Authorities & RERA
What is Building Plan Approval?
The document that says what may be built. Everything that differs from it is unauthorised — and the gap between the plan and the building is where most Indian property problems live.
The short answer
The sanctioned building plan is what the authority actually permitted. It fixes the height, the floors, the FSI, the ground coverage, the setbacks, the parking.
Anything built differently is UNAUTHORISED CONSTRUCTION. Not a variation. Not a minor change. Unauthorised.
And the gap between the sanctioned plan and the actual building is where most Indian property problems live.
What building plan approval is
Before construction, the developer submits architectural and structural drawings to the local authority — the municipal corporation, or the development authority.
The authority examines them, and if they comply with the bye-laws, sanctions them.
That sanctioned plan is then the only thing that may lawfully be built. It is not a guideline. It is the permission.
What the authority is checking
- FSI / FAR — is the total built area within what's permitted?
- Ground coverage — is the footprint within the limit?
- Setbacks — are the open margins adequate on every side?
- Height — within the limit for that road width and zone? And within any airport restriction?
- Parking — enough spaces provided?
- Fire safety — access, staircases, refuge floors.
- Structural design — will it stand up?
- Land use — is the zoning right, and has agricultural land been converted?
- Title — does the applicant have the right to build?
Which is why the sanctioned plan is such a useful document to a buyer: one approval means all of that was checked.
Deviation — and what it actually costs you
The extra floor. The wing that grew. The setback that was built over. The amenity block that became flats. The basement that became a shop.
None of these is a 'minor variation'. Each is unauthorised construction.
And here is what it costs you:
• No occupancy certificate. The authority will not certify a building that doesn't match its plan.
• No legal water or electricity connection.
• Your bank may refuse the loan.
• Your resale is compromised. The next buyer's lawyer will find it.
• Demolition. Not theoretical. Indian authorities have demolished entire unauthorised floors, and occasionally entire towers, with people living in them.
• Regularisation — sometimes, on payment of a penalty. Sometimes. Never plan around it.
When a builder says the occupancy certificate is 'in process', the real question is: does the building match the sanctioned plan?
Because if it doesn't, the OC is not in process. It is not coming — not until the deviation is regularised or demolished.
Ask directly: “Is there any deviation from the sanctioned plan?” Get the answer in writing. The reaction is informative even when the answer isn't.
How to check
- Get the sanctioned plan. It should be in the RERA filing. If it isn't, ask why.
- Check the approval number and date against the authority's records.
- Count the floors on the plan. Then count the floors on the building. Do it. People don't, and it is a two-minute check that has saved buyers from disaster.
- Look at the setbacks on the plan, then look at the building.
- Check the FSI — permitted, and consumed.
- Check whether the OC has been issued. If not: ask what the deviation is.
- Check the commencement certificate too — and note whether it permits the full height, or only up to a certain floor.
The Real Estate (Regulation and Development) Act, 2016 is a central law. But it is administered by a separate authority in each state, each with its own portal, its own rules, its own forms, and its own fee schedule.
Which means: the principles below apply everywhere. The procedure does not.
Always check YOUR state's RERA portal for the current rules, forms and fees. Search for it by name — MahaRERA, K-RERA, TS-RERA, TNRERA, UP RERA, HARERA — rather than following a link a builder or a broker sends you.
Frequently asked questions
What is building plan approval?
The formal sanction by a local authority of a building's architectural and structural plans, confirming they comply with FSI, ground coverage, setbacks, height limits, parking, fire safety and land use. The sanctioned plan is then the only thing that may lawfully be built.
What happens if a building deviates from the sanctioned plan?
It is unauthorised construction — not a 'minor variation'. The authority will not issue an occupancy certificate, which means you cannot lawfully move in, may not get legal utility connections, may be refused a home loan, and will struggle to resell. In the worst case, the deviation is demolished. Indian authorities have demolished entire unauthorised floors with people living in them.
Why hasn't my project got its occupancy certificate?
Very often because the building does not match the sanctioned plan. If it doesn't, the OC is not 'in process' — it is not coming, until the deviation is regularised or demolished. Ask directly whether there is any deviation from the sanctioned plan, and get the answer in writing.
How do I check a building against its sanctioned plan?
Get the plan from the RERA filing, verify the approval number with the authority — then count the floors on the plan and count the floors on the building. It is a two-minute check that people don't do, and it has saved buyers from disaster. Then look at the setbacks on the plan, and look at the building.