Query on MCD Sanction Plan/NOC for 20-Year-Old Builder Floor

539 votes

In Delhi, for a 20-year-old builder floor, it is often possible to obtain a certified copy of the sanctioned building plan from the concerned Municipal Corporation if the records are available. The seller should make a formal application under the applicable municipal rules or through RTI to ascertain whether the sanctioned plan exists in municipal records. Mere oral assurance from the seller is not sufficient. An MCD NOC and a sanctioned building plan serve different purposes. An NOC generally does not establish that the construction was carried out strictly as per sanctioned plans, nor does it provide complete protection against future action if unauthorized deviations are discovered. Therefore, an NOC alone should not be treated as a substitute for a sanctioned plan. Before purchase, you should verify the sanctioned plan, completion/occupancy status (where applicable), property tax records, chain of title documents, and whether any demolition, sealing, or booking proceedings are pending. Banks generally conduct their own legal and technical due diligence, and many lenders prefer sanctioned building documents before approving a home loan. If the seller cannot produce the sanctioned plan or a certified copy, it would be advisable to conduct a detailed legal due diligence before proceeding with the transaction.

Advocate Madhvi Chopra LawRato

941 votes

Yes, MCD can issue a certified copy of the sanctioned plan if it was originally approved and records exist. You must insist on the sanctioned plan. An NOC only confirms no current pending actions; it does not prove structural legality or protect against future sealing if deviations exist. Furthermore, reputed banks strictly require a sanctioned building plan to process home loans; an NOC alone will likely result in a loan rejection.

Advocate Pankaj Bajaj LawRato

995 votes

As such at this stage a regularisation application at MCD can be placed for this old construction n MCD may or may not approve it ! It’s better you hire expert advocate for entire process if your sale ..b in touch Thanks

Advocate D. Khan LawRato