dealing with construction permits questionnaire …...1 dealing with construction permits...

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Dealing with Construction Permits Questionnaire – India Mumbai 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 Mumbai 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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Firm name [Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India ]

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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 Mumbai .

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 Mumbai (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 Mumbai: North Suburb or East Suburb of Mumbai (Bhandup or Nahur)? Please choose only among those that are in the periurban area of Mumbai (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, no proposal has been received for construction of warehouse in Mumbai in last 5 years in the mentioned area.

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. Municipal Corporation of Greater Mumbai (MCGM) has made provision for completing the whole

process from building plan approval to issuance of Occupancy-cum-Completion Certificate (OCC) by

following 08 procedures:

i. Submit Online application in Common Application Form(CAF) along with Extract property

Register Card (P.R. Card) downloading from Integrated Revenue Department (pre condition)

Application & Design Plan, Pay Online Scrutiny Fee, Apply for NOC from Tree Authority, Storm Water

Drain (SWD), Sewerage Operation (SO), Hydraulic Engineering (HE), Traffic & Coordination (T & C),

Chief Fire Officer (CFO) and Electric Department (Parallel Online Processes) – ½ Day

ii. Receive Inspection and obtain NOC: Receive Inspection from Tree Authority, SWD, SO, T&C,

HE Department, Obtain NOC Tree, SWD, SO, HE, CFO, Electric Department, Receive Concessions

Approvals (Parallel online process) – 22 days

iii. IOD Process: Receive IOD and payment to be paid for CC – 07 days

iv. Obtain Plinth CC: Request and receive plinth inspection, obtain further C.C. – ½ day

v. Further CC: Request and receive plinth inspection, obtain further C.C. – 7 Days

vi. Common Completion Request Form (CCRF): Request completion NOC from Tree, SWD, SO, T

& C, CFO – 15 days

vii. Request for OC/BCC: Request for an Occupancy Certificate (OC) and Building Completion

Certificate (BCC) – 1 day

viii. Obtain OC/BCC: Receive Final Inspection and OB and BCC - 7 days

Total - 60 days

2. MCGM has operationalized online building plan approval system with integration of all

internal/external agencies from April 2016. Applicant is only required to submit common application

form (CAF) which captures the requirements of Municipal Corporation and that of all internal/external

agencies like AAI, NMA, Fire, storm water drain, sewage, Tree Authority, Revenue Department, etc.

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3. CAF also provides an online calculator on the website to calculate fees and charges for the building

proponent. Provision has been made for online payment of all fees/charges to MCGM.

4. Timeframe for building plan approval has been fixed for 30 days, inspection for 07 days and OCC for

22 days, in all less than 60 days. There is a provision under Maharashtra State Right to Service Act, 2015

to ensure that such timelines are adhered to.

5. Earlier, occupancy certificate was granted under Mumbai Municipal Act, 1888 and the completion

certificate was granted under Maharashtra Regional Town Planning Act, 1966 thereby two certificates

were being issued. Now, MCGM has merged both and only one certificate OCC is being issued online

with digital signature.

6. Development Control Regulations (DCR), 1991 have been amended vide their notification under

Section 154 of MR & TP Act dated 02.03.2017 for incorporation of Risk-Based Classifications in the

DCR thereby fast-pacing building plan approval inspection and grant of OCC.

7. Government of Maharashtra has issued a notification dated 08.03.2017, for providing latent defect

liability and decennial professional indemnity insurance to cover infrastructure flaws found after the

building is brought into use for the professionals engaged in the construction process.

8. MCGM has removed the requirement of on-site inspection by allowing online submission of video

clips (of site) at various stages of building construction.

9. The Development Plan of Mumbai along with all plots has been mapped on GIS platform and the

requirement for NOC from different agencies like AAI, NMA, etc. as Colour Coded Zonal Maps

(CCZM) and have been superimposed on GIS Map of Mumbai. Hence, for every plot, applicant can

know which NOCs are required and which parts of common application form (CAF) are to be filled.

10. Development charges for warehouses have been exempted upto 90%

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:

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.: -Click to Select-

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.: -Click to Select-

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

(i) what is the average cost:

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(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

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 https://law.resource.org/pub/in/bis/S03/is.sp.7.2005.pdf /http://www.lawsofindia.org/

The currently applicable regulations are available at the relevant 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: Regulation are readily available online free of cost at http://www.mcgm.gov.in/irj/portal/anonymous/qldecreg

Additional comments:

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 Yes

(i) Please specify the time limit: Maximum time limit is 60 Days

(ii) Please specify the law: Notification Che/DP/96106/gen dated 06/03/2017 available at goo.gl/GD0Csz

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(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):

Yes.


Please explain the changes and provide the legal basis where applicable: List of documents are available at goo.gl/XekkrJ

Fees: for the construction is available at:

http://portal.mcgm.gov.in/irj/portal/anonymous/qlcedpdocs


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: Building Regulation is in consonance with National Building Code. Regulations are available at http://portal.mcgm.gov.in/irj/go/km/docs/documents/DC%20Regulation%201991/DCR%201991%206th%20January%202012/DCRegulation1991(22121522).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 Yes

• Structural Strength (materials to be used) Yes Yes

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:


3.5. Third party involvement in construction projects

(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: DCR1991 and Notification. dt. 29/12/15, makes such provisions.These

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may be refered from the link: 1. goo.gl/EOfCbJ 2. goo.gl/fpQKxr

(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

Architects/MC

GM registration

for Licence

Surveyors

(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 No

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): Third party has responsibility to verify all inspections during the construction and to submit the certification according to the formats available at goo.gl/fpQKxr

(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? Construction company

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 municipality). please specify which technical departments are involved:

Yes Yes

• 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

Yes

Please specify the law (if available): Maharashtra Regional and Town Planning (Amendment) Act, 1992.

Maharashtra Regional & Town Planning Act,

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1966, Art. 6 (4); Development Control Regulation 1991




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 No

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 Yes

No inspections are mandated by law during construction. No

Legal basis for inspections MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 - Art. 6. (4)

Maharashtra Regional & Town Planning Act1966 and DCR 1991


Please explain the changes and provide the legal basis where applicable: Third parties are authorized to undertake inspections during construction


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:

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: Risk Based Approval has been notified by Govt. of Maharashtra dt 02/03/2017.This is available at goo.gl/sHu8Sm

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 approval system is adopted

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vide GOM notification dt. 02/03/2017. The notification allows building plan approval and occupancy cum completion certificate (for Low Risk buildings) to be issued by the architect.


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




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 building permitting agency.

Yes

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: Maharashtra Regional and Town Planning Act, 1966

Maharashtra Regional and Town Planing Act, 1966 and DCR 1991 Regulation. These are available at: 1. . MR & TP Act 1966 goo.gl/62ARXn 2. DCR 1991 goo.gl/fpQKxr

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

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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? The Professionals are liable for 10 year period from completion of the building for their performance.

No Yes

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

No Yes

4. The construction company. If yes, for how long? Ten 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 Indian Contract Act 1872 Govt.of Maharashtra has issued notification TPG4317/123/CR--32/2017/UD-11 dt.08.03.2017 under section 154 of MR&TP Act. This is available at http://portal.mcgm.gov.in/irj/go/km/docs/documents/MCGM%20Department%20List/Chief%20Engineer%20(Development%20Plan)/Docs/EODB%20Construction%20Permit%20Circular/Ease%20of%20Doing%20Business/Latent%20Defect%20Liabilty%20%20notification%20dt.8%20march%202017.pdf


Please explain the changes and provide the legal basis where applicable: Provision for latent defect liability and decennial professional liability insurance has been introduced for structural flaws after the buidling is put into use has been made via notification dated 08/03/2017 which is available at http://portal.mcgm.gov.in/irj/go/km/docs/documents/MCGM%20Department%20List/Chief%20Engineer%20(Development%20Plan)/Docs/EODB%20Construction%20Permit%20Circular/Ease%20of%20Doing%20Business/Latent%20Defect%20Liabilty%20%20notification%20dt.8%20march%202017.pdf


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

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are discovered after the completed building has been handed over to the owner and is in usage? (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.

No Yes

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

No Yes

4. The construction company No 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.

No

Legal basis for insurance requirements Govt.of Maharashtra has issued notification TPG4317/123/CR--32/2017/UD-11 dt.08.03.2017 under section 154 of MR&TP Act. This is available at http://portal.mcgm.gov.in/irj/go/km/docs/documents/MCGM%20Department%20List/Chief%20Engineer%20(Development%20Plan)/Docs/EODB%20Construction%20Permit%20Circular/Ease%20of%20Doing%20Business/Latent%20Defect%20Liabilty%20%20notification%20dt.8%20march%202017.pdf


Please explain the changes and provide the legal basis where applicable: Provision for latent defect liability and decennial professional liability insurance has been introduced for structural flaws after the buidling is put into use has been made via notification dated 08/03/2017 which is available at http://portal.mcgm.gov.in/irj/go/km/docs/documents/MCGM%20Department%20List/Chief%20Engineer%20(Development%20Plan)/Docs/EODB%20Construction%20Permit%20Circular/Ease%20of%20Doing%20Business/Latent%20Defect%20Liabilty%20%20notification%20dt.8%20march%202017.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 No

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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: 3 years

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 DCR1991 is available at goo.gl/0XtseF




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)

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: 3 Years

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.

Yes Yes

5. Must pass a qualification exam. No No

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

DCR1991 and MMC Act 1888 1. DCR 1991

goo.gl/AZaE0U

2. MMC Act

goo.gl/PXYDX

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Additional comments: The provision already exists in Mumbai Municipal Corporation Act 1888 which is available at goo.gl/PXYDX0

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

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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 an extract of the Property Register Card (P.R. Card) from the Revenue Department

Time Time last year: 17 days

Time update: 0.0 days

Cost

Cost last year: INR 60

Cost update: No Charge

Cost details last year:

Cost details update:

Agency Agency last year: Revenue Department

Agency update: Not Applicable

Procedural details

Procedural details last year: The Property Register Card (P.R. Card) is a record showing the ownership along with the land area of the Holdings held by the Revenue Department about the Building Land/Plot. This P.R. Card is a mandatory document to be provided to the MCGM when applying for a Building Permit. The Application for the P.R. Card is made to the City Survey Officer (An Officer of the Revenue Department) by affixing a Rs.10 Court Fee Stamp.

Procedural details update: Property Register Card (PRC) information has been made online by Revenue Department, Govt. of Maharashtra and integrated with MCGM's Single Window System.

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)? No

Last year’s response: No Please clarify why not: The process is integrated with Single Window Clearance System (SWCS)

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: Property Register Card is made available online and integrated SWCS while submitting the application and hence separate procedure is not required now. The procedure should be removed from the Doing Business Report (DBR) 2018.


Procedure 2: Submit application and design plans and pay scrutiny fee

16

Time Time last year: 1 day

Time update: 0.5 days.

Cost

Cost last year: INR 85,840

Cost update: INR 1,14,083

Cost details last year: INR 66/square meter

Cost details update:

Agency Agency last year: Building Proposal Office, Municipal Corporation of Greater Mumbai

Agency update: MCGM

Procedural details

Procedural details last year: BuildCo submits application form with plans and all required documents, as prescribed by Section 337 of the BMC Act, at the sub-engineer of the concerned locality within the Eastern suburbs of Mumbai The sub-engineer reviews the plans and makes sure that the property card is mutated in the name of th owner of the land and signs on the plans. If all documents are in order and the file is complete, BuildCo can proceed to pay the scrutiny fees in the same building by cash or bank draft. Once the fees have been paid, the application file is forwarded to the concerned officer in the Building Proposal Office. Then the file is forwarded to the Survey Office, which will remark on the application file and check the remarks from the Development Plan Office (obtained during the design stage of the project). If the Survey Office is satisfied with their review, they will send back the application file to the Building Proposal Office within one week.

Procedural details update: Procedure 1: Submission of application through Common Application Form (CAF) This procedures is completely online and subsumes Procedures 1, 2, 4, 5, 6 and 7 as observed in DBR 2017. The updated cost is cumulative cost and subsumes all the associated costs of procedures 1-7 observed in DBR 2017. Thus the time and associated costs for Procedure 1, 4, 5, 6 and 7 should be eliminated from DBR 2018.

As per prevailing practice, applicant needs to apply online through SWCS which

is integrtaed with all other agencies concerned. Applicant need not apply to any

other agency for NoC separately.

Simultaneity


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

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


Please explain the changes and provide the legal basis and/or fee schedule when applicable: Procedure 1: Submission of application through Common Application Form (CAF) This procedure is completely online and subsumes Procedures 1, 2, 4, 5, 6 and 7 as observed in DBR 2017. The updated cost is cumulative cost and subsumes all the associated costs of procedures 1-7 observed in DBR 2017. Thus the time and associated costs for Procedure 1, 4, 5, 6 and 7 should be eliminated from DBR 2018. As per prevailing practice, applicant needs to apply online through SWCS which is integrtaed with all other agencies concerned. Applicant need not apply to any other agency for NoC separately.


Procedure 3: Receive site inspection from Building Proposal Office


Time update: 0

Cost Cost last year: no charge

17

Cost update: No charge


Cost details update: No charge



Procedural details

Procedural details last year: A sub-engineer from the Building Proposal Office will conduct a site inspection within 3 -- 4 days of receiving the file from the survey office. The date and time of the site inspection are arranged by BuildCo’s architect. BuildCo must be on-site when the inspection takes place.

Procedural details update: Site inspection is not required, since the applicant is required upload video clippings of site which is mandated vide notification dated 23/02/2016 available at goo.gl/8oT31r. Thus, the procedure stands eliminated and need to be removed from DBR 2018.

Simultaneity


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



Please explain the changes and provide the legal basis and/or fee schedule when applicable: Site inspection is not required, since the applicant is required upload video clippings of site which is mandated vide notification dated 23/02/2016 available at goo.gl/8oT31r. Thus, the procedure stands eliminated and need to be removed from DBR 2018.


Procedure 4: Apply for no-objection certificate (NOC) from Tree Authority


Time update: 0 day

Cost

Cost last year: no charge




Agency Agency last year: Tree Authority, Municipal Corporation of Greater Mumbai


Procedural details

Procedural details last year: Due to stringent environmental regulations, BuildCo must receive clearance from the Tree Authority (set up under the Maharashtra (urban areas) Preservation of Trees Act, 1975). The Tree Authority commission only meets once a month. The Tree Authority must ascertain what trees (if any) will be cut down as a result of construction. If trees are to be cut down, BuildCo will have to plant trees to replace them.

Procedural details update: Procedure 1: Submission of application through Common Application Form (CAF) This procedure is completely online and subsumes Procedures 1, 2, 4, 5, 6 and 7 as observed in DBR 2017. The updated cost is cumulative cost and subsumes all the associated costs of procedures 1-7 observed in DBR 2017. Thus the time and associated costs for Procedure 1, 4, 5, 6 and 7 should be eliminated from DBR 2018. As per prevailing practice, applicant needs to apply online through SWCS which is integrtaed with all other agencies concerned. Applicant need not apply to any other agency for NoC separately.

18

Simultaneity







Procedure 5: Apply for no-objection certificate (NOC) from Storm Water and Drain Department



Cost





Agency

Agency last year: Storm Water and Drain Department, Municipal Corporation of Greater Mumbai


Procedural details

Procedural details last year:


Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:Procedure 1: Submission of application through Common Application Form (CAF) This procedure is completely online and subsumes Procedures 1, 2, 4, 5, 6 and 7 as observed in DBR 2017. The updated cost is cumulative cost and subsumes all the associated costs of procedures 1-7 observed in DBR 2017. Thus the time and associated costs for Procedure 1, 4, 5, 6 and 7 should be eliminated from DBR 2018. As per prevailing practice, applicant needs to apply online through SWCS which is integrtaed with all other agencies concerned. Applicant need not apply to any other agency for NoC separately.

19


Procedure 6: Apply for no-objection certificate (NOC) from Sewerage Department


Time update: 0.0days

Cost





Agency Agency last year: Sewerage Department, Municipal Corporation of Greater Mumbai


Procedural details



Simultaneity







Procedure 7: Apply for no-objection certificate (NOC )from the Hydraulic Engineer Department (water supply)



Cost





Agency Agency last year: Hydraulic Engineer Department, Municipal Corporation of Greater Mumbai

20


Procedural details



Simultaneity







Procedure 8: Receive inspection from Tree Authority


Time update: 22 Days

Cost


Cost update: INR 1,11,000


Cost details update: INR 1,11,000


Agency update: MCGM

Procedural details

Procedural details last year: Inspectors from the Tree Authority visit the site to check if there are any trees located on the premises.

Procedural details update: Procedure 2: Receive Inspection and Obtain NoC This procedure subsumes the time and assocaited costs for Procedures 8,9,10,11,12,13,14,15,16,17 & 18 observed in DBR 2017. Thus the procedure 8, 9,10, 11, 12, 13, 14, 15, 16, 17 & 18 (along with associated time and cost) should be eliminated from DBR 2018.

Simultaneity





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

21

Procedure 2: Receive Inspection and Obtain NoC This procedure subsumes the time and assocaited costs for Procedures 8,9,10,11,12,13,14,15,16,17 & 18 observed in DBR 2017. Thus the procedure 8, 9,10, 11, 12, 13, 14, 15, 16, 17 & 18 (along with associated time and cost) should be eliminated from DBR 2018.


Procedure 9: Receive inspection from Storm Water and Drain Department



Cost





Agency



Procedural details



Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable: Procedure 2: Receive Inspection and Obtain NoC This procedure subsumes the time and assocaited costs for Procedures 8,9,10,11,12,13,14,15,16,17 & 18 observed in DBR 2017. Thus the procedure 8, 9,10, 11, 12, 13, 14, 15, 16, 17 & 18 (along with associated time and cost) should be eliminated from DBR 2018.


Procedure 10: Receive inspection from Sewerage Department



Cost







Procedural details


22


Simultaneity


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



Please explain the changes and provide the legal basis and/or fee schedule when applicable:Procedure 2: Receive Inspection and Obtain NoC This procedure subsumes the time and assocaited costs for Procedures 8,9,10,11,12,13,14,15,16,17 & 18 observed in DBR 2017. Thus the procedure 8, 9,10, 11, 12, 13, 14, 15, 16, 17 & 18 (along with associated time and cost) should be eliminated from DBR 2018.


Procedure 11: Receive inspection from the Hydraulic Engineer Department (water supply)


Time update: 0.00

Cost


Cost update: no charge


Cost details update: no charge

Agency

Agency last year: Hydraulic Engineer Department, Municipal Corporation of Greater Mumbai


Procedural details



Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable: Procedure 2: Receive Inspection and Obtain NoC This procedure subsumes the time and assocaited costs for Procedures 8,9,10,11,12,13,14,15,16,17 & 18 observed in DBR 2017. Thus the procedure 8, 9,10, 11, 12, 13, 14, 15, 16, 17 & 18 (along with associated time and cost) should be eliminated from DBR 2018.


Procedure 12: Obtain NOC from Tree Authority


Time update: 0 days

Cost Cost last year: INR 4,500

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Procedural details

Procedural details last year: Upon receipt of application for NOC, the Tree Authority will send a Tree Officer to personally inspect the trees on the premise. The Tree Officer then submits a report to the Tree Authority within a period of 30 days from the receipt of the application.


Simultaneity







Procedure 13: Obtain NOC from the Storm Water and Drain Department



Cost




Cost details update: No Charge.

Agency



Procedural details



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:Procedure 2: Receive Inspection and Obtain NoC

24

This procedure subsumes the time and assocaited costs for Procedures 8,9,10,11,12,13,14,15,16,17 & 18 observed in DBR 2017. Thus the procedure 8, 9,10, 11, 12, 13, 14, 15, 16, 17 & 18 (along with associated time and cost) should be eliminated from DBR 2018.


Procedure 14: Obtain NOC from Sewerage Department



Cost




Cost details update: no charge.



Procedural details



Simultaneity







Procedure 15: Obtain NOC from Hydraulic Engineer Department (water supply)



Cost





Agency



Procedural details


25


Simultaneity







Procedure 16: Request and obtain NOC from Electric Department



Cost





Agency Agency last year: Brihanmumbai Electric Supply and Transport (BEST)


Procedural details

Procedural details last year: BuildCo has to inform Brihanmumbai Electric Supply and Transport (BEST) of the project's power requirements along with a copy of the application submitted for building plan approval. BEST will assess whether an electrical substation upgrade is required at this stage.


Simultaneity







Procedure 17: Request and obtain NOC from Roads & Traffic Department


Time update: 0 days

26

Cost




Cost details update: no charge.

Agency Agency last year: Roads & Traffic Department, Municipal Corporation of Greater Mumbai


Procedural details



Simultaneity







Procedure 18: Request and obtain NOC from Chief Fire Office



Cost



Cost details last year: INR 10 per square meter


Agency Agency last year: Chief Fire Office, Municipal Corporation of Greater Mumbai


Procedural details

Procedural details last year: All commercial structures require a fire safety clearance.


Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:Procedure 2: Receive Inspection and Obtain NoC This procedure subsumes the time and assocaited costs for Procedures 8,9,10,11,12,13,14,15,16,17 & 18

27

observed in DBR 2017. Thus the procedure 8, 9,10, 11, 12, 13, 14, 15, 16, 17 & 18 (along with associated time and cost) should be eliminated from DBR 2018.


Procedure 19: Obtain Intimation of Disapproval and pay fees


Time update: 7 days

Cost



Cost details last year: IOD deposit charges: Rs. 1/sq ft of proposed built area + Debris deposit charges: Rs 2/sq. ft of proposed built area



Agency update: MCGM

Procedural details

Procedural details last year: After the site inspection, the application file returns to the Building Proposal Office to receive an intimation of disapproval (authorization). The concerned Sub Engineer reviews the proposal and forwards the report to the Assistant Engineer and Executive Engineer. The proposal is approved at the Executive Engineer’s level if no concessions are involved. There are 3 executive engineers in the main Municipal Corporation of Greater Mumbai (MCGM) office and 2 in the Andhuri office (the latter is the office considered for the purposes of this study). Complete applications that do not require concessions (i.e. claiming of areas free of FSI as per provision in DCR 1991, deficiency in open spaces etc.) can be approved within a week. However, the majority of applications require some concessions and further scrutiny so they must be forwarded to the competent authorities. This latter process may take 30 -- 90 days to complete. The intimation of disapproval is issued with a list of NOC’s which the applicant must obtain separately from various departments and government authorities. Final clearance to build will only be given once BuildCo obtains all NOC’s. The NOC’s assigned to the intimation of disapproval are case specific. For the purpose of this study, Doing Business has determined 7 basic NOC’s that are required of almost all projects: • Tree Authority • Storm Water and Drain Department • Sewerage Department • Hydraulic Department • Environmental Department (concerned with debris management) • Traffic and Coordination Department • CFO (fire clearance) BuildCo’s architect must take the Intimation of Disapproval and the design plans to each clearance office separately. NOCs can be applied for simultaneously, but NOC offices are spread out so the submission for these 7 NOC’s is likely to take some time.

Procedural details update: Procedure 3: IOD process After receipt of online NOCs, the IOD is approved through online SWCS within 7 days. The appplicant can download the digitally signed copy from his console post approval.

Simultaneity





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Please explain the changes and provide the legal basis and/or fee schedule when applicable: Procedure 3: IOD process After receipt of online NOCs, the IOD is approved through online SWCS within 7 days. The appplicant can download the digitally signed copy from his console post approval.


Procedure 20: Obtain plinth commencement certificate from sub-engineer and pay development charges



Cost


Cost update: INR.1,94979

Cost details last year: Rs. 20200 sq.m. for land component + Rs. 51900 sq.m. for the building component+ 1% of (1300.6*51900*1%) for Labor Cess charges

Cost details update: Plot details.CTS 20,23,29,77,81 VIllage Hariyallib (west). Calculation :- 929.00 X INR.21,200.00 x1.50 x 1% x 0.10 = INR.29,542 1300.60 X INR.21,200.00 x1.50 x 4% x 0.10 = INR.1,65,436 Total = INR 1,94,978.40


Agency update: MCGM

Procedural details

Procedural details last year: Upon submission of all required NOCs mentioned in the IOD and on compliance of the IOD conditions, the applicant may submit a request for the commencement certificate. The documents and NOC submitted by the applicants are verified by the staff and the necessary commencement certificate is approved. After payment of development charges and other applicable premium the commencement certificate is issued within 7 to 15 days. The commencement certificate is valid for four years in the aggregate, but must be renewed before the expiry of one year from the date it was issued if the work has not yet commenced. Such renewal shall be for three consecutive terms of one year each, after which the proposal would need to re-obtain development permission.

Procedural details update: Procedure 4: Obtain Plinth CC This procedure is completely online and subsumes the time and associated costs of Procedure 20, 21 & 22 as observed in DBR 2017. Thus, procedures 21 and 22 stand eliminated alongwith asociate time and cost, from DBR 2018.

Applicant needs to make payment online as mentioned in the IOD. Plinth Commencement Certificate is issued online.

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable: Procedure 4: Obtain Plinth CC This procedure is completely online and subsumes the time and associated costs of Procedure 20, 21 & 22 as observed in DBR 2017. Thus, procedures 21 and 22 stand eliminated alongwith asociate time and cost, from DBR 2018. Applicant needs to make payment online as mentioned in the IOD. Plinth Commencement Certificate is issued online.


29

Procedure 21: Submit Notice of commencement and completion to Labour Inspector


Time update: 0 day

Cost


Cost update: no charge.



Agency Agency last year: Labour Inspector


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.

Procedural details update: Procedure 4: Obtain Plinth CC This procedure is completely online and subsumes the time and associated costs of Procedure 20, 21 & 22 as observed in DBR 2017. Thus, procedures 21 and 22 stand eliminated alongwith asociate time and cost, from DBR 2018. Applicant needs to make payment online as mentioned in the IOD. Plinth Commencement Certificate is issued online.

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:Procedure 4: Obtain Plinth CC This procedure is completely online and subsumes the time and associated costs of Procedure 20, 21 & 22 as observed in DBR 2017. Thus, procedures 21 and 22 stand eliminated alongwith asociate time and cost, from DBR 2018. Applicant needs to make payment online as mentioned in the IOD. Plinth Commencement Certificate is issued online.

Phase: During Construction

Procedure 22: Request and receive inspection of plinth


Time update: 0 day

Cost







Procedural details


30

Procedural details update: Procedure 4: Obtain Plinth CC This procedure is completely online and subsumes the time and associated costs of Procedure 20, 21 & 22 as observed in DBR 2017. Thus, procedures 21 and 22 stand eliminated alongwith asociate time and cost, from DBR 2018. Applicant needs to make payment online as mentioned in the IOD. Plinth Commencement Certificate is issued online.

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:Procedure 4: Obtain Plinth CC This procedure is completely online and subsumes the time and associated costs of Procedure 20, 21 & 22 as observed in DBR 2017. Thus, procedures 21 and 22 stand eliminated alongwith asociate time and cost, from DBR 2018. Applicant needs to make payment online as mentioned in the IOD. Plinth Commencement Certificate is issued online.

Phase: During Construction

Procedure 23: Request and obtain further commencement certificate


Time update: 7 days

Cost






Agency update: MCGM

Procedural details

Procedural details last year: The building permit is done in 2 steps. First, BuildCo must obtain the permit up to the plinth level. Once the plinth level has been completed, there is an inspection to verify that is in compliance with approved plans. It is only after this inspection has been done and approval obtained that the BuildCo can move on with the construction and start the superstructure of the warehouse. But in order to do so, it is necessary to obtain a permit to start building the superstructure.

Procedural details update: Procedure 5: Further CC Provision is made in SWCS to submit online intimation and obtain further CC online.

Simultaneity

Can this procedure be initiated with the previous procedure? Yes



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 and/or fee schedule when applicable: Procedure 5: Further CC Provision is made in SWCS to submit online intimation and obtain further CC online.

Phase: After Construction

Procedure 24: Request completion NOC from the Storm Water and Drain Department

31


Time update: 15 days

Cost


Cost update: INR 15,000


Cost details update: INR 15,000

Agency


Agency update: MCGM

Procedural details


Procedural details update: Procedure 6: Common Completion Request Form (CCRF) This procedure subsumes the time and cost associated with Procedures 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 & 37 as observed in DBR 2017.

Thus Procedures 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 and their

associated time and cost should be eliminated from DBR 2018.

This procedure allows the architect to submit the completion intimation online

through SWCS which is sent to all agencies concerned through SWCS. Therefore,

the applicant need to submit separate completion requests to the agencies

concerned.

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:. Procedure 6: Common Completion Request Form (CCRF) This procedure subsumes the time and cost associated with Procedures 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 & 37 as observed in DBR 2017. Thus Procedures 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 and their associated time and cost should be eliminated from DBR 2018. This procedure allows the architect to submit the completion intimation online through SWCS which is sent to all agencies concerned through SWCS. Therefore, the applicant need to submit separate completion requests to the agencies concerned.


Procedure 25: Request completion NOC from the Sewerage Department


Time update: 0 day

Cost







32

Procedural details


Procedural details update: Procedure 6: Common Completion Request Form (CCRF) This procedure subsumes the time and cost associated with Procedures 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 & 37 as observed in DBR 2017. Thus Procedures 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 and their associated time and cost should be eliminated from DBR 2018. This procedure allows the architect to submit the completion intimation online through SWCS which is sent to all agencies concerned through SWCS. Therefore, the applicant need to submit separate completion requests to the agencies concerned.

Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable: Procedure 6: Common Completion Request Form (CCRF) This procedure subsumes the time and cost associated with Procedures 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 & 37 as observed in DBR 2017. Thus Procedures 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 and their associated time and cost should be eliminated from DBR 2018. This procedure allows the architect to submit the completion intimation online through SWCS which is sent to all agencies concerned through SWCS. Therefore, the applicant need to submit separate completion requests to the agencies concerned.

Phase: Utilities

Procedure 26: Apply for water connection from Hydraulic Engineer


Time update: 0 day

Cost





Agency



Procedural details

Procedural details last year: BuildCo must visit the ward office and submit a written request for a water and sewerage connection. The connection request must be submitted along with a copy of the building plans.


33

Simultaneity







Procedure 27: Request completion NOC from Roads & Traffic Department


Time update: 0 day

Cost




Cost details update: nocharge



Procedural details



Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:Procedure 6: Common Completion Request Form (CCRF) This procedure subsumes the time and cost associated with Procedures 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 & 37 as observed in DBR 2017. Thus Procedures 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 and their associated time and cost should be eliminated from DBR 2018. This procedure allows the architect to submit the completion intimation online through SWCS which is sent to all agencies concerned through SWCS. Therefore, the applicant need to submit separate completion requests

34

to the agencies concerned.


Procedure 28: Request completion NOC from Chief Fire Office


Time update: 0 day

Cost







Procedural details



Simultaneity






Phase: Utilities

Procedure 29: Receive inspection from Storm Water and Drain Department


Time update: 0 day

Cost





35

Agency



Procedural details

Procedural details last year: The Assistant Engineer of the Municipal Corporation makes the inspection. There are two inspections: one before the connections are completed and another after completion. The inspection would not take more than a day. An officer of the Municipal Corporation inspects the premises and prepares a report on the connection.


Simultaneity






Phase: Utilities

Procedure 30: Receive inspection from Sewerage Department


Time update: 0 day

Cost







Procedural details


36


Simultaneity






Phase: Utilities

Procedure 31: Obtain water connection from Hydraulic Engineer


Time update: 0 day

Cost



Cost details last year: See procedural details.


Agency



Procedural details

Procedural details last year: Fees for water connection include: • Water connection charges: INR 1,060.00 • Water meter: INR 150.00 • Refundable security deposit towards water charges bills at INR 25.00 per 1,000 liter + 60% of sewerage charges for the requirement of the building Sewer fees are INR 50,000

37


Simultaneity







Procedure 32: Receive inspection from Roads & Traffic Department


Time update: 0 day

Cost





Agency Agency last year: Roads &Traffic Department, Municipal Corporation of Greater Mumbai


Procedural details



Simultaneity




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

38

reform. Reform



Procedure 33: Receive inspection from Chief Fire Office


Time update: 0 day

Cost


Cost update: no cost


Cost details update: no cost



Procedural details



Simultaneity






Phase: Utilities

39

Procedure 34: Obtain completion NOC from Storm Water and Drain Department


Time update: 0 day

Cost





Agency



Procedural details



Simultaneity







Procedure 35: Obtain completion NOC from Sewerage Department


Time update: 0 day

Cost







40

Procedural details



Simultaneity







Procedure 36: Obtain the completion NOC from Roads & Traffic Department


Time update: 0 day

Cost


Cost update: No cost




Agency update: MCGM.

Procedural details



Simultaneity



41





Procedure 37: Obtain the completion NOC from Chief Fire Office


Time update: 0 day

Cost



Cost details last year: INR 5 per square meter




Procedural details

Procedural details last year: All commercial structures require fire safety clearance according to fire and safety rules and regulations stipulated in Development Control Rules 1991 and the National Building Code. The fee for low-rise commercial buildings is INR 5.00 per sq. m. This NOC may be requested and obtained online, but it still takes several days to receive.


Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable: Procedure 6: Common Completion Request Form (CCRF) This procedure subsumes the time and cost associated with Procedures 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 & 37 as observed in DBR 2017. Thus Procedures 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 and their associated time and cost should be eliminated from DBR 2018.

42

This procedure allows the architect to submit the completion intimation online through SWCS which is sent to all agencies concerned through SWCS. Therefore, the applicant need to submit separate completion requests to the agencies concerned.


Procedure 38: Submit letter stating completion of building works to obtain an occupancy certificate and certificate of completion


Time update: 0.5 day

Cost






Agency update: MCGM

Procedural details

Procedural details last year: The owner, through a licensed plumber, shall furnish a drainage completion certificate to the Commissioner to certify that the works were completed according to approved drainage plans. The licensed surveyor, engineer, or architect who has supervised the construction shall furnish a building completion certificate to the Commissioner works to certify that the building has not deviated from the approval plans. This shall be accompanied by three sets of plans of the completed development. Following the reception of both certificates of completion the Commissioner shall inspect the work, and after satisfying himself that there is no deviation from the approved plans, issue a certificate of acceptance of the completion of the work.

Procedural details update: Procedure 7: Request for Occupancy cum Building Completion Certificate (OC-BCC) This procedure is made completely online and the Completion and Occupancy Certificates have been merged into a single certificate i.e. OC-BCC

Simultaneity


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



Please explain the changes and provide the legal basis and/or fee schedule when applicable: Procedure 7: Request for Occupancy cum Building Completion Certificate (OC-BCC) This procedure is made completely online and the Completion and Occupancy Certificates have been merged into a single certificate i.e. OC-BCC


Procedure 39: Receive final inspection from Building Proposal Office


Time update: 7 days

Cost




43



Agency update: MCGM

Procedural details


Procedural details update: Procedure 8: Obtain OC-BCC This procedure subsumes Procedures 39, 40, 41 and 42 alongwith their associated time and cost as observed in DBR 2017. Thus Procedures 40, 41 and 42 (alongwith associated cost and time) should be eliminated from DBR 2018. On receipt of application for OC-BCC the final inspection will be conducted within defined timelines and digitally signed OC-BCC will be made available to the architect online through SWCS.

Simultaneity





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

Procedure 8: Obtain OC-BCC

This procedure subsumes Procedures 39, 40, 41 and 42 alongwith their associated time and cost as

observed in DBR 2017. Thus Procedures 40, 41 and 42 (alongwith associated cost and time) should

be eliminated from DBR 2018.

On receipt of application for OC-BCC the final inspection will be conducted within defined timelines

and digitally signed OC-BCC will be made available to the architect online through SWCS.


Procedure 40: Obtain occupancy certificate from Building Proposal Office (sub-engineer)


Time update: 0 day

Cost







Procedural details

Procedural details last year: Once the occupancy certificate has been issued, the final plans are stamped by the Building Proposal Office, the final plans are stamped by the Building Proposal Office and one copy is forwarded to the Hydraulic Engineer (Water) Department.


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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 8: Obtain OC-BCC This procedure subsumes Procedures 39, 40, 41 and 42 alongwith their associated time and cost as observed in DBR 2017. Thus Procedures 40, 41 and 42 (alongwith associated cost and time) should be eliminated from DBR 2018. On receipt of application for OC-BCC the final inspection will be conducted within defined timelines and digitally signed OC-BCC will be made available to the architect online through SWCS.


Procedure 41: Obtain final NOC from Hydraulic Engineer (Water) Department


Time update: 0 day

Cost





Agency


Agency update: Not applicable

Procedural details



Simultaneity



Last year’s response: No Please clarify why not: T


Please explain the changes and provide the legal basis and/or fee schedule when applicable: Procedure 8: Obtain OC-BCC This procedure subsumes Procedures 39, 40, 41 and 42 alongwith their associated time and cost as observed in DBR 2017. Thus Procedures 40, 41 and 42 (alongwith associated cost and time) should be eliminated from DBR 2018. On receipt of application for OC-BCC the final inspection will be conducted within defined timelines and digitally signed OC-BCC will be made available to the architect online through SWCS.


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Procedure 42: Obtain completion certificate


Time update: 0 day

Cost







Procedural details



Simultaneity





Please explain the changes and provide the legal basis and/or fee schedule when applicable:Procedure 8: Obtain OC-BCC This procedure subsumes Procedures 39, 40, 41 and 42 alongwith their associated time and cost as observed in DBR 2017. Thus Procedures 40, 41 and 42 (alongwith associated cost and time) should be eliminated from DBR 2018. On receipt of application for OC-BCC the final inspection will be conducted within defined timelines and digitally signed OC-BCC will be made available to the architect online through SWCS.

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 Mumbai, or any missing procedures.

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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/

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