Short answer: Not simply by buying it. Agricultural land must be declared for non-agricultural use under Section 80 of the Uttar Pradesh Revenue Code, 2006, and the planning or industrial authority must permit the use. Since 8 April 2026, in notified areas of development and industrial authorities, an approved building or layout plan is deemed to be the Section 80 declaration, to be recorded within fifteen days without a fee.
What Section 80 does
Section 80 deals with a bhumidhar with transferable rights who uses a holding for a purpose not connected with agriculture. A declaration under Section 80(2) is entered in the revenue records, after which the land is treated as non-agricultural for revenue purposes. Lenders and buyers have long asked for this declaration before funding or buying land for construction.
The 2026 change
The State first made the change by ordinance (reported on 23 March 2026) and then through the Uttar Pradesh Revenue Code (Amendment) Bill, 2026, which repeals UP Ordinances 6 and 14 of 2026 and is deemed to have come into force on 8 April 2026. A new proviso to Section 80(8) says that where a building permission, development permission or layout plan approval has been granted in the notified area of a development authority, industrial development authority, regulated area, special area development authority or the UP Housing and Development Board, that grant is deemed to be a declaration under Section 80(2).
After a prescribed inquiry, the entry must be recorded in the revenue records within fifteen days, and no fee is charged for the declaration. Outside those areas, the ordinary Section 80 application continues.
Planning permission is still the real test
The amendment does not alter master plans. In cities under development authorities, the State’s land-use conversion charge rules were amended in September 2026; reported rates include 25% of circle rate for agricultural to residential (down from 50%) and 15% for agricultural to industrial (down from 20%), with fixed timelines for scrutiny and objections.
In Noida, Greater Noida and YEIDA areas, Section 9 of the Uttar Pradesh Industrial Area Development Act, 1976 bars building in contravention of the Authority’s regulations. GNIDA registered FIRs against 18 developers for unapproved housing on agricultural land in Tusyana village, and the Allahabad High Court has upheld YEIDA action against an unapproved subdivided plot in Dankaur.
Related questions
Does a Section 80 declaration make land buildable?
No. It changes the revenue character of the land. Construction still needs the use to be permitted under the master plan and a building or layout approval from the competent authority.
Is a fee payable for the deemed declaration?
The 2026 amendment says no fee is to be charged for a declaration deemed from a building, development or layout approval in the covered areas.
Do the reduced conversion charges apply in Noida and Greater Noida?
The September 2026 rules apply to development authorities under urban planning law. Noida, GNIDA and YEIDA are industrial development authorities with their own regulations, so check their rules separately.
Can I buy farmland in a notified area and sell plots?
Plotting without the Authority’s layout approval risks demolition and criminal complaints against the colonisers, and buyers of such plots may lose their money.
Practical points
- Confirm the master plan land use for the khasra before agreeing a price.
- Where an approval exists, ask the tehsil to record the deemed declaration within fifteen days and keep the entry.
- Check both the planning approval and the revenue entry during due diligence.
- Budget for conversion charges where the land lies under a development authority.
- Avoid unapproved colonies inside Authority notified areas.
Sources: UP Revenue Code (Amendment) Bill, 2026 (PRS); Free Press Journal, 23 Mar 2026; Indian Masterminds, 1 Oct 2026; The Realty Today, Dec 2024.
For a confidential discussion on land-use and revenue record checks, see Due Diligence Services.
General legal information only; not legal advice or solicitation.
