Land conversion is the process of changing agricultural land for non-agricultural use. Any land that has been classified as agricultural by the government would require conversion before it can be used for any other purpose, and especially to be built upon. The same process is also known as DC Conversion owing to the fact that it is usually the Deputy Commissioner who is responsible for granting the permission.
The process of land conversion falls under the purview of the State Government and hence varies from state to state. The Karnataka Government has made this process available online through the Bhoomi Portal. The landowners can apply for the conversion online by providing the required documents and paying the fees on the Bhoomi Portal launched by the State Government.
In addition to the above-mentioned documents, the concerned architect’s appointment letter and registration along with the layout, site plan and building plan certified by the architect may also be demanded. Further, based on the proposed land use, respective departments would be required to provide NOCs.
The process can be carried out both offline and online. Outlined below is the process to adhere to the online format.
For tenanted lands, the application form to be filled is Form 1, whereas, for patta lands, Form 21 is required.
The acceptance of the application depends on all the required conditions to be met and the absence of any outstanding dues or litigations concerning the land parcel.
It is important to note that the land conversion takes place with a particular purpose or predefined use, such as commercial, residential or industrial, which cannot be changed once the conversion has taken place.
Further, the land conversion certificate is issued for a specific time period, and in case the construction in the said land parcel does not commence within the mentioned time span indicated via a demarcation or land leveling, the land conversion certificate stands withdrawn.
Ensuring that land conversion has taken place before any construction begins is vital, as any issues at a later stage may result in demolition and penalties for the landowner. The same might also make it difficult to procure the necessary building licenses and permissions.
- Varies with exact location, plot size, etc.
- Concerned Department: Revenue Department – Commissioner of Land Revenue Department/Collecter or SDO or Tehsildar of the Revenue Authority
- Related Act: Karnataka Land Revenue Act 1966 Section 95
- Online Web Portal: Land Records (Revenue Department Services) – https://landrecords.karnataka.gov.in/
Change in Land Use
On the other hand, change in land use is the process of changing the assigned use of the land parcel. The Development Plans, as well as the Local Area Plans, will prescribe certain uses for a land parcel. In order to utilize the land parcel for other use cases, the land use would need to be changed.
The documents required include applicant details, land details, boundary details, land use as per the proposed master plan and proposed change, details of the approach road, developed or undeveloped layout, topography details, existing features, mentioning if a change in land use is proposed for a public interest, etc.
It is important to note that the proposal for change in land use can only be made by the landowner or the person authorized on behalf of the landowner through registered General Power of Attorney or Joint Development Authority.
Even if the land remains with the owner, without any sale taking place, if the usage of the land is changed, a change in land use certificate is mandatory. The inability to produce the certificate in case of any discrepancy might attract heavy penalties.
- Scrutiny Fees at the rate of Rs. 1 sqm of the land parcel
- Newspaper publication charges as applicable
- Betterment Levy as applicable
- Probable Timeline: 120 days
- Concerned Department: State Government through BMRDA by the Planning Authority
- Related Act: Karnataka Town and Country Planning Act, 1961 Section 14(A)
Land buyers as well as landowners need to be acquainted with these regulations and ensure that the concerned land parcel possesses the required permissions before they purchase the land or construct over it.
Earthfields provides clients with a consolidated interface that allows them to check multiple characteristics related to the land parcel at the same time, including the physical characteristics, surroundings, and availability of legal documents. This ensures transparency in transactions and saves the stakeholders from any future discrepancies that may have risen due to a lack of awareness. The landowners can ensure the availability of all documents before they apply for land conversion or change in land use, and recheck them before they choose to sell the land or build upon it.
Prospective land buyers can refer to the same documents to ensure that the land being purchased has all the required permissions.
Disclaimer: This article provides a general understanding about land use and land conversion. The specific documents required for each project may vary according to the context of those specific projects and might keep changing with changes in regulations. Hence, complete knowledge and discretion is advised before making any decisions.