Tools:
Fast tracking tools are provided here below for issuing building licence. However, the procedure prescribed in Clause 3.16, 3.17 & 3.18 shall be followed
14.4.1 For very Low Risk Buildings:
(1) Plans to be submitted online to the Authority along with the required details specified in clause 3.15.2and Affidavit / Undertaking from the Applicant and Professional on Record for drawing & supervision.
(2) Deemed Approval with Self-Certification.
14.4.2 For Low Risk Buildings:
(1) Plans to be submitted online to the Authority along with the required details specified in clause 3.15.2
(2) The Empanelled professional (qualification & competence as notified by the government) selected as per the predetermined logic shall grant the building permit as per the procedure notified by the government within the timelines specified in Appendix VIII
14.4.3 For Moderate Risk Buildings:
(1) Plans to be submitted online to the Authority along with the required details specified in clause 3.11
(2) Approval to be granted by the Authority within the timelines specified in Appendix VIII
(3) Deemed licence to be issued online automatically if the Authority does not grant approval within the timelines specified in Appendix VIII
14.4.4 For High Risk Buildings:
(1) Common application form as specified in Appendix-II for building licence and all required NOCs to be submitted online to the Authority along with the details specified in clause 3.11
(2) NOCs to be issued by the concerned departments online within the timelines specified in Appendix VIII
(3) Deemed NOCs to be issued online by the Authority if the concerned department does not issue NOC within the specified timelines.
(4) Approval to be granted by the Authority within the timelines specified in Appendix VIII
(5) Deemed licence to be issued online automatically if the Authority does not grant approval within the timelines specified in Appendix VIII
14.5 Other Tools to enhance ease of doing business:
Some other Tools, regarding Fast-Track construction licences are:
14.5.1 ‘Citizens’ Charter
A ‘Citizens’ charter as notified by the Government shall list out the timelines and upper limits of time for the delivery of citizen services of the Authority. 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 providing various citizen services and the standard procedure shall be listed out in the citizens’ charter.
14.5.2 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.
14.5.3 Simplification of bye-laws
The building Bye-Laws have been simplified for easy comprehension of lay person as well as professionals involved in developmental activities. The simplification process also includes the process of application, the filling up of forms and streamlining the process of application and sanctioning through online system.