THE KERALA PANCHAYAT BUILDING (REGULARISATION OF UNAUTHORISED CONSTRUCTION) RULES, 2014
THE KERALA PANCHAYAT BUILDING (REGULARISATION OF UNAUTHORISED CONSTRUCTION) RULES, 2014
S. R. O. No. 519/2014- In exercise of the powers conferred by section 254 read with section 235AB of the Kerala Panchayat Raj Act, 1994 (Act 13 of 1994) and in supersession of the Kerala Building (Regularisation of Unauthorised Construction) Rules, 2010 issued under notification as G.O. (Ms.) No. 185/2010/LSGD dated 21st August, 2010 and published as S.R.O. No. 847/ 2010 in the Kerala Gazette Extraordinary No. 1955 dated the 21st August, 2010 so far as it relates the Grama Panchayats, the Government of Kerala hereby make the following rules, namely:-
1. Short title, commencement and applicability.-
(1) These Rules may be called the Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2014.
(2) These rules shall come into force at once. (3) These rules shall apply to unauthorised constructions carried out on before the 31st day of March, 2013 in any Grama Panchayat area in the state.
2. Definitions.-
(1) In these rules, unless the context otherwise requires,--
(a) "Act" means the Panchayat Raj Act, 1994 (Act 13 of 1994);
(b) "Building Rules" means the Kerala Panchayat Building Rules, 2011 as on the 31st of day of March 2013;
(c) "Fair value of land" means fair value of land fixed under section 28A of the Kerala Stamp Act, 1959 (Act 17 of 1959) pertaining to the plot in which the unauthorised construction considered for regularisation under these rules is situated;
(d) "Licensee" means the Architect, Building Designer, Engineer, Town Planner, Supervisor etc. registered under Chapter XXIII of the Building Rules, who can certify and perform functions and assume responsibilities, as provided in Appendix Land rule 154 of the Building Rules;
(e) "Secretary" means the Secretary of the Grama Panchayat concerned;
(f) "Structural Engineer" means a Civil Engineer with Post Graduate Degree in Structural Engineering with minimum five years experience in structural design and supervision;
(g) "Town Planner" means the Town Planner or the Senior Town Planner of the Department of Town and Country Planning having jurisdiction over the District concerned;
(h) "Town Planning Act” means the Town Planning Act, 1108 ME and/or the MadrasTown Planning Act, 1920 and/or the Travancore Town and Country Planning Act 1120 ME as the case may be, .
(i) “Town Planning Scheme" means any Town Planning Scheme prepared under the Town Planning Act(s) in force;
(j) "Unauthorised Construction" means any construction or reconstruction as explained under Section 235 AB of the Act and which was carried out or completed on or before the 31st day of March, 2013 and which the Secretary has no power to regularise under Section 235W of the Kerala Panchayat Raj Act, 1994 and Chapter XXII of the Building Rules.
(2) Words and expressions used and not defined in these rules, but defined in the Act or the Building Rules shall have the same meaning assigned to them in the Act or the Building Rules.
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ഈ താൾ 2018 -ലെ പഞ്ചായത്ത് റെപ്പോ നിർമ്മാണം യജ്ഞത്തിന്റെ ഭാഗമായി സൃഷ്ടിച്ചതാണ്. |
വർഗ്ഗം:റെപ്പോയിൽ സൃഷ്ടിക്കപ്പെട്ട ലേഖനങ്ങൾ 3. Submission of application for regularisation of unauthorised Construction.-
(1) Application for regularisation of unauthorised construction declaring the details pertaining to the unauthorised construction shall be submitted to the Secretary concerned in Form I-A appended to these Rules along with the application fee specified in rule 4 within (308 days of the date of notification of these Rules in the Kerala Gazette.
(2) The application shall be accompanied by the following documents namely:-
(a) Receipt for payment of application fee, if any paid to the Grama Panchayat, as per rule 4 of these rules;
(b) Four copies of the floorplans, elevations and section(s) of the building(s) constructed, the site plan and wherever applicable the Service plans, parking plans drawn as provided in subrule (11) of rule 7 of the Building Rules and specification thereunder
(i) Self-certified by the owner to the effect that "this is the drawing(s) having reference to the details furnished in Form I-A and documents enclosed along with"
(ii) Certified by the licensee to the effect that "this is the drawing(s) having reference to the details furnished in Form I-A and documents enclosed along with and that the details and measurements therein conform to actual Constructions made in the site. I further certify that the unauthorized building(s) under is/are structurally stable (applicable in the case of unauthorized construction with the exception of high rise buildings/telecommunication tower).
(iii) Certified by a Structural Engineer as defined in this rules to the effect that "the unauthorized high rise building(s)/unauthorized telecommunication tower(s)/the building above which unauthorized telecommunication tower is erected as per the drawings and Form I-A enclosed herewith is/are structurally stable.
Note-(1) In the case of huts, a site plan showing the outline of the built-up area, the boundaries of the plot and nearby streets, duly signed by the owner is only required.
(2) In the case of constructions under approved schemes as mentioned in rule 72 of the Building Rules with total Floor area of building up to 60 sq.meters and number of floors limited to two and a stair room, where the construction has to be done by individuals separately, a site plan showing the outline of the built-up area, the boundaries of the plot and the near by streets, duly signed by the owner only is required.
(3) The unauthorized construction applied for regularization shall be indicated in red colour outline in all the drawings submitted.
(c) Documents to prove ownership of land;
(d) Photographs of the unauthorized building(s) signed by the owner, with dated certificate of the licensee to the effect that "this is the unauthorized building(s) under reference which was carried out on or before the 31st day of March 2013".
(e) Proof of having completed or carried out the construction on or before the 31st day of March 2013;
(f) Proof of valid Registration of the licensee;
(g) Proof of qualification of Structural Engineer who has issued the structural stability certificate;
(h) Details of cases or copies of orders/decisions thereon in case of the any legal dispute pending before or disposed of by Courts, Tribunal, Ombudsman etc. pertaining to or of reference to the plot or constructions therein;
(i) Any Government orders, circulars, any form of communication against the plot/land or any construction Works therein;
(j) Proof of having stopped the construction before 31st day of March 2013 in compliance of any communication from the Grama Panchayat or Government Directing to stop the unauthorized construction;
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ഈ താൾ 2018 -ലെ പഞ്ചായത്ത് റെപ്പോ നിർമ്മാണം യജ്ഞത്തിന്റെ ഭാഗമായി സൃഷ്ടിച്ചതാണ്. |
വർഗ്ഗം:റെപ്പോയിൽ സൃഷ്ടിക്കപ്പെട്ട ലേഖനങ്ങൾ (k) Copy of plans approved and/or permit issued, if any, by the Secretary asper provisions contained in the Act or Building Rules;
(l) Orders if any, granting exemption from the provisions of the Kerala Building Rules 84, obtained earlier;
(m) Details of action, if any taken by the Grama Panchayat concerned against this unauthorized Construction; (n) Copy of Orders granting exemption from the provisions of the Town Planning Schemes, obtained earlier,
(o) Details pertaining to or of relevance to the plot and buildings therein, if any.
(3) If the application received is not in order and/or incomplete for further scrutiny, the Secretary shall, within fifteen Working days of the receipt of the application, inform the applicant, that the same cannot be accepted.
4. Application fee.-
The application fee to be paid to the Grama Panchayat while submitting the application for regularisation of unauthorised construction, shall be as follows, namely:-
| 1 | Telecommunication Tower | Rs.25,000 |
| 2 | Huts and buildings under Group A 1 Residential Occupancy as per rule 34(3)(a) of the Building Rules with total built-up area up to 30 sq. metres | Rs.250 |
| 3 | Buildings under Group A 1 Residential Occupancy as per rule 34(3)(a) of the Building Rules with total built-up area exceeding 30 sq. metres and up to 60 sq.metres | Rs.750 |
| 4 | All buildings other than those mentioned above with total built-up area: | |
| (i) up to 100 sq.metres | Rs.1,000 | |
| (ii) above 100 sq.metres and upto 200 sq. metres .. | Rs.2,500 | |
| (iii) above 200 sq.metres and upto 500 sq. metres .. | Rs.5,000 | |
| (iv) above 500 sq.metres and upto 1000 sq.metres .. | Rs. 7,500 | |
| (v) above 1000 sq.metres and upto 1100 m2 | ||
| (vi) above 1100 m2 > | Rs. 10,000+ Rs. 1000/100 m2 in excess of 1100 m2</sup |
Note:-The area for this purpose shall be the total built-up area on all floors of the unauthorised building(s).
5. Procedure for disposal of application.-
(1) In the case of applications other than those cited in sub-rule (3) of rule 3, the Secretary shall, verify the application, inspect or cause to inspect the location, site and the buildings and after detailed verification and scrutiny, prepare A detailed report, in quadruplicate in Form B appended to these rules, specify the compounding fee, in case the unauthorised construction is proposed to be regularized, duly sign and make a certification, as provided therein.
(2) If the application received is in order, the Secretary shall forward the same along with the documents specified below to the Town Planner concerned within 45 days from the date of receipt of the application, and he shall keep in his office all other documents received along with the application, after due verification:-
(i) Forms I-A and I-B duly filled up in all respects in triplicate;
(ii) Three sets of drawings verified, duly signed and certified by the owner, licensee, structural engineer as the case may be and the Secretary: Provided that, no application for regularisation shall be recommended for regularisation, if the unauthorized construction(s) does not conform to the provisions in section 220 of the Kerala Panchayat Raj Act, 1994, Town Planning Scheme, if any for that area sanctioned under the Town Planning Act(s); any law, including rule, byelaw, notification etc. made under such law(s) and any Acts like the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Rules made thereunder, the Kerala Conservation of Paddy Land and Wetland Act, 2008, Coastal Zone and Environmental Clearance Regulations notified by the Ministry of Environment and Forests, Government of India etc. and the safety and security provisions in the Building Rules laid out in Appendix II to these rules:
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ഈ താൾ 2018 -ലെ പഞ്ചായത്ത് റെപ്പോ നിർമ്മാണം യജ്ഞത്തിന്റെ ഭാഗമായി സൃഷ്ടിച്ചതാണ്. |
വർഗ്ഗം:റെപ്പോയിൽ സൃഷ്ടിക്കപ്പെട്ട ലേഖനങ്ങൾ Provided also that, the Secretary may, if the forms and the drawings are found not in order or not, duly filled up or signed or certified, or the information furnished is not correct, return the same to the applicants citing reasons for non-acceptance.
(3) The Town Planner shall, consider the duly filled up forms and the drawings forwarded by the Secretary and if found in order, he may, if necessary, inspect or cause to inspect the location and/or the building and prepare technical recommendations in Form I-C.
(4) The Town Planner shall forward the following to the Chief Town Planner within 30 days from the date of receipt.
(i) Forms 1-A, I-B and I-C duly filled up and signed in all respects in duplicate;
(ii) Two sets of drawings forwarded by the Secretary and signed and certified by the Town Planner to the effect that the technical recommendation made has reference to this drawing(s):Provided that, the Town Planner may if the forms and the drawings are found not in order or not, duly filled up or signed or certified, or the information furnished is not correct, return the same to the to the Secretary, citing reasons for non-acceptance.
(5) The Chief Town Planner or an officer authorized by him/her in this behalf shall consider the duly filled up forms and the drawings forwarded by the Town Planner and they are in order, he shall prepare technical recommendations in Form i-D, and forward the following to the Government within 30 days from the date of receipt. (i) One set of Forms I-A, I-B, I-C and I-D duly filled up and signed in all respects; . --
(ii) One set of drawings forwarded by the Town Planner and signed and certified by the Chief Town Planner to the effect that the technical recommendation made has reference to this drawing(s): Provided that the Chief Town Planner or an officer authorized by him/her in this behalf may if the forms and the drawings are found not in order or not duly filled up or signed or certified, he shall return the same to the Town Planner citing reasons for non-acceptance, with a copy thereof to the applicant.
(6) The Government shall consider the duly filled up forms and the drawings forwarded by the Chief Town Planner or an officer authorized by him/her in this behalf and considering the merit of the application, may issue orders according sanction to the Secretary for regularisation with or without conditions or reject the application for regularization and forward the same to the Secretary concerned, with copy to the Chief Town Planner, Chief Town Planner (Vigilance), Town Planner and the applicant. The government order according sanction for regularisation shall specify, -
(i) the name of the applicant, survey number/resurvey number of the plots land with the name of village(s), occupancy of the building(s), total floor area, number of floors in each building(s):
(ii) conditions, if any, under which sanction for regularisation is granted;
(iii) period within which the conditions, if any, stipulated for regularisation is to be complied With: y
(iv) the amount of compounding fee to be remitted in the Government Treasury specifying the Head of Account and time for remittance.
(7). Once the orders of the Government are received, the Secretary shall, issue formal orders on each application, according sanction for regularisation with or without Conditions or rejecting the same, in accordance with the orders of the Government and send a copy thereof to the applicant. The Secretary shall, while issuing such formal orders, also inform the applicant to submit all provals, required as per the provisions of the Act and the Building Rules, from various Central or State Government Departments and agencies such as Fire and rescue department, SEIAA/Ministry of Environment and Forests of Government of India, Coastal Zone Management Authority, Airport Authority, Railway Authority, Defence Authority, Kerala State Pollution Control Board, District Collector, Chief Electrical Inspector etc. (other than those required from the Department of Town and Country Planning), and check conformity to any law or rules, byelaws, notifications etc. made under such law(s) wherever applicable. (8) The formal order issued by the Secretary according sanction for regularisation, shall specify items (i) to (vi) as stipulated in sub-rule (6) of rule 5 of these Rules. The Secretary shall also publish every month in the office notice board and in the official website of the Grama Panchayat Concerned, the list of Such orders issued indicating the number and date of the orders issued, the name of applicant, Survey/resurvey number(s) name of village and taluk pertaining to the plot, details of violations and nature of regularisation such as whether the construction was regularised or not regularised; or regularised with conditions.
(9) The Owner and the licensee shall be equally responsible for the conformity of the drawings to actual constructions made in the site and the details therein.
(10) It shall be the responsibility of the owner and the licensee who has issued the Structural Stability Certificate as per the provisions contained in these rules, to ensure the structural stability of the building. However, in the case of high-rise buildings, telecommunication towers and building, if any, above which such telecommunication tower is erected, the owner and the structural engineer who had issued the structural stability certificate as per these rules shall be responsible for the structural stability of such towers building(s)/constructions.
(11) The licensee, who issues false certificate/information or violates any of the functions and responsibilities entrusted on him/her as per the provisions of these Rules, shall also be liable for action as prescribed in sub-rules (7) and (8) of rule 144 of the Building Rules. (12) If the applicant fails to remit the specified compounding fee and/or fails to comply with the conditions on or before the date specified in the regularisation order, such order shall cease to operate from the next day of the said date.
(13) The Secretary shall maintain a register of all treasury remittances towards compounding fee and shall forward quarterly reports thereonto the Government through the Director of Panchayats.
(14) The Secretary shall also maintain a permanent register of all unauthorised buildings/ Constructions regularised under these rules, containing details such as name and address of the applicant, Survey/resurvey number(s) and name of village, occupancy, number of storeys, floor area of each floor, violation of rules regularised, number and date of the Government Order and the formal order thereof, by which regularisation was granted, amount of compounding fee remitted with chalan receipt particulars, Conditions, if any, stipulated in the order and action taken thereon.
(15) The appropriate authority shall take action against Government Servants, as per the Rules applicable to them, who manipulate, prepare and furnish false reports intentionally against the spirit of these rules.
(16) The Compounding fee once remitted, shall not be refunded under any circumstances.
6. Procedure in case the application for regularisation is rejected.--
1) In case the applicant does not fully Comply with any of the condition(s) stipulated in the regularisation order including non-remittance of Compounding fee within the time limit specified, it shall be the responsibility of the Secretary to take appropriate action for the demolition of the building or part thereof as per the provisions contained in the Building Rules.
(2) If the owner of any unauthorised construction fails to submit any application for regularisation duly filled up in the prescribed form with relevant details within the stipulated time or if the application for regularisation is rejected in to, the Secretary shaII take appropriate action for the demolition of such unauthorised construction forthwith and recover the cost of demolition from the owner, as if it were arrears of property tax.
(3) The Secretary shall have the power to initiate prosecution against the owner or the person responsible for the unauthorised construction for not complying with the provisions of the Act and the rules or any orders issued thereunder. Strict action shall be taken against the Secretaries who default in taking action against such persons who do not apply for regularization in time per these Rules or whose application for regularization is rejected by Government as per these Rules
(4) No regularisation of unauthorised construction shall be allowed in future.
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ഈ താൾ 2018 -ലെ പഞ്ചായത്ത് റെപ്പോ നിർമ്മാണം യജ്ഞത്തിന്റെ ഭാഗമായി സൃഷ്ടിച്ചതാണ്. |
വർഗ്ഗം:റെപ്പോയിൽ സൃഷ്ടിക്കപ്പെട്ട ലേഖനങ്ങൾ 7. Review by Government.-
(1) Any person aggrieved by an order issued under the provisions of these rules, may file a petition for review to the Government: Provided that there shall be only one review against any order issued.
(2) A petition for review under sub-rule (1) shall be presented within thirty days from the date of service of the order by the Secretary, allowing or rejecting the application.
(3) The review petition along with true copy of the order to be reviewed shall be submitted in white paper, typed or written in ink, affixed with court fee stamp worth Rupees five.
(4) When a petition for review has been presented under these rules, the Government may, if found necessary, stay the operation of the order, pending consideration of the petition.
(5) The Government shall, after reviewing the petition, pass appropriate orders thereon and forward the same to the Secretary concerned, with copy thereof to the Chief Town Planner, Chief Town Planner (Vigilance) and Town Planner.
(6) In case the review petition is rejected, the Secretary shall initiate action as provided under rule 6.
8. Power of the Government to cancel or revise the order etc.--
(1) The Government shall have the power to cancel or revise any order issued earlier under these rules at any time, if found that any building regularised is of serious safety and security concerns.
(2) The Government shall have the power to cancel at any time any order issued under these rules, after hearing the applicant once, if it has come to the notice subsequently that the information furnished by the applicant or the certification made by the licensee in the plans and in the application in Form 1-A or structural stability certificate issued by the Structural Engineer, is by suppression or misrepresentation of facts.
(3) Notwithstanding the above, Government shall have the power to take or cause to take appropriate legal action against those who have suppressed or misrepresented the facts.
9. Constitution and Functioning of the Monitoring Committee.-
(1) The Government may constitute a Monitoring Committee for the purpose of ensuring transparency and supervision of the regularization of unauthorized construction, consisting of the following Members; (a) Secretary, Local Self Government Department : Chairman (b) Chief Town Planner (vigilance) : Member (c) Chief Engineer, Local Self Government Department : Member (d) Director of Panchayats : Convenor
(2) The Committee may suo motto or as directed by Government take up for consideration the construction regularized under these rules and submit its recommendations to the Government.
(3) The Committee may, if necessary, conduct random site inspections of the construction regularized under these rules and also scrutinize the related files at all levels of the regularizationprocess as cited in rules (5) and (7).
(4) The Committee may suo motto or as directed by Government, convene meetings of the Committee.
(5) Two members of the Committee shall constitute the quorum.
(6) The meeting shall be presided over by the Chairman and in his absence, a member of the Committee nominated by him.
(7) The recommendation shall be based on the decision of the majority present in the meeting.
APPENDIX I see Rule 5 (1)
COMPOUNDING FEE
Compounding fee for regularisation of unauthorised construction carried out on or before 31st day of March, 2013 violating the provisions of the Building Rules. 1) Telecommunication Towers Compounding fee -Rs.500,000 (Rupees Five Lakhis only) tower and its ancillary structure. Panchayat:Repo18/vol1-page0856 APPENDIX II See Rule 5(1) Safety and security provisions in the Kerala Panchayat Building Rules, 2011 (as on 31st March 2013) required to be strictly complied with for regularization in the case of unauthorized construction (1) sub-rule (5) of rule 26 and Table - Clearance from Overhead Electric Lines. (2) Number of parking shall be minimum of 50% of the parking specified in Table 4A and 4B under Rule 38 of the Building Rules. (3) Rule 47-Fire escape staircase. (4) Rule 51 of Building Rules. Note.- As regards constructions with reference to item (7), taking into account the serious nature of safety and security concerns, Government may decide as to the extent up to which regularization can be considered on a case by case basis. : (5) Sub-rule (3) to (15) of Rule 61 - Group 1(1) and Group (2) occupancies Rule. (6) Rule 84 of Building Rules. (7) Rule 104 - Facilities for persons with disabilities. (8) Rules 107 to 114 with modification to Rule 112(1) of Chapter XIX-Safety Provisions for High rise Buildings, as specified below: If a motorable road of width not less than 5m. is available on the side other than the front and if open space for the building within the plot on that side is minimum 3.6 m. and is kept open by not constructing any compound wall, fence or structure then, regularisation may be considered by the Government if it is fully satisfied that safety, security and fire fighting capabilities are not compromised. (9) Rules 122 to 125 of Chapter XX-Telecommunication Towers. (10) Width of access to the plot from the main street shall not be less than 2/3rd of the mandatory width as prescribed under Rule 37 of the Building Rules or 3.6 m, whichever is higher and shall be motorable, if any parking is mandatory. (11) Any other provisions in the building rules having serious safety and security concerns.
FORM I-A
(See Rule 3) APPLICATION FOR REGULARISATION OF UNAUTHORISED CONSTRUCTION(S) INQUADRUPLICATE)
To
The Secretary to Government,
Local Self Government Department,
Government of Kerala,
Thiruvananthapuram.
Through
(1) The Secretary,
.................................... Grama Panchayat
(2) The Town Planner,
Department of Town and Country Planning,
................................... District.
(3) The Chief Town Planner,
Department of Town and Country Planning,
Thiruvananthapuram.
Sir,
I have constructed a .................. (Specify the use and occupancy) building near the building No. ..............or telecommunication tower/pole structure near/over the building No................... or carried out alteration/addition to an existing building No. .................. in .................. Grama Panchayat in Survey No...................Village.................. Taluk .................... District.................. before 31st March, 2013 without obtaining permit from the competent authority.
I have obtained permit No. .................. dated ..................for the construction or reconstruction or addition or alteration to an existing building No................... in Grama Panchayat.................. in Survey No. Village ..................Taluk..................District.................. and have carried out the construction in deviation to plans approved by the Secretary/after the expiry of the permit.
I realise that the construction so carried out is in violation of the provision contained in the building rules and/or the Act and the date of commencement of the construction is .................. realize that the said construction is an unauthorized one.
I request that sanction may be accorded to the Secretary for the regularisation of the said construction(s). The application fee of `............. only has been remitted vide…………….Necessary plans, documents and triplicate are enclosed.
Signature of Applicant ………………
Name of Applicant ……………………
(In Block letters)
Address………………………………
Place:.....................
Date:......................
Enclosures: - (1) Statement of the owner : Annexure1
(2) Certificate and declaration of the license : Annexure2
(3) Certificate of the Structural Engineer : Annexure3 Place:……………. Date:………………. Enclosures :- (1) Statement of the owner : Annexure1 (2) Certificate and declaration of the license : Annexure2 (3) Certificate of the Structural Engineer : Annexure3 Annexure-1 STATEMENT OF THE OWNER(IN QUADRUPLICATE) 1. Name and address of the applicant (owner) : …………………………………………………………………. 2. The number allotted by the Gram Panchayat to The building/nearest building* : ………………………………………………………………………. (*strike out whichever is not applicalble)
3. Details of land :
(i) Survey Number(s) (with sub divisions) :…………………………………………………………………………. (ii) Resurvey Number(s) :……………………………………………………………………….. (with sub divisions if applicable) :………………………… (iii) Village :………. (iv) Taluk :……. (v) Area of the plot in sq.metres :……………………… 4. Nature of ownership of land: Sale Deed/Gift/:………. Partition Deed/Puramboke/Others(specify) 5. Date and Number of the documents in proof:…. of ownership of land :……………
6. Nature of constructions(s)
(a) New building/Reconstruction/Change in: Occupancy/Alterations/Addition or Extension to existing building(s)/Others(specify) (b) Type of roof: Concrete/Tiled/any other(specify) (c) Total number of floors (d) Total floor area (sq.meters) of the authorized building(s) within the plot (e) Occupancy/Use of the unauthorized building(s): (Fill in the table below. Use separate sheet if required)
Floor (Basement), Floor area in sq.meter Occupancy of the respective floor Ground,First etc.) of the respective floor (if more than one occupancy in the Floor, furnish the area of each occupancy)
7. Date of commencement of the construction : …………………………. 8. Date of completion of construction :……………. 9. Is there any legal dispute pending cases before Or disposed of by courts, Tribunal, Ombudsman etc. Pertaining to or with reference to the land/plot or Building(s) therein (Specify Yes/No) If Yes, furnish the details :……………………… 10. Is there any Government orders, circulars :………………………………………………………. any other form of communication against the plot/land or any construction works therein.
(Specify Yes/No) If Yes, furnish the details :…………………………………………………………………………..
11. Any other details pertaining to or of relevance ......................................................................... to the plot and buildings therein (Specify Yes/No)
If Yes, furnish the details : ……………………………………………………..
12. Checklist of enclosures to be furnished by the owner :
Sl No. Item of enclosures to be furnished by the owner Applicability
(1) (2) (3)
(a) Receipt for payment of application fee, if any paid to the Compulsory Grama Panchayat as per Rule 4 of these rules (b) (b) (i) Four copies each of the floor plans, elevations and Compulsory sections of the Compulsory building(s) constructed, the site plan and wherever applicable, the service plans, parking plans and specifications drawn as provided in sub-rule (11) of rule 7 of the Building Rules, duly signed and certified in the format given
under sub-rule (2) of rule 3 of these Rules by the owner/by
the licensee and if applicable, by the Structural Engineer who has
issued the structural stability certificate.
(or)
(ii) In the case of huts, four copies each of a site plan
showing the outline of the built-up area, the boundaries of the plot and nearby streets duly signed by the owner, (or)
(iii) In the case of constructions under approved Schemes
as mentioned in rule 72 of the Building Rules with total floor area of building up to 60 sq. metres and number of floors limited to two and a stair room, where the construction has to be done by individuals separately,grysoto four copies each of a site plan showing the outline of the built-up area, the boundaries of the plot and nearby streets, duly signed by the owner. Note. – (1) the unauthorised construction applied for regularization shall be indicated in red colour outline in the drawings. (2) The following shall be the format for Certificate on the drawings by:- (i) the owner: "Certified that this is the drawing(s) having reference to the details furnished in Form 1-A and documents enclosed along with." (ii) the Licensee: "Certified that this is the drawing(s) having reference to the details furnished in Form I-A and documents enclosed along with and that the details and measurements therein conform to actual constructions made in the site." "Certified further that, the unauthorised building(s) under reference is/are structurally stable" (strike out this certification if the unauthorised building(s) is high-rise building and/or telecommunication tower). Also certified that I fulfil the necessary qualifications and experience as specified in the Building Rules and these Rules. (iii) the Structural Engineer: "Certified that the unauthorised high-rise building(s)/unauthorised telecommunication tower(s)/the building above which such unauthorised telecommunication tower is erected (strike out which is/are not applicable) as per the drawings and Form I-A enclosed herewith is/ are structurally stable. (this certification is required only if the unauthorised construction is a high-rise building and/or telecommunication tower). Certified further that I fulfil necessary qualifications and experience as specified in the Building Rules and these Rules.
(C) Documents to prove ownership of land Compulsory
(d) Photographs of the unauthorised construction signed by the owner, with
Compulsory dated certificate of the licensee to the effect that "this is the unauthorized construction under reference which was carried out
on or before the 31st day of March, 2013"
(e) Proof of having carried out the construction of unauthorised building(s) on or before the 31st day of March, 2013 [Please specify: Enclosed/Not Applicable]
(f) Proof of valid Registration of the licensee (Compulsory except in cases (ii) and (iii) of item (b) above); [Please specify: Enclosed/Not Applicable]
(g) Proof of qualification of Structural Engineer who has issued the structural stability certificate (Compulsory in the case of high-rise buildings, telecommunication towers and building if any above which such telecommunication tower is erected.) [Please specify: Enclosed/Not Applicable]
(h) copies of the cases pending before or direction, judgement etc., by Courts, Tribunal, Ombudsman etc. there of pertaining to or with reference to the plot or constructions therein as mentioned in item 9 of the statement in this form. (To be compulsorily disclosed by the owner/applicant) [Please specify: Enclosed/Not Applicable]
(i) Copies of any Government orders, circulars, etc. against the plot/land or any construction works therein as mentioned in item 10 of the statement in this form (To be compulsorily disclosed by the La a owner/applicant) [Please specify: Enclosed/Not Applicable] (j) Proof of having stopped the unauthorised construction works before 31st day of March, 2013 in complainants with of any communication from the Grama Panchayat or Government directing to stop the unauthorised construction:[Please specify: Enclosed/Not Applicable] (k) Copy of plans approved and/or permit(s) issued if any, by the Secretary as per the provisions contained in the Act or Building Rules. [Please specify: Enclosed/Not Applicable]
(l) Orders granting exemption from the provisions of the Kerala Building Rules, 1984, obtained earlier [Please specify: Enclosed/Not Applicable]
(m) Copy of orders granting exemption from the provisions of the Town Planning Schemes, obtained earlier [Please specify: Enclosed/Not Applicable]
(n) Copy of documentary evidences, if any, showing the details of action, taken by the Grama Panchayat concerned against the unauthorised construction(s). [Please specify: Enclosed/Not Applicable]
(o) Copy of documentary evidence, if any, enclosed, with reference to item 11 ianuarie of the Statement in this form. (Please specify): (i)………………………………………………………………………………. (ii)………………………………………………………………………………. (iii)……………………………………………………………………………….
13. I…………………………(name of owner) do hereby declare that the unauthorised construction as per the drawings and details enclosed was/were carried out on or before the 31st day of March, 2013, beyond which date, no construction works were carried out unauthorisedly and that the drawings and measurements therein conform to actual constructions made in the site and the unauthorised construction(s) is/are structurally stable.
I also declare that the details furnished in this application and, the drawings and other documents/ enclosures submitted therewith are correct to the best of my knowledge and belief. I further declare that to the best of my knowledge and belief, there is no court case or direction or communication from any authority including Government specific to the plot or constructions therein, which prevents the regularisation of the unauthorised construction. I further declare that I am fully aware of the fact that the Government may, at any time, cancel the order(s) issued under these rules and lake appropriate legal action, if the information furnished by me is found false or facts were suppressed or misrepresented.
…………………………………………………….. (Signature of the owner) Place……………………….. Name:…………………………………………………… Date………………………….. Address……………………………………………………… center|ലഘുചിത്രം
10. Is there any Government orders, circulars, :.... any other form of communication against the plot/land or any construction works therein. (Specify Yes/No) If Yes, furnish the details
11. Any other details pertaining to or of relevance ......... to the plot and buildings therein (Specify Yes/No): If Yes, furnish the details
12. Checklist of enclosures to be furnished by the owner : (3) SI. Item of enclosures to be furnished by the owner Applicability No. (1) (2) (a) Receipt for payment of application fee, if any paid to the Compulsory Grama Panchayat as per Rule 4 of these rules (b) (i) Four copies each of the floor plans, elevations and sections of the Compulsory building(s) constructed, the site plan and wherever applicable, the service plans, parking plans and specifications drawn as provided in sub-rule (11) of rule 7 of the Building Rules, duly signed and certified iding Rules duly signed and certified in the format given under sub-rule (2) of rule 3 of these Rules by the owner/by the licensee and if applicable, by the Structural Engineer who has issued the structural stability certificate. (or) (ii) In the case of huts, four copies each of a site plan showing the outline of the built-up area, the boundaries of the plot and nearby streets duly signed by the owner, (or) (iii) In the case of constructions under approved Schemes as mentioned in rule 72 of the Building Rules with total floor area of building up to 60 sq. metres and number of floors limited to two and a stair room, where the construction has to be done by individuals separately, grysoto four copies each of a site plan showing the outline of the built-up area, the boundaries of the plot and nearby betulosa wiosce cei streets, duly signed by the owner. Note.– (1) the unauthorised construction applied for regularization shall be indicated in red colour outline in the drawings. (2) The following shall be the format for Certificate on the drawings by:- (i) the owner: "Certified that this is the drawing(s) having reference to the details furnished in Form 1-A and documents enclosed along with." ia (ii) the Licensee: "Certified that this is the drawing(s) having reference to the details furnished in Form I-A and documents enclosed along with and that the details and measurements therein conform to actual constructions made in the site." "Certified further that, the unauthorised building(s) under reference is/are structurally stable" (strike out this certification if the unauthorised building(s) is high-rise building and/or telecommunication tower). Beri Also certified that I fulfil the necessary qualifications and experience as specified in the Building Rules and these Rules. (iii) the Structural Engineer: "Certified that the unauthorised high-rise building(s)/unauthorised telecommunication tower(s)/the building above which such unauthorised telecommunication tower is erected (strike out which is/are not applicable) as per the drawings and Form I-A enclosed herewith is/ are structurally stable. (this certification is required only if the unauthorised construction is a high-rise building and/or telecommunication tower). Certified further that I fulfil necessary qualifications and experience as specified in the Building Rules and these Rules. (C) Documents to prove ownership of land construction under reference which was carried out on or before the 31st day of March, 2013
(e) Proof of having carried out the construction of unauthorised building(s) on or before the 31st day of March, 2013; Please specify: Enclosed/Not Applicable
(f) Proof of valid Registration of the licensee [Compulsory except in cases (ii) and (iii) of item (b) above); Please specify: Enclosed/Not Applicable
(g) Proof of qualification of Structural Engineer who has issued the structural stability certificate (Compulsory in the case of high-rise buildings, telecommunication towers and building if any above which such telecommunication tower is erected.) Please specify: Enclosed/Not Applicable
(h) Copies of the cases pending before or direction, judgement etc., by Courts, Tribunal, Ombudsman etc. there of pertaining to or with reference to the plot or constructions therein as mentioned in item 9 of the statement in this form. (To be compulsorily disclosed by the owner/applicant) Please specify: Enclosed/Not Applicable
(i) Copies of any Government orders, circulars, etc. against the plot/land or any construction works therein as mentioned in item 10 of the statement in this form (To be compulsorily disclosed by the owner/applicant) Please specify: Enclosed/Not Applicable
(j) Proof of having stopped the unauthorised construction works before 31st day of March, 2013 in complainants with of any communication from the Grama Panchayat or Government directing to stop the unauthorised construction: Please specify: Enclosed/Not Applicable
(k) Copy of plans approved and/or permit(s) issued if any, by the Secretary as per the provisions contained in the Act or Building Rules. Please specify: Enclosed/Not Applicable)
(l) Orders granting exemption from the provisions of the Kerala Building Rules, 1984, obtained earlier (Please specify: Enclosed/Not Applicable)
(m) Copy of orders granting exemption from the provisions of the Town Planning Schemes, obtained earlier (Please specify: Enclosed/Not Applicable
(n) Copy of documentary evidences, if any, showing the details of action, taken by the Grama Panchayat concerned against the unauthorised construction(s).Please specify: Enclosed/Not Applicable)
(o) Copy of documentary evidence, if any, enclosed, with reference to item 11of the Statement in this form. (Please specify)
(i)...............................................................................................
(ii).............................................................................................. (iii).....................................................................................................
ا.13............................................................................(name of owner) do hereby declare that the unauthorised construction as per the drawings and details enclosed was/were carried out on or before the 31st day of March, 2013, beyond which date, no construction works were carried out unauthorisedly and that the drawings and measurements therein conform to actual constructions made in the site and the unauthorised construction(s) is/are structurally stable.
I also declare that the details furnished in this application and, the drawings and other documents/ enclosures submitted therewith are correct to the best of my knowledge and belief. I further declare that to the best of my knowledge and belief, there is no court case or direction or communication from any authority including Government specific to the plot or constructions therein, which prevents the regularisation of the unauthorised construction. I further declare that I am fully aware of the fact that the Government may, at any time, cancel the order(s) issued under these rules and lake appropriate legal action, if the information furnished by me is found false or facts were suppressed or misrepresented.
..............................................
(Signature of the owner) .
Place....................................................... Name:.....................................................................
Date:........................................................ Address................................................................ Center|Iലഘുചിത്രം CenterIലഘുചിത്രം Panchayat:Repo18/vol1-page0863 Panchayat:Repo18/vol1-page0864 Panchayat:Repo18/vol1-page0865
