KERALA LAND BUYER'S COMPANION HANDBOOK
Architect Shahdad Karim
PART V: Professional Services and Project Materials
Chapter
27: Legal Requirements for Building Permits
Understand the legal
requirements for building permits and approvals.
Buying a home is one of the most
significant financial investments you will make in your lifetime. While the
aesthetics and location of a property may be attractive, it is essential to
understand the legal requirements for building permits and approvals before
making a purchase. In this chapter, we will discuss the legal requirements for
building permits and approvals in Kerala and how to navigate them.
In Kerala, building permits and
approvals are governed by the Kerala Municipality Building Rules (KMBR), the
Kerala Panchayat Building Rules (KPBR), and the Kerala Coastal Zone Management
Plan (KCZMP). The KMBR applies to buildings constructed within the limits of
municipalities, while the KPBR applies to buildings constructed within the
limits of panchayats. The KCZMP applies to buildings constructed within the
Coastal Regulation Zone (CRZ) in the state of Kerala.
The first step in obtaining a building
permit is to obtain a land-use certificate from the local planning authority.
This certificate confirms that the land on which the building is to be
constructed is zoned for the intended use. The application for the land-use
certificate must be accompanied by a site plan, which shows the location of the
proposed building in relation to the boundaries of the property, and a survey
plan, which shows the exact dimensions and boundaries of the property.
Once the land-use certificate has
been obtained, the next step is to obtain a building permit from the local
building authority. The application for a building permit must be accompanied
by detailed drawings of the proposed building, including plans, elevations,
sections, and structural details. The drawings must be prepared by a licensed
architect or engineer and must comply with the building code and zoning
regulations in force in the area.
The local building authority will
review the application and drawings and may request additional information or
modifications. Once the application has been approved, the building permit will
be issued, and construction may begin.
During the construction phase, the
local building authority will conduct periodic inspections to ensure that the
construction is in compliance with the approved plans and specifications. Once
the construction is complete, a final inspection will be conducted, and a
completion certificate will be issued.
In addition to building permits,
there are other approvals that may be required depending on the location and
nature of the proposed building. For example, if the building is located within
the Coastal Regulation Zone (CRZ), a no-objection certificate (NOC) must be
obtained from the Kerala Coastal Zone Management Authority (KCZMA). The NOC confirms
that the proposed construction is in compliance with the regulations governing
development within the CRZ.
Similarly, if the proposed building
is more than a certain height, a clearance certificate must be obtained from
the Airports Authority of India (AAI) to ensure that the building does not pose
a hazard to air traffic. If the building is located near a national park or
wildlife sanctuary, a wildlife clearance certificate must be obtained from the
Chief Wildlife Warden to ensure that the construction does not adversely affect
the habitat or migratory routes of wildlife.
It is essential to understand the
legal requirements for building permits and approvals to ensure that your
investment is protected. Failure to obtain the necessary approvals can result
in fines, penalties, and legal disputes that can be costly and time-consuming
to resolve.
In addition to obtaining the
necessary permits and approvals, it is also essential to ensure that the
construction is in compliance with the building code and zoning regulations in
force in the area. This ensures that the building is safe, habitable, and meets
the minimum standards for construction.
It is advisable to engage the services of a licensed architect or engineer to prepare the drawings and supervise the construction to ensure that the building is constructed in compliance with the approved plans and specifications. The architect or engineer can also assist in obtaining the necessary approvals and clearances and can advise on the legal requirements for building permits.
