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1
Streamlining Approval
Procedures for Real
Estate Projects
Dhanendra Kumar
Chairman, Committee on Streamlining Approval Procedures for Real Estate Projects
(SAPREP), set up by Ministry of Housing and Urban Poverty Alleviation, Govt. of India
& Former Chairman, Competition Commission of India (CCI)
Disclaimer - The views expressed in this presentation are personal and do not reflect the views
of the Ministry of Housing and Urban Poverty Alleviation (M/HUPA).
November 1-2, 2012 Hotel The Leela, Mumbai
2
Overview
Importance of real estate and construction sector and key challenges1
Introduction to SAPREP* Committee
Key findings of the Committee report
Recommendations and next steps
*Streamlining Approval Procedures for Real Estate Projects
Your feedback and suggestions
2
3
4
5
3
Importance of real estate and
construction sector and key challenges
4
Real estate and construction sector has continued to
contribute significantly to the country’s GDP;
Average contribution over 2011-16 estimated to be 17.5%
• On an average, real estate contributes 8% while construction contributes 9.5%
• Both real estate (19.5% CAGR) & construction (CAGR 18.3%) have witnessed
tremendous growth since 2001
Source: RICS Research: Real estate and construction professionals in India 2020
Importance of the sector
0%
20%
40%
60%
80%
100%
GDP 242 1,346 2,080
Real Estate Services 30 128 197
Construction 28 107 164
2001 2011 2016
Contribution of Real estate and Construction to India’s GDP (USD Bn)
17.5%17.5%
5
Given that the sector is riddled with many complex issues
threatening to slow down growth, multiple efforts are being
made by Government to address these issues
Cumbersome project
approval process
Absence of
regulatory body
Lack of market data
& transparency
Land values
& acquisition
Shortage of
skilled workforce
Lack of standards and
uniform practices
SAPREP Committee set up by
Ministry of Housing to look at
streamlining approval procedures
Draft real estate
regulation bill
Eg. NHB Residex, Central
registry, digitization of land
records
Focus on capacity building
in new JNNURM, capacity
building schemes, NSDC
etc
Eg. building standards,
affordable housing
standards?
Land acquisition bill,
valuation standards
6
Introduction to the Committee set up by MoHUPA on
‘Streamlining Approval Procedures for
Real Estate Projects (SAPREP)’
7
SAPREP Committee
Terms of Reference
• Examine few best practices on streamlining building plan approval processes in
cities like Pune, Hyderabad, Mysore and Indore etc.
• Study of Bihar model on the obtaining of building plan approvals from certified
architects.
• Suggest a methodology for fast tracking Central/State building clearances.
• Suggest a systematic approach through which all cities and states can develop fast
track, single window clearance mechanism giving specific focus on
– simplification of procedural aspects,
– formulating single composite form with complete listing of the set of documents
necessary to accord sanction by the authorities and
– automated system for building plan approval with special emphasis on Affordable
Housing.
SAPREP Committee was set up to study successful models in Indian states as well as
international best practices in order to suggest a methodology for fast track
Central/State building clearances.
8
Work done so far
• Extensive secondary research
• Feedback collected from states via questionnaire
• Invited public comments
• Committee and sub-committee meetings
– Representatives from approval authorities invited to attend meetings
and contribute to the deliberations
Current status
• Draft report has been prepared and will be submitted to the Ministry of
Housing and Urban Poverty Alleviation in November 2012
SAPREP Committee
9
Key findings of SAPREP Committee
- Magnitude of the problem
- Legal framework and other challenges
- Developer’s issues due to existing process
- Consumer issues
10
India – ‘Dealing with Construction permits’
According to a World Bank Study, India has one of the
most cumbersome and lengthy process for seeking
construction permits
Source: Doing Business 2013 – report by The World Bank and IFC
Magnitude of the problem
But, still a long way to go as India
ranks 182 out of 185 countries
India has reduced time from 227 days to
196 days to process building permit
applications by implementing strict time
limits at municipalities
India – Overall ‘ease of doing business’
And it has a huge cost associated with
this process -passed on to consumers
11
Numerous Central and State level laws, rules and
regulations govern the construction activity…
Land title Planning & Land Construction of buildings
NOC from Central Govt. NOC from State Govt. Service Installations
 Indian Registration Act ,
1908
 Various State legislations
 Land Revenue Acts by all
State Governments
 Town and Country Planning
Acts by all State Governments
 Master Plans/ Development
Plans
 National Building Code
2005
 Local Building Bye-Laws
 Water connection
 Sewerage connection
 Gas connection
 Telecom connection
Power / Electricity
connection
 Water (Prevention &
control of pollution) Act,
1974 and Air
(Prevention & control of
Pollution) Act, 1981
 Environnent Impact Assesment
(EIA) Notification S.O. 1533 (2006)
 Ancient Monuments and
Archaeological Sites and Remains
Act, 1958
 Works of Defense Act 1903 (WDA)
 Environment (Protection) Act, 1986
 Forest Conservation Act, 1980
Legal framework
12
PARRALEL PROCESS OF SERVICE
INSTALLATIONS
PARRALEL PROCESS OF OBTAINING VARIOUS NOCs
Land Title Planning & Land
Construction of
Buildings
NOCs from
Central Depts
Service / Utilities
Installations
Revenue Department
(Tehsildar)
Ownership Certificate /
Patta /Chitta
State Town Planning / ULB
Non encumbrance
Certificate
Department of Town Planning
(State Level)
Zoning / Site Layout
Approval
In accordance with
Master Plan/City Dev
Plan?
Urban Local Bodies (ULB)
In accordance
with Building
Bye-Laws?
LOI for Building
Plan Approval
Central / State - MoEF
Environmental Clearance
Central - AAI
Distance & Height Clearance
Central - NMA
NOC for Heritage buildings
Central – Ministry of Defense
NOC for Defense Establishments
Central – Central Ground Water Authority
Bore well Registration Certificate
Central – Coastal Zone Mngt Authority
NOC for Coastal Zone
Central/State – NHAI /PWD
Road Access
State – State Pollution Board
Consent to Establish / Operate
DG Set Installation
Central/State – Forest Department
(MoEF/State Dept)
Tree Cutting Approval
State/Local – Fire Service Dept.
NOC for Fire
1
3a
Building Permit /
Development License
Completion Certificate
4
5
6
NOCs from State Depts
Applicant / Developer
3b 3b
Occupancy Certificate
7
LOI for building plan
approval obtained?
All NOCs obtained?
Urban Local Bodies (ULB)
Developer submits
Application for Zoning
Approval
3
Conversion of Land OR
Land Use required?
Yes
Department of Town Planning
(State Level)
2
No
State Board
Water Connection
State Board
Sewerage Connection
State / Private
Gas Connection
State / Private company
Power / Electricity Connection
MTNL / Private Operator
Phone Connection
Developer
submits
Application
Building plan
Approval
Developer
submits
Application
for
Demarcation
Construction begins
Engineer
handed
over plot?
Commencement inspection
Completion inspection
Conversion of land or
Change in Land Use
CATEGORY OF APPROVALS
DEPARTMENT
TYPE OF APPROVAL
# IMPORTANT SEQUENCE/STEPS
LEGEND
Developer issues…resulting in a lengthy and cumbersome process where
developer needs to approach multiple authorities
12
13
Multiple factors add to the complex process, leading to
uncertainties and delays in building approvals
‘Land’ is a state subject
resulting in multiple laws,
rules and
regulations
Ambiguity and
discretion
Complex building
bye laws with
excessive control
Complexity and
coordination hurdles
with multiple depts.
Rigid urban
planning processes
Lack of
transparency
and corruption
Lack of
institutional
clarity
Developer issues
World Bank Study estimates
• If procedures are too
complicated or costly,
builders tend to
proceed without a
permit.
• By some estimates
60–80% of building
projects in developing
economies are
undertaken without the
proper permits and
approval
14
Whilst building laws are framed for safety and protection
of people and environment, complexity of the procedure
results in uncertainty for consumers as well as developers
Is the location good with
adequate urban Infrastructure? Does the developer
have clear land title?
Have all statutory
planning and building
approvals been
received? Is the paper work /
contracts neutral and
not one-sided?
What is the
actual carpet
area that I can
use?
How can I know the status of the project and
approvals to estimate when construction may get
completed?
Is the construction
quality and
specification as
promised/shown in
the apartment
brochure?
Who do I approach for
delays and un-kept
promises by developers?
Has the property received
the completion certificate
after necessary
inspections?
1
2
3
4
5
6
7
8
9
Consumer issues
15
16
What have other countries to reform their systems?
Introducing or improving one-stop shops was among the most common
features of construction permitting reforms in the past 8 years
Source: Doing Business 2013 – report by The World Bank and IFC
Source: Doing Business 2013 – report by The World Bank and IFC
International best practices
17
Recommendations and next steps
18
6 Key Pillars
to streamline real estate project approvals
Bring
transparency,
predictability
and
accountability
to protect
consumer
interest
1
Review
existing
systems
and
procedures
2
Single
Window or
‘One-Stop
Shop’
enabled by
IT
3
Reforms to
promote
affordable
and green
housing
4
Share best
practices
and
incentivize
States
5
Key recommendations
Capacity
building in
private
and public
sector
6
19
State wise compendium of all processes and timelines for
Transparency, Predictability and Accountability
1
Composite
Application Form,
Standard
checklists and
timelines
State wise
compendium
of process and
timelines
- what approvals
- where to go and
- by when to expect
Transparent
processes
Clarity of sequential
and parallel processes
Shift from
paperwork
and chaotic
processes
While Central Government can
facilitate these, States will be
responsible for implementation
20
Transparency, Predictability and Accountability
With consumer interest at the heart of all reforms…
Access to building approval
information and status
updates to avoid pre-sales of
projects without requisite
approvals
Strengthening regulatory
mechanisms to enforce
building standards; ensure
quality
• Uploading a list of all approved projects on
websites of local authority
• Online information on the status of building
approval applications
• Prompt notification of application approvals
• Projects to be registered with (proposed) real
estate regulation authority
• Enforcement of various state building laws
by local building authorities or private/third party
inspectors
• To provide consumer redress for building
defects
1 Contd.
21
1. Remove duplicity or unnecessary approvals and documentation
• Eg dual process of getting conversion of land use approval from revenue
department as well as town planning / local dept may be done away with
2. Simplify or improve process by clarity in rules and restrictions
• There are opportunities to eliminate the need for NOC from certain
authorities such as NMA, AAI, if the restricted areas are marked as red,
green, yellow
3. Identify activities that can be automated
• Eg online submission of building plans, e-payments
4. Identify approvals that may be delegated
• Eg planning approvals (zoning plan or change in land use) can be
delegated to local bodies after adequate capacity building
Review of systems and procedures
Remove redundancies, simplify process, automate or delegate powers
2
22
Single Window or ‘One-Stop Shop’ enabled by IT
3
NationalServicesDelivery
Gateway(NSDG)
• Application Routing
• Processing (Scrutiny, Approval)
• Communication
• MIS Reporting
Department Portal
Approval authorities
/ Department Users
IT Portal
acting as
‘Single
Window’
will connect
various
departments
Developer /
Applicant
Developer submits all
information and
documents in a
Composite
Application Form
Source: Graphic representation adapted from e-Biz being developed by DIPP
Responses / status
updates from various
authorities returned to
the applicant
23
With the help of IT enabled one-stop shop, Hong Kong SAR, China
and Singapore have achieved no. 1 and no. 2 ranks respectively for
‘dealing with construction permits’
International best practices
3 Contd.
Singapore
• Many departments have been inter-connected
and manual procedures automated by
leveraging IT
• Singapore takes 11 procedures and only 26
days to get a construction permit
Hong Kong
• A One Stop Centre (OSC) was set up under the
administration of the Efficient Unit (EU)
• Hong Kong takes only 6 procedures and 67
days to get a construction permit
24
Taiwan, China, made the biggest improvement in the ease
of dealing with construction permits in the past year
Source: Doing Business 2013 – report by The World Bank and IFC
By improving one-stop shop and introducing private inspections by building
inspectors, 14 procedures were eliminated and 31 days were saved
Source: Doing Business 2013 – report by
The World Bank and IFC
International best practices
3 Contd.
25
Reforms to promote for affordable and green housing
through planning/development policies and approval procedures
4
Clear ‘definition of affordable housing’ projects
Fast track
process/
green
channel
with 60-90
day
clearance
window
Exemptions
from certain
NOCs or
‘deemed
approval’ to
expedite supply
of affordable
housing
Nodal agency
to act as
‘Single
window’ and
coordinate all
approvals
from different
authorities
Green certified
projects to be
exempt from
environment
clearance
Revision of
building codes with
specific provisions
for ‘affordable
housing’ including
revised
densification (built-
up area) norms and
standardization of
building specification
26
Share best practices and incentivize States
Recognize and reward States and individuals to build competitive spirit
5
Nodal agency (Avas Vikas Limited) for
affordable housing; Clear processes and
time limits
Consolidation of building laws (AP Building
Rules 2011) to make building stipulations
clear, easy to comprehend, user friendly
Rajasthan
Andhra
Pradesh
Hyderabad
Building plan automation has been a
mandatory reform under JNNURM which
has resulted in many cities developing
custom software/website for online building
approvals
Fast tracking G+4 houses by empowering
empanelled professionals (Green channel)
JNNURM
Cities
1. Many best practices exist which need to be shared
amongst States
2. States need to be
incentivized by
Central Govt. to
reform procedures
3. States and
individuals could be
recognized through
National Awards
27
Capacity building in private and public sector
Training in-house staff; outsourcing and empowering private sector
6
Architects • Empanel/Outsource - to review and verify (self-certify) building plans
and zonal/layout plans for building projects
Civil / structural
engineers
• Empanel/Outsource - to review application of building plans,
construction as well as structural design requirements
Building surveyors
/ inspectors
• Train or empanel - to review adherence to stipulated building codes
and bye laws, including site inspection
Lawyers and law
firms
• Empanel/Outsource - to verify legal documents including ownership
and non-encumbrance certificated
Other ULB Staff • Train - ULB staff on procedures and IT
Urban Planners • Train – ULB staff to be able to approve land-use/zonal plans*
*India needs ~40,000 urban planners for 7935 towns;
only 616 planners annual supply from educational institutions
28
Streamlining
building
approvals
Leverage technology to connect
departments information flow
Examine approval processes
that can be removed,
simplified or delegated
Expedite decision making and
clearance of long pending
applications
Introduce fast track channels
for projects that meet
‘affordable housing’ criteria
Build capacity in local
bodies
Clear processes and timelines
for greater clarity and
predictability
Consolidate and streamline
building laws at national and
state level
1
2
3
4
5
6
7
Technology platform is being
identified
Review of processes,
Composite Application Form
Facilitation window in ULB,
Empowered committee,
Ombudsman or Appellate Authority
Consider nodal agencies, special
exemptions
Document processes, checklists,
timelines, automatic/deemed
approval
Land surveyors, urban
planners, building inspectors
Summary
Summary
29
Next steps
• National workshop of all states to discuss
implementation – end November
• Pilot implementation of the recommendations in one or
two states
30
Your feedback and suggestions….
31
Your feedback and suggestions…
1. Which approvals prove to be the biggest bottleneck?
2. Areas where standardized documents and checklists would be most helpful
3. Identifying redundant processes (which can be eliminated) and areas of duplication
4. Suggestions to streamline approvals from MOEF/AAI/NMA/ Defense Ministry
5. Should Environment Impact assessment under MOEF should be undertaken at the Master Plan /
City Development plan or for every project approval stage? What should be the minimum
threshold for which environment clearance should be required?
6. What kind of incentives will be effective to motivate States to implement procedural reforms?
7. Can the simplified norms of Andhra Pradesh be adopted in other states to incentivize housing
8. What special exemptions should be considered for affordable housing
9. What facilities/functionalities should be made available in e-platform as a single window shop
for building approvals
10. Is there need for an appellate authority or ombudsman to hear appeals against building
approval related cases
11. Other suggestions on how building approvals can be facilitated and expedited
32
Thank you!
Dhanendra Kumar, Chairman
Committee on Streamlining Approval Procedures for Real Estate Projects (SAPREP)
and Former Chairman, Competition Commission of India (CCI)
Email - dkumar1946@gmail.com

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Test

  • 1. 1 Streamlining Approval Procedures for Real Estate Projects Dhanendra Kumar Chairman, Committee on Streamlining Approval Procedures for Real Estate Projects (SAPREP), set up by Ministry of Housing and Urban Poverty Alleviation, Govt. of India & Former Chairman, Competition Commission of India (CCI) Disclaimer - The views expressed in this presentation are personal and do not reflect the views of the Ministry of Housing and Urban Poverty Alleviation (M/HUPA). November 1-2, 2012 Hotel The Leela, Mumbai
  • 2. 2 Overview Importance of real estate and construction sector and key challenges1 Introduction to SAPREP* Committee Key findings of the Committee report Recommendations and next steps *Streamlining Approval Procedures for Real Estate Projects Your feedback and suggestions 2 3 4 5
  • 3. 3 Importance of real estate and construction sector and key challenges
  • 4. 4 Real estate and construction sector has continued to contribute significantly to the country’s GDP; Average contribution over 2011-16 estimated to be 17.5% • On an average, real estate contributes 8% while construction contributes 9.5% • Both real estate (19.5% CAGR) & construction (CAGR 18.3%) have witnessed tremendous growth since 2001 Source: RICS Research: Real estate and construction professionals in India 2020 Importance of the sector 0% 20% 40% 60% 80% 100% GDP 242 1,346 2,080 Real Estate Services 30 128 197 Construction 28 107 164 2001 2011 2016 Contribution of Real estate and Construction to India’s GDP (USD Bn) 17.5%17.5%
  • 5. 5 Given that the sector is riddled with many complex issues threatening to slow down growth, multiple efforts are being made by Government to address these issues Cumbersome project approval process Absence of regulatory body Lack of market data & transparency Land values & acquisition Shortage of skilled workforce Lack of standards and uniform practices SAPREP Committee set up by Ministry of Housing to look at streamlining approval procedures Draft real estate regulation bill Eg. NHB Residex, Central registry, digitization of land records Focus on capacity building in new JNNURM, capacity building schemes, NSDC etc Eg. building standards, affordable housing standards? Land acquisition bill, valuation standards
  • 6. 6 Introduction to the Committee set up by MoHUPA on ‘Streamlining Approval Procedures for Real Estate Projects (SAPREP)’
  • 7. 7 SAPREP Committee Terms of Reference • Examine few best practices on streamlining building plan approval processes in cities like Pune, Hyderabad, Mysore and Indore etc. • Study of Bihar model on the obtaining of building plan approvals from certified architects. • Suggest a methodology for fast tracking Central/State building clearances. • Suggest a systematic approach through which all cities and states can develop fast track, single window clearance mechanism giving specific focus on – simplification of procedural aspects, – formulating single composite form with complete listing of the set of documents necessary to accord sanction by the authorities and – automated system for building plan approval with special emphasis on Affordable Housing. SAPREP Committee was set up to study successful models in Indian states as well as international best practices in order to suggest a methodology for fast track Central/State building clearances.
  • 8. 8 Work done so far • Extensive secondary research • Feedback collected from states via questionnaire • Invited public comments • Committee and sub-committee meetings – Representatives from approval authorities invited to attend meetings and contribute to the deliberations Current status • Draft report has been prepared and will be submitted to the Ministry of Housing and Urban Poverty Alleviation in November 2012 SAPREP Committee
  • 9. 9 Key findings of SAPREP Committee - Magnitude of the problem - Legal framework and other challenges - Developer’s issues due to existing process - Consumer issues
  • 10. 10 India – ‘Dealing with Construction permits’ According to a World Bank Study, India has one of the most cumbersome and lengthy process for seeking construction permits Source: Doing Business 2013 – report by The World Bank and IFC Magnitude of the problem But, still a long way to go as India ranks 182 out of 185 countries India has reduced time from 227 days to 196 days to process building permit applications by implementing strict time limits at municipalities India – Overall ‘ease of doing business’ And it has a huge cost associated with this process -passed on to consumers
  • 11. 11 Numerous Central and State level laws, rules and regulations govern the construction activity… Land title Planning & Land Construction of buildings NOC from Central Govt. NOC from State Govt. Service Installations  Indian Registration Act , 1908  Various State legislations  Land Revenue Acts by all State Governments  Town and Country Planning Acts by all State Governments  Master Plans/ Development Plans  National Building Code 2005  Local Building Bye-Laws  Water connection  Sewerage connection  Gas connection  Telecom connection Power / Electricity connection  Water (Prevention & control of pollution) Act, 1974 and Air (Prevention & control of Pollution) Act, 1981  Environnent Impact Assesment (EIA) Notification S.O. 1533 (2006)  Ancient Monuments and Archaeological Sites and Remains Act, 1958  Works of Defense Act 1903 (WDA)  Environment (Protection) Act, 1986  Forest Conservation Act, 1980 Legal framework
  • 12. 12 PARRALEL PROCESS OF SERVICE INSTALLATIONS PARRALEL PROCESS OF OBTAINING VARIOUS NOCs Land Title Planning & Land Construction of Buildings NOCs from Central Depts Service / Utilities Installations Revenue Department (Tehsildar) Ownership Certificate / Patta /Chitta State Town Planning / ULB Non encumbrance Certificate Department of Town Planning (State Level) Zoning / Site Layout Approval In accordance with Master Plan/City Dev Plan? Urban Local Bodies (ULB) In accordance with Building Bye-Laws? LOI for Building Plan Approval Central / State - MoEF Environmental Clearance Central - AAI Distance & Height Clearance Central - NMA NOC for Heritage buildings Central – Ministry of Defense NOC for Defense Establishments Central – Central Ground Water Authority Bore well Registration Certificate Central – Coastal Zone Mngt Authority NOC for Coastal Zone Central/State – NHAI /PWD Road Access State – State Pollution Board Consent to Establish / Operate DG Set Installation Central/State – Forest Department (MoEF/State Dept) Tree Cutting Approval State/Local – Fire Service Dept. NOC for Fire 1 3a Building Permit / Development License Completion Certificate 4 5 6 NOCs from State Depts Applicant / Developer 3b 3b Occupancy Certificate 7 LOI for building plan approval obtained? All NOCs obtained? Urban Local Bodies (ULB) Developer submits Application for Zoning Approval 3 Conversion of Land OR Land Use required? Yes Department of Town Planning (State Level) 2 No State Board Water Connection State Board Sewerage Connection State / Private Gas Connection State / Private company Power / Electricity Connection MTNL / Private Operator Phone Connection Developer submits Application Building plan Approval Developer submits Application for Demarcation Construction begins Engineer handed over plot? Commencement inspection Completion inspection Conversion of land or Change in Land Use CATEGORY OF APPROVALS DEPARTMENT TYPE OF APPROVAL # IMPORTANT SEQUENCE/STEPS LEGEND Developer issues…resulting in a lengthy and cumbersome process where developer needs to approach multiple authorities 12
  • 13. 13 Multiple factors add to the complex process, leading to uncertainties and delays in building approvals ‘Land’ is a state subject resulting in multiple laws, rules and regulations Ambiguity and discretion Complex building bye laws with excessive control Complexity and coordination hurdles with multiple depts. Rigid urban planning processes Lack of transparency and corruption Lack of institutional clarity Developer issues World Bank Study estimates • If procedures are too complicated or costly, builders tend to proceed without a permit. • By some estimates 60–80% of building projects in developing economies are undertaken without the proper permits and approval
  • 14. 14 Whilst building laws are framed for safety and protection of people and environment, complexity of the procedure results in uncertainty for consumers as well as developers Is the location good with adequate urban Infrastructure? Does the developer have clear land title? Have all statutory planning and building approvals been received? Is the paper work / contracts neutral and not one-sided? What is the actual carpet area that I can use? How can I know the status of the project and approvals to estimate when construction may get completed? Is the construction quality and specification as promised/shown in the apartment brochure? Who do I approach for delays and un-kept promises by developers? Has the property received the completion certificate after necessary inspections? 1 2 3 4 5 6 7 8 9 Consumer issues
  • 15. 15
  • 16. 16 What have other countries to reform their systems? Introducing or improving one-stop shops was among the most common features of construction permitting reforms in the past 8 years Source: Doing Business 2013 – report by The World Bank and IFC Source: Doing Business 2013 – report by The World Bank and IFC International best practices
  • 18. 18 6 Key Pillars to streamline real estate project approvals Bring transparency, predictability and accountability to protect consumer interest 1 Review existing systems and procedures 2 Single Window or ‘One-Stop Shop’ enabled by IT 3 Reforms to promote affordable and green housing 4 Share best practices and incentivize States 5 Key recommendations Capacity building in private and public sector 6
  • 19. 19 State wise compendium of all processes and timelines for Transparency, Predictability and Accountability 1 Composite Application Form, Standard checklists and timelines State wise compendium of process and timelines - what approvals - where to go and - by when to expect Transparent processes Clarity of sequential and parallel processes Shift from paperwork and chaotic processes While Central Government can facilitate these, States will be responsible for implementation
  • 20. 20 Transparency, Predictability and Accountability With consumer interest at the heart of all reforms… Access to building approval information and status updates to avoid pre-sales of projects without requisite approvals Strengthening regulatory mechanisms to enforce building standards; ensure quality • Uploading a list of all approved projects on websites of local authority • Online information on the status of building approval applications • Prompt notification of application approvals • Projects to be registered with (proposed) real estate regulation authority • Enforcement of various state building laws by local building authorities or private/third party inspectors • To provide consumer redress for building defects 1 Contd.
  • 21. 21 1. Remove duplicity or unnecessary approvals and documentation • Eg dual process of getting conversion of land use approval from revenue department as well as town planning / local dept may be done away with 2. Simplify or improve process by clarity in rules and restrictions • There are opportunities to eliminate the need for NOC from certain authorities such as NMA, AAI, if the restricted areas are marked as red, green, yellow 3. Identify activities that can be automated • Eg online submission of building plans, e-payments 4. Identify approvals that may be delegated • Eg planning approvals (zoning plan or change in land use) can be delegated to local bodies after adequate capacity building Review of systems and procedures Remove redundancies, simplify process, automate or delegate powers 2
  • 22. 22 Single Window or ‘One-Stop Shop’ enabled by IT 3 NationalServicesDelivery Gateway(NSDG) • Application Routing • Processing (Scrutiny, Approval) • Communication • MIS Reporting Department Portal Approval authorities / Department Users IT Portal acting as ‘Single Window’ will connect various departments Developer / Applicant Developer submits all information and documents in a Composite Application Form Source: Graphic representation adapted from e-Biz being developed by DIPP Responses / status updates from various authorities returned to the applicant
  • 23. 23 With the help of IT enabled one-stop shop, Hong Kong SAR, China and Singapore have achieved no. 1 and no. 2 ranks respectively for ‘dealing with construction permits’ International best practices 3 Contd. Singapore • Many departments have been inter-connected and manual procedures automated by leveraging IT • Singapore takes 11 procedures and only 26 days to get a construction permit Hong Kong • A One Stop Centre (OSC) was set up under the administration of the Efficient Unit (EU) • Hong Kong takes only 6 procedures and 67 days to get a construction permit
  • 24. 24 Taiwan, China, made the biggest improvement in the ease of dealing with construction permits in the past year Source: Doing Business 2013 – report by The World Bank and IFC By improving one-stop shop and introducing private inspections by building inspectors, 14 procedures were eliminated and 31 days were saved Source: Doing Business 2013 – report by The World Bank and IFC International best practices 3 Contd.
  • 25. 25 Reforms to promote for affordable and green housing through planning/development policies and approval procedures 4 Clear ‘definition of affordable housing’ projects Fast track process/ green channel with 60-90 day clearance window Exemptions from certain NOCs or ‘deemed approval’ to expedite supply of affordable housing Nodal agency to act as ‘Single window’ and coordinate all approvals from different authorities Green certified projects to be exempt from environment clearance Revision of building codes with specific provisions for ‘affordable housing’ including revised densification (built- up area) norms and standardization of building specification
  • 26. 26 Share best practices and incentivize States Recognize and reward States and individuals to build competitive spirit 5 Nodal agency (Avas Vikas Limited) for affordable housing; Clear processes and time limits Consolidation of building laws (AP Building Rules 2011) to make building stipulations clear, easy to comprehend, user friendly Rajasthan Andhra Pradesh Hyderabad Building plan automation has been a mandatory reform under JNNURM which has resulted in many cities developing custom software/website for online building approvals Fast tracking G+4 houses by empowering empanelled professionals (Green channel) JNNURM Cities 1. Many best practices exist which need to be shared amongst States 2. States need to be incentivized by Central Govt. to reform procedures 3. States and individuals could be recognized through National Awards
  • 27. 27 Capacity building in private and public sector Training in-house staff; outsourcing and empowering private sector 6 Architects • Empanel/Outsource - to review and verify (self-certify) building plans and zonal/layout plans for building projects Civil / structural engineers • Empanel/Outsource - to review application of building plans, construction as well as structural design requirements Building surveyors / inspectors • Train or empanel - to review adherence to stipulated building codes and bye laws, including site inspection Lawyers and law firms • Empanel/Outsource - to verify legal documents including ownership and non-encumbrance certificated Other ULB Staff • Train - ULB staff on procedures and IT Urban Planners • Train – ULB staff to be able to approve land-use/zonal plans* *India needs ~40,000 urban planners for 7935 towns; only 616 planners annual supply from educational institutions
  • 28. 28 Streamlining building approvals Leverage technology to connect departments information flow Examine approval processes that can be removed, simplified or delegated Expedite decision making and clearance of long pending applications Introduce fast track channels for projects that meet ‘affordable housing’ criteria Build capacity in local bodies Clear processes and timelines for greater clarity and predictability Consolidate and streamline building laws at national and state level 1 2 3 4 5 6 7 Technology platform is being identified Review of processes, Composite Application Form Facilitation window in ULB, Empowered committee, Ombudsman or Appellate Authority Consider nodal agencies, special exemptions Document processes, checklists, timelines, automatic/deemed approval Land surveyors, urban planners, building inspectors Summary Summary
  • 29. 29 Next steps • National workshop of all states to discuss implementation – end November • Pilot implementation of the recommendations in one or two states
  • 30. 30 Your feedback and suggestions….
  • 31. 31 Your feedback and suggestions… 1. Which approvals prove to be the biggest bottleneck? 2. Areas where standardized documents and checklists would be most helpful 3. Identifying redundant processes (which can be eliminated) and areas of duplication 4. Suggestions to streamline approvals from MOEF/AAI/NMA/ Defense Ministry 5. Should Environment Impact assessment under MOEF should be undertaken at the Master Plan / City Development plan or for every project approval stage? What should be the minimum threshold for which environment clearance should be required? 6. What kind of incentives will be effective to motivate States to implement procedural reforms? 7. Can the simplified norms of Andhra Pradesh be adopted in other states to incentivize housing 8. What special exemptions should be considered for affordable housing 9. What facilities/functionalities should be made available in e-platform as a single window shop for building approvals 10. Is there need for an appellate authority or ombudsman to hear appeals against building approval related cases 11. Other suggestions on how building approvals can be facilitated and expedited
  • 32. 32 Thank you! Dhanendra Kumar, Chairman Committee on Streamlining Approval Procedures for Real Estate Projects (SAPREP) and Former Chairman, Competition Commission of India (CCI) Email - dkumar1946@gmail.com
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