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NOC (No Objection Certificates) - A Necessity
No Objection Certificates (NOC) is the first and foremost thing that a builder takes from the residents or owners of the apartments if he intends to modify the sanctioned building plans. Many petitions have been filed in different Courts all across the country where the builders usually do not take the NOC from the residents before making any amendments in the existing building plans.

A similar petition had been filed in a High Court against the State Development Authority. The judgment was pronounced in the year 2013 which drew a lot of attention. In this petition, the builder had taken the permission from the sanctioning authority to make amendments in the sanctioned building plans. The builder wanted to make additional floors and parking areas because of which he had to reduce the areas allotted to the different buyers of the apartments. The allotters then raised several questions which took the matter to the High Court. They wanted to quash the amended building plans sanctioned by the concerned authority.

The petition is now pending in the Supreme Court regarding the same. Although it is to be noted that a builder cannot make any amendment in the building unless he has the NOC signed by the buyers of the flats or apartments. According to the law, a builder has to give the entire information about such amendments at the time of making the deal with the buyer. If he fails to do so then he may be treated as an offender and punished as per the law. Within a year from the date of approval of sanctioned building plans, the builder has to submit a Declaration (a legal document) to the concerned authority. According to the Uttar Pradesh Apartment Act 2010, it is clearly stated that the builder has to enfold the copy of declaration to the buyer with the deed of transfer.

If a builder has to make any modification in the sanctioned building plans, he has to follow a proper procedure of the respected State Authority. Every state has its own rules and regulations and as per the UP Act, the builder has to first take the consent of the apartment owners as it may alter their rights and may also have an effect on the use of common areas of the building. Therefore, an NOC signed by the apartment owners or buyers is very much essential for the builder to do any changes in the building.

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