Panchayat:Repo18/vol1-page0857
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………………………………………………………