• Conversion of residential land

I purchased a 3500 sq ft land in a gated community in hills of ooty. this land is categorized as dry land and there is no agriculture on this. this community is very large the name is golden group pristine valley. owner of the gated community is building a resort near my plot.i also heard that is a multi use land
address of the property-Plot 1A, prestine valley, thalakadu mattam, bengalmattam post kundah nilgiris 643204
questions
1. is it a residential land as per revenue records. in DTCP records it says dry land? 
2. is it a multiuse are according to revenue records
3. can this be converted to commercial land? if yes how?
4. will I need developer permission to convert the land to commercial?
5. can I build a small guesthouse for commercial purposes without converting it to commercial land.
Asked 1 month ago in Property Law from Bahrain
Religion: Hindu

In Tamilnadu Most of People's used to construct a building on dry agriculture land in rural areas after obtaining the necessary approvals from local authorities.

Mohammed Mujeeb
Advocate, Hyderabad
7067 Answers
3 Consultations

4.5 on 5.0

1.  Dry land is Not Residential Land and CANNOT be used for anything else, except agricultural activities.  District collectors permission is required to convert Dry Land into Non-Agricultural (NA) land (commercial land) for purpose of building ANY type of dwelling /guest-house purposes.

2.  Constructing any type of house on Dry land (agricultural land) would be an offence and liable for demolition and prosecution.

3. IF the said Land has been already transferred in your name in the revenue records (tahsil office), THEN no permission is required from developer /whosoever, to make application before the collector for NA conversion for house constructions....etc....

4.  For commercial activities, permission has to be taken from local Gram Panchayat /Municipal authorities.

Hemant Agarwal
Advocate, Mumbai
1813 Answers
10 Consultations

5.0 on 5.0

Hi, since the adjacent land is being developed ,it has a status of residential land ..For starting of any construction work ,you need an approval from the local authorities..Once you obtain the permission it can be used  for the commercial as well residential purposes 

Hemant Chaudhary
Advocate, Gurgaon
4144 Answers
24 Consultations

4.9 on 5.0

1) Need to check with DTCP records which are available in the local office.

 

2) Need to check with Revenue Department of state whether this land can be used fir multi purposes.

 

3) To convert commercial land one needs to take permission from collector of that area and municipal corporation.

 

4) No if you are owner of the land and need to review all mutation papers of the land.

 

5) 350 sq ft area approximately  you can   built a house on land.

Ganesh Kadam
Advocate, Pune
6426 Answers
47 Consultations

4.9 on 5.0

1.  Dry or wet land, unless it is not converted into NA, it cannot be  classified as residential land.

Yo may verify if the conversion was approved by the DTCP.

2. A dry land cannot be termed as multi use land, but you may verify the revenue records for the status of the land.

3. If this is still a dry land then it has to be converted to NA first and then to residential or commercial as per the procedures laid down.

4.You may have to apply for conversion before the district revenue officer.

5. You may have to watch out the prevailing circumstances and without any risk you may plan things accordingly, legally you may not be permitted to do that.

T Kalaiselvan
Advocate, Vellore
51445 Answers
612 Consultations

5.0 on 5.0

1. This is a local issue. You shall have to ascertain from local sources whether it is an agricultural land or not since agricultural activities can be conducted in dry land also with artificial irrigation.

 

2. If it is recorded as residential land as per record of BLRO, then buildings can be constructed thereupon.

 

3. You can file an application for converting the land to commercial land.

 

4. Unless there is a specific clause in your sale deed registered by the developer restraining you from converting the land to commercial land, then you can file such application.

 

5. It will be illegal to start commercial operation from  residential place.        

Krishna Kishore Ganguly
Advocate, Kolkata
21771 Answers
564 Consultations

5.0 on 5.0

Pointwise answer to your query has been provided.

Krishna Kishore Ganguly
Advocate, Kolkata
21771 Answers
564 Consultations

5.0 on 5.0

 You need to do change of use as it is a dry land and residential activities are generally not permitted. Yes you need development permissions without which construction will be illegal. 

 

Prashant Nayak
Advocate, Mumbai
8308 Answers
11 Consultations

4.8 on 5.0

Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017 moderates the process of changing land use from agriculture land to non-agriculture purpose in Tamil Nadu. The process of conversion of land will be completed on payment of a premium, and on verification, if it is found that the owner of the land fulfils all the conditions a conversion order will be granted to the landholder.

 

2) As per the Tamil Nadu Land use change rules, before carrying out any development on the agriculture land, an eligible person need to apply to the local authority for the permission to convert the use of agricultural land into the non-agricultural purpose.

 

3) you cannot build commercial guest house without converting the land 

 

4) 

For obtaining completing Tamil Nadu land conversion, the applicant has to attach documents as mentioned below:

  • Copy of sale deed, lease deed and power of attorney self-attested by the applicant
  • Certificate of ownership should be obtained from the Executive Officer, Town Panchayat or Commissioner, Municipality Corporation in case of urban local bodies
  • In the case of rural local authorities, certificate of ownership to be obtained from the Block Development Officer (BDO) of Block Panchayat, Village Panchayat
  • FMB or Town Survey sketch
  • Patta, Chitta or Town Survey Land Records (TSLR) in owner’s name
  • Site plan inappropriate scale of 1:400/800/1600
  • Proposed layout for sub-division plan (In case of layout/subdivision proposal)
  • To plan to show all existing developments surrounding the site for 500-metre radius
  • Encumbrance certificate for 13 years issued not before 30 days from the date of submitting the application
  • If the proposed land lies within a distance of thirty meters from Railway property boundary and the applicant proposes to have the plot for building within the area then-No Objection Certificate (NOC) from Railways

Ajay Sethi
Advocate, Mumbai
61317 Answers
3722 Consultations

5.0 on 5.0

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