(1) It is desirable that municipalities undertake appropriate measures to have planned growth in the municipality. One of the ways of systematic development is to encourage the self contained townships based on the “walk to work” concept wherein the distance between the work place and residence is minimized. This also will bring down pressure on roads and will also have more productive time available with people. The State shall promote comprehensive integrated townships prescribing minimum threshold area.
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(2) The integrated townships will act as a hub containing residential, office space, commercial, entertainment and services, as prescribed and with planned infrastructure in place.
(3) A set of appropriate incentives aimed at encouraging builders or developers to develop such integrated townships may be provided by the Government.
174. No piece of land shall be used as a site for the construction of a building, and no building shall be constructed or reconstructed, and no addition or alteration shall be made to an existing building without the self certification based declarations or the required approval in the manner prescribed, relating to the use of building sites or the construction or reconstruction of buildings:
Provided that the Government may exempt certain buildings from taking building permission under this section, as in the manner prescribed.
(1) For plot size upto 75 square yards (63 square meters), and the construction of ground or ground plus one floor, will not require any permission; the applicant however need to register online with a token amount of Rs.1 and duly self certifying to this effect regarding the size of the plot and floors; it shall also not require a completion certificate or occupancy certificate. Any plot bigger than 75 sq yards cannot be split for this purpose or this provision cannot be misused for taking up constructions in Government or prohibited or disputed land and action as prescribed shall be initiated for violations noticed.
(2) Plot size upto 500 square meters and height upto 10 meters: The permission applications for all the individual residential buildings having plot area of 500 square meters and less and building height of 10 meters as specified, shall Approval of Building Permissions.
130 [Act No. 11 of 2019] be processed through an online based Self-Certification System in accordance with the Master Plan or Detailed Planning Scheme or Local Area Plan and the building rules and in the manner prescribed, and upon furnishing all required information details shall get instant online approval.
(3) The onus to ensure authenticity of self-certification and compliance with the self-certification lies with the applicant, who shall be held personally accountable and liable in case of false declaration and action shall be initiated against the said person, as prescribed.
(4) The owner or developer shall along with the building application form, submit an undertaking that in case of any actual construction made by him or her in violation of sanctioned plan, the Government or the Commissioner or the Agency authorized by him or her shall take-up the demolition without issuance of any notice. Further, the District level committee may verify the documents so submitted, and in case of any misrepresentation or false statement, the action shall be taken as prescribed.
(5) Citizens shall be encouraged to bring to the notice of municipality and district collector cases where unauthorized construction or construction in violation of or in excess of permissions, in a manner prescribed. The identity of such informers shall be kept confidential. All such cases shall be examined within a week from such information and appropriate action initiated. The informant shall be incentivized in all such cases where the information furnished by him is found to be correct.
(6) Plot size above 500 square meters and height above 10 meters:- There shall be a single window system in case of applications for building permission in plots of area above 500 square meters and height above 10 meters and all Commercial buildings, High Rise Buildings, Group [Act No. 11 of 2019] 131 Development Schemes, Group Housing, Apartment Complexes, Multiplexes, non residential buildings and other such constructions, which require multiple NOCs, one common application form shall be submitted through web based online system as prescribed.
(7) The online application has to be submitted with all requisite documents as prescribed. The online system shall not accept the application unless all such documents are submitted. Such documents upon submission shall be examined by the single window committee set up for this purpose and shortfalls or incompleteness or cases where further information or clarification is needed shall be communicated to the applicant within the 10 days from the date of applying, in a manner prescribed.
(8) In all other cases, the applications for building permissions accompanied by all valid and required documents, as required and prescribed, shall be sanctioned within 21 days and in the manner, as prescribed.
(9) If no order is issued on the building application within the time prescribed, then the approval will be deemed to have been issued, as prescribed. The official concerned shall be liable for disciplinary action, if there has been a delay in arriving at a decision within the time period.
(10) The permission issued under deemed clause can be revoked by the commissioner within 21 days from the date of deemed approval if it is found that deemed approval has been obtained by misrepresentation of the facts or false statements, and/or against the building rules, regulations and Master Plan land use provisions.
(11) While examining the prima facie title, Municipal Commissioner may consult District Collector or Revenue Authorities to ascertain Government interest if any.
132 [Act No. 11 of 2019] Occupancy Certificate.
(12) The Building Permission Fees and other Charges shall be paid by the applicant, online at rates as prescribed by the Government from time to time.
(13) The applicant shall commence the construction work within 6 months from the date of issue of the Building permission, and shall complete the same within 3 years in case of Non-High Rise Buildings and within 5 years in case of High-rise Buildings. He shall also upload the pictures of commencement of construction within 6 months online.
(14) If the construction or reconstruction of any building is not completed within the specified period, the permission shall stand lapsed and a fresh application shall have to be made, duly paying the charges, as prescribed.
(15) Mortgage of certain percentage: The applicant is required to handover 10% of built up area in the ground floor or first floor or second floor as the case may be to the municipality by way of mortgage, as prescribed, before release of permission. The individual residential buildings in plots upto 200 square meters with a height upto 7 meters are exempted from this section.
(16) The area so mortgaged will be released on submission of completion certificate and Occupancy Certificate as prescribed.