No Objection Certificate (NOC): All You Need To Know!
An NOC is issued or provided while you make an offer, or a business deal, or are involved in some transaction.
In real estate, a property buyer requires an NOC certificate from an authority or a previous owner, to ensure that there are no legal issues attached to the property sold. In this article we’ll discuss NOC, it’s importance, it’s various types & how to obtain it.
What’s an NOC?
NOC is a document of permission given to an individual or a company to proceed with the sale/purchase or construction of a property. While constructing an apartment, a bungalow or any other structure, applicants need to obtain an NOC from the appropriate government authorities. NOC is a must-have document without which the property in question is bound to face legal challenges. For different property transactions, different NOCs are required from various authorities.
Why Is NOC Important?
NOC primarily establishes that there is no objection. Further, it can also be produced in a court of law and can be used as evidence to prove innocence, in a legal case. For instance, getting an NOC from any lending institution, once the home loan is repaid, will enable you to collect all the legal documents of the property without any issues.
An NOC will also help in removing lien on property. A lien on property implies that the banks or lending institutions have a claim on your property against you and the right to sell the property until the debts are paid.
How to get a no objection certificate?
To get an NOC from a relevant authority or institution, you need to write an application or letter, mentioning the applicant’s details and explaining to them the purpose/reason for which the NOC is sought. It is also important to provide all the supporting documents which the authorities ask for.
What are various types of NOC?
When you buy or sell a property you hear about various types of NOC. Here’s a list of various types of NOC associated with real estate:
#No Objection Certificate from Society or Developer
It is essential to get the NOC from the society or it’s developer to know that the property you are purchasing is free from debts. You need NOC when you purchase property on a loan from the bank. You have to show the NOC to society so that they can transfer your property.
#No Objection Certificate from Bank
Builders complete their projects by mortgaging their property. While taking the mortgage the builder must show an NOC. A bank cannot give a builder Mortgage before receiving the NOC.
#No Objection Certificate as per RERA
As per section 15 of the RERA act, if a promoter or developer is transferring the rights & liabilities of his property to a third party then the promoter or the developer has to get the NOC from the 2/3rd of the allottees working on the project.
#No Objection Certificate from Collector (DM)
In some states & areas, it is mandatory to get the NOC from the collector to transfer the property. Even while leasing land the lessor needs to obtain the NOC from the collector.
#No Objection Certificate of Court by Administrator
As per Section 307 of the Indian Succession Act, an administrator can choose not to mortgage or transfer the immovable property without prior leave of the court.
Lastly!
If a building or builder fails to abide by the construction laws the NOC will not be given by the authorities. The authorities generally grant NOC after a strict inspection. Hope that this article was helpful!
Disclaimer: The views expressed above are for informational purposes only based on industry reports and related news stories. PropertyPistol does not guarantee the accuracy, completeness, or reliability of the information and shall not be held responsible for any action taken based on the published information.
