NOCs for Property Registration Abolished

In a major relief for the common man, the practice of getting a no objection certificate (NOC) from the local body or housing development authority concerned for the registration of sale deeds of property has been done away with. Instead, the seller will have to give a declaration regarding the property being within municipal limits and that it is recognised by the housing authority or local body.

In spite of the objections regarding doing away with the NOC being raised by the Housing Department, the Revenue Department has issued a notification, paving the way for self-declaration of property being sold rather than the tedious process of getting NOCs. The matter was discussed at the highest level in the government, following the “disagreement” between the Housing and Revenue Departments.

Revenue Minister Bikram Majithia said doing away with NOCs was a way forward in governance reforms as people faced a lot of harassment in getting the NOCs. “Moreover, it is the job of the Housing or Local Bodies Departments to see that if anyone gives wrong affidavit, he is liable for action. We have followed the policy of Income Tax department regarding self declaration, rather than getting NOCs from other departments,” he said.

Earlier, as per the instructions issued by the Housing department, under the Punjab Apartment and Property Regulation Act, the seller of property had to get NOCs stating that the plot/land was within the municipal limits, it was recognised by then Urban Local Body or municipal body concerned. The change in land use number of the land/plot had to be submitted and even the copy of approved building plans had to be attached by the seller with the sale deeds. As per the instructions issued by the Revenue Department, these processes by the Housing Department have been done away with, and the seller only has to give a self-declaration regarding the above mentioned things.

Even instructions issued by the Housing Department asking Registrars and sub-registrars across Punjab not to register sale deed or any other document concerning sale of land or plot or building, situated in unauthorised colonies, unless the seller gives a self-declaration that he has applied for regularisation of the plot to the authority concerned, which has to be attached with the sale deed – have been set aside.

The Revenue Department has objected to the instructions issued by Greater Ludhiana Area Development Authority (GLADA) to deputy commissioners of Ludhiana, Moga, Ferozepur and Nawanshahr earlier this month, seeking NOCs for registration of first sale deeds of plots in approved colonies, saying that these were against the provisions of Registration Act, 1908, and hence the sub-registrars cannot implement these notifications.

The article is orginally published at Tribuneindia.com