STAGE 08 APPROVALS & STATUTORY COMPLIANCE
Approvals Are Not Just Paperwork, They Are a Society Safeguard
2. Who Is Responsible for What?
Responsibility should be clear in the Development Agreement, professional appointment documents and project tracking records. The following is a practical allocation framework; the precise legal responsibilities depend on the applicable law and contractual arrangements.
Stakeholders & Principal role
Developer: Undertakes the obligations allocated to it under the agreements, coordinates and funds the required submissions where contractually responsible, fulfils applicable conditions and maintains required compliance.
Architect / PMC: Coordinates the technical proposal and approval documentation within the appointed scope, tracks submissions and conditions, and reports material issues or deviations.
Legal professional: Reviews property and lease-related legal issues, applicable statutory obligations, permissions and documentation risks within the engagement.
Specialist consultants: Address technical or regulatory matters within their respective expertise, such as structural, fire, environmental or utility requirements where applicable.
Managing Committee / Society: Monitors contractual responsibilities, seeks documentary evidence, records decisions, tracks unresolved issues and escalates material risks to the appointed professionals.
The Society should not assume that the developer’s contractual promise to obtain permissions removes the need for Society-side monitoring. Equally, the Society should not attempt to substitute its own judgment for the competent authority’s decision or the specialist professional’s technical certification.
1. Identify the Correct Approval Authority First
One of the first questions is whether the proposed redevelopment falls under NMMC, CIDCO or another competent planning authority for the relevant permission.
In Navi Mumbai, the approval route should be verified for the specific plot and proposal. NMMC’s Town Planning Department lists building and development proposal approvals, Commencement Certificates, plinth certificates and Occupancy Certificates among its services. CIDCO also publishes building-permission information. These official resources illustrate why the Society should confirm the applicable route rather than assume it.
The Society, through its appointed Architect/PMC and legal professional, should establish:
The competent planning and building-permission authority for the property.
Whether CIDCO lease conditions or property-related permissions apply.
Which authority will sanction the plans and issue the relevant certificates.
Whether any additional authority or specialist clearance is required because of the site, building height, location, proposed use or design.
Society safeguard: Obtain a written approval roadmap from the appointed professionals identifying each applicable permission, the responsible person, dependencies, expected submission stage and documentary evidence required.
This is a project-management safeguard, not a substitute for the authority’s formal requirements.
3. Key Approval and Compliance Areas
The following is a framework for the Society to discuss with its appointed professionals. It is not a universal list of approvals: applicability must be determined for the particular project.
A. Property records and development-related permissions
Before relying on a proposed development plan, the professionals should verify the relevant property records, plot particulars, existing permissions and applicable lease or land conditions.
Where relevant, the approval file may need to address:
Property and plot documentation required by the competent authority.
Applicable lease conditions, transfer restrictions or property-related permissions.
Development potential and the regulatory basis for the proposal.
Any required consent, undertaking, indemnity or supporting document.
Conditions affecting permissible development, access, services or land use.
The Society should ask its legal professional to flag title, lease or documentation issues that could delay approval or affect the project’s proposed development rights.
D. MahaRERA registration and continuing compliance
The Society should require the developer to establish whether the project, including its sale component where applicable, is required to be registered under the Real Estate (Regulation and Development) Act, 2016 and the applicable Maharashtra rules.
The registration question should not be decided merely by calling a project “society redevelopment.” The legal position depends on the project structure and the applicable statutory provisions and exemptions. The appointed legal professional should assess the facts and document the conclusion.
Where registration is required, the Society should verify the project’s registration details and the information disclosed by the promoter. MahaRERA provides an official project-registration facility and separate resources for project updates, corrections and extensions.
The Society should ask the developer and appointed professionals to track, as applicable:
Registration before activities for which registration is legally required.
Consistency between registered project details and the approved project documents.
Required updates, disclosures and extensions.
Changes to project details or completion dates.
Compliance with applicable requirements during the project lifecycle.
A registration number alone should not be treated as proof that every permission has been obtained or every obligation has been fulfilled.
B. Sanctioned plans and Commencement Certificate
The sanctioned plans and related permission documents establish the development that has been approved, subject to their conditions. A Commencement Certificate (CC) authorises commencement to the extent permitted by that certificate and applicable conditions.
The Society should not treat a submitted application, an in-principle communication or an architect’s drawing as equivalent to a granted permission.
Before work begins, the Society should ask its appointed professionals to verify:
The actual permission issued by the competent authority.
The plot, building and proposal to which it applies.
The scope and stage of construction permitted.
Conditions that must be fulfilled before or during work.
Whether the proposed work is covered by the current permission or requires an amendment.
The Society should retain the complete permission and sanctioned-plan set, including conditions and amendments. The Maharashtra UDCPR document contains prescribed forms for building permission and commencement certification, completion certification and full or part Occupancy Certificates; the applicable regulation and authority-specific procedure must be checked for the project.
C. CIDCO and NMMC conditions
Where CIDCO lease or property conditions apply, the Society should ensure that the developer and appointed professionals identify them and establish how they affect the proposed redevelopment.
Depending on the actual approval route, relevant matters may include building permissions, compliance with lease conditions, infrastructure or utility requirements and conditions imposed by the competent authority.
NMMC’s official Town Planning Department resources include redevelopment-related documents and services for Commencement, plinth and Occupancy Certificates. CIDCO’s building-permission resources separately publish information on CC and OC. The project team should use the applicable authority’s current checklist and written requirements rather than rely on a generic list.
E. Fire safety, environment and other specialist clearances
Depending on the site and proposal, additional permissions or clearances may be required. These may relate to fire safety, environmental requirements, airport or height restrictions, coastal regulation, tree-related permissions, water supply, drainage, electricity, access or other infrastructure matters.
The list must be established by the appointed Architect/PMC and relevant specialists against the actual site and proposal. Not every project requires every clearance.
The Society should ask for a project-specific applicability matrix showing:
The clearance or compliance item.
Why it applies, or the basis on which it is considered not applicable.
The responsible professional or developer representative.
The submission and dependency stage.
The evidence of approval or documented determination.
Any conditions that remain outstanding.
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