Dealing with Construction Permits Questionnaire www ...dipp.nic.in/sites/default/files/Construction Permits-Delhi.pdf · Dealing with Construction Permits Questionnaire – India

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Dealing with Construction Permits Questionnaire – India Delhi www.doingbusiness.org

Dear Contributor , We would like to thank you for your participation in the Doing Business project. Your expertise in the area of dealing with construction permits in India Delhi is essential to the success of the Doing Business report, one of the flagship publications of the World Bank Group that benchmarks business regulations in 190 economies worldwide. The Dealing with Construction Permits indicator, which measures the procedures, time and cost required for a business in the construction industry to build a warehouse and the quality of building regulations, is one of the 11 indicator sets published by the Doing Business report. The report attracts much attention around the world. The latest edition, Doing Business 2017: Equal Opportunity for All, introduced improvements in the paying taxes and protecting minority investors indicators, and included a gender component in 3 of 11 Doing Business indicator sets. It received over 7,000 media citations within just a week of its publication on October 25, 2016 and the report was downloaded almost 40,000 times within that same period. A record 137 economies implemented a total of 283 reforms. Low and middle income countries carried out more than 75% of these reforms, with Sub-Saharan Africa accounting for 80 of them. Governments worldwide read the report with interest every year, and your contribution makes it possible for the Doing Business project to disseminate the regulatory best practices that continue to inspire their regulatory reform efforts. Since 2010, economies worldwide have implemented 159 reforms making it easier to deal with construction permits and build a warehouse. In 2015/16, 18 economies implemented such reforms. We are honored to be able to count on your expertise for Doing Business 2018. Please do the following in completing the questionnaire:

Review the assumptions of the case study before updating last year's information in the questionnaire.

Describe in detail any reform that has affected the process for obtaining a construction permit since June 1, 2016.

Be sure to update your name and address if necessary, so that we can mail you a complimentary copy of the report.

Kindly return the questionnaire to Marie Delion at [email protected].

We thank you again for your invaluable contribution to the work of the World Bank Group. Sincerely, Marie Delion Tel: +1 202 473-0183 Fax: (202) 473-5758 Email: [email protected]

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Primary Contributor Information: Please check the box next to information you do not want us to publish.

Name

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[Shailendra] [Singh]

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[Joint Secretary]

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Contact details

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Firm name [Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India]

Website [http://dipp.nic.in/]

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Street [Udyog Bhavan, Rafi Ahmed Kidwai Marg, Rajpath Area]

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City [New Delhi] State/ Province [Delhi]

Zip/Postal code [ 110117 ] Country [India]

7 IND_Delh 376

Additional Contributor(s): If there are more people whom you would like us to acknowledge, kindly send us an e-mail.

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Paperless Option for Complimentary Report and Certificate Last year contributors saved nearly half a million pieces of paper by selecting the paperless report option. We welcome you to join us in conserving resources:

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1. CASE STUDY ASSUMPTIONS The Dealing with Construction Permits indicator records all procedures that are required for a business in the construction industry to build a standardized warehouse. These procedures include submitting all relevant project-specific documents to the authorities; obtaining all necessary clearances, licenses, permits and certificates; completing all required notifications; and receiving all necessary inspections. The indicator also records procedures for obtaining connections for water and sewerage, measures the quality of building regulation and its implementation in the Building Quality Control Index. Please provide responses to all questions in the questionnaire (unless otherwise specified) based on the case study assumptions and information below.

The company, BuildCo:

Description

Operates in Delhi .

Is a 100% domestically and privately-owned limited liability company (LLC).

Is fully licensed and insured to carry out construction projects, such as building warehouses.

Has already paid all taxes and subscribed to an All Risks Insurance to cover injuries to construction workers and third-person liability.

Ownership and employees

Has 5 owners, none of whom is a legal entity.

Has 60 builders and other employees, all of them nationals with the technical expertise and professional experience necessary to obtain construction permits and approvals.

Has one licensed architect and one engineer, and both are registered with their local associations.

The land plot on which the warehouse is to be built:

Is 929 square meters (10,000 square feet).

Is 100% owned by BuildCo and is registered in the cadastre and land registry.

Has road access and is located in the periurban area of Delhi (i.e., on the fringes of the city but still within its official limits).

Is not located in an economic or industrial zone that is subject to any special requirements (i.e., tax-free zone, etc.). However, the zoning requirements for warehouses are met by building it in an area where other similar warehouses can be found.

Warehouse specifications

Has two levels, both above ground (G + 1), with a total surface of approximately 1,300.6 square meters (14,00 square feet).The height of each floor is 3 meters (9 feet, 10 inches).

Will be used for storage of non-hazardous and non-perishable goods (e.g. books, stationery, etc.)

Water and sewerage connection: New connection

The warehouse is 150 meters (492.1 feet) away from the existing water source and sewer tap.

A fire extinguishing system (dry system) is used. If a wet fire protection system is required by law, it is assumed that the water demand listed below also covers the water needed for fire protection.

Daily water consumption is 0.7m3 and wastewater flow is estimated at 0.6 m3. Peak water consumption is estimated at 1 m3

The water connection pipe is 1 inch in diameter, and the sewerage connection pipe is 4 inches in diameter.

The warehouse neither uses nor stores chemicals.

A septic tank in the smallest size available is installed or built if there is no sewerage infrastructure in the economy.

A borehole is dug if there is no water delivery infrastructure in the economy.

All material and labor costs should be taken into account in the cost to connect to water and sewerage (except for the overhead tank for the water connection).

Estimated value of the warehouse: INR 5,114,479

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1.1 Is the warehouse described above likely to be built in the following location(s) in Delhi: ? Please choose only among those that are in the periurban area of Delhi (i.e., on the fringes of the city but still within its official limits).

Response If no, please indicate the location(s) where it is most likely to be built:

Yes However in the last 5 years no such case has been submitted for approval

2. REFORM UPDATE

2.1. Last year Doing Business recorded the following initiative that was expected to have an impact on the process of obtaining a construction permit (if no reform is shown here, please skip to question 2.2):

Has this reform been implemented since June 1, 2016? Response: -Click to Select- Comment:

2.2. Have there been any reforms (changes in practice or in the laws and regulations) that have had an impact on the process of obtaining construction permits since June 1, 2016?

Response: Yes

If yes, please indicate the name and date of the law and/or the measure taken: 1. Unified Building Bye-laws (UBBL) for Delhi were notified on 22nd March 2016. This introduced provision for online Single Window System for building plan approval. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=1e23455d-f52b-4a03-a96c-8c067191ff3e&fileName=Unified%20Building%20Bye%20Laws%20for%20Delhi%202016 2. MCD issued a circular on 03.01.2017 for reducing the number of procedures for construction permits for building plan approval till issuance of Occupancy-cum-Completion Certificate (OCC) from 29 (as noted in last year) to 8. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=22409d3b-ec97-4c84-bc42-9a38bb093b0c&fileName=Circular%20Regarding%20Reduction%20in%20the%20number%20of%20procedures%20and%20Time%20in%20EODB%20Dated%2003/01/2017 3. Qualification of professionals and accreditation to Professional Bodies for sanction of building plan was notified by MCD through circular dated 30.01.2017. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=b592d714-384d-46dd-9982-480ad01287cb&fileName=Circular%20regarding%20Qualification%20of%20Professionals%20for%20sanction%20of%20Building%20Plans%20dated%2030/01/2017 4. Inspection for plinth level was fast-paced based on risk based classification MCDs through circular dated 30.01.2017. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=9d4f0500-449f-4926-8e48-b4863fecea32&fileName=Circular%20regarding%20Risk%20Based%20Inspection%20for%20Plinth%20Level%20Intimation%20dated%2030/01/2017 5. Requirement of documents for sanction of building plan was reduced by MCD through circular dated 23.02.2017. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=e06800ae-9d77-41ce-a56b-e48a08c441f1&fileName=Circular%20reg%20Requirement%20of%20documents-online%20Sanction%20of%20Building%20Plans-EODB%20dated%2023.02.2017 6. An amendment of UBBL was notified on 05.04.2017. This amendment has introduced various new provisions for Ease of Doing Business in construction permits including those which have already come in force

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through MCD circulars listed above from 2 to 5. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=a75dec64-f57f-4d67-b9f9-6e210dbf3861&fileName=UBBL%20Amendment%20Gazette%20Notification%20Dated%2005/04/2017 7. As per clause 2.0.1 of amended UBBL, complete process of building plan approval uptil issuance of Occupancy-cum-Completion certificate (OCC) is to be completed in following 8 procedures within 60 days: i. Submission of application for sanction of building plan in Common Application Form (CAF) along with building permit fees, drawings and documents. (0.5 days) ii. Grant of sanction within stipulated period. (28 days) iii. Payment of requisite fees & charges, as applicable, and release of sanctioned building plan. (1 day) iv. Intimation of completion of work up to plinth level. (0.5 days) v. Plinth level inspection followed by issue of plinth level inspection certificate. (7 days) vi. Submission of application for issue of Occupancy-cum-Completion Certificate (OCC) in Common-Occupancy-cum-Completion Certificate Request Form (COCCRF) along with requisite fees, drawings and documents. (15 days) vii. Inspection by all concerned departments. (7 days) viii. Intimation of compounding fee and charges, if applicable, and release of OCC and completion plan. (0.5 days) http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=a75dec64-f57f-4d67-b9f9-6e210dbf3861&fileName=UBBL%20Amendment%20Gazette%20Notification%20Dated%2005/04/2017 8. As perclause 2.3.4 of amended UBBL, building plan approval has to be mandatorily granted within 30 days, else deemed approval is to be given automatically. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=a75dec64-f57f-4d67-b9f9-6e210dbf3861&fileName=UBBL%20Amendment%20Gazette%20Notification%20Dated%2005/04/2017 9. As per clause 2.5.4 (b) amended UBBL the plinth level inspection has to be mandatorily completed within 07 days, else deemed approval is to be granted. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=a75dec64-f57f-4d67-b9f9-6e210dbf3861&fileName=UBBL%20Amendment%20Gazette%20Notification%20Dated%2005/04/2017 10. There is a common application form (CAF) capturing all requirements for building plan approval for the Municipal Corporation and also for all internal/external agencies for granting ‗No Objection Certificate‘ (NOC)/clearances such as Airports Authority of India (AAI), National Monuments Authority (NMA), Delhi Urban Arts Commission (DUAC), Heritage Conservation Committee (HCC), Delhi Metro Rail Corporation (DMRC), Delhi Pollution Control Committee (DPCC) etc. CAF also includes an online calculator, for building proponents to calculate fees/charges online and make payment online at one place which is transferred to concerned agencies by MCD by using e-payment system. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=9f520ebd-1eaf-4fcc-af8e-c5b2398a7494&fileName=Circular%20regarding%20Integration%20of%20NOC%20Departments%20%20Dated%2031/03/2015 11. Municipal Corporation has operationalized online single window system for complete process, i.e. building plan approval, plinth level inspection and Occupancy-cum-Completion Certificate (OCC) which integrates seamlessly with all internal/external agencies. Circular dated 31.03.2015 is available at the link: http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=9f520ebd-1eaf-4fcc-af8e-c5b2398a7494&fileName=Circular%20regarding%20Integration%20of%20NOC%20Departments%20%20Dated%2031/03/2015 Circular dated 30.01.2017 is available at the link: http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=9d4f0500-449f-4926-8e48-b4863fecea32&fileName=Circular%20regarding%20Risk%20Based%20Inspection%20for%20Plinth%20Level%20Intimation%20dated%2030/01/2017

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Circular dated 30.03.2017 is available at the link: http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=caa4878c-27e0-4f35-9a3a-2c2b95877fea&fileName=Circular%20regarding%20Integration%20of%20DPCC%20&%20Forest%20Deptt.%20with%20CAF%20of%20MCD%20Dated%2030.03.2017 12. There is an online common occupancy-cum-completion requirement form (COCCRF) which captures requirement of all agencies for granting OCC. This certificate is to be granted mandatorily within 22 days (15 days for inspection + 07 days for processing by MCD). Circular dated 03.01.2017 is available at the link: http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=b592d714-384d-46dd-9982-480ad01287cb&fileName=Circular%20regarding%20Qualification%20of%20Professionals%20for%20sanction%20of%20Building%20Plans%20dated%2030/01/2017 Clause 2.7.7 of Amended UBBL dated 05/04/2017 http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=a75dec64-f57f-4d67-b9f9-6e210dbf3861&fileName=UBBL%20Amendment%20Gazette%20Notification%20Dated%2005/04/2017 13. Therefore, maximum time in completing all the processes from building plan approval till issuance of OCC has been restricted to less than 60 days under bye-laws. Circular dated 03.01.2017 is available at the link: http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=b592d714-384d-46dd-9982-480ad01287cb&fileName=Circular%20regarding%20Qualification%20of%20Professionals%20for%20sanction%20of%20Building%20Plans%20dated%2030/01/2017 14. MCD has defined the criteria of qualification/certification/experience requirement of professionals (architects, engineers, structural engineers, etc. - engaged in building plan approval process). http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=b592d714-384d-46dd-9982-480ad01287cb&fileName=Circular%20regarding%20Qualification%20of%20Professionals%20for%20sanction%20of%20Building%20Plans%20dated%2030/01/2017 15. MCD has introduced system of risk based classification in the amended UBBL for all categories. These classifications are used for fast-pacing the building plan approval, inspection and grant of occupancy-cum-completion certificate (OCC). UBBL-2016 is available on the link: http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=1e23455d-f52b-4a03-a96c-8c067191ff3e&fileName=Unified%20Building%20Bye%20Laws%20for%20Delhi%202016 Amended UBBL is available on the link: http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=a75dec64-f57f-4d67-b9f9-6e210dbf3861&fileName=UBBL%20Amendment%20Gazette%20Notification%20Dated%2005/04/2017 16. As per clause 2.10(a) of amended UBBL, there is a provision for latent defect liability for architects/structural engineers/site engineers/construction company for structural flaws found after the building is brought into use. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=a75dec64-f57f-4d67-b9f9-6e210dbf3861&fileName=UBBL%20Amendment%20Gazette%20Notification%20Dated%2005/04/2017 17. As per clause 2.10(b) of amended UBBL, there is a provision for requirement of decennial professional indemnity insurance to cover for structural flaws after use for different professionals engaged in building construction, i.e. architects/contractors/structural engineers, etc.

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http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=a75dec64-f57f-4d67-b9f9-6e210dbf3861&fileName=UBBL%20Amendment%20Gazette%20Notification%20Dated%2005/04/2017 18. Delhi Jal Board (DJB) has revised infrastructure charges for commercial/industrial connections thereby reducing the cost burden on the applicant very significantly. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=2e7fdf85-9379-4e1d-9b0b-92aeabf78752&fileName=Circular%20of%20DJB%20Regarding%20Reduction%20in%20Connection%20Charges%20dated%2018/01/2017 19. No NOC is required from DJB for building plan approval. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=59195a5f-474d-4281-b28f-4e52051df666&fileName=Circular%20regarding%20No%20Requirement%20of%20NOC%20from%20DJB%20&%20DISCOM%20for%20Online%20Plans%20Dated%2030.03.2017 20. Now, there is no requirement for getting NOC from Delhi Pollution Control Committee (DPCC) for installing DG sets. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=4c68dd8d-ce3e-4124-a3dd-6526a037b02c&fileName=Office%20Memorandum%20of%20DPCC%20regarding%20EODB%20dated%2008/02/2017 21. NOC requirement of different external agencies like Airports Authority of India (AAI), National Monuments Authority (NMA), Delhi Metro Rail Corporation (DMRC), Delhi Urban Art Commission (DUAC), etc. have been mapped as Colour-Coded Zonal Map (CCZM) on GIS platform superimposed on Delhi‘s GIS Map. Therefore, now building proponent can find out their NOC requirements online for the building falling in particular Colour-coded Zone. NOC is not required from such agencies for which building falls outside their Colour-coded Zones. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=7a2d2567-530e-4d3b-be28-11206058063e&fileName=Circular%20reg.%20Colour%20Coded%20Zonal%20Maps%20(CCZMs)%20of%20the%20NOC%20Departments%20dated%2031/01/2017 22. Whole process has been significantly simplified and made user friendly. Requirement of affidavits has been done away with. There is no need of submitting notorized certificates. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=ad976ac3-967c-4578-8b87-ac399debebef&fileName=Circular%20reg.%20e-undertaking%20under%20EODB%20Dated%2006.03.2017 23. Building proponents are being issued approved building plans online with digital signature, which is available online in downloadable format. http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=1d2149e1-e636-433f-8e57-952649681799&fileName=Circular%20regarding%20CAF%20&%20Digital%20Signatures%20in%20EODB%20dated%2004/04/2016 With the above reforms, the average time of sanction has been reduced to 18 days. From 08/04/2016 to 20/03/2017 total 2743 applications were received out of which 2345 were sanctioned within an average time of 18 days. - More than 70 applications have been deemed sanctioned in November after which the average time of sanction has been reduced to approx. 8 days. - Some of the completed applications have been sanctioned within minutes of filing - 354 applications have been sanctioned online within a day of the application

2.3. Are you aware of any reform (in practice or in laws or regulations) that would have an impact on the process of obtaining construction permits and that is expected to be adopted prior to June 1, 2017?

Response: No If yes, please describe:

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3. DOING BUSINESS RESEARCH QUESTIONS AND BUILDING QUALITY CONTROL INDEX

RESEARCH QUESTIONS

3.1 Is a geotechnical study / Soil test required for a G + 1 warehouse with a total surface of

Answer

1. 1300.6 sq. m.: No

If your answer is yes to any of the above questions, since what year has it been required?

(i) what is the average cost:

(ii) what is the average time to obtain the results:

(iii) what is the name of the agency:

3.2 As an architect/engineer, would you need a topographical survey of the land prior to developing your architectural/structural plans, for a concrete structure with

Answer

1. a total surface of 1300.6 sq. m. and a land plot of 929 sq. m.: No

If your answer is yes to the above question, since what year has it been required?

(i) what is the average cost:

(ii) what is the average time in calendar days to obtain the topographical survey:

(iii) what is the name of the agency:

Additional comments/clarifications As per clause 2.1.5 of amended UBBL, 2016 the soil testing requirement is applicable only for High Risk Buildings. In case of the warehous soil testing is not a requirement since warehouse falls into Low Risk category.

For your convenience, last year‘s aggregate answers (if available) are included in both Section 3 and 4 of the questionnaire. They represent a unified answer based on the answers we received from various contributors. Therefore, they may not match the specific answers that you or colleagues in your firm provided last year. Please update the data for the Building Quality Control Index in Section 3 as well as the list of procedures in Section 4, taking into account the assumptions of the case study described in Section 1. Please describe in detail any change to the data and indicate when the change took effect. Please also specify the reason why you think the data for this year should be different: Correction—meaning that the unified answer was erroneous in previous year(s) and did not reflect the reality in your economy, or Reform—referring to a modification in practice or by law that occurred after June 1, 2016.

BUILDING QUALITY CONTROL INDEX

A. Building regulations: law describing the administrative procedures and documentation requirements pertaining to building control, including the pre-approvals, plan reviews, issuance of permits, inspections and occupancy permits

Last Year This Year

3.2. How accessible are building laws and regulations in your economy? (please check all that apply)

The currently applicable regulations are available online on a website (or websites).

Yes Yes

Website(s) where the regulations are published http://www.dda.org.in/ddanew/planning.aspx

The currently applicable regulations are available at the relevant

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permit-issuing authority and/or through an official gazette:

(i) They are available free of charge Yes Yes

(ii) They are available for purchase No No

They are available but are not updated. Yes No

They are not easily accessible. No

If you made changes to last year‘s information, please indicate whether the change is due to a correction or a reform: Reform

Please explain the changes and provide the legal basis where applicable: Bye-laws have been adopted by the Local Bodies / Govt. of NCT of Delhi and are available in public domain at https://www.ndmc.gov.in/public_notice/MODEL%20BUILDING%20BYE%20LAWS-2016.pdf The Bye-laws were amended in 2017 and the amended Bye Laws are available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf

Additional comments: Bye-laws have been adopted by the Local Bodies / Govt. of NCT of Delhi and are available in public domain at https://www.ndmc.gov.in/public_notice/MODEL%20BUILDING%20BYE%20LAWS-2016.pdf The Bye Laws were amended in 2017 and the amended Bye Laws are available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf

3.3. Which of the below listed requirements are clearly specified in the construction regulations, or any accessible website, brochure or pamphlet? (please check all that apply)

1. List of required documents to submit to request and obtain a building permit (e.g., land ownership certificate, types of drawings and plans, etc.).

Yes Yes

2. Fees to be paid for the building permit Yes Yes

3. All required pre-approvals of the drawings/plans by the relevant agencies (e.g., electrical, water, sewerage, environmental etc.).

Yes Yes

4. Requirements to obtain the Occupancy Certificate. Yes Yes

5. The time limit to process and issue the building permit request.

Yes

(i) Please specify the time limit: 60 days

(ii) Please specify the law: The time-limit for sanction of the Building Plans is mentioned in UBBL-2016 in Chapter 3 (https://www.ndmc.gov.in/public_notice/MODEL%20BUILDING%20BYE%20LAWS-2016.pdf). Table 3.2 provide the risk based matrix for buildings and clause 3.1.2.3 defines the timelines for sanction of building plans. The time limit for sanctioning low risk building is 10 days, moderate risk is 20 days and high risk is 30 days.

(iii) Is the time limit always respected in practice? Yes

6. If the list of required documents, fees and pre-approvals information are available online, please provide a link to the website(s):

UBBL 2016 is available at https://www.ndmc.gov.in/public_notice/MODEL%20BUILDING%20BYE%20LAWS-2016.pdf Amended UBBL 2016 is available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20

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April%202017060417.pdf


Please explain the changes and provide the legal basis where applicable: Risk based classification for building has been introduced to provide fast track approvals in Chapter 3 of Bye Laws. The building bye laws are available at https://www.ndmc.gov.in/public_notice/MODEL%20BUILDING%20BYE%20LAWS-2016.pdf

Additional comments:

3.4. Building Codes/complete set of minimum technical requirements

Is there a National Building Code and/or a unified set of building standards that all constructions must respect in your economy? If your answer is yes:

Yes Yes

(i) Is the Code/Unified Standards available online? Yes Yes

(ii) If online, please provide the link to the website: The National Building Code (NBC) is advisory in nature and the relevant /applicable clauses/ chapters of the same have been adopted in the UBBL-2016. The Bye-laws have been adopted by the Local Bodies / Govt. of NCT of Delhi and are available in public domain at https://www.ndmc.gov.in/public_notice/MODEL%20BUILDING%20BYE%20LAWS-2016.pdf

Does the National Building Code provide clear provisions or guidelines on

• Natural disaster resistant construction such (floods, storms, earthquakes and so on)

Yes

• Building classification according to certain criteria (e.g. usage; size)

Yes Yes

• Fire prevention Yes Yes

• Sanitation facilities Yes Yes

• Soil Testing requirements for certain permanent building types Yes

• Structural Strength (materials to be used) Yes Yes


Please explain the changes and provide the legal basis where applicable: As per clause 2.1.5 of the amended UBBL-2016, the soil testing is applicable for the high risk buildings only. In case of the warehouse being considered, which falls under low risk category, soil testing is not required. The Delhi Unified Building Bye Laws- 2016 have all the above provisions in accordance with the NBC. The Bye-laws have been adopted by the Local Bodies / Govt. of NCT of Delhi and are available in public domain at https://www.ndmc.gov.in/public_notice/MODEL%20BUILDING%20BYE%20LAWS-2016.pdf


3.5. Third party involvement in construction projects

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(i) Does the Building Department contract with licensed private "Third Party‖ entities to carry out building control activities such as plan review, on-site inspection or permitting? If no, please skip the entire section

Yes for simple projects or low risk

If yes, please provide the legal basis: https://www.ndmc.gov.in/public_notice/MODEL%20BUILDING%20BYE%20LAWS-2016.pdf

(ii) Which agency provides the certification of third-party entities? Government Agency/Municipality

(iii) What are the requirements for the certification of third-party entities? (please check all that apply)

a. Number of years of practice in the industry: Yes

b. Technical degrees held by staff Yes

c. Proof of past work experience of staff or track record Yes

d. Other documents that must be submitted (please specify): Council of

Architecture

Registration

License in case

of the architects

and Registration

with MCD in

case of

Engineer /

Structural

Engineer is

required

(iv) Once licensed, is there a rating system to assess the performance of third-party entities (e.g. ―Grade A‖ or ―Class 1‖ categories; criteria whereby only firms with a proven track record of experience can oversee high-risk projects, etc.)?

Please explain:

No

(v) What are the tasks subject to private third-party services (please check all that apply)?

a. Architectural and structural plan reviews before construction Yes

b. Issuance of the building permit Yes

c. Building inspections during construction Yes

d. Mapping of risk and risk-analysis matrix Yes

e. Final inspection after construction No

f. Issuance of occupancy certificates No

g. Other (please specify):

(vi) Are third-party entities subject to any conflict of interest restrictions (e.g. they are not allowed to practice in the same jurisdiction in which they provide regulatory services; or have any financial interests in the building projects they oversee; or other)

Please explain:

No

(vii) Who pays for the third-party services? Project owner/investor

B. Quality control before construction

3.6. Which entity (ies) is/are required by law to verify the compliance of the building plans with existing building regulations? (please check all that apply)

1. National order (association) of architects / engineers No No

2. Government agency (e.g., technical department of the Yes Yes

13

municipality). please specify which technical departments are involved:

• A certified/licensed architect Yes Yes

• A certified/licensed engineer Yes Yes

• A representative of the agency who is neither an architect nor an engineer

No

3. Private and external firm of certified architects and/or civil engineers (i.e., cannot be part of the building company).

No Yes

By law, it is not required to verify the compliance of architectural plans/drawings with existing building regulations

-Click to Select-

Please specify the law (if available): As per Chapter-3 of UBBL-2016, on basis of the risk based classification, the power of sanction / plinth inspection / completion has been delegated to the Architect / Engineer for certain type of buildings.


Please explain the changes and provide the legal basis where applicable: As per Chapter-3 of UBBL-2016, on basis of the risk based classification, the power of sanction / plinth inspection / completion has been delegated to the Architect / Engineer for certain type of buildings. The Bye-laws are available at https://www.ndmc.gov.in/public_notice/MODEL%20BUILDING%20BYE%20LAWS-2016.pdf


3.7. Review of building plans required by law

If the law requires the review of the building plans by another professional, other than the one(s) who prepared them, does it occur in practice?

Yes Yes

C. Quality control during construction 3.8. Who conducts the mandatory technical inspections required by law to be carried out during construction? (please check all that apply)

Government agency (or agencies); please specify which technical departments are involved:

Yes Yes

An in-house supervising engineer (i.e., an employee of the building company)

Yes Yes

An external and independent civil engineer throughout the entire construction period

No No

No inspections are mandated by law during construction. No

Legal basis for inspections Unified Building Bye Laws for Delhi 2014 - Chapter 3 - Section 3.11 & 3.25.3

As per the amendment of UBBL in 2017, the inspections during construction are mentioned in Capter 2, Clause 2.5.2


14

Please explain the changes and provide the legal basis where applicable: The Bye-laws have introduced risk based inspection, basis the classification of the risk category of building. The inspection of construction up to plinth level shall be carried out by qualified professionals/ sanctioning authority as per the competence matrix given in Table 2.3 based on for the risk category of buildings (https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf)


3.9. What type of technical inspections are required by law to be carried out during construction? (please check all that apply)

1. Unscheduled inspections (inspection that can occur at any time or stage during construction).

No

(i) If yes, how many on average for a construction lasting 30 weeks (7 months)? Please specify:

Not Applicable

2. Phased (at specific stages) inspections are carried out during construction.

Yes Yes

3. Risk-based type inspections (inspections that are based on the type or risk level of a building). If yes:

No Yes

(i) What would be the risk level for the warehouse described in Section 1?

Low

(ii) Please describe and, if applicable, specify the article of the law: As per the UBBL-2016 chapter 3, the warehouse under consideration is low risk (https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf)

If you made changes to last year‘s information, please indicate whether the change is due to a correction or a reform: Reform Please explain the changes and provide the legal basis where applicable: Risk based classification has been introduced in Unified Building Bye Laws, inspection occur basis the risk category of the buildings (https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf)


3.10. Inspections during construction required by law

If inspections during construction are mandated by law, are they implemented in practice?

Yes Yes

Inspections are not mandated by law, but they do commonly occur in practice in more than 50% of cases.

No

If you made changes to last year‘s information, please indicate whether the change is due to a correction or a reform: -Click to Select-

Please explain the changes and provide the legal basis where applicable:


D. Quality control after construction

3.11. Who conducts the final inspection required by law to check for the compliance of the building with the approved plans? (please check all that apply)

1. A Government agency Yes Yes

2. An in-house supervising engineer (i.e., an employee of the building company) who must sign off on the construction and submit a final report to the building permitting agency.

Yes Yes

3. An external and independent supervising engineer who must sign off on the construction and submit a final report to the

Yes

15

building permitting agency.

4. There is a final joint inspection. No

(i) Please specify which agencies are involved:

5. No final inspection is mandated by law No

Legal basis for final inspection: Clause 2.7.5 of UBBL 2016 (https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf)

If you made changes to last year‘s information, please indicate whether the change is due to a correction or a reform: -Click to Select- Please explain the changes and provide the legal basis where applicable:


3.12. Final inspection required by law

If a final inspection is mandated by law, is it implemented in practice?

Yes Yes

A final inspection is not mandated by law, but does commonly occur in practice in more than 50% of cases.

No




E. Liability/insurance regimes

3.13. By law, which of the following partie(s) is/are primarily held liable when a defect is discovered after the completed building has been handed over to the owner and is already in usage (Latent Defect Liability or Decennial Liability)? (please check all that apply)

1. The existing legislation is silent on this issue. No No

2. The architect or engineer who designed the plans of the building. If yes, for how long? 10 years

No Yes

3. The professional or agency conducting the technical inspections during construction and the final inspection. If yes, for how long? 10 years

No Yes

4. The construction company. If yes, for how long? 10 years

No Yes

5. The project owner or investor. If yes, for how long? No

6. Liability is specified in a contract between the parties (Contractual Law).

Yes Yes

Legal basis for liability requirements Clause 2.10 of UBBL 2016 (https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf)


Please explain the changes and provide the legal basis where applicable: UBBL 2016 was amended to introduce provision of latent defect liability (Clause 2.10). The bye laws are available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf


16

3.13a Liability requirements by law

If Latent Defect Liability or Decennial Liability is required by law, is it implemented in practice?

No Yes

3.14. Which of the following party (ies) is/are required by law to primarily subscribe to a Latent Defect Liability Insurance (or Decennial Insurance) - an insurance policy to cover expenses to repair defects that are discovered after the completed building has been handed over to the owner and is in usage? (please check all that apply)


2. The architect or engineer who designed the plans of the building.

Yes

3. The professional or agency conducting the technical inspections during construction and the final inspection.

Yes

4. The construction company Yes

4. The project owner or investor No

4. Warrantee is specified in the contract between the parties (Contractual Law).

Yes Yes

There is no such requirement by law, but Latent Defect Liability Insurance is commonly subscribed in practice in more than 50% of cases by any of the parties noted above.

-Click to Select-

Legal basis for insurance requirements Clause 2.10 (b) of UBBL 2016 (https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf)


Please explain the changes and provide the legal basis where applicable: UBBL 2016 was amended to introduce provision of decennial professional liability insurance (Clause 2.10(b)). The bye laws are available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf


3.14a. Insurance requirements in practice

Latent Defect Liability Insurance is commonly subscribed in practice in more than 50% of cases by any of the parties noted above.

No -Click to Select-

If yes, please explain how it is enforced (e.g. which insurance companies sell this insurance policy; a proof of insurance must be submitted when requesting the building permit, or the proof is sent later to the agency).

F. Professional certifications

3.15. According to the law, what are the qualification requirements for a professional to be authorized to verify that the architectural and structural building plans are in compliance with existing building regulations? (please check all that apply)

1. The existing legislation is silent on this issue. No

2. A minimum number of years of practical experience is required by law.

Yes Yes

(i) Please specify the number of years: For Engineers to obtain a licence for Structure Engineer, a post qualification experience of 1 year in case of PhD, 2 years in

17

case of M.TEch. (Masters Degree in Structure) and 3 years for B.Tech degree

3. University degree (minimum of a bachelor‘s) in architecture or engineering

Yes Yes

4. Must be a registered member of the order (association) of architects or civil engineers.

Yes Yes

5. Must pass a qualification exam. No No

Legal basis for professional requirements




3.16. According to the law, what are the qualification requirements to be authorized as a professional to conduct the technical supervision/inspections of the construction? (please check all that apply)


2. A minimum number of years of practical experience is required by law.

Yes Yes

(i) Please specify the number of years: For Engineers to obtain a licence for Structure Engineer, a post qualification experience of 1 year in case of PhD, 2 years in case of M.Tech/Masters Degree in Structure and 3 years for B.Tech degree (In Civil Engineering) is required

3. University degree (minimum of a bachelor‘s) in civil engineering, construction or construction management

Yes Yes

4. Must be a registered member of the order (association) of engineers.

No Yes

5. Must pass a qualification exam. No No

Please specify the law and provide a link to the website (if available):

The qualification and experience requirement of professionals is mentioned in the Delhi UBBL-2016 in Annexure-I


Please explain the changes and provide the legal basis where applicable: The qualification and experience requirement of professionals is defined in the UBBL-2016. In this regard a circular has also been issued by the MCD dated 30/01/2017. The link of the circular is http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=b592d714-384d-46dd-9982- 480ad01287cb&fileName=Circular%20regarding%20Qualification%20of%20Professionals%20for%20sanction%20

18

of%20Building%20Plans%20dated%2030/01/2017. The qualification and experience are also mentioned in UBBL-2016 Annexure -I available at http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=1e23455d-f52b-4a03-a96c- 8c067191ff3e&fileName=Unified%20Building%20Bye%20Laws%20for%20Delhi%202016


3.17. Professional certifications requirements by law

If professional certifications are required by law, are they implemented in practice for the following?

• Professional reviewing that plans are in compliance with regulations

Yes Yes

• Professional conducting technical supervision/inspections during construction

Yes Yes

4. DATA UPDATE 4.1. Definitions and Additional Case Study Assumptions

Definitions to keep in mind when answering the questions:

A procedure is any interaction of BuildCo‘s employees or managers with external parties, including government agencies, notaries, the land registry, the cadastre, utility companies, public and private inspectors, and technical experts apart from in-house architects and engineers. Procedures that can take place at the same time as another procedure are marked with an asterisk (*).

Time is measured in calendar days (not working days). For a procedure that can be completed entirely online, the minimum time is 0.5 days. For a procedure that cannot be completed entirely online, the minimum time is 1 day.

Costs include only official fees. Nonrecurring taxes that are necessary for the completion of the specific project are recorded. Bribes are excluded. Refundable deposits are excluded.

4.2. List of procedures to build a warehouse and to connect to utilities

Phase: Before Construction

Procedure 1: Obtain a certified copy of the property record

Time Time last year: 17 days

Time update: 0 day

Cost

Cost last year: INR 2,000

Cost update: No charge

Cost details last year:

Cost details update: No charge

Agency Agency last year: Local Revenue Department

Agency update: Not Applicable

Procedural details

Procedural details last year: BuildCo must identify the Authenticity of the Land Ownership by going to the local Revenue Department (state government) and checking land records. In some cases, a survey of the land is done by a private Land Surveyor to verify that the property exists, as it can be the case that the records are different from reality (neighbors encroach on others‘ lands, etc.).

Procedural details update: There is no requirement of certified copy of property record.

Simultaneity

Can this procedure be initiated with the previous procedure? No

If No, can it be done with any other procedure(s) and which one (s)?

Last year‘s response: No Please clarify why not:

If you made changes to last year‘s information, please indicate whether the change is due to a correction or a

19

reform. Reform

Please explain the changes and provide the legal basis and/or fee schedule when applicable: There is no requirement of certified copy of property record from Revenue Department (http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=e06800ae-9d77-41ce-a56b-e48a08c441f1&fileName=Circular%20reg%20Requirement%20of%20documents-online%20Sanction%20of%20Building%20Plans-EODB%20dated%2023.02.2017)


Procedure 2: Request and obtain consent to establish from Delhi Pollution Control Committee


Time update: 0 day

Cost





Agency Agency last year: Delhi Pollution Control Committee


Procedural details

Procedural details last year: Under Section 19 of the Air (Prevention and Control of Pollution) Act, 1981, New Delhi has been declared as the Air Pollution Control area. As per provision of Section 21 of this Act no person shall, without the previous consent of the State Board, establish or operate any industrial plant (any plant used for any industrial or trade purpose) in an air pollution control area. Delhi Pollution Control Committee, delegated by Central Pollution Control Board of statutory powers and functions, regulates water and air pollution. By regulation, the Delhi Pollution Control Committee has 3 months to approve an application but in practice, a committee meets monthly to discuss application received and the Consent to Establish is generally issued within 1 month.

Procedural details update: As far as this NOC is concerned, this is not applicable for the warehouse under reference. However for other cases, the Delhi Pollution Control Committee (DPCC) has been integrated with the Common Application Form (CAF) of MCD under the Single Window Clearance System (SWCS). The application is now online forwarded by MCD to DPCC and the Consent to Establish is received online without visiting the DPCC office.

Simultaneity




If you made changes to last year‘s information, please indicate whether the change is due to a correction or a reform. Reform

Please explain the changes and provide the legal basis and/or fee schedule when applicable: As far as this NOC is concerned, this is not applicable for the warehouse under reference (http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=4c68dd8d-ce3e-4124-a3dd-6526a037b02c&fileName=Office%20Memorandum%20of%20DPCC%20regarding%20EODB%20dated%2008/02/2017) However for other cases, the Delhi Pollution Control Committee (DPCC) has been integrated with the Common Application Form (CAF) of MCD under the Single Window Clearance System (SWCS). The application is now online forwarded by MCD to DPCC and the Consent to Establish is received online without visiting the DPCC office.


Procedure 3: Obtain no objection certificate regarding land use per the zoning plan


20

Time update: 0 day

Cost



Cost details last year: INR 20,000 – 30,000


Agency Agency last year: Town Planning Department of Municipal Corporation of Delhi

Agency update: Not applicable

Procedural details

Procedural details last year:

Procedural details update: This is not a requirement for sanctioning building plans (http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=e06800ae-9d77-41ce-a56b-e48a08c441f1&fileName=Circular%20reg%20Requirement%20of%20documents-online%20Sanction%20of%20Building%20Plans-EODB%20dated%2023.02.2017)

Simultaneity



Last year‘s response: Yes Please clarify why not:


Please explain the changes and provide the legal basis and/or fee schedule when applicable: This is not a requirement for sanctioning building plans (http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=e06800ae-9d77-41ce-a56b-e48a08c441f1&fileName=Circular%20reg%20Requirement%20of%20documents-online%20Sanction%20of%20Building%20Plans-EODB%20dated%2023.02.2017)


Procedure 4: Request and obtain approval of the water and sewer connection plans


Time update: 0 day

Cost

Cost last year: no charge


Cost details last year: INR 30 per litre of water used per day for water, plus INR 27.10 per liter of water discharged per day for sewer


Agency Agency last year: Delhi Jal Board


21

Procedural details

Procedural details last year: A complete water and sewer supply schemes must be submitted, including: • Six sets of layout plans, one should be cloth mounted • Hydraulic calculations • Key plan • Proposed water lines showing position of UGR/sluice valves • Calculation of water demand • Capacity of UGR This is submitted to DJB in the Executive Engineering and Planning office through the developing agency (Department of Development or Muncipal Corporation of Delhi). A feasibility report is developed. If the water can be spared for the project then a connection and ferrule size is designed by the planning office as per the feasibility report. If there is not enough water, then plans will be approved through other sources of water such as through a tube well. The plans are then approved by the DJB. Once the fees for the Infrastructure Fund are paid, the DDA may begin construction on the water and sewer lines. The fees for the Infrastructure Fund are only paid by large agencies, group housing, hospitals, schools, and commercial complexes and institutions.

Procedural details update: For getting the building plan sanctioned, there is no requirement of any approval for water and sewer connection from Delhi Jal Board. The connections for water and sewer can be obtained by the applicant at the time of Occupancy Certificate for which Delhi Jal Board has been integrated with the CAF of MCD. In comparison to the last year, the cost of the water and sewer connection and infrastructure charges have been reduced by the Delhi Jal Board Drastically i.e. Rs. 45000 for plots sizes upto 50 sqm and Rs. 100000 for plot sizes more than 50 sqm.

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable: For getting the building plan sanctioned, there is no requirement of any approval for water and sewer connection from Delhi Jal Board. The connections for water and sewer can be obtained by the applicant at the time of Occupancy Certificate for which Delhi Jal Board has been integrated with the CAF of MCD. In comparison to the last year, the cost of the water and sewer connection and infrastructure charges have been reduced by the Delhi Jal Board Drastically i.e. Rs. 45000 for plots sizes upto 50 sqm and Rs. 100000 for plot sizes more than 50 sqm.


Procedure 5: Obtain certificate of no tax due


Time update: 0 day

Cost




22


Agency Agency last year: Property Tax Department of Municipal Corporation of Delhi


Procedural details

Procedural details last year: Starting July 2012, property tax can be paid online at www.mcdonline.gov.in. With the property tax receipt, the building company must obtain an up-to-date Certificate of No Tax Due from the Property Tax Department of Municipal Corporation of Delhi and submit it when applying for the Building Permit.

Procedural details update: There is no requirement of No Dues Certificate, the applicant can fill the Property ID in the CAF (http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=e06800ae-9d77-41ce-a56b-e48a08c441f1&fileName=Circular%20reg%20Requirement%20of%20documents-online%20Sanction%20of%20Building%20Plans-EODB%20dated%2023.02.2017)

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:There is no requirement of No Dues Certificate, the applicant can fill the Property ID in the CAF (http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=e06800ae-9d77-41ce-a56b-e48a08c441f1&fileName=Circular%20reg%20Requirement%20of%20documents-online%20Sanction%20of%20Building%20Plans-EODB%20dated%2023.02.2017)


Procedure 6: Notarize the affidavit/undertaking

Time Time last year: 1 day

Time update: 0 day

Cost

Cost last year: INR 100




Agency Agency last year: Notary Public


Procedural details

Procedural details last year: The building company must submit an Affidavit/Undertaking on non judicial paper of INR 10, duly attested by the Oath Commissioner when applying for the Building Permit. In the affidavit, the building company acknowledges that during the course of construction, no building material will be stacked on public land.

Procedural details update: This procedure stands eliminated since the affidavit has been converted into the e-undertaking and there is no requirement of attestation from the Notary Public. Accordingly the associated cost also stands removed (http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=ad976ac3-967c-4578-8b87-ac399debebef&fileName=Circular%20reg.%20e-undertaking%20under%20EODB%20Dated%2006.03.2017)

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable: This procedure stands eliminated since the affidavit has been converted into the e-undertaking and there is no requirement of

23

attestation from the Notary Public. Accordingly the associated cost also stands removed (http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=ad976ac3-967c-4578-8b87-ac399debebef&fileName=Circular%20reg.%20e-undertaking%20under%20EODB%20Dated%2006.03.2017)


Procedure 7: Request building permit


Time update: 0.5 day

Cost


Cost update: INR 10 per square meter

Cost details last year: INR 10 per square meter for processing fees, plus 1% of construction cost

Cost details update: INR 10 per square meter

Agency Agency last year: Municipal Corporation of Delhi

Agency update: No change

24

Procedural details

Procedural details last year: BuildCo applies for the building permit by giving a notice in writing in the prescribed Form No. I along with the following documents: 1. Six copies of building plans and statements 2. Proof of ownership 3. Specifications of the proposed construction 4. Supervision certificate signed by the licensed architect/engineer, supervisor and plumber; 5. Structural-stability Certificate signed by the licensed architect/engineer along with a copy of registration certificate (annexure A) 6. Rain Water-Harvesting Certificate in case of plot size more than 100 square meters signed by the licensed architect and owner (annexure B) 7. No Nuisance/Construction Debris Certificate signed by the owner (annexure C) 8. Declarations in the Form of Affidavits (annexure E-I) 9. Certificate of No Tax Due from the Property Tax Department All the plans must be signed by the licensed architect/engineer and owner registered with the Council of Architects/Institution of Engineers and shall indicate their names, addresses, license and enrollment numbers. Upon receiving the application of industrial, institutional, and multi-storey buildings, the Municipal Corporation of Delhi will forwards 2 copies of the building plans and 2 copies of the layout plans to the Fire Service Department of Government NCT of Delhi. The Fire Service Department reviews the drawings and checks the fire and safety arrangement on the plans against the National Building Code of India 2005. It takes 3 weeks to issue a Provisional No Objection Certificate (no site inspection at the time of sanctioning the building plans). The drawings can only be approved by Municipal Corporation of Delhi and Building Permit issued after receiving the Provisional No Objection Certificate. As of December 2013, the cost for building permits are INR 5 per square meter for buildings less than 50 square meters, and INR 10 per square meter for buildings greater than 50 square meters. BuildCo must also pay cess charges of 1% of the cost of construction. Cess charges are paid to the Municipal Corporation of Delhi, who will transfer the charges to the Labor Welfare Department of Government of NCT Delhi. The Municipal Corporation of Delhi santions building plans without site inspection but randomly selects about 20% of the buildings and inspects them after the issuance of Building Permits. A single window concept has been introduced for approval of building-plan applications. Online approval is available for residential plots and sanction is generally given within 1 week if all documents are complete. The Engineering Department of the Municipal Corporation of Delhi has also issued a detailed guide, "Build Your House With a Valid Building Permit" which is available online (MCD website at no charge) or in print (INR 200).

Procedural details update: Procedure 1: Submission of application for sanction of building plan in Common Application Form (CAF) along with building permit fees, drawings and documents. (Clause 2.0.1 of UBBL 2016 available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf) Whole process of the submission is completely online through CAF under the SWCS. All the undertakings and affidavits have been converted into the self / declaration/ self-undertakings. The Single Window Clearance System (SWCS) can be accessed from http://mcdonline.gov.in/tri/sdmc_mcdportal/onlineserv/building-plan-sanction.html

Simultaneity



25



Please explain the changes and provide the legal basis and/or fee schedule when applicable:Procedure 1: Submit online application in Common Application Form (CAF) alongwith requisite building permit fees, drawings and documents. Whole process of the submission is completely online through CAF under the SWCS. All the undertakings and affidavits have been converted into the self / declaration/ self-undertakings. The applicant is required to submit CAF onlien along with requisite building permit fees, drawings and documents. The SWCS can be accessed from http://mcdonline.gov.in/tri/sdmc_mcdportal/onlineserv/building-plan-sanction.html


Procedure 8: Request no objection certificate from Electricity Department


Time update: 0 day

Cost




Cost details update:

Agency Agency last year: Electric Department, Municipal Corporation of Delhi


Procedural details


Procedural details update: No NoC is required from Electricty Department (http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=59195a5f-474d-4281-b28f-4e52051df666&fileName=Circular%20regarding%20No%20Requirement%20of%20NOC%20from%20DJB%20&%20DISCOM%20for%20Online%20Plans%20Dated%2030.03.2017)

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:No NoC is required from Electricty Department (http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=59195a5f-474d-4281-b28f-4e52051df666&fileName=Circular%20regarding%20No%20Requirement%20of%20NOC%20from%20DJB%20&%20DISCOM%20for%20Online%20Plans%20Dated%2030.03.2017)


Procedure 9: Obtain no objection certificate from Planning Department within the Municipal Corporation of Delhi


Time update: 0 days

Cost



26





Procedural details


Procedural details update:

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:This is not a requirement for the sanction of building plan, same is confirmed through department's circular dated 23.02.2017 available at http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=e06800ae-9d77-41ce-a56b-e48a08c441f1&fileName=Circular%20reg%20Requirement%20of%20documents-online%20Sanction%20of%20Building%20Plans-EODB%20dated%2023.02.2017


Procedure 10: Receive inspection from the Electricity Department


Time update: 0 day

Cost







Procedural details


Procedural details update: Since there is no requirement of getting NoC from Electricty Department as mentioned in Procedure 8, thus this procedure stands eliminated.

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable: Since there is no requirement of getting NoC from Electricty Department as mentioned in Procedure 8, thus this procedure stands eliminated.


Procedure 11: Request and obtain building plans approval from the Director of Factories of Labor Department


Time update: 0 days

27

Cost





Agency Agency last year: Labor Department


Procedural details

Procedural details last year: As per statutory provisions of rule 3A of the Delhi Factories Rules, 1950, no site shall be used for location of a factory or no building in a factory shall be constructed, re-constructed, extended or taken into use as a factory or part of a factory, unless previous permission in writing is obtained from the Director of Factories. The builder must complete Form No.1 as prescribed under the Delhi Factories Rules (1950) and send it to the Director of Factories with the following documents: - 3 Plans in duplicate drawn to scale showing: (a) The site of the factory and immediate surroundings including adjacent buildings and other structure, roads, drains etc. (b) The plan and elevations and necessary cross-sections of the various buildings indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire. The plans shall also clearly indicate the plants and machinery, aisles and passage ways; and, (c) Such other particulars, as Chief Inspector of Factories, may require - Proof for ownership, of plot/premises such as copy of the Lease-deed etc. - In case of permission for construction on a vacant plot, an Affidavit is required to be given by the owner of the plot that the plot is vacant. The affidavit should also state as to whether any previous Approval of the Director of Factories for construction/extension have been obtained or not.

Procedural details update: Labour Department of the Government of NCT of Delhi has already been integrated with the single window system and the NOC applications are being forwarded as the part of the CAF under single window system. There is no requirement of separate application/NoC, also there is no physical interaction between the applicant and the department. There is no requirement of any hard copy.

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:Labour Department of the Government of NCT of Delhi has already been integrated with the single window system and the NOC applications are being forwarded as the part of the CAF under single window system. There is no requirement of separate application/NoC, also there is no physical interaction between the applicant and the department. There is no requirement of any hard copy.


Procedure 12: Obtain no objection certificate from Electricity Department


Time update: 0 days

Cost



28





Procedural details

Procedural details last year: When the building company applies for the Building Permit, the building plans and Land Ownership Permit are sent to the District Forest Office from Forest Department of Government NCT of Delhi. Permission to fell trees is regulated under provisions of Delhi Tree Preservation Act 1994, which stipulates that 10 trees must be replanted for every 1 tree cut. The Act gives the District Forest Office 60 days to issue the No Objection Certificate but it is generally cleared in 1 week. Assuming the building company does not have to cut trees, it will not require the No Objection Certificate from District Forest Office after construction.

Procedural details update: Since No NoC is required from Electricty Department (http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=59195a5f-474d-4281-b28f-4e52051df666&fileName=Circular%20regarding%20No%20Requirement%20of%20NOC%20from%20DJB%20&%20DISCOM%20for%20Online%20Plans%20Dated%2030.03.2017) thus this procedure stands eliminated and should be removed from Doing Busines Report 2018

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:Since No NoC is required from Electricty Department (http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=59195a5f-474d-4281-b28f-4e52051df666&fileName=Circular%20regarding%20No%20Requirement%20of%20NOC%20from%20DJB%20&%20DISCOM%20for%20Online%20Plans%20Dated%2030.03.2017) thus this procedure stands eliminated and should be removed from Doing Busines Report 2018


Procedure 13: Request and obtain no objection certificate from Fire Department


Time update: 0 days

Cost





Agency Agency last year: Fire Department


Procedural details


Procedural details update: Fire Department of the Government of NCT of Delhi has already been integrated with the single window system and the NOC applications are being processed and approved as the part of the CAF under single window system. There is no requirement of separate application/NoC, also there is no physical interaction between the applicant and the department. There is no requirement of any hard copy.

29

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable: Fire Department of the Government of NCT of Delhi has already been integrated with the single window system and the NOC applications are being processed and approved as the part of the CAF under single window system. There is no requirement of separate application/NoC, also there is no physical interaction between the applicant and the department. There is no requirement of any hard copy.


Procedure 14: Receive inspection by building section


Time update: 28 days

Cost






Agency update: Municipal Corporation of Delhi

Procedural details


Procedural details update: Procedure 2: Grant of online sanction within stipulated period (Clause 2.0.1 of UBBL 2016 available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf)

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable: Procedure 2: Grant of online sanction within stipulated period


Procedure 15: Obtain sanctioned plans


Time update: 1 day

Cost


Cost update:





Procedural details


30

Procedural details update: Procedure 3: Payment of requisite fees and charges, as applicable,and release of sanctioned building plans (Clause 2.0.1 of UBBL 2016 available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf)

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:Procedure 3: Payment of requisite fees and charges, as applicable,and release of sanctioned building plans (Clause 2.0.1 of UBBL 2016 available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf)


Procedure 16: Submit commencement notice to the Municipal Corporation of Delhi


Time update: 0 day

Cost







Procedural details

Procedural details last year: BuildCo must notify the MCD 7 days before beginning construction.

Procedural details update: As per provisions of UBBL-2016, there is no requirement of intimation to start the construction and this provision has been removed in the Delhi Unified Building Bye Laws-2016.

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:As per provisions of UBBL-2016, there is no requirement of intimation to start the construction and this provision has been removed in the Delhi Unified Building Bye Laws-2016.


Procedure 17: Submit Notice of commencement and completion to Labour Inspector


Time update: 0 day

Cost





Agency Agency last year: Labour Commissioner of Delhi

31


Procedural details

Procedural details last year: According to Rule 239 of The Building and other Construction Workers‘ (Regulation of Employment and Conditions of Service) Act, 1996, BuildCo must submit a notice of commencement of building and indicate at the same time the probable end of construction, at least 30 days prior to the commencement of construction works.


Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable: No separate intimation needs to be sent ot Labour Department for commencement and completion. This procedure needs to be eliminated from DBR 2018.

Phase: During Construction

Procedure 18: Submit notice of completion up to the plinth level


Time update: 0.5 day

Cost







Procedural details

Procedural details last year: BuildCo must notify the MCD of the completion of the plinth level, including a copy of a valid certificate of the building plans. MCD inspects the construction and submits any objections, if necessary. Mandatory inspections are carried out at two stages: at plinth level and at completion. Routine inspections may be carried in between and the Municipal Corporation of Delhi reserves the right to inspect the premises before, during and after the construction.

Procedural details update: Procedure 4: Intimation of completion of work up to plinth level (Clause 2.0.1 of UBBL 2016 available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf) The request is submitted online and after inspection on the basis of the Risk Based Assessment, the plinth certificate is issued online and can be downloaded by the applicant / architect

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:Procedure 4: Intimation of completion of work up to plinth level (Clause 2.0.1 of UBBL 2016 available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf)


Procedure 19: Request and receive inspection at the plinth level

32


Time update: 0 day

Cost







Procedural details

Procedural details last year: BuildCo must notify the MCD of the completion of the plinth level, including a copy of a valid certificate of the building plans. MCD inspects the construction and submits any objections, if necessary. Mandatory inspections are carried out at two stages: at plinth level and at completion. Routine inspections may be carried in between and the Municipal Corporation of Delhi reserves the right to inspect the premises before, during and after the construction.

Procedural details update: Procedure 5: Plinth level inspection followed by issue of plinth level inspection certificate (Clause 2.0.1 of UBBL 2016 available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf) However, as per Clause 2.5.3, since the warehouse falls under Low Risk category, thus the architect/ engineer/ supervisor shall conduct plinth level inspection and shall submit the Inspection Report, to the sanctioning authority

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:Procedure 5: Plinth level inspection followed by issue of plinth level inspection certificate (Clause 2.0.1 of UBBL 2016 available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf) However, as per Clause 2.5.3, since the warehouse falls under Low Risk category, thus the architect/ engineer/ supervisor shall conduct plinth level inspection and shall submit the Inspection Report, to the sanctioning authority


Procedure 20: Obtain C-form approval of the plinth completion


Time update: 0 day

Cost







Procedural details

Procedural details last year: This certificate certifies that the construction has reached the plinth level and that it has been inspected and the construction can continue with the superstructure.

33


Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:This procedure stands eliminated, since the issue of plinth level completion certificate is subsumed in Procedure 19 as observed in DBR 2017. This procedure and associate time needs to be removed from DBR 2018.

Phase: Utilities

Procedure 21: Request water and sewer connection approval


Time update: 0 day

Cost

Cost last year: INR 1,220,680


Cost details last year: INR 1,000 water connection charge, plus INR 1600 road restoration charge for water, plus INR 3,200 road restoration charge for sewer+ INR 100 sewage connection fees + INR 20 for 2 application forms+ INR 440/sq.m. for water development charges + INR 494/sq.m. for sewage development charges




Procedural details

Procedural details last year: The building company must submit water and sewer connection application forms. Documents to be attached: (1) Proof of identity document: photocopy of voter ID card, ration card, PAN card, driving license or post card (2) Property ownership document: photocopy of GPA, allotment letter, government allotment letter, sale deed or NOC from landlord (3) Proof of residence: photocopy of driving license, passport, election I card (4) Sanction of Water Supply Scheme It is compulsory to provide the document number of the attached documents. Delhi Ja Board has integrated the process of obtaining an Excavation Permit from Municipal Corporation of Delhi by charging a road restoration charges for water and sewer connections on behalf of MCD.

Procedural details update: The application for water and sewer connection has been integrated with the Common Occupancy-cum-Completion Certificate Request Form (COCCRF) under SWCS, no separate application is required. This procedure needs to be eliminated from DBR 2018.

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable: The application for water and sewer connection has been integrated with the Common Occupancy-cum-Completion Certificate Request Form (COCCRF) under SWCS (Procedure 27 as observed in DBR 2017), no separate application is required. This procedure needs to be eliminated from DBR 2018.

Phase: Utilities

Procedure 22: Receive on-site inspection for water and sewer connection and receive approval

34


Time update: 0 days

Cost







Procedural details

Procedural details last year: An inspection of the site will be performed by a Survey Officer.

Procedural details update: The inspection for water and sewer connection has been integrated with the Final Inspection conducted by all departments (Procedure 28 as observed in DBR 2017). This procedure needs to be eliminated from DBR 2018.

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:The inspection for water and sewer connection has been integrated with the Final Inspection conducted by all departments. This procedure needs to be eliminated from DBR 2018.

Phase: After Construction

Procedure 23: Request final no objection certificate from the Fire Department


Time update: 0 day

Cost







Procedural details

Procedural details last year: The Municipal Corporation of Delhi will forward 2 copies of the completion plans to the Fire Service Department of Government NCT of Delhi for the Final No Objection Certificate, or the owners will visit the Fire Service Department in person to with the notice/guideline that it provided at the time of issuance of the Provisional No Objection Certificate and request the Fire Service Department to verify the compliance with the guidelines.

Procedural details update: The application for Fire Department has been integrated with the Common Occupancy-cum-Completion Certificate Request Form (COCCRF) under SWCS (Procedure 27 as observed in DBR 2017), no separate application is required . This procedure needs to be eliminated from DBR 2018.

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable: The application

35

for Fire Department has been integrated with the Common Occupancy-cum-Completion Certificate Request Form (COCCRF) under SWCS, no separate application is required. This procedure needs to be eliminated from DBR 2018.


Procedure 24: Receive site inspection from the Fire Department


Time update: 0 day

Cost







Procedural details

Procedural details last year: In practice this can take up to 15 days.

Procedural details update: The inspection from Fire Department has been integrated with the Final Inspection conducted by all departments (Procedure 28 as observed in DBR 2017). This procedure needs to be eliminated from DBR 2018.

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:The inspection from Fire Department has been integrated with the Final Inspection conducted by all departments. This procedure needs to be eliminated from DBR 2018.


Procedure 25: Receive final no objection certificate from the Fire Department


Time update: 0 day

Cost







Procedural details


Procedural details update: The approval from Fire Department has been integrated with the Common Occupancy-cum-Completion Certificate Request Form (COCCRF) under SWCS (Procedure 29 as observed in DBR 2017), no separate approval is required. This procedure needs to be eliminated from DBR 2018.

Simultaneity




36


Please explain the changes and provide the legal basis and/or fee schedule when applicable: The approval from Fire Department has been integrated with the Common Occupancy-cum-Completion Certificate Request Form (COCCRF) under SWCS, no separate approval is required. This procedure needs to be eliminated from DBR 2018.


Procedure 26: Notarize the affidavit/undertaking to request the occupancy permit


Time update: 0 day

Cost





Agency Agency last year: Notary Public


Procedural details


Procedural details update: This procedure stands eliminated since the affidavit has been converted into the e-undertaking and there is no requirement of attestation from the Notary Public. Accordingly the associated cost also stands removed (http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=ad976ac3-967c-4578-8b87-ac399debebef&fileName=Circular%20reg.%20e-undertaking%20under%20EODB%20Dated%2006.03.2017)

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable: This procedure stands eliminated since the affidavit has been converted into the e-undertaking and there is no requirement of attestation from the Notary Public. Accordingly the associated cost also stands removed (http://deptewb.mcd.gov.in:18080/mcd_commonweb/DocumentViewer.view?uuid=ad976ac3-967c-4578-8b87-ac399debebef&fileName=Circular%20reg.%20e-undertaking%20under%20EODB%20Dated%2006.03.2017)


Procedure 27: Submit notice of completion


Time update: 15 days

Cost


Cost update:

Cost details last year: INR 1 per square meter



Agency update: MCD

37

Procedural details

Procedural details last year: The building company must submit a notice of completion in the pro forma given in the Building Bylaws (1983) along with a completion application and fee of INR 1 per square meter of built-up area. It has to submit the notice of completion through the licensed architect/engineer or supervisor who has supervised the construction accompanied by the following documents: 1. Copy of lease-deed/sale deed 2. Three copies of the completion plan 3. Three copies of photographs taken from different angles so as to show the overall view of the building 4. Original sanctioned building plan (to be returned to the building company along with the Occupancy Certificate) 5. Copy of Water Connection Sanction and Sewerage Connection Sanction from Delhi Jal Board 6. Structural-stability Certificate signed by the licensed architect/engineer along with the structural drawings 7. Certificate of licensed architect/engineer or supervisor 8. Extension of time from the lessor if required 9. Rain Water-Harvesting Certificate in case of plot size more than 100 square meters signed by the licensed architect and owner 10. Affidavit/Undertaking of licensed architect/engineer or supervisor (as the case may be) 11. Affidavit of owner 12. A statement indicating deviations that are carried out and compounding fee payable

Procedural details update: Procedure 6: Submission of application for issue of Occupancy-cum-Completion Certificate (OCC) in Common Occupancy-cum-Completion Certificate Request Form (COCCRF) along with requisite fees, drawings and documents

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:Procedure 6: Submission of application for issue of Occupancy-cum-Completion Certificate (OCC) in Common Occupancy-cum-Completion Certificate Request Form (COCCRF) along with requisite fees, drawings and documents (Clause 2.0.1 of UBBL 2016 available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf)


Procedure 28: Receive final inspection of the construction


Time update: 0 day

Cost







Procedural details

Procedural details last year: In practice this can take up to one week.

38

Procedural details update: Procedure 7: Inspection by Municipal Corporation of Delhi In case of warehouse which falls under the category of low and low risk buildings, the architect/ engineer/ supervisor shall conduct inspection for OCC and shall submit the inspection report to the sanctioning authority. No inspection is conducted by the agency (Clause 2.0.1 of UBBL 2016 available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf)

Simultaneity

Can this procedure be initiated with the previous procedure? Yes




Please explain the changes and provide the legal basis and/or fee schedule when applicable:Procedure 7: Inspection by Municipal Corporation of Delhi (Clause 2.0.1 of UBBL 2016 available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf) In case of warehouse which falls under the category of low and low risk buildings, the architect/ engineer/ supervisor shall conduct inspection for OCC and shall submit the inspection report to the sanctioning authority. No inspection is conducted by the agency.


Procedure 29: Obtain completion/occupancy permit


Time update: 0.5 days

Cost


Cost update:





Procedural details

Procedural details last year: By regulation, Municipal Council of Delhi must grant or refuse the Occupancy Permit within 7 days. However, since there is a waiting period of 2 months from the time the Notice of completion is submitted and the inspection is carried out, therefore this waiting period is added to the time needed to obtain the Occupancy Permit.

Procedural details update: Procedure 8: Intimation of compounding fee and charges, if applicable, and release of OCC and completion plan (Clause 2.0.1 of UBBL 2016 available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf)

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:Procedure 8: Intimation of compounding fee and charges, if applicable, and release of OCC and completion plan (Clause 2.0.1 of UBBL 2016 available at https://dda.org.in/tendernotices_docs/april120/UBBL-2016%205th%20April%202017060417.pdf) The Final Occupancy cum Completion Certificate can be downloaded by the Architect / owner without visiting the MCD.

39

4.3 For statistical purposes, please provide answers to the questions below: Answer

Last year, the overall time to obtain all the necessary permits, clearances, inspections and utility connections in «Survey_City» was estimated at:

This year, based on your experience and using the case study assumptions explained in Section 1, what is the overall time to accomplish the same process?

60 days

Based on your experience and the same case study assumptions, what can be the fastest time in practice to accomplish the same process?

30 days

Based on your experience and the same case study assumptions, what can be the slowest time in practice to start and complete the entire process?

60 days

If there is a difference in time, what is the main reason behind it?

4.4. Additional Comments or missing procedures We welcome any additional comments or procedures you may have about the process of obtaining a building permit in India Delhi, or any missing procedures.

Thank you very much for completing the Dealing with Construction Permits questionnaire! We sincerely appreciate your contribution to the Doing Business project.

The results will appear in Doing Business 2018 and on our website: www.doingbusiness.org.

http://www.doingbusiness.org/