Guidelines for NRIs (Purchase of property)
INFORMATION TO NRI’S (GOANS) WHO WISH/PLANNING TO ACQUIRE PROPERTY IN GOA
(a) If you intend to buy land;
Check ownership documents (I & XIV form, registered sale Deed, partition deed of inheritance etc.
Check/ask of nil encumbrance certificate issued within /less than 6 months.
Check land use of the property as per Regional Plan or Outline Development Plan as the case may be.
Ask for land use/zone certificate from Town and Country Planning Department , Government of Goa/Planning and Development authority of respective area in which said property is located.
Check whether the land has tenants or Mundcars. (Tenanted lands can not be used/developed for non Agricultural usage, as per the land use Act,1991.)
Check for any encroachments on the land.
- Check for Forest Conservation Act’s application to said land .
Check for whether the land is classified as “Rice” in property document such as I & XIV form. (Paddy fields are generally not permitted for development.
(b) If you are buying sub divided plots;
Check for approved sub division plan by Competent Authorities of Goa such as PDA, Town and Country Planning Department, Village Panchayat.
Check for Final NOC issued by Competent Authority. (There is a practice of issuing provisional NOC for sub division to allow the developer to carry out works like roads, gutter, water lines and electric lines and also obtain Conversion Sanad from Dy.Collector etc., and then submit for Final NOC for division.
Finally approved plots are ready for construction of houses/Bungalows).
Buy only Finally approved plots
Check for NOC for Sale plots to be procured by the seller from the PDAs. This is applicable to PDA areas only section 49 (6) of TCP Act which makes it mandatory to produce NOC for sale at the time of Registration of Sale Deeds/documents.
a) Buying Flat/House/Bungalows?
Check for approved plans from Competent Authorities like Town and country Planning Department, PDAS (If it is located in planning areas of Panaji, Margao, Mapuca, Mormugao and Ponda town areas), Village Panchayats, and Municipal Authorities.
Check for licence from village Panchayat/Municipal Council of the respective area in which the property is located. (If it is an old house/bungalow of more than 25 years, the above may not be insisted.)
Insist with the builder to give a set of all land related documents and full set of approved plans.
At the time of Final possession check for occupancy certificate from Village Panchayat/Municipal Council.
b) Constructing a House/Bungalow/any building
You need to make an application to local Village Panchayat or Municipal Council depending on location as the case may be.
The application shall be made in prescribed form (schedule-II).
The application shall be accompanied by ownership documents such as I & XIV form, Registered Sale deeds, Partition deed (registered). Building plans prepared by a registered Architect or Engineer, RCC drawings, survey plan approved sub division plan (if the plot is from a sub divided property), Sanad copy.
(Some areas/buildings of historical importance Socio-cultural importance are earmarked as “Conservation area/zones” and Preservation areas”. The details of such zones can be obtained from notified Outline Development Plans of Planning and Development Authorities. As per PDA (Development Plan) Regulations 1989/2000, applications for construction/development in Conservation zone/areas have to be referred to a designated Conservation Committee appointed by the Government by the TCP Department/PDAs after scrutiny of proposed as per regulations applicable to these zones depending on the areas/towns in which they are located.
If the land is located within 500 mts from High Tide Line from the sea or 100 mts from the river banks, the area is classified as “Coastal zone”. This coastal zone attracts CRZ regulations.
All approvals for any construction/development has to precede approval from “Goa Coastal Zone Management Authority” located at Saligao plateau, Bardez Taluka, Goa. It is advisable to check and confirm CRZ status of the land before buying any land and if it is a premises offered by any seller, you must check its approval status.)
(Currently there is a ban on any kind of developments in the CRZ areas due to a direction issued by the Hon’ble High Court of Bombay at Panaji. A survey is under way for determining the unauthorized developments in this zone).
c) Conversion Sanad from Dy.Collector/Addl.Collector.
Application to be made in prescribed form to Dy.Collector or Addl. Collector in triplicate.
Documents to be enclosed.
– Survey Plan.
– I & XIV form or ownership document
– Location and site plan of the area proposed for conversion.
(Cutting of any Hilly land or filling of low lying fields is an cognizable offence under Section 17-A of TCP Act. However, you can obtain an NOC before cutting any Hilly land or filling of low lying land from Chief Town Planner.)
Developing any sloppy land having slope of more than 25 % is prohibited in Goa.
200 mts from High Tide Line along the coast of Goa is totally prohibited.
Areas along rivers and creeks on both sides of the banks are covered under CRZ regulations up to 100 mts from the river bank or width of the river/ creak, at respective point, which ever is less.
Forest Conservation Act and Tree Act are applicable in Goa. Other than Government forest lands, even privately owned lands with certain density of forest trees are considered as “Private forests” which attracts F.C.A. (please consult Forest department for details).
“Farm house” is permitted in a holding up to a built up area of 5% of the holding is 4000 m2 (This is permitted even in orchard zones and Agricultural zones, except wet paddy fields).
For any further clarification/consultation/advice on any individual case/land/application, you may approach the Senior Town Planner of North Goa and South Goa at the address given below:
(1) Mr. S. T. Puttaraju,
Senior Town Planner,
South Goa District Office,
Ocia Complex, Margao
(O) 0832- 2705785,
0832 – 2734089 & Fax.
(2) Mr James Mathew,
Senior Town Planner,
North Goa District Office,
(O) 0832 – 2262444