Yes we can convert one type of property to other, this is called as the change of land use.
For that we have to follow some legal procedure that we are going to talk in detail in this topic
What you get in this
- What do we mean by land use?
- . What is the change of land use?
- Why is the change in land use important?
- What is the fees of change of land use?
- Process of change of land use
- Conclusion
- FAQ
What do we mean by land use?
The word used in the term land use means specifically for which purpose the land is used, it may can be agricultural use, residential or commercial use.
The land which is not being used by the human for any person is said to be as wildland.
And the land which is lightly used by humans will low disturbance to the natural process of the land is called as semi-natural land.
What is the change of land use?
Change of land use refers to the conversion of land used from one purpose to another. For example, wild land a be converted into semi-wild or semi-natural land, agricultural land converted into residential or commercial land.
Main use of land-use change in the previous 10 years is converting agricultural land into residential land or commercial land and making it ready for human use.
Why is the change in land use important?
Change in land use important as now days need of property is increasing day by day, so for solving this purpose change of land use is important.
Like in our country we need more manufacturing plants as there is need of manufacturing plants in the global economy, so by changing the land use from semi-natural land or agricultural land into commercial land helps the company to establish the manufacturing plants.
The need of residential land is also increasing day by day, the population of our country is going up day by day and many peoples are shifting towards towns and metro cities like Delhi, Mumbai, Bangalore and many more cities to find jobs in this cities and for higher education.
So there is need of residential properties as these places are highly crowded and they don’t have that much infrastructure that they can adjust more peoples so we have to create more residential land, and for that, we have to change the land from agricultural to residential land.
Similarly, demand for commercial properties is also increasing so we have to do the same for this also.
And to meet the food requirements of the increasing population we have to convert semi-natural land into agricultural land, their need of a change of land use comes into existence as in India we have specified the use of land for every sector.
What is the fees of change of land use?
Fees for change of land use depends from state to state and district to district. districts which have high property prices.
The CLU is higher as compared to districts with low property prices. In India price per yard for change of land use for residential purpose can be from 30 rs per yard to 300 rs per yard, and for commercial it’s around 300 rs per yard to 800 rs per yard.
Process of change of land use
The general guidelines are mentioned below, a thing to note is that there is no specific uniform law for whole India, every state has its own rules with minor changes
Application
The first step for changing the land use is getting the approval from the revenue authority, that is Collector / SDO / Tehsildar.
An application has to be sent this authorities for change of land use explaining the purpose of conversion.
Application should include
- Copies of land records
- Records of right and tenancy certificate
- Original sale letter
- Latest property tax receipt
- Copies of land map issued by tehsil or taluk office
- Measurement plan of land survey from district inspector or land records
- Copies of site plan, site map and building plan
- Appointment letter of architect
- NOC no objection certificate from the respective authorities
- Certificate from patwari that the land which has applied for a change in land use is not under any kind of dispute and acquisition.
Fees
You have to pay a request fee dependig on the location, property type and its total area.
The fee paid is as per the rule of the land revenue department of the state.
Checking of the land by the competent authority
An enquiry will be conducted by the sub-divisional officer or sub-divisional collector to whom the application for CLU has been submitted to. This enquiry contains
- Land information from tehsil about the property on ownership, area, previous records and encumbrances.
- Site visit by the circle office to check the following things
- To see if the land is empty or occupied
- To check that there is no construction on the land
- Distance from high tension electrical lines
- Any disputes
- Verification from the land acquisition department, land revenue department, PCB, other departments and authority
Consultation from planning and development authority
This authority looks into the following things
- Master plan if it is within development control regulations
- Building buy laws
- Forest zone, heritage zone etc
- Any other types of objections
If there is any objection from planning and development authority, then you have to submit this is submit it to the Collector / Sub Divisional officer.
Grant of approval
Once all the authorities are satisfied that all the prescribed conditions have been met with. This approval can be granted subjected to some conditions mentioned below
- Applicant has paid all the applicable charges of change of land use
- Applicant is willing to follow all the conditions imposed by the competent authority and development authorities
- Land should not be used for any other purpose
Applicant should level the land and do the demarcation of land within 1 year from the date of CLU issued.
The applicant should also inform Tehsildar about the change in land use within 30 days from the date of order. Then the Tehsildar makes changes in records of land accordingly. Each state has its ACTS which deals with land conversion.
Conclusion
You can change the land use of any property. You have to pay some fees and have to submit the required documents to the required authority.
Your first step is to write an application to land revenue authority. Such as Collector / sub-divisional officer.
And you need to get approval from them and you have to mention the reason of change of land use and after the approval. You have to submit the site plan, measurement and building plans verified by an architect.
The property which is applying of change of land use should not have any loan on it. If previously any loan is going on that property then NOC and NDC should be provided.
The property should not be under any type of dispute.
FAQ
Yes, you have to pay the fee for change of land use. It depends from state to state in general the charges are 30 rs per yard to 300 rs per yard. In case of residential property and in terms of commercial property it ranges between 300 rs per yard to 900 rs per yard. You have to pay this fee after the approval from the land revenue department.
Yes, there are a lot of chances that your request can get rejected if your reason is not satisfying, or there are some issues related to the paper work of your property.
No, you can not apply for this as there is a rule that you cant apply for CLU if there is a loan going on the property. To apply for it you have to first pay off your loan and have to submit NOC and NDC no due certificate to the authorities.
No, you can not do construction, if you do so your request will be cancelled and you have to pay a big fine. Even after issuing the order of CLU, you can’t do construction for 1 year, in this time you can level the land and do demarcation only.
