If you are not one of the people who prefer to move into readymade apartments in societies, but rather build your vision on a plot of land you can call your home, you must first confirm that the land is clear from any legal issues. In a vast agricultural country like India for example, you must confirm that the land is clear to build a home on, and is not agricultural land.
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This is because as per the law, you cannot build a residence or commercial building on land if it has not gone through the agricultural to residential/commercial land conversion. The law doesn’t permit to build anything on fertile land as it can be only used for agricultural uses and nothing else, or else will be considered illegal. Given that agriculture is one of the largest employed industries in India with it being the primary source of livelihood for ~58% of the nation’s population, agricultural land must go through conversion and approval under the law to be scot-free. Furthermore, the approval process must also yield that the plot is located in a place fit and habitable for human living. The process is formally referred to as ‘land-use conversion’ If you are wondering about how to convert agricultural land to residential land, worry not. This blog has you covered!
Laws Governing Agricultural Land to Residential Land Conversion
If you are looking at converting agricultural land to residential, you must understand the laws for each state can vary in some form or the other. Depending on the state you want the plot in, you must approach either the planning authority or the district revenue department. Given that land is a subject in which the state is vested in, the laws regarding the land conversion are formulated by the state itself and applied in complete force across the state. If you are looking at converting a number of tracts of agricultural land, you may have to approach the authority higher than the revenue department or the planning authority.
Unless you have the permission to use agricultural land for commercial or residential use, using it for such purposes other than agriculture is punishable under the state laws. As per the Delhi Land Reforms Act, 1954 for example, using agricultural land for purposes that are non-agricultural without any permission can amount to imprisonment of up to three years or invoke a fine of up to INR 10 lakhs. As part of the land conversion process, owners must pay a conversion charge to the governing authority. In Rajasthan districts for instance, the permission granting authority could be the tehsildar. Whereas the developers looking to create housing projects must get approval from the sub-divisional officer in Bihar. The same goes for any land conversion from agricultural to residential in Karnataka. While it is the commissioner of the land revenue department that grants the approvals for land conversion from agricultural to residential in Karnataka, in Punjab and Haryana, it is the town planning department that has the responsibility of granting such approvals. The conversion of agricultural land to residential in Uttarakhand, similarly, is moderated by the Uttarakhand Zamindari Abolition and Land Reforms Act (ZALR Act). In Delhi, it is the DDA or the Delhi Development Authority that gives permits on land conversion.
What is the Process of Conversion of Land?
Land conversion refers to the process of changing the use of land from one category to another. For example, converting agricultural land to residential, commercial, or industrial land. In India, land conversion is a complex process that involves several stages and legal formalities. Here’s a breakdown of the process:
- Application for Conversion: The first step is to apply for conversion of land. This can be done at the local revenue department or the urban development authority. The application should contain details of the land, its present use, and the proposed use after conversion.
- Verification: Once the application is submitted, the authorities will verify the details and conduct a site inspection to assess the land’s suitability for the proposed use.
- Clearance from Departments: After verification, the application is forwarded to various departments for clearance. This includes the town planning department, environmental department, and revenue department.
- Public Notice: A public notice is issued to invite objections and suggestions from the public. The notice is published in local newspapers and displayed at the site.
- Decision: Based on the objections and suggestions received, the authorities will make a decision on the conversion application. If approved, a conversion order will be issued.
- Payment of Fees: The landowner will have to pay a conversion fee, which varies depending on the location, size of the land, and the proposed use.
- Mutation: Finally, the landowner will have to apply for mutation, which is the process of updating the land records with the new use category.
How Long Does it Take to Convert Land in India?
The time required for land conversion varies depending on the location and the type of land. However, the process usually takes several months to a year. Here are some factors that can affect the time required:
- Number of Clearances: The more departments involved in the clearance process, the longer it can take to obtain the necessary approvals.
- Public Objections: If there are objections from the public, the authorities will have to address them before making a decision. This can delay the process.
- Location: The time required for conversion can vary depending on the location. In some areas, the process may be faster due to streamlined procedures, while in others, it may take longer due to bureaucratic delays.
- Size of Land: The time required for conversion also depends on the size of the land. Larger plots may require more documentation and clearance from multiple departments, which can take longer.
At NoBroker, we understand that land conversion can be a complex and time-consuming process. That’s why we offer legal services to help you navigate through the process with ease. Our team of experts can assist you with the application, verification, clearance, and mutation processes. We also provide guidance on the cost of converting agricultural land to NA in Maharashtra, minimum land required for NA in Maharashtra, and how to convert agricultural land to residential land in Tamil Nadu and Karnataka. Contact us today for all your land conversion needs.
Documents For Agricultural Land to Residential Conversion
Despite the varied governing authorities depending on the state, you are in, it is an important step to know the documents needed for the land’s conversion from agricultural to residential. Regardless of the few additional documents needed for states that are different, the required vital ones along with the land conversion application include:
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- An identity proof of the owner
- A duplicate copy of the sale deed
- A duplicate copy of the partition deed (in case the land is an inheritance)
- The RTC or the Record of Rights, Tenancy and Crops
- Documents on the mutation status of the land
- Nil-encumbrance certificate
- The survey maps
- A 7/12 extract establishing the ownership of the land (similar to the Record of Rights)
- A NOC or a No Objection Certificate from the local municipal council or the gram panchayat
- Receipt of the payment for land revenue
For ease of the process, you can apply for land conversion online in several Indian states on their official portals. If you are in West Bengal, you can visit banglarbhumi.gov.in, while in Karnataka, you can visit the landrecords.karnataka.gov.in website or the Bhoomi portal for online land conversion. Similarly, if you are wondering how to check land conversion status in Telangana, the Andhra Pradesh government introduced the online land conversion through the Dharani portal in October 2020.
You can also check the status of the land conversion on such websites, as well as have your land conversion certificate downloaded for records. In case you are missing any of these vital documents, don’t stress, as you can easily obtain some of that information from the revenue department or town planning authorities, who keep a record of such papers. After the collector receives the application, it may take anywhere between 3 to 6 months that you will get a government-issued conversion certificate, given that the authenticity of any claims mentioned by you must be verified and established through the ownership document trails.
Remember that you must also pay nominal agricultural land to residential land conversion fees, based on the area of the land and the percentage of the collector rate in the state you are in. Let us understand how the charges for land-use conversions work.
Fees Needed to Convert Agricultural Land to Residential
It is obligatory to pay a one-time conversion charge which can vary from state to state. In Rajasthan for example, you need to pay INR 1 per square metre of a land area spanning 2,000 square metres, with the land situated in a village where the population is >5,000. If the area is more than 2,000 square metres, the fee in the same populated village becomes INR 4 per square metre. If the population is more than 5,000 people, the fee becomes INR 2 per square metre for a land area spread over 2,000 square metres. If you are looking to convert agricultural land to residential in Maharashtra, you need to pay 50% of the total price of the land, which is calculated through the ready reckoner rates or RR rates. In Haryana, the same rate of fees is INR 10 per square metre, while in Bihar, you need to pay 10% of the property value as a conversion charge. In costly metropolitans like Delhi on the other hand, the conversion charge may vary anywhere from INR 14,000 to 25,000 per square metre as well as an additional FAR charge or Floor Area Ratio charge may be incurred, varying anywhere from INR 3,000 to 8,000 per square metre in several industrial areas.
Simplify Your Land Conversion Process with Top-Starred Real-Estate Legal Help
If you are buying a piece of land in a certain zone within any state, it is advisable to conduct thorough background research and ensure that it is clear for agricultural to residential land conversion and has an authentic land conversion certificate. Your dream home, after all, must not come with unnecessary legal and financial issues that you may end up living with for a long time. When it comes to legal issues and paperwork, you need to be extremely careful, even the slightest mistake could mean a huge loss. The best way to avoid such mistakes is to get a team of professionals to assist you. At NoBroker, our experts will guide you and ensure your paperwork is perfect.
Click the link below to know more about NoBroker Legal services. You can even drop us a comment below with any questions and we will be happy to help!
FAQ‘s
Q1. What is land conversion?
Ans. In India, it is not legal to use fertile agricultural land for residential or commercial purposes and therefore must go through a land conversion or land-use conversion process so as to not incur penalties by the government.
Q2. How to convert agricultural land to residential land?
Ans. The authorities governing the conversion of agricultural land to a residential one is typically the state government, however, depending on the state and region you are in, you may need to seek approval from the planning authority or the district revenue department.
Q3. Can I apply for land conversion online?
Ans. Yes, more and more states are adopting an online-only process through their official state government websites including the Bhoomi portal in Karnataka and the Dharani portal in Andhra Pradesh.
Q4. How to check land conversion status?
Ans. Given it takes between 3-6 months for the approval process to go through, you can check the status of the land conversion through the official state government portals or visit the planning authority or district revenue department.
Q5. How to get a land conversion certificate online?
Ans. In addition to filling and submitting the land conversion application for approval, you must also be ready with several vital documents including the identity proof of the owner, a copy of the sale deed /partition deed, RTC, NOC from the local municipal/gram panchayat and more. Once the approval goes through, you can view and download the land conversion certificate online for future use.
