NOC Or No Objection Certificate In India: All There Is To Know

The no objection certificate is a vital document associated with real estate in India and mandatory for homebuyers seeking a loan. It is synonymous with the property and no property work, whether it is construction, purchase, sale, lease, or rent, is complete without the NOC.

It is fundamentally a government-issued certificate specifying that the property is free from all legal issues.

Keep reading to know all about building NOC and various other NOCs in India.

Also, read about Title vs. Sales Deed.

NOC as per RERA

The RERA (Real estate Regulation & Development Act) of 2016 was enacted to organise real estate in India and boost real estate investment in India.

According to section 15 of RERA, the promoter shall not transfer or assign his majority rights and liabilities in respect of a real estate project to a third party without obtaining prior written consent (NOC) from two-thirds of allottees. After the allottees grant the no objection certificate, the RERA authority will issue a similar certificate.

NOC in construction

Builders and construction companies: The NOC is a legal prerequisite for builders and construction companies to commence construction work of any nature. They must apply for one from the respective government department. No buyer today would be willing to purchase a property without a NOC and get entangled in legal issues.

Prerequisite approvals for building NOC:

A clear land title ensures the land is free from ownership issues and reveals any pending charges. You can obtain this from the local sub-registrar office.
A land clearance ensures that there will be no problems after the commencement of work. The land clearance gives the party the authority to convert agricultural land into non-agricultural land and later use it for commercial and residential construction. Once the local body and the ministry of Urban development remove the restrictions, the parties can commence their desired work.
A zonal clearance from the finance department. The state town planning and the planning board investigate city development and subsequently forward the proposal to concerned authorities. If all is good, you will receive the zonal clearance.
A Building Approval as per Building by-laws, Master Plan, and Local Body Act from the concerned authority.
A Layout Approval from the concerned authority. For this, the concerned authorities must approve the layout design proposed by the architect.

Intimation of Disapproval (IOD)

Builders must obtain IOD at every phase of the construction. It serves as proof that the builders comply with the terms laid by the municipal authorities.

Documents to be submitted by builders and construction companies for obtaining building NOC:

Two sets of the building plan. A building plan typically contains a floor plan, roof plan, layout plan, foundation plan, building section, exterior elevation, mechanical plan, plumbing plan, electrical plan, and an analysis report)
Checklist with a filled-in questionnaire
Copy of the analysis report
Layout certified by the registered architect
Photos of the building from outside
Applicants’ ID and address proof
Blueprint of the building that must be stamped
Certificate of the building security

A building plan — Source: 3844328 / Pixabay

List of bodies in India that provide NOC (state-wise)

State/Union Territory	Department	Phone number	Address
Andhra Pradesh	APCRDA(Andhra Pradesh capital regional development authority)	0866-2527110	Lenin Center, Governorpet, Vijayawada – 520002.
Andaman and Nicobar Islands	Port Blair Municipal Council	03192233089	Mohanpura, Port Blair, Andaman and Nicobar Islands 744101
Arunachal Pradesh	Department of town planning, Arunachal Pradesh	08415929244	Town Planning and ULB, Itanagar- 791111
Assam	G uwahati metropolitan development authority	03612529824	3rd Floor, Statfed Building G.M.C.H. Road, Bhangagarh, Guwahati-781005
Bihar	UDHD, Bihar (Urban development & housing department, Bihar)	011 4074 7447	New Market, G.P.O. Golomber, New Market Station Rd, Patna, Bihar 800001
Chandigarh	Department of Urban planning, Chandigarh administration	0172-2740236	Department of Urban Planning, UT Secretariat (Deluxe) Building, Sector 9D, Chandigarh – 160 009
Chattisgarh	Chattisgarh housing board	0771251212	Paryawas Bhavan Sector – 19, North Block, Nava Raipur, Atal Nagar, District Raipur – 492002
Dadra and Nagar Haveli	Dadra and Nagar Haveli planning and development authority	02602630147	First Floor, South Wing New Collectorate Building Amli, Silvassa 396230
Daman and Diu	Department of Urban development, Daman and Diu	02602231707	Ground floor, Secretariat, Fort area, Moti Daman, Daman (U.T.) – 396220.
Delhi	Land and Development Office	011 23062871	Ministry of Urban Development Gate # 4, ‘A’ Wing, 6th floor, Moulana Azad Road, Nirman Bhawan New Delhi – 110 011
Goa	Department of town and country planning, Goa	08322437352	Dempo Tower, 2nd Floor, Patto Plaza, Panaji, Goa 403001
Gujarat	Citizen portal, Gujarat police		https://www.gujhome.gujarat.gov.in/portal/webHP
Haryana	Department of town and country planning, Haryana	+91 172 2548475, +91 172 2549851	Plot No. 3, Sec-18A, Madhya Marg, Chandigarh 160018
Himachal Pradesh	Department of urban development, Himachal Pradesh	+91 1772626518	Palika Bhavan, Talland, Shimla, Himachal Pradesh 171002
Jammu & Kashmir	Jammu municipal corporation	0191-2520448, 2520428	Town Hall Jammu, Jammu and Kashmir 180001
Jharkhand	UDHD, Jharkhand(Urban development & housing department)	06512400962	4th floor, Project Building, Dhurwa, Ranchi, Jharkhand 834004
Karnataka	Karnataka housing board	080-22273511	III and IV Floor, Cauvery Bhavan, K.G.Road, Bangalore – 560 009
Kerala	Local self-governing body under whose jurisdiction the property falls
Ladakh	Administration of Union territory of Ladakh	01982-252010	Near Pologround, Leh- Ladakh 194101
Lakshadweep	UT administration of Lakshadweep	04896-262255, 04896-262497	1st Floor, Collector’s Block, Secretariat, Kavaratti, Lakshadweep – 682555
Madhya Pradesh	MPHIDB (Madhya Pradesh housing and infrastructure development board)	+91-0755-2551659, 2550987, 2554809	3 – 4 Floor, Block-3, Habitat Bhawan, Mother Tuduperesa Marg, Bhopal-462011
Maharashtra	MHADA (Maharashtra housing and area development authority)	+91-9869988000/022-66405000	Grihanirman Bhavan Kalanagar, Bandra (E) Mumbai 400051
Manipur	MAHUD (Municipal administration housing and Urban development, Manipur)	03852450570,2445385	New Secretariat, Western Block Manipur State Data Centre, Ground Floor, Indo-Myanmar Road, Babupara, Imphal, Manipur 795001
Meghalaya	Meghalaya Urban development agency	0364-2225297 / 2221915	Raitong Building, Secretariat Hill Shillong 793001
Mizoram	UD&PA, Mizoram (Urban development & poverty alleviation, Mizoram)	0389-2333815	Khatla, Aizawl, Mizoram 796001
Nagaland	Urban development department, government of Nagaland	(0370) 2243452	A.G Colony, Kohima – 797001
Odhisa	Odhisa state housing board	+91674-2393524, +91674-2390141, +91674-2391542	Madhusudan Marg, Kharvela Nagar, Bhubaneswar, Odisha 751001
Puducherry	Puducherry planning authority	+919443227159	Jawahar Nagar, Kavery Nagar, Reddiarpalayam, Puducherry, 605005
Punjab	PUDA, Punjab urban planning & development authority	18001800062(For Citizen services helpdesk only), +91-172-2215202	Puda Bhawan Sector- 62, S.A.S Nagar Mohali, Punjab- 160062
Rajasthan	RHB (Rajasthan housing board)	01412740812	Awas Bhawan Rajasthan housing board, Jan path, Jyothi nagar, Lalkothi, Jaipur, Rajasthan 302005
Sikkim	Sikkim housing and development board		Awas Bhawan, Church Road, Gangtok, East Sikkim-737101
Tamil Nadu	TNHB (Tamil Nadu housing board)	(044)24794201	CMDA Complex, E&C Market Road, Koyambedu, Chennai – 600 107
Telangana	CCLA (Chief commissioner of land administration)	04023200027	Opp: Annapurna Hotel, Nampally Station Road, Abids, Hyderabad – 500001
Tripura	Urban development department, Government of Tripura	0381-2329301	5th floor of U.D. bhawan, Sakuntala road, near Rabindra Bhawan, Agartala 799001
Uttarakhand	Uttarakhand housing and urban development authority	01352719500	Rajeev Gandhi Complex Near Tehsil, Dispensary Road, Dehradun – 248001
West Bengal	West Bengal Housing Industry Regulatory Authority	033-2416-0606	Calcutta Greens Commercial Complex (1st Floor) 1050/2, Survey Park Kolkata-700075

Building NOC procedure:

Submit all the required documents along with the filled NOC form.
The building inspector will visit the site and prepare a report after the inspection.
After the approval, you must pay his fees and generate the challan.
Then get the final stamp on the blueprint.
And finally, get your building No objection certificate

Other NOCs required depending on the type of project:

Water and Electricity NOC:

The water and electricity NOC are the two most common NOCs and are required irrespective of the project type. Builders must obtain each from their state’s respective electric and water boards.

NOC for drainage, sewerage, and electric lines across the road:

If the construction project requires installing sewerage pipelines or electric cables along the road, then builders must obtain a NOC from the Ministry of Road Transport & Highways. The concerned officials, on inspection, will issue a NOC if the lines do not cause trouble to the public and road vehicular movement.

Fire NOC:

Any building taller than 15 meters in height in India requires a fire NOC. Fire NOC has two categories:

Provisional fire NOC:

A builder must obtain a provisional fire NOC before the commencement of construction. They must apply for this along with the submission of the building plan. Before commencing construction, the provisional fire NOC ensures that the builder has taken all safety measures to avoid fire accidents and to fight against fire if it ignites.

Final fire NOC:

After the completion of the construction, the builder must obtain the final fire NOC. The final fire NOC ensures that the constructed building complies with all the fire-safety parameters and has installed all the necessary firefighting devices.

Aviation NOC:

If a construction project is within 600 metres of the airport runway, the builder must obtain a NOC from the Airports Authority of India (AAI). Check the CCZM (Colour code zoning map) for the land. If it is red, then the builder must apply for a NOC via the NOCAS (No objection certificate application system).

The builder must first obtain an AMSL height certificate. They must then submit the certificate along with the NOC application to AAI. The AAI will issue the NOC after conducting a stringent verification.

Garden NOC:

Garden NOC is permission from the forest department that allows builders to cut branches of a tree or the complete tree present at the construction site. For every tree the builder cuts, he must plant three trees either at the same site or somewhere else within the city limits. Garden NOC has two categories.

Provisional garden NOC:

Builders must submit the application along with a map depicting the location of the trees in green, a 7/12 extract of the land, and photographs of the trees. The certificate takes 10 to 26 days.

Final garden NOC:

For the final garden NOC, builders must submit the commencement certificate, a map depicting the location of existing and newly planted trees in green, a 7/12 extract of the land, photographs of existing and new trees, and the provisional garden NOC. This certificate also takes 10 to 26 days.

Forest NOC:

If the construction project requires eradicating a part of the forest, the builders must obtain a NOC from the forest department.

Heritage NOC:

The builder must obtain a heritage NOC from the National Monuments Authority (NMA) if the project is close to centrally protected monuments. The concerned department will issue a certificate only if the project doesn’t go against the by-laws of the AMASR. This NOC takes 30 days.

NMA introduced NOAPS, an online system for the grant of heritage NOC. The applicant must submit their request online. The distance between the construction site and the monument is measured using the SMARAC app. Builders can now procure the Heritage NOC in just 30 days instead of more than three months in the past.

Road NOC:

Builders must obtain a road NOC from the Ministry of Road Transport and Highways. The Road NOC confirms that the building is constructed at an appropriate distance from the road and is in no way causing any obstruction to the road users.

Irrigation NOC:

Builders must obtain an Irrigation NOC from the Irrigation department. This NOC specifies that the project will not cause any damage to the water channels around it. If it does, the builder is responsible for the repair.

PWD NOC:

Builders are required to obtain a NOC from the public works department. The PWD NOC certifies that the proposed project will not cause any loss to public buildings and public services such as government buildings, roads, flyovers, crosswalks, skywalks, petrol pumps, drinking water sources etc.

Pollution control board NOC:

Industrialists must obtain a NOC from the pollution control board. This is essential in the case of constructing industries that emit pollutants and hazardous wastes. The concerned people from the board, on submission of the application and payment of fees, will visit the site and grant the NOC. Manufacturers must mandatorily renew the license on expiry and be ready for a random inspection.

NOC for groundwater withdrawal:

If the site does not have a public water system, then a need for a borewell arises. The person responsible for digging the borewell has to obtain permission in the form of NOC from the Central groundwater board. NOC will not be granted if an existing groundwater system is already present. This NOC must be renewed every five years and becomes void if a public water system is made available at the location.

MOU or development agreement NOC:

The MOU or the development agreement NOC is a statement between the builder and the landowner indicating that the landowner has no objections to the builder’s work. The agreement also mentions about the cost-sharing and the profit-sharing between the two parties. It is prepared with the help of lawyers under the letterhead of the construction company.

Post requisites of building NOC

Completion certificate:

The completion certificate is proof that the building construction was according to the guidelines laid by the construction governing bodies. Builders must apply for a provisional completion certificate when the project is nearing completion. This certificate is valid for six months. After 100% completion, the builders must apply for the final completion certificate.

All new buildings in India are considered commercial by default. Hence the completion certificate will be necessary in case of conversion to residential property. Not having a completion certificate can invite heavy penalties for residents and even lead to eviction. To obtain the completion certificate, builders must submit the following documents:

Project early-stage NOCs
Building plan approval
Duly filled application form
Structural safety certificate
All receipts of tax paid to date
Other necessary documents

The municipal authorities, after inspection, will issue the certificate if the building construction is as per the norms. In case of deviation from the said plan, they may order a complete demolition or ask the builder to make the required changes.

Occupancy certificate:

The final step of property formalities is obtaining an occupancy certificate from the local municipal authorities. This is possible only when you have a completion certificate. The occupancy certificate certifies that the property is fit for human use with all utilities. The builder or the home buyer can apply for the OC. Applicants must submit the following documents to obtain their OC:

Completion certificate
All NOCs
Latest tax-paid receipt
Building plan approval
Building photographs
Area computation sheet of the floor signed by an authorized architect
Photographs of rainwater harvesting and solar panels (if applicable)

Once the documents and the form have been submitted, the municipal authority will issue the occupancy certificate within 30 days.

Importance of the occupancy certificate for residents: According to the law in India, no person can claim ownership of a property unless they have an occupancy certificate. The government can evict a resident without an OC anytime. There have been many instances of owners getting evicted as they did not have an OC for their property. Home buyers have the right to enforce legal action if their builder refuses to give them an OC.

NOC from legal heirs for property transfer: Sometimes, the legal heirs to a property will have no interest in claiming the property. In such cases, they must submit a NOC expressing their disinterest and stating that they have no objections if someone else takes over the property. Instead of a NOC, they may wish to execute a relinquishment deed.

Follow the steps below in case you wish to submit a NOC as an heir:

Get your NOC draft printed on a 100 INR. E-stamp paper. The draft must contain your name, the other party’s name, and paid by name.
Take the draft along with ID proofs to a notary near you.
The notary will cross-check the IDs and confirm your agreement with the draft, after which you and the other party must sign.
Lastly, the notary will seal and sign the NOC.

NOC for sales of the property in India:

Just like you require a NOC for transferring property to a legal heir, you also need one for its sale. No buyer will purchase a property without a NOC. NOC proves that the property is free from all dues and legal issues. To obtain a NOC for property transfer, please follow the steps below:

Get your NOC draft printed on 100 rupees e -stamp paper. The draft must contain your name, the other party’s name, and paid by name.
Take the draft along with ID proofs to a notary near you.
The notary will cross-check the IDs and confirm your agreement with the draft, after which you and the other party must sign.
Lastly, the notary will seal and sign the NOC.

Documents required for NOC for property transfer:

Three passport-size photographs of the property buyer and seller.
Photo ID proofs of the property buyer and seller.
Declaration of consideration.
The latest tax paid receipt.
Proof of the buyer’s citizenship, such as passport, voter’s ID, Aadhar card, or birth certificate.
Land Patta(a document issued by the tehsildar declaring the ownership)
Affidavit for the NOC.
Copy of the Power of Attorney, if applicable.
Affidavit in favour of POA holder.
Co-owners NOC in case of joint ownership.
PAN/ TAN Card.
All NOCs – building, water, electricity, fire, and all other NOCs applicable to the building.
Completion certificate
Occupancy certificate

NOC for renting, leasing, or mortgaging property:

Property owners who wish to rent/lease their property must obtain a NOC specifying that they have no objection to the tenant/lessee using their premises for the said purpose. This NOC is usually required when owners let out their property to companies. The NOC will specify the period for which the property will be used and other terms and conditions.

The rental/lease NOC will contain:

Landlords name
Companies name to which the property is being let out.
Property address
Date & place
Landlord’s name, signature, and contact number

NOC for renting — Source: stevepb / Pixabay

NOC for tenants’ passports:

Sometimes, people staying in rented accommodation will require a NOC from their landlord for their new passport or renewal of their old one. This is usually rare, and in cases where there is no rental agreement between the tenant and landlord or if the rental agreement has expired. If required, please check with the passport authority on the prescribed format.

NOC for reselling international SIM cards in India:

If you are a business owner who wants to sell non-Indian SIM cards in India, then you must obtain a NOC from the Telecom Department. People who visit India briefly usually opt for these services as it is cheaper than availing of international roaming services of Indian mobile service providers. As of 30.06.2022, 21 business owners in India have been granted a NOC by DOT for reselling international SIM cards.

NOC for writing UPSC:

Public sector employees who want to appear for UPSC exams must obtain a NOC from their employer stating that they have no objection to them writing the UPSC exam.

No Objection Certificate for vehicle:

In India, you require a NOC for your motor vehicle if you are going to use it in another state for more than a year and plan to re-register it. It must specify that your vehicle has no dues in your original state. It will be valid for only six months, and you will not be able to use it for vehicle registration post expiry.

To obtain the NOC for your vehicle offline:

Visit your local RTO, complete form CMV 28, and submit the required documents.
Pay the fees of Rs. 100
The RTO will submit your application to the police authority, who will verify if there are pending traffic violations or any criminal cases.
If there are no pending cases, then the police department will issue the No Objection Certificate to RTO, who will subsequently issue it to you. It usually takes three to four business days.

The Ministry of Road Transport & Highways has enabled Indian citizens of all states and Union territories to obtain vehicle NOC online. You must log on to https://parivahan.gov.in/parivahan/en, enter the requisite details, complete the formalities, clear the dues, make the NOC payment, and save the generated No Objection Certificate application and acknowledgement receipt.

Afterwards, you’d be required to visit your area’s RTO along with your documents, acknowledgement receipt, and other necessary documents. The officials, after a cross-verification, will issue the No Objection Certificate.

Documents required:

Vehicle’s insurance certificate
Vehicle’s Registration Certificate
ID and address proof
A PUC (pollution under control) emission test certificate
Permit and fitness certificate, in case of commercial vehicle
Financier on CMV form 28, in case the vehicle is covered under Hypothecation, HPA or lease agreement
Pencil print of chassis number

With fraud and cheating prevalent these days, it is always advisable to take along a trusted lawyer with you while pursuing legal matters. No Objection Certificate and all other necessary documents of your assets are vital to avoid unnecessary legal issues and financial burdens. In case you are embroiled in a legal tussle, the No Objection Certificate can help you be a winner.