Gujarat govt mulls ‘permitted till prohibited’ policy
Ahmedabad: After plans to deregulate the non-agricultural (NA) zones in town planning areas, another major shift in real estate and urban development planning is on the anvil for Gujarat. The changes are likely in the form of reforms in land and construction approvals. Under Centre's recommendations, the state govt is considering adopting a demand-driven land use and ‘permitted until prohibited' principle for mixed use development and could change norms to allow construction while the said area's master plan is still being readied.After a recent high-level meeting in Gandhinagar with central govt officials on the recommendations — which are part of its Compliance Reduction and Deregulation Phase II document — a group of senior IAS officers, under the chairmanship of the chief secretary, are working on the reforms. The officers are from various departments, including revenue, urban development, environment and power among others.
"There is a proposal to have very few zones, in which all demand-driven development activities may be allowed subject to a very small ‘negative list' of that zone, keeping in view the spirit of ‘everything is permitted unless prohibited'. Within each zone (residential, commercial, industrial), a negative list of activities clearly specifying prohibited activities may be specified and, by default, all other activities shall be permitted. The same principle may be adopted to enable mixed-use building development as well. The state may consider amending the relevant building bylaws," said state govt sources."A typical master plan is for 20-25 years, and its preparation takes several years. It has been the practice to keep all activities and permissions in abeyance during the plan's preparation. The central govt has recommended that during this period, the state may come out with an interim or draft master plan in the shortest possible time (three months). Construction may be permitted based on this interim draft plan for all activities by default, instead of on a case-by-case basis. In case an interim master plan does not come into force within the specified period, construction activity may be permitted to continue as per the old master plan," said the sources.Credai-Gujarat president Tejas Joshi said, "It will improve ease of doing business, and ensure faster development. Gujarat is a state leading in reforms. If such reforms are implemented, national real estate companies will enter Gujarat. With preparations for the Commonwealth Games underway, these reforms will help in a big way."
"There is a proposal to have very few zones, in which all demand-driven development activities may be allowed subject to a very small ‘negative list' of that zone, keeping in view the spirit of ‘everything is permitted unless prohibited'. Within each zone (residential, commercial, industrial), a negative list of activities clearly specifying prohibited activities may be specified and, by default, all other activities shall be permitted. The same principle may be adopted to enable mixed-use building development as well. The state may consider amending the relevant building bylaws," said state govt sources."A typical master plan is for 20-25 years, and its preparation takes several years. It has been the practice to keep all activities and permissions in abeyance during the plan's preparation. The central govt has recommended that during this period, the state may come out with an interim or draft master plan in the shortest possible time (three months). Construction may be permitted based on this interim draft plan for all activities by default, instead of on a case-by-case basis. In case an interim master plan does not come into force within the specified period, construction activity may be permitted to continue as per the old master plan," said the sources.Credai-Gujarat president Tejas Joshi said, "It will improve ease of doing business, and ensure faster development. Gujarat is a state leading in reforms. If such reforms are implemented, national real estate companies will enter Gujarat. With preparations for the Commonwealth Games underway, these reforms will help in a big way."
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