Chapter 27: Legal Requirements for Building Permit

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.