CHAPTER II - Building Permit and Occupancy

4. Building permit - No person shall erect any building without obtaining a prior building permit thereof, from the Authority or an officer authorised by the Authority for this purpose. In the case of urgency, the Authority or the Officer authorised in this behalf may permit erection of a building pending the examination of the building plan.

5. Application for building permit-

  1. Every person who intends to erect building within the area shall give application in writing to the Chief Executive Officer in the form given in Appendix-l
  2. Such application shall be accompanied by plans and statements in triplicate. The plans may be of ferroprint, ammonia print, semi-dry or photographic prints of which at least one cloth mounted copy shall be retained in the Authority for record after issue of the building permit or a refusal therefore.
  3. Such application shall not be considered until the person giving the application has paid the fees mentioned in regulation no. 10. The receipt of such payment, duly attested by a Gazetted officer, shall be attached with the application.
  4. In case of objections, the fees so paid shall not be refunded to the applicant but the applicant shall be allowed to resubmit the plan without any additional fees after complying with all the objections within a period of one year from the date of receipt of the objection order.
  5. No application for building permit shall be necessary for the following alterations provided they do not violate any of the provisions regarding general building requirements, structural stability and fire safety requirements specified in these regulations:
    1. Providing or closing of a window, door or ventilator not opening towards other's property.
    2. Providing intercommunication doors.
    3. Construction of:
      1. Parapet walls between 1.05 m. to 1.2 m. height, and
      2. Boundary walls in accordance with these regulations
    4. Whitewashing and painting.
    5. Replacing fallen bricks, stones, pillars and beams, etc.
    6. Retiling and reterracing.
    7. Plastering and patch work.
    8. Flooring.
    9. Construction of chhajjas.
    10. Renewal of roof at the same height.
    11. Reconstruction of portions of building damaged by any natural calamity to the same extent as previously approved.
    12. Erection or re-erection of internal partitions.
  6. Notwithstanding anything contained above no building permit shall be necessary for carrying out building activity by any department of the Central or the State Government or any local Authority. The Authority is empowered in this behalf to inspect any work connected with services with the intent or purpose of repairing or renewing any sewers, mains, pipes, cables or other apparatus.
  7. The application of building permit shall be accompanied by the site-plan, building plans, services specifications and proof of title.
    (1)Site-plan shall be drawn to a scale as follows:

TABLE

Site area

Scale

Up to 0.1 hectare Not less than 1: 200
Up to 0.1 hectare-1 hectare Not less than 1: 500
More than 1 hectare Not less than 1: 1000

6

  1. Information accompanying application for building permit site-plan: The site-plan shall show-
    1. the boundaries of the site of land belonging to the applicant;
    2. the name of the street nearest to the site on which the building is proposed to be erected, if any;
    3. all existing building standing on, over or under the site;
    4. the position of the building which the applicant intends to erect upon his land referred to in sub-clause (a)in relation to
      1. all adjacent streets and buildings within a distance of fifteen meters of the site of such land;
      2. if there is no street within a distance of fifteen meters of the site, the nearest existing street;
    5. the means of access from the street to the proposed building;
    6. space to be left in and around the proposed building and details of projections on the open spaces;
    7. the width of the street in front or on any side or near the proposed building;
    8. scale used and the direction of north point relating to plan of proposed building;
    9. sewerage and drainage lines upto discharge point and water supply lines, telephone and electrical layout in case of Group Housing Pockets;
    10. any existing physical features in the land of total plot area;
    11. the total plot area and the break-up of covered areas on each floor with the calculations of percentage area covered on each floor in terms of the total area of the plot;
    12. parking plans indicating the parking spaces for all the buildings, except for individual residential buildings;
    13. plot number of the property on which the building is intended to be erected.
    1. Building Plan-The plan of the building, elevations and sections accompanying the application shall be drawn to a scale not less than 1:100-
      1. the plan shall include the floor plans of building floors together with the covered area clearly indicating the size and spacing of all framing members and sizes of rooms;
      2. the plan shall specify the use of all parts of the building;
      3. the plan shall show exact location of essential services such as water closet, sink, bath, water supply and drainage lines and the like;
      4. the plan shall include sectional drawing showing clearly the size of footings, walls, thickness of basement walls, if any, size and spacing of framing members, floor slabs, size and locations of doors, windows and other openings. The sections shall also indicate the height of the rooms and the parapet. At least one cross section shall be taken through the staircase;
      5. the plan shall show all street elevations;
      6. the plan shall include terrace plan indicating the drainage and the slope of the roof;
      7. the plan shall give details of parking spaces;
      8. the plan shall give indication of all doors, windows and other openings including ventilators with sizes in proper schedule forms;
      9. the plan shall give dimension of the permissible open space projections;
      10. the plan shall give indication of the North point in relation to the plan and scale used.
    2. Building plans for all types of multi- storeyed buildings-For multi-storeyed buildings which are more than 15 meters in height, the following additional information shall be indicated in the building plans in addition to those mentioned in clause (2) above  -
      1. access for fire appliances and vehicles and details of vehicular turning circle and clear motorable access way around the building;
      2. size (width) of main and alternate staircase along with balcony, corridors and ventilated lobby approach;
      3. location and details of lift enclosures;
      4. location and size of fire lift;
      5. smoke stop lobby doors, if provided;
      6. refuse area, refuse chutes, refuse chamber, service ducts, etc.
      7. air-conditioning system with position of dampers, mechanical ventilation system, electrical services, boilers, gas pipes or the like;
      8. details of exits including provision of ramps for hospitals and special lifts;
      9. location of generator, transformer and switch gear room;
      10. smoke exhauster system, if any;
      11. details of fire alarm system;
      12. location of centralised control, connecting all fire alarm system, built in fire protection arrangements and public address system;
      13. location and dimension of static water storage, tank and pump rooms;
      14. location and details of first aid fire fighting equipment and installations.
    3. Service Plans- Plans, elevation and sections of private water supply and sewage disposal system independent of the Municipal Services, if any.
    4. Specification- General specification giving type and grade of materials to be used in different parts of the building as given in appendix-8.
    5. Documents-
      1. Ownership documents; copies of allotment letter, possession certificate and dimension plan issued by the Authority.
      2. Certificate in the prescribed form given in appendix-2 for undertaking the supervision by the licensed technical person. Any change of the technical personnel during construction work shall be intimated to the Chief Executive Officer.
      3. Structural stability certificate from the Architect Structural Engineers as per appendix-12
      4. Application for drainage of premises as per appendix-9.
      5. N.B.O. Form as per appendix-10.
      6. Approval from the competent authority in case of hazardous buildings.
    6. Recommended notation for colouring of plans-The site and building plans shall be coloured as specified in the table given below where items of work are not identified, the colouring notation used shall be indexed:
Site-Plan Building Plan
Serial No. Item White Plan Blue Print Ammonia Print White Plan Blue Print Ammonia Print
1. Plot lines Thick Black Thick Black Thick Black Thick Black Thick Black Thick Black
2. Existing Street Green Green Green .. .. ..
3. Permissible building line Thick Dotted Black Thick Dotted Black Thick Dotted Black .. .. ..
4. Existing Work (Outline) Black White Blue Black White Blue
5. Work proposed to be demolished Yellow Hatched Yellow Hatched Yellow Hatched Yellow Hatched Yellow Hatched Yellow Hatched
6 Proposed:  Red filled in
. a)Additions and Alterations. Red   Red Red Red Red Red
b)Entirely new work not to be coloured
7. Drainage Red Dotted Red Dotted Red Dotted Red Dotted Red Dotted Red Dotted
8. Water Supply Black Dotted Thin Black Dotted Thin Black Dotted Thin Black Dotted Thin Black Dotted Thin Black Dotted Thin

7. Proposal for certain buildings permit to be scrutinised-Buildings permit for all buildings more than 15 meters in height and buildings with more than 100 sq. metres ground coverage shall be subjected to the scrutiny of a duly authorised officer of the Fire Service of the State of Uttar Pradesh.

8. Preparation and signing of Plans-All plans shall be prepared and signed by Architect, registered with Council of Architecture or signed by such technical personnel as may be licensed by the Authority.

9. Fee for building permit-Application for building permit will be considered after payment of building permit fees through challan, a photocopy of which is to be submitted alongwith the application.

10 . Building permit fee and calculation thereof-

  1. The scale of fees for building permit shall be as follows: (a) Residential buildings Rs. 1/- per sq. mtr. covered area on all floors. b) Mercantile or business buildings Rs. 10/- per sq.. mtr. covered area. (c) For all other type of buildings Rs. 5/- sq. mtr. of covered area.
  2. The fee for internal additions and alterations shall be 10 per cent of the original building permit fee paid for plan in question. In case original building permit fee paid is not known, fee for the whole building shall be calculated on area basis and 10 per cent of this shall be charged as plan submission fee. If apart from internal alteration, some additional area is proposed to be covered then the fee for such additional area shall be worked out on the area basis and shall separately be added in the above fee.
  3. If the use of the building is changed then the fee in case of additions and alterations of building, shall be calculated with reference to the use proposed.
  4. In case of re-erection of existing building after demolition, fees chargeable shall be the same as erection of new buildings.
  5. The fee for revised plan of a building which has already been sanctioned, shall be one fourth of the fee chargeable on the sanctioned plan, subject to the condition that the covered area of the building has not increased then in the original sanctioned plan.
  6. The area covered under the basement, as the case may be, shall be counted towards the covered area.
  7. The fee in case of buildings with principal and subsidiary occupancies, in which the fees leviable are different than the fees for the total building schemes shall be as per the rates for individual occupancies.
  8. The revalidation fee of a building permit shall be 10 per cent of the original building permit fee paid with the application, if the application is made within the period of validity (two years) of the building permit. In case the building is under construction as per the sanctioned plans and the application is made after two years from the date of sanction then the revalidation fee shall be original building permit fee.

11. Stacking Changes-Stacking charges shall be levied and paid before the issue of building permit as below:

  1. At the rate of Rs. 0.50 per sq. mtr. of plot area subject to the minimum of Rs. 50/- and maximum of Rs. 500.
  2. At the rate of Rs. 100 per flat in group housing pockets.

12. Withdrawal of application-The applicant may withdraw his application for a building permit at any time prior to the sanction and such withdrawal shall terminate all proceedings with respect to such applications but the fees paid shall in no case be refunded.

13. Sanction or refusal of building permit-

  1. The Officers authorised by the Authority shall verify or cause to be verified the facts given in the application for permit and Annexures, from technical, administrative and legal point of view. The title of land shall also be verified.
  2. The Officers so authorised may either sanction or refuse a building permit or may sanction it with such modification and communicate the decision to the applicant in the prescribed form given in Appendix-3.
  3. If within forty days of the receipt of the application, refusal or sanction is not granted, the application with its annexures shall be deemed to have been allowed and the permit sanctioned provided such fact is immediately brought to the notice of the Chief Executive Officer in writing by the applicant within twenty days after the expiry of the same period of forty days but nothing herein shall be construed to authorise any person to do anything in contravention of these regulations.
  4. In case of the refusal, the Officer authorised by the Authority shall give reasons and quote the relevant provisions of the regulations which the plan contravenes, as far as possible in the first instance itself and ensure that no new objections are raised when they are re-submitted after compliance of earlier objection.
  5. Once the plans have been scrutinised and objections, if any, have been pointed out, the applicant shall modify the plans to comply with the objections raised and re-submit them. lf the objections remain unremoved the permit shall be refused.

14. Appeal against refusal or sanction with modifications of a building permit-Any applicant aggrieved by an order of refusal of a building permit or its sanction with modifications may within thirty days from the date of communication of such order, appeal to the Chief Executive Officer. The decision of the Chief Executive Officer on such appeal shall be final, conclusive and binding.

15. Duration of validity of a building permit-A building permit sanctioned under these regulations shall remain valid for a period of two years from the date of sanction and during that period completion certificate has to be submitted and if this is not done no such building activity shall be carried on without getting the permit re-validated before the expiry of this period.

16. Notice for commencement of building work-The applicant to whom a permit has been sanctioned under these regulations shall give a notice to the Chief Executive Officer in the form given in Appendix-4 of the commencement of the building activity. If the Chief Executive Officer fails to get such inspection made within the said time, it shall be presumed that the Chief Executive Officer has no objection to the construction.

17. Work to be carried out in full accordance of Regulations-Neither the granting of the permit nor the approval of the drawings and specification, nor inspection made by the Authority during erection of the building shall in any way relieve the owner of such building from full responsibility for carrying out the work in accordance with the requirements of these regulations.

18. Additions or alterations during construction-lf any additions or alterations from the sanctioned plans are intended to be made, permission of the Chief Executive Officer shall be obtained before the proposed additions/alterations are carried out. It shall be incumbent upon the applicant to whom a building permit has been sanctioned to submit amended plans for such additions or alterations. The provisions relating to an application for permit shall also apply to such amended plans with modification that the time limit referred to in regulation 13 (iii) shall be three weeks.

19. Cancellation of permit for building activity-If at any time after the permit to proceed with any building activity has been sanctioned, the Chief Executive Officer is satisfied that such permit was sanctioned in consequence of any material misrepresentation or fraudulent statement contained in the application given or the information furnished, the Chief Executive Officer may cancel such permit and any work done there under, shall be deemed to have been done without permit.

20. Documents at site-where tests of any materials are made to ensure conformity with the requirements of the regulations, records of the test data shall be kept available for inspection. The following documents are to be kept at site during the construction of the building and for such a period thereafter as required by the Authority:

  1. A copy of building permit.
  2. Copy of approved drawings and specification.

2l. Inspection Of drains-

  1. Notice for covering up underground drain and sanitary work-The owner/applicant who has been granted building permit shall serve a notice in a form as given in the Appendix 13 duly signed by the licensed Architect/Engineer/Plumber, along with a fee of Rs. 10 for inspection of sewer work by the officer deputed by the authority at least 10 days prior to covering of underground drains and sanitary works.
  2. Notice of completion of drains, sanitary and water supply work-The owner/applicant who has been granted building permit shall serve a notice in the form given in Appcndix-14 duly signed by the licensed Architect/Engineer/Plumber along with a fee of Rs. 15 for inspection of such works by the officer deputed by the Authority.
  3. The site shall be inspected by the officer deputed by the Authority for approval/refusal of such work and shall be conveyed within 15 days from the date of such notice.

22. Notice of completion-Every owner shall have to submit a notice of completion of the building to the Authority regarding completion of work described in the building permit in the proforma given in Appendix-5 accompanied by three copies of the completion plan.

23. Occupancy certificate necessary for occupation-No building erected, re-erected or altered, shall be occupied in whole or part until the issue of occupancy certificate by the Chief Executive Officer in the form given in Appendix-6. Provided that if the Chief Executive officer fails to issue the occupancy certificate or send any intimation showing his inability to issue such certificate within 30 days of the date of receipt of completion certificate, the building may be occupied without waiting for such certificate. Intimation to this effect shall have to be sent to the Authority by the owner before occupying the same.

24. Issue of occupancy certificate regarding Multi Storeyed Building-In the case of buildings identified in clause 6 (2) (ii) the work shall also be subjected to the inspection of the Chief Fire Officer, U.P. Fire Service and the occupancy certificate shall be issued by the Authority only after the clearance from the Chief Fire Officer regarding the completion of work from the fire protection point of view.

 

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