Primary law, Tamil Nadu land law
Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Amendment Rules, 2018
The Ministry of Civil Aviation, through draft notification G.S.R. 365(E) dated 12 April 2018, proposed amendments to the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015. The draft changes the validity and renewal of height no objection certificates, technical assessment standards, measurement accuracy requirements and protected areas around aviation communication, navigation and surveillance facilities.
What the draft governs
The Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Amendment Rules, 2018 proposes changes to how the permissible height of buildings and other structures is assessed for aviation safety. The draft states that the amendments would take effect on the date of their final publication in the Official Gazette.
The proposed assessment is based on specified International Civil Aviation Organization documents, Directorate General of Civil Aviation guidelines and other relevant documents defining minimum heights for published or proposed instrument approach procedures.
Who may be affected
The proposed amendments may affect developers, landowners and professionals seeking a height no objection certificate for a building, mast, chimney, control tower or other structure. They are particularly relevant where land is near an airport, runway, aviation antenna, navigation facility, surveillance station or communication link.
For a Tamil Nadu property, the practical issue is whether a proposed structure falls within an area where aviation authorities assess or restrict height. The draft does not identify individual Tamil Nadu properties.
Key proposed changes
The Ministry of Civil Aviation draft includes the following provisions:
- A height no objection certificate would remain valid for eight years from its issue date.
- A single renewal of up to four years could be allowed without reassessment if construction has started, the request is made within six months after expiry, and the delay arose from circumstances beyond the developer's control.
- If a certificate is revised after review or appeal, its eight year validity would run from the revised certificate's issue date.
- Renewal would not be considered if construction did not start during the original validity period. The permissible height would then be determined again under the rules.
- Site elevation and the top elevation of structures or buildings would require accuracy of 0.5 metres above mean sea level. Positional accuracy would need to be within 3 metres.
- The Standing Advisory Committee on Radio Frequency Allocation would forward applications to the Airports Authority of India or defence authorities, as applicable. The Airports Authority of India would issue online certificates through the integrated systems.
- Protected land areas are revised for several aviation facilities, including microwave links, high frequency receivers, ground based augmentation systems, Indian National Reference Stations and Automatic Dependent Surveillance Broadcast facilities.
- The draft introduces an outer transitional surface with a slope of 1:7 between permissible heights of 150 metres and 300 metres.
Public consultation
The Ministry of Civil Aviation invited objections and suggestions supported by technical reasons. They were to be submitted within the stated thirty day consultation period to the Under Secretary, Government of India, B Block, Rajiv Gandhi Bhawan, New Delhi 110003, or to [email protected].
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Did these proposed amendments take effect on 12 April 2018?
The source describes them as draft rules published on 12 April 2018. It states that they would take effect on the date of final publication in the Official Gazette, but the source does not provide that final publication.
How long would a height no objection certificate remain valid?
The draft proposes validity for eight years from the issue date. One renewal of up to four years could be allowed without reassessment if the stated construction, timing and delay conditions are met.
Can I renew the certificate if construction has not started?
The draft says renewal would not be considered where construction did not begin during the original validity period. The building or structure height would have to be determined again under the rules.
Does the draft specify measurement accuracy for a proposed building?
Yes. It requires 0.5 metre accuracy above mean sea level for site elevation and the top elevation of structures or buildings, with positional accuracy within 3 metres.
