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  • Category: Indian Law

    Law regarding building temporary structures on owned land


    Planning to build a temporary structure on land that you own? Know the laws that are applicable to your city for building temporary structures on the land that you possess.

    We have a non-agriculture land in Ahmedabad. Our area falls within the Ahmedabad Municipality limit. We have not received complete Land possession from the government as the Town planning is not complete. However, we do have a tax number for this land. Now we want to build a temporary shed to start a cafe. Construction will be without any cement usage or ground earthing.

    Is it legal to have a small shed? Any law that permits this? I have seen builders using this kind of shed for office and labour accomodation.
  • Answers

    5 Answers found.
  • No, it is not legal. Any construction which will last for more than 28 days and used for commercial purposes require planning permission. This construction will not be a temporary construction.

    When a huge project is going on with all approvals and permissions, there can be a temporary construction that can be used for executing the actual project. Such construction is called temporary construction. We see these temporary constructions in the areas where some huge civil projects are under implementation. These temporary constructions will be removed once the project is over.

    In your case, you have not taken any approval for a permanent project there and still, the land acquisition is not complete. You may use the shed for more than 28 days and hence you have to get the planning permission. You can contact the authorities of Municipality or Gram Panchyat in which your land is located.

    drrao
    always confident

  • Usually temporary constructions for temporary periods do not need a pucca pre-sanction. They should be in such a ways as to be removed easily at any time. However they should conform to the safety precautions and should not be objected by neighbours.

    Here as you are going to start a cafe, you have o take the licence or permission for running a cafe. The licence application may ask for details of the place of that . You can mention about the temporary shed in that.
    Even if no sanction is required, you may ask for permission for the temporary shed as a precaution. Anyway you may consult the concerned department in the town office and/or the local councillor or ward member.

  • Whatever construction you are taking up even in your own land, that needs approval from the local authorities. Even making a temporary shed in your land needs clearance from Ahmedabad Municipality. This is all the more important especially when you are to start a cafe to entertain customers. In that way, you are engaging in a business. Doing the same without any approval attracts punishment from the Municipality side.
    The best step is to inform your intention to the authority in writing and the relevant license is to be procured to run your business. You may mention in your application regarding the temporary erection of the same.
    Proceed for the erection once you get the approval so as to avoid legal complications.

  • I think you should take permission from concerned authority instead of going for any illegal temporary construction or you may visit following website for further details.


    Departments :: Ahmedabad Municipal Corporation
    https://ahmedabadcity.gov.in/portal/jsp/Static_pages/buildingPermission_dept.jsp

  • Normally approval for temporary construction is not granted but the town planning authority office or Municipal board whichever is controlling these things in that area can grant temporary construction under certain conditions and for that one has to apply in writing in details in the prescribed format which is different from state to state and the process and procedures also differ therein.

    So, if someone is having a piece of non agricultural land and one wants to use it temporarily for some purpose then the details of the shade, its size, and purpose are to be brought out and the reasons also mentioned as why a permanent facility is not being created instead. All these details are to be submitted to the office of the competent authority and one has to attach the proof of the owning of the land where one wants to create the temporary shed. This can be the agreement received from the town planning office or the sale deed with the earlier owner. Please note that any temporary facility constructed without prior approval of the authority can be demolished at any time and would be an embarrassing thing.

    The question of tax comes only when the approval for temporary facility is granted by the authority and then if one is making earnings from a business then whatever the existing taxes admissible are to be paid and one has to make necessary registrations for that. If turnover is high one has to incorporate GST in it.

    These things would change from state to state and in some states this would be totally banned while some states might give permission for erection of temporary sheds for the desired activity.

    Knowledge is power.


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