(1) Where the sanction of the site plan is not accorded by the Local Bodies and no reason is assigned in this behalf, or where sanction is not refused within a period of 60 days from the date of receipt of the application in this behalf or receipt of necessary particulars, whichever is later, the applicant may make a representation to the Mayor/Chairperson of the ULB.
(2) Upon such representation, the Mayor/Chairperson shall after causing such enquiry as he may think fit and after giving the applicant an opportunity of being heard, convey sanction of the site plan either conditionally or unconditionally or refuse sanction stating reasons and communicate the same to the applicant within a period of 30 days from the date of receipt of the representation under sub-rule (1 ).
12. Masonry building not to be erected without special permission in certain cases-
(1) Save with the special permission of the Local Body no building (other than a hut) shall be erected unless —
(a) the site of such building abuts on a public street or a projected public street or a private street duly sanctioned and constructed In accordance with the provisions of the Act or any other law in force immediately before the commencement of the Act; or
(b) there is access to the building from any such street by a passage or pathway appertaining to such site, and not less than 2.40 metres wide at any part,
(2) No building shall be erected so as to deprive any masonry or framed building of the appropriate means of access,
(3) The following building shall be exempted from the operation of these rules —
(a) any building erected or intended to be erected by or with the sanction of the competent authority for use solely as a temporary hospital for the Page 19 reception and treatment of persons suffering from any infectious or contagious disease;
(b) any hoarding or like means of protection (other than a masonry wall) which the owner of any premises certifies to the competent authority, not less than seven days after erection to have been erected for the purpose of preventing threatened acquisition of any casement over his own premises or any portion thereof, provided, the stability of such hoarding or other means of protection is certified by the competent authority.
B. SUBMISSION OF BUILDING PLAN
13. Application to the Mayor/Chairperson with a building plan for permission to erect a new building or to make addition or alteration to a building;
(1) No person shall erect a new building, or re-erect or make addition and / or alteration to any building or cause the same to be done without first obtaining a sanction from the Local Body under these rules.
Provided that no such sanction is required to be obtained from the Local Bodies for —
(a) erection, re-erection, addition to or alteration of —
(i) an internal partition wall which does not violate any of the provisions of Act or these rules, or
(ii) a parapet wall or a cornice or chajja within the boundaries or the site and not overhanging a street, so however, that the total height of the parapet wall shall not be more than 1.50 metres and width of the cornice or chajja shall not be more than 50 centimeters.
(b) repairing of a staircase of lift-shaft.
(c) white washing or painting.
(d) re flooring of the surface of an existing floor,
(e) re-conditioning of the surface of an existing floor, without changing the character and dimension of such roof, re-flooring of the surface of an existing floor, provided that no such work as is referred to in clauses(a) and (c) shall be undertaken without giving the Local Bodies 15(fifteen) days notice in writing giving the nature of work proposed to be undertaken;
(f) erection of a false ceiling in any floor for air-conditioning, lighting or decorative purposes;
(g) plastering and patch work;
(h) providing or closing, an internal door or window or a ventilator, not opening directly opposite a door or a window of another building;
(i) replacing or fallen bricks, stores or repairing of damaged pillars or beams;
(j) repairing or renewing existing plumbing service,
(k) carrying out such other work as is necessary in the opinion of the Local Bodies, for reasons to be recorded in writing, to maintain the building in a condition of good repair or to secure it to present danger to human life.
(2) Every person intending to erect a new building or to make addition and / or alteration to any building, shall apply to sanction giving notice in writing in Form B along with following :-
(a) copies of documents showing that the applicant has exclusive right to undertake such works;
(b) duly authenticated copies of receipts showing payment of tax to the ULB for the quarter previous to the date of application in respect of the land, building or portion thereof upon which the building is proposed to be erected, reerected, added to or altered and a declaration from the ULB stating that there is no arrear dues payable to the ULB, Page 20
(c) a declaration, stating the name, address and other particulars of Architect or Licensed Building, Structural Engineer etc. as the case may be, along with their consent, who are engaged as per rule 17;
(d) requisite number of copies of the drawings as stipulated in Rule 14;
(e) (i) certified copy of the approved site plan;
(ii) certified copy of the reports of tests for stability of slopes and for soil as per requirements in Rule 4 and such test report should also indicate the maximum load that can be transferred to the soil of the particular site safely;
(f) receipt of deposition of fees as specified in sub-rule(9) of Rule 14 of these rules; and
(g) in the case of steel towards, the authenticated copy of the relevant license issued by the Government of India or the State Government.