A No Objection Certificate (NOC) is one of the most crucial legal requisites for the sale and purchase of a property. A NOC is made with objective of certifying that the building does not violate the terms and conditions of the society, institution, etc. Builders are the primary class of people who seek NOCs in order to ensure uninhibited construction of their properties. For different types of properties, various No Objection Certificates are to be obtained from different authorities.

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What is the list of all possible NOCs?

A No Objection Certificate (NOC), is an important document in the process of acquiring possession of property. Depending upon the type of property and the transactions that are done, there are different types of NOCs that have to be obtained. Following are the different types of NOCs that are mandatory in the process of property transactions in India –

  • NOC from society/builder –

NOCs from society/builders (where societies are not formed) should be obtained by unit buyer in order to ensure that there is no payment pending from the end of the seller.

  • NOC from mortgagee –

If a bank has a mortgage over the property in question, then it is important to obtain their NOC. This prevents financial institutions and banks from posing a challenge to the purchase of the property over which they hold a mortgage.

  • NOC from a collector –

Under Maharashtra Land Revenue Code, 1966 acquiring permission of the Collector is a prerequisite for property transaction over the land falling under his jurisdiction.

  • NOC from Charity Commissioner –

In cases of land belonging to charitable trusts, prior permission is required in lieu of state laws for some states, which mandate the appropriate authorities to grant their permission before any transaction takes place. For instance, in Maharashtra, under Section 36 of the Maharashtra Public Trusts Act, 1950 prior permission of Charity Commissioner is required for transfer of long-term lease of immovable property belonging to a charitable trust.

  • NOC under RERA –

Under Section 15 of the RERA, 2/3rd allottees must grant their consent for transfer/assignment of rights and liabilities in the project to a third party. Thereafter, consent of the Real Estate Regulatory Authority is essential in the process.

Is the builder’s No Objection Certificate required to avail of a home loan?

Each and every property buyer must obtain a NOC from the Building Owner’s Association in order to get their consent for the transfer of title to the property concerned.

Builder NOCs should be obtained by the unit buyer to ensure that all the dues of the society by the seller is paid off and that there is no mortgage over the unit. The builder NOC also acts as an assurance that the society will not reject the new owner as a member of society. For purchases made using loaned money, obtained from a bank or financial institution, the builder NOC is also required by such banks or financial institutions to ensure that the society does not allow the transfer of the unit/correspond.

Procuring a (NOC) from the society that contains your apartment or the builder from whom you are purchasing the apartment is another mandatory requirement. Builder NOC is also a guarantee of the fact there are no dues pending on behalf of the seller. It also acts as documented proof that the respective society association will not refuse the buyer’s induction as a member of the association.

A No Objection Certificate is also required when a property transaction is carried out availing a loan from a bank or any other financial institution. Society will never agree to transfer title to the property in the absence of a NOC from the bank providing the loan for the purchase.

How to get a builder’s No Objection Certificate for availing of a home loan balance transfer?

In order to pursue home loan balance transfer, it is imperative that the society also provide a NOC, if the property has been purchased using Home Loan facilities. This no objection certificate is required to ascertain that there are no dues pending towards the society. For availing of home loan balance transfer, the following are the prerequisites to obtain a NOC:

  • Usually, the lender provides a format in which the No Objection Certificate is supposed to be drafted, such format must be followed in order to validate the certificate.
  • All dues must be paid prior to seeking a NOC from the society, otherwise, the request will be denied by the society in lieu of ‘dues pending’.
  • Usually, if a NOC is required by the society, the same will be mentioned in its by-laws, in the absence of which, the requirement to obtain a NOC fades away.
  • Apply for the NOC with the society in the prescribed format and pay any charges if mandated in the by-laws.
  • If the society will present its objections, if any, in writing and the buyer must answer the same categorically.
  • Society cannot deny giving you the NOC if there are no dues outstanding from your side.
  • The No Objection Certificate is usually issued within a few days. If no objections have been raised against the issue of NOC, yet it doesn’t arrive within 30 days, then it is assumed that the NOC has been provided.
  • It might be possible that society is not willing to issue the NOC in the format prescribed by the lender. In such a situation the lender may be requested to conform to the format provided by the society. To avail a bank loan it is important that you get all your necessary documents in place even before proceeding with the availing process. Preparing in advance saves a lot of time, effort, and the possibility of future obstacles arising.

How can I get a NOC from the bank for a home loan?

With reference to loans, a No Objection Certificate is a legal document provided by the lender, which states that the loan has been completed and there is no outstanding debt to be obtained from either end. It is essential to obtain a NOC as soon as the loan is paid off.

Failing to obtain a No Objection Certificate after payment of outstanding loans affects the credit score of the person taking the loan. With CIBIL in place, lenders often look at the credit score of a person before issuing a new future loan.

And if the closure of a past loan has not been updated on CIBIL (due to failure of the person’s past lender to submit information to CIBIL), it will lead to the detriment of a person’s credit score which would affect the possibility of obtaining loans in the future. In such a case, the No Objection Certificate emerges as the sole savior as the certificate is the only remaining proof of the fact that the loan has indeed been paid off.

The following steps are to be followed in order to obtain a No Objection Certificatefrom the bank –

  • After the payment of all outstanding loans, a letter is to be sent to the lender in order to obtain all original documents, invoice copies and the No Objection Certificate. Usually, the documents and the NOC are returned within a few working days.
  • If a person has taken a loan from an NBFC, the process becomes much more simplified as they simply need to login to the online portal and download the No Objection Certificate. A copy of the same can also be sent to the registered email address at the pursuance of the requester.
  • The same procedure is followed for loans on the unregistered real estate property. However, in instances of registered properties, the person and a representative from the financial institution would have to get the lien removed at the Registrar of Properties’ in order to obtain the No Objection Certificate.

Conclusion

If a person has taken a home loan, there is a requirement of obtaining a NOC at the time of closure of the loan amount. Obtaining a NOC protects the borrower legally. In the situation that the third-party claims that the money was not paid duly, the production of the NOC will help to clear the confusion. Generally, the NOC is dispatched at the registered address of the borrower once the loan amount has been repaid, in full.