The Consent to Establish (CTE), also called the NOC to establish, is the first statutory clearance any new or expanding industry needs from its State Pollution Control Board before construction, land development or equipment installation begins. We categorise your unit correctly, build the technical file and handle the OCMMS filing and follow-up through to grant.
Legal basis: Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981
Who needs it
- New manufacturing units in the Red, Orange or Green category before any construction starts
- Existing units planning expansion, modernisation or a change in products or production capacity
- Hospitals, hotels, large residential and commercial building projects above state-notified thresholds
- Infrastructure such as STPs, CETPs, DG-set installations and bulk storage terminals
- Pharma, chemical and food processing units relocating to a new site or industrial estate
- Any unit that will discharge effluent, emit to air or generate hazardous waste
Common in:Manufacturing & Industrial UnitsPharma & ChemicalsHospitals & HealthcareReal Estate & Infrastructure
Documents required
- 1Detailed project report with process description, product list and installed capacity
- 2Site plan and plant layout showing stacks, ETP/STP, hazardous waste storage and green belt
- 3Land documents — sale deed, lease deed or industrial estate allotment letter — and land-use / zoning certificate
- 4Process flow diagram with material and water balance
- 5Details of proposed air pollution control devices and effluent treatment scheme
- 6Chartered Accountant certificate of proposed capital investment (land, building, plant and machinery) for fee computation
- 7Constitution documents — Certificate of Incorporation / Partnership Deed / MoA and AoA
- 8Udyam (MSME) registration, PAN and GST certificates
- 9Environmental Clearance, if the project is covered under the EIA Notification, 2006
- 10Board resolution or authorisation letter naming the authorised signatory
Missing something? We help you obtain or regularise supporting documents before filing.
How we get it done
- 1
Categorisation and fee working
Day 1–2We confirm your Red / Orange / Green / White category under the CPCB classification, compute the consent fee from your capital investment and check whether an Environmental Clearance or other pre-condition applies.
- 2
Technical file preparation
Day 3–7We draft the process description, water and material balance, pollution load estimates and the proposed treatment and control scheme in the format your SPCB expects.
- 3
Online filing on the state portal
Day 8–10The application is filed on the state OCMMS or equivalent online consent portal with all annexures, and the statutory fee is paid.
- 4
Query response and site inspection
Day 11–40We answer technical queries raised by the Regional Office and coordinate the site visit, if one is scheduled, so the inspecting officer gets a clean file.
- 5
Grant and condition review
Day 40–60Once the CTE is issued we review every condition with you so that the design of your ETP, stacks and storage areas matches what the Board has approved.
If you don’t comply
Establishing an industry without CTE is a violation of Section 25/26 of the Water Act and Section 21 of the Air Act. After the Jan Vishwas (Amendment of Provisions) Act, 2023 and the Water (Prevention and Control of Pollution) Amendment Act, 2024, this attracts monetary penalties of ₹10,000 up to ₹15 lakh with additional daily penalties for continuing contravention, alongside closure or power and water disconnection directions under Section 33A / 31A and Environmental Compensation levied by the SPCB.
Why MYDA Group
Specialists, not generalists
Environmental compliance is our only practice, so your file is handled by people who do this every day.
Fixed fee, written scope
You know the professional fee and the statutory fees before we start. No surprise add-ons.
Inspection and audit-ready
We prepare your site and team for the board visit or certification audit and attend it with you.
Lifetime reminders
Every condition, return and renewal goes into your compliance calendar with alerts.
Frequently asked questions
What is the difference between Consent to Establish and Consent to Operate?
CTE is permission to set up — it must be obtained before you start construction or install machinery. CTO is permission to run — it is applied for once the unit is built and pollution control systems are in place. You cannot apply for CTO without a valid CTE, so timing matters.
How is the CTE fee calculated?
Most SPCBs charge a slab-based fee linked to the gross capital investment in land, building, plant and machinery, with higher slabs for Red category units. A Chartered Accountant's certificate of investment is therefore a core document, and we help you declare it correctly so the fee is neither over- nor under-paid.
How long does an SPCB take to issue a CTE?
Most states commit to 30 to 120 days under their citizen charter or ease-of-doing-business reforms, with Green category applications moving fastest. Delays almost always come from incomplete technical files or unanswered queries, which is exactly what we manage for you.
Does a White category unit need a CTE?
No. Units in the White category (for example assembly of certain electronic items, or cotton and woollen hosiery without dyeing) are exempt from the consent mechanism and only need to intimate the SPCB. We will confirm your category before you spend money on a full application.
Can the CTE be transferred if the company name or ownership changes?
Yes, most Boards allow a change of name or transfer of consent on application with the amended constitution documents and an undertaking. Any change in process, capacity or location, however, needs a fresh or amended CTE.