Application for Permission to Construct, Extend or Take into Use any Building as a Factory in Bihar
Statutory Architectural Plan Approvals, Form-XXII Electronic Filing, 30-Day Deemed Clearance & Structural Compliance Under Bihar OSH Rules, 2026
Industrial civil planning and plant construction in Bihar are strictly regulated under Chapter XII of the Occupational Safety, Health and Working Conditions (Bihar) Rules, 2026 (notified in Bihar Gazette No. 699, dated 1 July 2026, framed under the OSH Code, 2020). Under Rule 64(1) and Rule 64(2), no site can be used for the location of a factory, and no building can be constructed, reconstructed, extended, or taken into operational use as a factory, without prior written approval of the architectural and engineering plans by the Chief Inspector-cum-Facilitator of Factories, Labour Resources Department, Government of Bihar.
Statutory Triggers: When Is Prior Plan Approval Mandatory?
Prior building plan approval via Form-XXII is legally mandatory whenever an industrial enterprise undertakes any of the following civil or operational activities:
Greenfield Plant Construction
Constructing a brand-new factory building, PEB manufacturing shed, or process block on freehold industrial land, private leasehold premises, or BIADA industrial plots.
Brownfield Expansions & Extensions
Civil additions, vertical level enhancements, adding secondary manufacturing bays, installing mezzanine storage platforms, or expanding covered sheds beyond previously sanctioned layouts.
Taking Existing Building into Use
Converting an existing commercial warehouse, agricultural storage shed, or generic industrial civil structure into an active manufacturing facility using electrical power.
Heavy Machinery Reconfiguration
Structural adaptations, foundation engineering, and bay repositioning to house higher-tonnage hydraulic presses, smelting furnaces, overhead gantry cranes, or heavy vibrating equipment.
Hazardous Site Installation
Establishing premises for processes scheduled under Rule 67 and Schedule-IV (metal foundries, chemical synthesis, electroplating, stone/silica dressing, solvent extraction, acid wash lines).
30-Day Deemed Clearance
If the Chief Inspector-cum-Facilitator communicates no formal written objection, query, or rejection within 30 days of receiving a complete Form-XXII dossier, drawings stand deemed approved by law.
Technical Plan Specifications & Drafting Standards
Every blueprint must be drafted to metric scale by a registered architectural draughtsman or structural engineer and uploaded in certified CAD/vector PDF format:
Site Plan (1:500 or 1:1000)
Geographic Positioning
- Exact location showing survey/khesra numbers, plot boundaries, and official GPS coordinates (Latitude and Longitude).
- Immediate surroundings within a 200m radius: roads, public utilities, neighboring industrial plots, and high-tension electrical lines.
Layout, Elevations & Sections (1:100)
Vertical Clearances & Egress
- Plan elevations and cross-sections of every manufacturing shed, raw material storage, and administrative block.
- Detailed workroom heights, roofing profiles, overhead gantry crane paths, and minimum doorway widths for fire egress.
Ventilation & Lighting Profiles
Workplace Air Flow Standards
- Calculation sheets proving compliance with statutory floor-to-window area ratios (minimum 15% to 20% natural openable area).
- Mechanical exhaust systems and artificial humidification layouts where high-heat furnaces or dust emissions are generated.
Machinery Layout & Gangways
500 Cu. Ft. / Worker Minimum
- Precise placement of every machine, electric motor, transformer, boiler, and furnace.
- Clear gangway aisleways (minimum 1.5m to 2m) ensuring unhindered operator movement and emergency egress paths.
Environmental & Sanitation Infrastructure
ETP/STP Conduits & Welfare Facilities
- Design and capacity drawings for male/female latrines, urinals, washing stations, and clean drinking water points.
- Drainage channels, industrial trade effluent collection conduits, Effluent Treatment Plant (ETP/STP) positioning, and hazardous waste storage.
Step-by-Step Approval Protocol & 30-Day Deemed Sanction
Architectural Drafting
Prepare comprehensive drawings (Site, Elevation, Cross-Section, Machinery Layout, and Egress Plan) adhering to Rule 64(2). Draft the process flow chart and raw material mass-balance sheets.
Portal E-Filing of Form-XXII
Submit Form-XXII electronically on the Bihar Single Window Clearance System (SWCS) / Service Online portal. Upload structural blueprints, land records, and settle scrutiny fees via e-Treasury.
30-Day Deemed Sanction
The Inspector-cum-Facilitator reviews safety norms. Under Rule 64(2)(v), if no objection is issued within 30 days of submission, building plans are deemed approved by operation of law.
Stability Certification
Following civil completion, an on-site structural audit is conducted by an empaneled Competent Person chartered under Bihar Rule 2, who issues the statutory Structural Stability Certificate under Rule 64(3).
Transition to Licensing
With plans sanctioned and stability certified, apply for commercial operational licensing in Form-XXIII at least 15 days before starting production to obtain the 10-year Form-XXIV license.
Mandatory Document Checklist for Form-XXII
Keep the following technical, title, and corporate records verified before initiating the plan approval portal:
Land Title & Possession Records
- Registered Land Sale Deed, Registered Lease Agreement (minimum unexpired tenure), or BIADA Land Allotment Letter.
- Land Possession Certificate (LPC) or formal BIADA physical site handover memo confirming boundary dimensions.
Engineering Drawings (CAD & PDF)
- Site Plan showing immediate 200m surroundings, approach roads, and exact Latitude/Longitude coordinates.
- Detailed Floor Plans, Elevations, and Cross-Sections of all manufacturing sheds and storage areas.
- Machine Footprint & Installed Motor Layout Drawing with gangway dimensions and Fire Egress routes.
Process Flow & Safety Documentation
- Detailed technical write-up describing the manufacturing operations with a chemical/mechanical flow chart.
- Raw material mass-balance sheet detailing input volumes, intermediate conversions, and finished goods.
Corporate & In-Principle Consents
- Copy of application for Consent to Establish (CTE) submitted to the Bihar State Pollution Control Board (BSPCB).
- Corporate PAN Card, Certificate of Incorporation / Partnership Deed, and Board Resolution appointing the Occupier and Manager.
Interconnected Industrial Compliance Workflows
Architectural plan approval is the foundational gateway that connects with subsequent industrial lifecycle stages:
Commercial Operational Licensing
Once construction is completed per approved drawings, secure commercial authority via our Registration & Grant of License workflow under Form-XXIII.
Civil Modifications & Upgrades
If an active plant adds bays or alters walls, plans must be re-sanctioned via Form-XXII before updating licensed limits through our License Amendment workflow under Form-XXV.
Ownership Conveyance Due Diligence
When buying an existing factory, verify that all civil sheds possess prior Form-XXII sanctions before lodging an Application for Transfer under Form-XXVI.
Decommissioning Sanctioned Sheds
Demolishing structures or vacating an industrial plot requires formal statutory surrender via our Notice of Closure under Form-IV to extinguish liabilities.
Common Rejection Pitfalls & Engineering Discrepancies
Avoid administrative delays and show-cause inspection notices by eliminating common drafting errors:
Missing Geographic Coordinates
Failure to provide exact Latitude and Longitude markers for plot boundary corner points on the site plan causes portal holds.
Inadequate Gangway Aisleways
Designing machine layouts leaving aisleways narrower than regulatory norms (under 1.5m) restricts safe material movement and fails review.
Sub-Standard Ventilation Ratios
Failing to provide sufficient openable window/ventilator area (minimum 15% to 20% of floor space) triggers immediate technical rejection.
Deviation from Actual Build
Erecting structures that diverge from drawings approved under Form-XXII without submitting supplementary revisions halts the stability sign-off.
Frequently Asked Questions
Statutory clarifications on Bihar factory building plan approvals & Form-XXII procedures
No. Under Rule 64(1), no civil construction, plant reconstruction, or structural extension can begin until formal plan approval is issued or the statutory 30-day deemed approval timeline has passed without departmental objection.
Building plan approvals under Form-XXII remain valid for construction completion as per sanctioned drawings. If civil execution does not commence within the period specified in local urban planning or municipal bylaws, revalidation or supplementary submission may be required by the department.
Yes. While BIADA approves the civil land allotment, taking any building into use as a factory requires separate statutory vetting under Rule 64(1) by the Directorate of Factories to ensure worker health, ventilation, fire egress, and machine vibration safety.
Under Rule 68, establishments planning hazardous operations (Schedule-IV) or chemical handling (Schedule-II) must, in addition to Form-XXII, submit an application to the State Site Appraisal Committee in Form-XXVII detailing environmental impact, waste disposal, and on-site emergency disaster containment measures.
Ensure Zero-Defect Architectural & Engineering Factory Clearances
Eliminate red-tape delays, drafting queries, and civil construction stoppages. Consult our industrial engineering and compliance team for verified plan vetting and single-window clearances.
Submit Your Plan Approval Query
Provide your plant parameters below to receive our formal statutory architectural assessment.