Short answer
What is the difference between planning permission and a building permit? In the Model Building Bye-Laws 2016, planning permission is optional: an owner who so desires asks the authority to check their reading of the Development Code against the master plan. The building permit is required before anyone erects or alters a building. Layout approval is a third step for land not in an approved layout. These are model rules; your state's names and steps may differ.
On this page (9)
People search for “planning permission vs building permit” and get answers written for other countries and other cities. This page answers only from the Model Building Bye-Laws 2016, a model that applies only where a State or local authority has adopted it. It is not a description of your city’s process: many places call these steps by other names, merge them or split them differently, so the last section lists what to ask your authority. It gives no fee. For the full approval steps and documents, see building plan approval for a house: steps and documents.
What do the model bye-laws put in place?
Three separate things are easy to mix up:
| Step | What the model bye-laws say | Required? |
|---|---|---|
| Development permission (clause 2.8.1) | No one may carry out development or redevelopment, including sub-division, on a plot “not forming part of any approved layout plan or scheme” without approval from the Authority for the layout plan | Yes, for land not in an approved layout |
| Planning permission (clause 2.14.1(a)) | The owner, “if she/he so desires”, may apply for planning permission or norms with respect to the Master Plan or Development Plan | No, optional |
| Building permit (clause 2.8.2) | No one shall erect, re-erect or make additions or alterations in any building “without, first obtaining a separate building permit for each such building from the Authority” | Yes |
The definitions chapter has one generic entry, “Permission or Permit”: a valid written authorisation from the Authority to carry out development or a work regulated by the bye-laws. It does not define “planning permission” or give “building permit” a separate definition. The clause titled “Development Permission” (2.8.1) is about layout and sub-division approval, not planning permission. If you searched “development permit”, this is the clause that matches; see approved vs unapproved layout: what to check before you buy a plot.
What is planning permission?
Clause 2.14.1(a) is headed “Planning Permission/Norms with respect to the Provisions of Master Plan/ Development Plan”. The owner, through a competent professional, may apply in the format of Appendix C, submitting title documents, the Development Code or zoning regulations of the Master Plan, and the building bye-laws the owner intends to follow. The owner or professional indicates their “Development Code interpretation”, which may be supported by schematic drawings or sketches. The Authority verifies the title documents, scrutinises the interpretation, and accords planning permission “within 30 days of submission of the application”, while adding that the Authority may prescribe its own procedure. The Appendix C form asks for plot details, land use under the master plan, title and the proposals: coverage, FAR, height, number of floors, setbacks and parking.
The model bye-laws do not say planning permission is a condition of the building permit, do not give it a validity period or a fee, and do not say what follows if you skip it. We do not claim more than the clause says.
What is the building permit?
The building permit is the main approval. The person who intends to erect, re-erect or alter a building gives written notice to the Authority in the prescribed form, accompanied by plans and statements (clause 2.9.1), with information such as the location plan, site plan, building plan, specifications and ownership title (clause 2.9.3). The Authority “shall either sanction or refuse sanction”, or sanction with modifications (clause 2.14.2(a)). Clause 2.14.3 says that once sanctioned, the permit remains valid for three years for residential, industrial and commercial buildings (4 storeyed), four years for multi-storeyed buildings of 15 m and above, and two years for additions and alterations, and must be revalidated in the prescribed form before expiry, year to year. These are the model’s figures; the model also says revalidation is subject to the regulations in force for the area where construction has not started. The model’s deemed-sanction clause (2.14.2(d) and (e)) applies only in particular cases tied to approved layouts, and clause 2.14.2(e)(iii) makes the owner and the engaged professional fully responsible for any violation; this page does not describe it further.
How are they different in practice?
- What is checked: planning permission checks the owner’s reading of the Development Code against the master plan, on title documents and schematic drawings. The building permit sanctions the plans and specifications for construction.
- Who applies: the owner, for both. The planning application goes through a competent professional; the building notice is given by the person who intends to build, with plans signed as clause 2.11.1 requires.
- Order: the model bye-laws do not make planning permission a first step. Clause 2.9.4 lists a no-objection certificate on land use “if required” among the building permit documents.
- Outcome: neither removes the owner’s responsibility for following the bye-laws; clause 2.14.2(d) adds that deemed sanction does not authorise anything contrary to the lease, title or regulations.
What should I ask my authority? (practice)
This is practice, not from the model bye-laws.
- Does my authority have a separate planning or zoning approval before the building permit, or is the building permit the only approval? What is it called here?
- Is my plot in an approved layout, and is a land-use certificate or no-objection certificate asked at submission?
- Which master plan or zonal plan, and which version of the regulations, applies to my plot?
- Does my architect’s reading of the Development Code match the authority’s?
- How long does the permit stay valid and how is it revalidated? Get the answer in writing.
- Is there an online system, and which documents does it ask for?
What mistakes should I avoid? (practice)
- Assuming the model bye-laws are your city’s rules.
- Treating planning permission, if your place has it, as the permit to build.
- Starting work before you have the building permit.
- Copying another city’s process or timeline.
- Forgetting to revalidate a permit before it expires.
Frequently asked questions
Is planning permission compulsory?
In the Model Building Bye-Laws 2016, no: the owner may apply “if she/he so desires”. Your state may differ.
Which comes first, planning permission or building permit?
The model bye-laws do not say planning permission must come first. Ask your authority.
Is development permission the same as planning permission?
Not in the model: clause 2.8.1 “Development Permission” is layout and sub-division approval.
How long does a building permit last?
The model gives three years for residential, industrial and commercial buildings (4 storeyed), four years for multi-storeyed buildings of 15 m and above, and two years for additions and alterations, with year-to-year revalidation. Your authority sets its own period.
Do I need both for a house on a plot in an approved layout?
The model bye-laws do not say. Ask your authority which approvals apply.
Related guides
- Building plan approval for a house: steps and documents
- Approved vs unapproved layout: what to check before you buy a plot
- Commencement certificate for a house: what it is and the plinth check
This guide is general information. Read the disclaimer. Ask your local authority which approvals apply to your plot.
Sources
General information only. It is not a structural design or professional advice. Ask a licensed structural engineer or architect to check your plans and site.