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Building Byelaws - Chapter II

CHAPTER II�Layout/Building Permit and Occupancy

 4.    Building permit�No person shall erect any building or a boundary wall or fencing without obtaining a prior building permit thereof, from the Chief Executive Officer or an Officer authorised by the Chief Executive Officer for this purpose.

5.   Application for building permit�

(1) Every person who intends to erect a building within the Area shall give application in the form given at Appendix-l.

(2) The application for building permit shall be accompanied by documents as mentioned in the checklist annexed to Appendix-1.

(3) Such application shall not be considered until the applicant has paid the fees mentioned in Regulation no.7.

(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 objec�tions 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 additions/alterations provided they do not violate any of the provisions regarding general building requirements, structural stability and fire safety requirements specified in National Building Code:-

(a) Whitewashing and painting.

(b) Plastering and patch work.

(c) Renewal of roof at the same height.

(d) Reconstruction of portions of building damaged by any natural calamity to the same extent as previously approved.

(e) Internal additions/alterations within the building envelop certified and supervised by a Licensed Technical Person Architect registered

(f) Digging or filling of earth.

An intimation to this affect shall be submitted to the Authority in writing before commencement of construction.

6. 1      INFORMATION ACCOMPANYING APPLICATION FOR LAYOUT/BUILDING PERMIT 

(A)    Layouts regarding sub- division of land  

i) The site plan shall show�

ii) The boundaries of the plot and the name / no. of the  properties and roads abutting  to the plot.

iii) Plot number of the property on which the building is intended to be erected

iv) All existing buildings and physical features standing on, over or under the site;

v)  Building envelope at each floor level in relation to the site

vi) The total plot area and the break-up of area under different uses, roads and open space with their percentages in terms of the total area of the plot.

vii) Total FAR, Gr. Cov and height of the building on each category proposed.

viii) Setbacks of total plot as well as individual proposed plots.

ix) Details of setback, FAR, Gr Cov. on each irregular shaped plots in the proposed layout on at least 1: 500 scale.

x) Sewerage and drainage lines upto discharge point and water supply lines.

xi) Details of boundary wall, plinth, culvert and ramp, trees.

xii) Scale used and the direction of north point relating to plan of proposed building;

xiii) Parking plans indicating the parking spaces for all the buildings.

xiv) Landscape Plan.

xv)  Location and size of temporary structures like stores, labour hutments, site office and such like.

xvi) Electrical load requirement.

xvii) (II) Building Plan: For any proposed structure requirement of building plan shall be as per clause 6.1 (B) 6.1 (C) and 6.1 (D) as the case may be.

xviii) (III) Service Plans- Details of private water supply and sewage disposal sys�tem independent of the Municipal Services, if any and rain water harvesting system as per U.P Govt. orders.

xix) (IV) Specification- General specification of materials to be used in different parts of the building as given in Appendix-6.

xx) (V) Documents as per Checklist 1C annexed to Appendix 1 

(B) Residential buildings on plots other than group housing (flatted) :

(I) The plan shall show�

i) Key Plan � A key plan drawn to a scale of not less than 1 : 10,000 shall be submitted along with the application for a development/building permit showing the boundary locations of the site with respect to neighborhood landmarks.

ii) The boundaries of the plot and the name / number of the properties and roads abutting  the plot.

iii) Plot number of the property on which the building is intended to be erected.

iv) All existing buildings and physical features standing on, over or under the site.

v)  Building envelope at each floor level in relation to the site.

vi) The total plot area and the break-up of covered areas on each floor with their  percentages  in terms of the total area of the plot.

vii) Total height of the building.

viii) Setbacks.

ix) Details of projections and  structures  in setbacks.

x) Sewerage and drainage lines at discharge point and water supply lines.

xi) Details of boundary wall and its plinth, culvert and ramp, trees, concealing of water tank on roof  with jaali.

xii) Car parking, if applicable.

xiii) Scale used and the direction of north point relating to plan of proposed building;

(II) Documents as per Checklist 1-A enclosed with Appendix-1

(C) All other buildings

(I) The site plan shall show�

i) The boundaries of the plot and the name / no. of the  properties and roads abutting  to the plot.

ii) Plot number of the property on which the building is intended to be erected

iii) All existing buildings and physical features standing on, over or under the site;

iv) Building envelope at each floor level in relation to the site

v) The total plot area and the break-up of covered areas on each floor with their percentages in terms of the total area of the plot.

vi) Total height of the building.

vii) Setbacks.

viii) Details of projections and  structures  in setbacks.

ix) Sewerage and drainage lines upto discharge point and water supply lines.

x) Details of boundary wall, plinth, culvert and ramp, trees.

xi) Scale used and the direction of north point relating to plan of proposed building;

xii) Parking plans indicating the parking spaces for all the buildings.

xiii) Landscape Plan.

xiv) Location and size of temporary structures like stores, labour hutments, site office.

xv) Electrical load requirement.

(II)  Building Plan�The plan of the building, elevations and sections accompanying the applica�tion shall be drawn to a scale not less than 1:200�

i) The plan shall include the floor plans of building floors together with the covered area.

ii) The plan shall specify the use of all parts of the building;

iii) The plan shall show water supply, sewerage, drainage lines and the like;

iv) The plan shall include sectional drawing showing clearly the thickness of walls, size and spacing of framing members and floor slabs. The sections shall also indicate the height of the rooms and the parapet. At least one cross section shall be taken through the staircase;

v) The plan shall show all street elevations;

vi) The plan shall include terrace plan indicating the drainage and the slope of the roof;

vii) The   plan shall give dimension of the permissible projections in setbacks;

viii) The plan shall give indication of the north point in relation to the plan and scale used.

(III) 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 build�ing plans in addition to those mentioned in clause (II) above�

i) Access for fire appliances and vehicles and details of vehicular turning circle and clear motorable access way around the building;

ii) Size (width) of main and alternate staircase along with balcony, corridors and ventilated lobby approach;

iii) Location and details of lift enclosures;

iv) Location and size of fire lift;

v)  Smoke stop lobby doors, if provided;

vi) Refuse area, refuse chutes, refuse chamber, service ducts, etc. if any.

vii) Air conditioning system, if provided, with position of dampers, mechanical ventilation system, electrical services, boilers, gas pipes or the like;

viii) Details of exits including provision of ramps for hospitals and special lifts;

ix) Location of generator, transformer and switch gear room;

x) Smoke exhauster system, if any;

xi) Details of fire alarm system;

xii) Location of centralised control, connecting all fire alarm system, built in fire protection arrangements and public address system;

xiii) Location and dimension of static water storage tank and pump rooms with fire fighting inlets for mobile pump and water storage tank;

xiv) Location and details of first aid fire fighting equipment and installations.

xv)  Location and details of fixed fire protection installations such as sprinklers, wet risers, hose-reels, drenchers, CO2 installation, etc;

(IV) Service Plans- Details of private water supply and sewage disposal sys�tem independent of the Municipal Services, if any and rain water harvesting system.

(V) Specification- General specification of materials to be used in different parts of the building as given in Appendix-6.

(VI) Documents as per Checklist 1B annexed to Appendix 1

D Temporary Building

(I) The site plan shall show�

i)  The boundaries of the plot and the name / no. of the  properties and roads abutting  to the plot.

ii) Plot number of the property on which the building is intended to be erected

iii) All existing buildings and physical features standing on, over or under the site;

iv) Total height of the building.

v)  Setbacks.

vi) Details of projections and structures in setbacks.

vii) Sewerage and drainage lines upto discharge point and water supply lines.

viii) Scale used and the direction of north point relating to plan of proposed building;

x) Location and size of temporary structures like stores, labour hutments, site office or such like temporary structures.

(II)  Building Plan�The plans shall be submitted for building other than labour hutment The plan of the building, elevations and sections accompanying the applica�tion shall be drawn to a scale not less than 1:200�

i)  The plan shall include the floor plans of building floors together with the covered area.

ii) The plan shall specify the use of all parts of the building;

iii) The plan shall show water supply, sewerage, drainage lines and the like;

iv) The plan shall include sectional drawing showing clearly the thickness of walls, size and spacing of framing members and floor slabs. The sections shall also indicate the height of the rooms and the parapet.

v)  The plan shall show all street elevations;

vi) The   plan shall give dimension of the permissible projections in setbacks;

vii) The plan shall give indication of the north point in relation to the plan and scale used.

(III) Specification- General specification of materials to be used in different parts of the building as given in Appendix-6.

(IV) Documents as per Checklist 1D annexed to Appendix 1

6. (2) Site-plan shall be drawn to a scale as follows:

1 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. (3)        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: 

Serial No.

Item

Site Plan

Building Plan

1.

Plot lines

Thick green

Thick green

2.

Existing street

Green

..

3.

Permissible building line

Thick dotted green

..

4.

Existing work (Outline)

Green

Green

5.

Work proposed to be demolished

Yellow hatched

Yellow hatched


 

6.

Proposed:

a)Additions/Alterations.

b)Entirely new work

 

Red

not to be colored

 

Red

Not to be coloured

7.

Drainage

Red dotted

Red dotted

8.

Water Supply

Green dotted thin

Green dotted thin

 6. (4)        Preparation and signing of Plans�All plans shall be prepared and signed by Licensed Technical Person as per Appendix-12.

 7. Building permit fee, completion fees, temporary structures permit fees and calculation thereof�

(I)The applicant shall deposit building permit fees as stipulated by the Authority from time to time.  At present, the scale of fees for building permit is as follows:

i)  Residential buildings Rs. 2/- per sq. mtr. covered area on all floors.

ii) Commercial buildings Rs. 10/- per sq.. mtr. covered area on all floors.

iii) For all other type of buildings Rs. 5/- sq. mtr. of covered area on all floors.

iv) For layout plan � Rs. 1/- per sq. meter for  plot area upto 10.0 acres and 0.50 paise per sq.meter for area above 10.0 acres

(2) 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.

(3) In case of re-erection of existing building after demolition, fees chargeable shall be the same as erection of new buildings.

(4) 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 than in the original sanctioned plan.

(5) The area covered in the basement, as the case may be, shall be counted towards the covered area for purpose of calculation of fees.

(6) The fee in case of buildings with principal and subsidiary occupancies, in which the fees levi�able are different than the fees for the total building schemes, shall be as per the rates for individual occupancies.

(7) 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 of the building permit. In case the building is under construction as per the sanctioned plans and the application is made after the validity period from the date of sanction then the revalidation fee shall be original building permit fee.

(8) In case of construction without issue of building permit or fees applying for building permit then a penalty  of Rs 1000 per sq m covered area shall be levied, if all provisions as per byelaws are complied with.

(9) In case of construction without revalidation a fees of Rs 20 per sq m of covered area shall be levied if all provisions as per byelaws are complied with

(10) In case of revision in layout plan 50% of the fees of total payable layout plan fees shall be levied. In case of repeated revisions after second revision, fees for subsequent revisions shall be equivalent to total layout fees payable as amended from time to time.

(11) Malba charges of Rs. 11 per sq m shall be levied over total covered area for all building. In case of plot size above 2000 sq m the same shall be exempted if an affidavit on Rs 10 stamp paper duly notarized, is submitted by applicant that all malba during construction shall be kept within the plot.

(12) The applicant shall deposit completion fees as stipulated by the Authority from time to time.  At present, the scale of fees for completion is as follows:

i)  Residential buildings Rs. 200 only.

ii) Commercial buildings Rs. 5/- per sq.. mtr. covered area on all floors.

iii) For all other type of buildings Rs. 2.5/- sq. mtr. of covered area on all floors.

iv) For layout plan � Rs. 0.5/- per sq. meter for  plot area upto 10.0 acres and 0.250 paise per sq.meter for area above 10.0 acres.

In case even after two objection letters issued by Authority if rectification of all objections is not done then Rs. 500 shall be levied towards site visit fees each subsequent visit.

(13) The applicant shall deposit 25% of the building permit fees for temporary structures other than labor hutments as per individual use of the structure. For labor hutment fees shall be  Rs. 0.25 per sq m of covered area.

(14) Water, Sewer and other service connection charge shall be paid as levied by Authority.

Note: The Authority or CEO shall be empowered to revise the fees/ charge mentioned in clause No 7.

8. 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. The validity period as specified in clause 12.

9. Scrutiny of the building permit -

i) The Authorized Officer shall verify or cause to be verified the facts given in the application for permit, and enclosures.  The title of the land shall also be verified.

(ii) The Authorized Officer shall check the information listed in clause 6(1)A for residential buildings on plots (other than Group Housing flatted).

(iii) For all other buildings, the Licensed Technical Person shall provide the information in clause 6(1)B and provisions of fire safety requirements, public convenience, safety provisions and other relevant laws as per Factories Act. The Licensed Technical Person shall also be completely responsible for all other provisions as per Building Regulations, Planning and Development Directions, National Building Code, ISI standards and such other provisions as required by the Authority from time to time.

(iv) The Owner and Licensed Technical Person shall jointly indemnify the Authority against violation of Building Regulations, Planning and Development Directions and provisions of National Building Code

(v)  The Authority, however, reserves the right to perform test checks by complete scrutiny of any of the plans submitted for approval. 

(vi) In case of any violation, the Architect/Engineer/Town Planner shall be blacklisted under intimation to Council of Architecture, Institutions of Engineers or Institution of Town Planners, India respectively from practicing in the Notified Area for a period of 5 years. In case of Draftsman, the license issued by the Authority shall be cancelled.

(vii) In case the Owner is found responsible, the plot may be cancelled or any other such action may be taken as decided by Chief Executive Officer depending upon the merits of each case.

 10. Sanction or refusal of building permit �

 (i) After filing of the application for building permit duly certified by the Licensed Technical Person as per Appendix 4,. the applicant can commence the construction. The Authorised Officer shall scrutinize the building permit and 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.

(ii) If within thirty 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 period of thirty days but nothing herein shall be construed to authorise any person to do anything in contravention of these Regulations and Planning and Development Directions prepared under Section 8 of the Uttar Pradesh Industrial Area Development Act, 1976.

(iii) In case of the refusal, the Authorised Officer shall give reasons and quote the relevant provisions of the regulations which the plan contravenes, as far as possible in the first in�stance itself and ensure that no new objections are raised when they are re-submitted after compliance of earlier objection.

(iv) 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 objec�tions remain unremoved for a period of one year, the permit shall be refused.

 11. Appeal against refusal or sanction with modifications of a building permit�

 Any applicant ag�grieved 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 or Officer Authorised in this behalf. The decision of the Chief Executive Officer on such appeal shall be final, conclusive and binding.

12. Duration of validity of a building permit�

 A layout/building permit sanctioned under these regulations shall remain valid for the period specified in the lease deed conditions and normally Completion Certificate has to be submitted within this period. In special cases or category of cases depending on the nature of formalities remaining unfulfilled, extend this period for submission of completion certificate as he may deem fit. The nature of such formalities and period for extension should be specified by a general order or guideline issued by the Chief Executive officer. In case part completion has been taken on the plot then validity of layout/building permit shall be for 5 years.

Validity of temporary structures shall be 5 years or period specified in the lease deed conditions which ever is earlier. If the period expired in lease is less than 5 years then beyond this period any request for extension, if any, will be granted only in extraordinary circumstances on a case to case basis by the CEO subject to adequate justification & on payment of prescribed fees .In case period specified in lease deed is more than 5 years then extension shall be granted in multiple of 2 years after approval of the Chief Executive Officer.

After lapses of validity period this applicant is liable to remove all such structures and certificate shall not be granted without removal of such structures.

13. Additions or alterations during construction �

 If any external additions or alterations from the sanctioned plans are intended to be made, permission of the Chief Executive Officer shall be obtained in writing before the proposed additions/alterations are carried out. It shall be incumbent upon the applicant to whom a build�ing 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 10 (ii) shall be thirty days.

 14. 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 applica�tion 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.  The Licensed Technical Person found responsible for the same shall be blacklisted and debarred from practising in area for 5 years.  If the owner is found responsible, the plot may be cancelled or any other such action may be taken as decided by Chief Executive Officer depending upon the merits of each case.

 15. Work to be carried out in full accordance of Zoning Regulations, Building Regulations and Directions�

 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 Zoning Regulations of Master Plan, these Regulations or Planning and Development Directions.  In case any violations are found during construction or after obtaining completion the owner shall be required to rectify the same to the satisfaction of the Authority within a period of 15 days from the time such violations are intimated to the owner.  In case the owner fails to comply, the Authority shall ensure compliance and the expenditure incurred on doing so shall be recovered from the owner before issue of completion certificate.  In case completion certificate has already been obtained, such expenditure shall be recovered from the owner, if not paid within stipulated time, as arrears of land revenue.

 16. Documents at site �

 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:

(i) A copy of building permit.

(ii) Copy of approved drawings.

If the above documents are found missing for two consecutive visits by Authorized Officer from Authority a penalty of Rs. 1000 shall be levied for each such lapse. In case building permit has not been granted and applicant has applied for building permit then copy of receipt of documents shall be kept.

 17. 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 as per Appendix-9 accompanied by the documents as per checklist annexed with Appendix 9 .

 18. 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-11. 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 40 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.

 19. Issue of occupancy certificate regarding Multi Storeyed Building�

In the case of buildings identified in clause 6 (B) (III) 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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