PERMIT

4. Essentiality of permit- 

1. No person shall develop or redevelop any parcel of land or cause the same to be done without first obtaining a permit for each such development or redevelopment from the Secretary'

2. No person shall construct or reconstruct or make addition or extension or alteration to any building or cause the same to be done without first obtaining separate building permit for each work form the Secretary.

Provided that work using material of the same nature and value to keep the building as such without enhancing its value and without changing its occupancy and usage and which do not affect the position or dimension of a building or any room therein shall not be deemed to be a construction or reconstruction or addition or alteration for the purpose of this rule.

Provided further that changing of roof by using a different material, fitting of rolling shutters, building of walls using a different material and other similar works which enhance the value of the building to any extent shall not be treated as repair but as a new construction.

5. Application for development permit 

i. Every person other than a Central or State Government Department who intends to develop or re develop any parcel of land shall apply in writing to the Secretary in the form in Appendix A and such application shall be accompanied by plans and statements in duplicate as required under these rules and documents to prove the ownership of the land concerned and payment of application fee as specified in Schedule I.

ii. In the case of any development or redevelopment of land by Central or State Government Departments, the officer authorised shall submit to the Secretary a set of layout plan or plans of the proposed plot subdivisions and all other details with a certificate issued by the Chief Architect or the Engineer in charge of the works to the effect that the plans are in conformity with the provisions of these rules in all respects including conformity to any development plans prepared for the area.

iii. In the case of layout or plot sub-divisions by any Defence Organisation the officer in charge of the organisation shall submit to the Secretary a set a set of layout plan or plans of the proposed plot subdivisions giving general indication s whether the purpose is residential or otherwise for enabling the Secretary to estimate the requirements providing services and infrastructure to that area.

iv. In the case if layouts or plot subdivisions by Municipality, the Secretary may approve the plans of the proposed work with his certificate on the plans to the effect that the proposed work is conformity with the provisions of these rules.

v. In the case of an application for development or redevelopment of any land within a distance if 100 meters from any property maintained by Defense establishment, the Secretary shall consult the officer-in-charge of such establishment before the permission is granted. Such officer shall furnish his reply within thirty days form the date of receipt of the consultation letter if such establishment has any objection to the proposed development. The objection, if any, raised by the officer within the said thirty days shall be duly considered by the Secretary before issuing permit.

vi. In the case of an application for development or redevelopment of any land within 30 meters form any property maintained by Railways, the Secretary shall consult the Railway Authority concerned before the permission is granted. Such Authority shall furnish his reply within thirty days from the date if receipt of the consultation letter if the authority has nay objection to the proposed development. The objection, if any, raised by the Railway Authority within the said 30 days shall be duly considered by the Secretary before issuing permit.

vii. In case where final remarks are nor received within the 30 days time the Defence Officer or Railway Authority as in sub rule (5) (6), the Secretary may delay final decision, if any interim reply is received from the concerned Defence/Railway Authority.

viii. If the application is for layout and usage of plot approval, the Secretary shall forward the same to the Chief Town Planner or District Town Planner as the case may be, with his remarks. 

6. Site plan, Service Plan, etc to be submitted. 

1 An application for a development permit shall be accompanied by site plan, service
plan, together with details and specifications as described below: 

A. The site plan shall be drawn to a scale of not less than 1:400 and shall be fully dimensioned and shall show:

(i) The boundaries of the plot and of any contiguous land belonging to the owner thereof, including the revenue survey particulars in full;

(ii) The position of the sire in relation to the neighboring street and its main access;

(iii) The name if such street, if any, and its width, which shall be the width in between the plot boundaries on the opposite sides;

(iv) All existing structures in the plot;

(v) All existing streets of foot-paths within the plot;

(vi) The layout of cul-de-sac, streets, or foot-paths within, adjoining of terminating at the site, existing, proposed to be widened or newly aligned;

(vii) The proposed plot sub-division, if any, and the areas and uses of each sub division thereof;

(viii) The access to each plot sub-division, if any

(ix) The layout of any service roads or foot paths and public parking spaces proposed or existing, if any;

(x) The area and location of any land within the plot that is undevelopable such as
rocky outcrops, steep terrains, marshes, etc.

(xi) The area and location of any land within the plot that is not proposed to be developed or redeveloped.

(xii) The area and location of any land that is proposed to be reclaimed.

(xiii) The area and location of any paddy fields and/ or other agricultural land that
are proposed to be reclaimed and/or converted for the said development or re-development.

(xiv) The north direction and predominant wind direction in relation to the site.

(xv) Topographic contours (with interval not less than 1.5m to show the features of the plot clearly) of the site and any other relevant information of the plot not specifically mentioned, but may be required by the Secretary. 

Note: - The site plan shall be accompanied by a key map drawn to a scale/appropriate to a scale 1:4000 giving full details of the location of the site with reference to all adjacent streets, premises and landmarks within a distance of 30m of the plot together with the details of the land use of the adjoining premises, on all sides. 

2 The service plan shall be drawn to a scale not less than that of the site plan, and
shall show- 

(i) The proposed plot sub-division, if any, and the uses of such sub-division

(ii) The layout of existing and proposed water supply, electricity, drainage and sewerage main lines from or to which connections are proposed to be given with dimensions and specifications;

(iii) The layout of existing and proposed water supply, drainage and sewerage lines within the plot, with dimensions, specifications and description of installation;

(iv) Any other relevant information not specifically mentioned but may be required by the Secretary; and

(v) The north direction and predominant wind direction in relation to the site;

Note: - The minimum size of the paper in which all site plans or service plans are drawn shall not be less than 24 cms x 33 cms.

3 All plans, drawings and specifications shall be signed by a registered Architect or
Engineer or Town Planner or Supervisor. 

4 If the plot is owned by more than one person, the application shall be submitted jointly and signed by all the such persons. 

5 If the application is for development or redevelopment of more than one adjoining
plots owned by different persons, the application shall be submitted jointly and signed by all the persons. 

6 In case the development or redevelopment proposed is within 100 meters of any
property maintained by Defense establishment or 30 meters from any property
maintained by Railway Authority, thee applicant shall submit sufficient number of
drawing along with the application and the Secretary shall transmit the same to the
officer in charge of the Defense establishment or Railway authority as the case may be, for remarks as specifications in sub-rules (5) and (6) of rule 5. 

7 The Secretary shall, after considering the application, plans and drawings and other
documents issue development permit in the form in Appendix-B. 

7. Application for building permit 

1. Every person other than a Central or State Government Department who intends
to construct or reconstruct a building or make alteration or addition or extension to a building shall apply in writing to the Secretary in the form in Appendix A together with plans and statements in duplicate as required under these rules and documents to prove ownership of the land concerned and payment application fee as in Schedule I. 

2. In the case of any construction by Central or State Government Department, the
officer authorized shall submit to the Secretary a set of plans of the proposed building along with a certificate issued by the Chief Architect or the Engineer in charge of the works to the effect that the plans are in conformity with the provision of these rules in all respects including conformity to any Development plan prepared for the area. 

3. In the case of construction by any Defense Organization, the Officer in charge of the Organization shall submit to the Secretary a set of building plans giving general indications whether they are residential or otherwise for enabling the Secretary to estimate the requirement of water, electricity and sewage disposal. 

4. In the case of any construction of building by the Municipality, the Secretary may approve the plans with his certificate on the plans that the proposed building is in conformity with the provisions of these rules. 

5. In the case of an application to reconstruct a building or make alteration or addition or extension to a building or make or enlarge any structure within a distance of 100 meters from any property maintained by the Defense establishment, the Secretary shall consult the officer-in-charge of the said establishment, before the permission is granted. Such Officer shall furnish his reply within 30 days from the date of receipt of the consultation letter if such establishment has any objection to the proposed construction. The objections raised by the officer within the said 30 das shall be duly considered by the Secretary before issuing permit. 

6. In the case of an application to erect or re-erect a building or make alteration or addition or extension to a building or to make or enlarge any structure within 30 meters from any property maintained by Railways, the Secretary shall consult the Railway Authority concerned before any permission is granted. Such Authority shall furnish his reply within 30 days from the date of receipt of the consultation letter if the authority has any objection to the proposed construction. The objection, if any, raised by he Railway Authority, within the said 30 days shall be duly considered by the Secretary before issuing permit. 

7. In cases where final remarks are not received within the 30 days time from the Defense Officer/Railway Authority as in sub rule (5) or (6) the Secretary may delay final decision in the application for permit, if any interim reply is received from the Defense/Railway Authority. 

8. If the application is for approval of plot or building requirements and for the usage of plot, the Secretary shall forward the same to the Chief Town Planner or the District Town Planner concerned with his remarks. 

9. The application for building shall be accompanied by documentary evidence of ownership of plot and the site plan, building plan services plan, parking plan wherever the building requires parking space as per rules, together with details and specifications as described below: - 

A. The site plan shall be drawn to a scale of not less than 1,4000 and shall be fully dimensioned and shall show- 

i. The boundaries of the plot and of any contiguous land belonging to the owner thereof, including the revenue survey particulars; 

ii. The position of the plot in relation to neighboring street; 

iii. The name, if any, of the street along which the building is proposed and the width of the street which shall be the width in between the plot boundaries on opposite sides; 

iv. All existing buildings standing on, above or below the ground level; 

v. The position of the building which the application intends to erect upon his contiguous land in relation to - 

(a) The boundaries of the plot in case the site has been partitioned the boundaries of the portion owned by the applicant and to the portion owned by others; 

(b) All adjacent streets, buildings (with number of storey and premises within a distance of 12 meters of the plot and other contiguous land (if any); 

(c) The nearest existing street, if there is no street within distances of 12 meters of the plot and of contiguous land (if any); 

vi. The width of the street, if any in front side or rear of the buildings; 

vii. Free passage or way in front of the buildings; 

viii. Space to be left around the building ot secure a free circulation of air and admission of light; 

ix. Spaces proposed as garden; 

x. The position and form of kitchen, out-houses, external staircases, latrines, urinals, drains, cesspools, cattle sheds, tables, wells and other appurtenances of the building; 

xi. North direction in relation to the site; 

xii. Such other particulars as may be required by the Secretary; 

Provided that when circumstances are such as to make a smaller plan necessary of sufficient, the plan may be drawn to a scale of 1:800 with the permission of the Secretary; 

B. The plans, elevations and sections in the building Plan of the buildings accompanying, the application shall be accurately drawn of a scale of not less than
1:100, and shall, - 

i. Include floor plans all floor together with the covered area, accessory building and basement floor, if any, and such drawings shall clearly indicate the sizes and spacing o all framing members, size of rooms, position of staircases, ramps and lift wells; 

ii. Show the use or occupancy of all parts of the buildings; 

iii. Show the exact location of essential services like water closets, sink and bath; 

iv. Include sectional drawings showing clearly the sizes of footings, thickness of basement wall, wall construction, size and spacing of framing members floor slabs and roofs with their materials and the section shall indicate the height of buildings and rooms and also the height of the parapet; 

v. Show all street elevation; 

vi. Give dimensions of the projected portions; 

vii. Include a terrace plan indicating the drainage and the slope of the roof; 

viii. Show the direction of north line relative to the plan of the building, and;

ix. Specify total floor area of the building and carpet area of the building; 

C. Service plan shall be drawn to the same scale as the site plan and shall include plans and sections of private water supply and sewage disposal system. 

D. Parking plan shall be drawn to a scale not less than that of the site plan, in cases
where parking is to be provided as per these rules, and shall show clearly the parking spaces, drive-ways and maneuvering spaces. 

E. Specification shall include specifications of both general and detailed nature giving
type and grade of materials to be used. 

Note:- The minimum size of paper on which all site plans, building plans parking plans are drawn and shall not be less than 24cms x 33cms. 

10. All plans, drawings and design and design calculations shall be signed by a registered Architecture, Engineer, Town Planner or a Supervisor, unless otherwise specified. 

11. site plan shall be signed by the owner/applicant also in all cases. 

12. if the plot is owned by more than one person, the application shall be submitted jointly and signed by all the persons. 

13. if the application is for construction or reconstruction of a single building or block of buildings in more than one adjoining plots owned by different persons, or to make addition or extension or alteration to such building the application shall be submitted jointly and signed by all the persons. 

14. Application for site approval and issue of permit shall be submitted in the form
in Appendix A 

15. If the construction proposed is within 100 metes form any property maintained
by defense establishment or 30 meters from any property maintained by Railway Authority, the applicant shall submit sufficient number of drawings along with the application and the Secretary shall transmit the same to the officer in charge of the Defense establishment or Railway authority, as the case may be, for remark as specified in sub-rules (5) or (6). 

8. Parts to be included for calculating floor area ratio 

In the calculation of floor area og buildings the following shall be taken into account,
namely:- 

(a) General;

(i) The total floor area of building shall be the sum total of floor areas at every floor including basement, if any;

(ii) All internal sanitary shafts, air conditioning ducts and lifts shall be included in all the floor levels;

(iii) The area of 'Barsati' or penthouse at terrace floor level shall be included in the floor area; and

(iv) Towers, turrets, domes, etc projecting above the terrace shall not be included
in the floor area at terrace level; 

(b) Floor area of ground floor;

(i) The floor area of ground floor shall be calculated at the plinth level excluding the
plinth off-sets (if the off-set does not exceed 5cm).

(ii) In cases where the building consists of columns projecting beyond cladding the floor area shall be taken up to the external of the cladding and shall not include the projections of columns;

(iii) If open verandas with parapets are provided at the ground floor, projecting out of the building surface, the full floor area shall be taken at the outer line of the external veranda lintel and 50% of the area shall be taken, if there are not sunshades or balconies projecting to protect the verandas; and

(iv) Open platforms and terrace at ground floor and porches shall not be included in
the floor area; 

(c) Floor area of upper floor;

(i) The floor area of upper floors shall be calculated at the relevant floor levels architectural bands, cornices, etc., shall not be included in the floor area, vertical sun breakers or box louvers also shall not be included; and

(ii) In the case of projecting balconies protected by full width sunshades or full width roof projections or by upper balconies, their full area may be included in the floor area and in the cases of unprotected balconies 50% area may be included. 

(d) Floor area of galleried, mezzanine floors and lofts:- 

(i) Area of galleries, i.e., upper floor of seats in an assembly hall, auditorium etc, shall be fully included in the floor area;

(ii) Area of mezzanine floors shall be included in the floor area; and

(iii) The area of lofts shall not be included.

9. Certain operational constructions by Government of be exempted from these rules:- 

The following operational constructions of the Central or State Government, whether
temporary or permanent which is necessary for the operation, maintenance, development or execution of any of the following services shall be exempted from these rules, namely:- 

(a) Railway;

(b) National Highways;

(c) National Waterways;

(d) Major Ports;

(e) Airways and Aerodromes;

(f) Posts and telegraph, telephones, wireless, broadcasting and other like forms of
communications;

(g) Regional grid for electricity;

(h) Any other service which the State Government may, if it is of opinion, that the
operation, maintenance, development or execution of such service is essential to the life of the community by notification, declare to be a service for the purpose of this clause;

Provided that wherever approval of a plot or boundary requirement or usage of a plot
is required from the Chief Town Planner or District Town Planner, application shall be
submitted through the Secretary;

Provided further that the following constructions by the services do not come under
the purview of operational construction namely:- 

(i) New residential colonies, new residential building (other than temporary shelters which are used for essential operational quarters for limited essential operational staff and the like) roads and drains in railway colonies, community halls, hospitals, clubs, all type of educational institutional and offices, shopping complexes, railway mail service offices, parcel offices; and

(ii) Post offices, other type offices of Posts and Telegraphs Department, residential
colonies;

10. Permit not necessary for certain work:- 

Notwithstanding anything contained in these rules, no building permit shall be necessary for executing the following works which do not otherwise violate any provisions regarding general building requirements, structural stability and fire safety requirements of the rules, namely:- 

(i) Providing or removing of windows or doors or ventilators;

(ii) Providing inter-communications doors;

(iii) Providing partitions;

(iv) Gardening excluding any permanent structures;

(v) White or colour washing;

(vi) Painting;

(vii) Petty repairs to the building and pitched roof;

(viii) Plastering and patch work; and

(ix) Interior decoration without any structural alterations; 

Provided that the details of such alterations under item (ix) shall be intimated to the Secretary within ten days before the commencement of such work, with particulars regarding the existing conditions in full so as to enable him to make an assessment of the nature of work. If the Secretary has any objection it shall be communicated to the applicant within ten days. 

11. Approval of site and plans and issue of permit:- 

(1) The Secretary shall, after inspection of the site and verification of the site plan and documents, if convinced of the bonafides of the ownerships of the site, and that the site plan, drawing and specifications conforms to the site and the provisions of these rules or bye laws made under the Act and any other law, approve the site and the site plan.

(2) The Secretary shall , after approving the site and site plan verify whether the building plan, elevation and sections of the building and specifications of the work
confirms to the site and site plan, and is in accordance with these rule and bye laws made under the Act or any other law, approve the plan and issue permit to execute the work.

(3) Approval site and plans shall be intimated to the applicant in writing and the permit
as in Appendix C shall be issued on remittance of the permit fee at the rate specified in Schedule 2 and submission of revised or modified plans, if approved with modifications or conditions.

(4) If after inspection of the site and verification of plans and documents, Secretary
decides to refuse approval, the same shall be communicated in writing specifying the reasons.

(5) Secretary shall, if modifications to any plan, drawing or specification is required or
any further document or plan or information is required or fresh plan is required under these rules for taking a decision, intimate the same to the application in writing within 10 days from the date of receipt of such application or plan or document or information. 

12. Ground on which approval of site of permission to construct or reconstruct the building may be rejected: - 

The grounds on which the approval site for construction or reconstruct of a building or
permission to reconstruction of a building or permission to construct or reconstruct a building shall be refused are the following: - 

(i) That the work or use of the site for the work or any particulars comprised in the site plan, ground plan, elevations, sections or specifications would contravene provisions of any law or order, rule, declaration, or bye law made under such law;

(ii) That the application for such permission does not contain the particulars or is not
prepared in the manner required by these rules or bye law made under the Act;

(iii) That any of the documents required to be signed by a registered Architect, Engineer, Town Planner or Supervisor or the owner/applicant as required under the Act or these rules or bye laws made under the Act has not been signed by such Architect,
Engineer, Town Planner or Supervisor or the owner/applicant;

(iv) That any information or document or certificate required by the Secretary under
these rules or bye laws made under the Act has not been duly furnished;

(v) That the Owner of the plant has not laid down and made street or streets or road or roads giving access to the site or sites connecting with an existing public or private
street while utilizing selling or leasing out or otherwise disposing of the land or any portion or portions of the same site for construction of the building; 

Provided that if the site abuts on any existing public or private street no such street or road shall be laid down made; 

(vi) That the proposed building would be an encroachment upon a land belonging to the Government or the Municipality; and

(vii) That the land is under acquisition proceedings;

13. Period within approval or disapproval shall be intimated: - 

The Secretary shall, within thirty days from the date of receipt of the application for
approval of site plan, or any information or further information required under these rules, bye laws under the Act, by written order either approve or refuse to approve the site plan on any of the grounds mentioned in rule 12 and intimate the same to the applicant;

14. The period within which Secretary is to grant or refuse permission to execute work: 

The Secretary shall, within thirty days from the date of receipt of an application for
permission to execute any work or any information or document or further information
required under these rules or bye laws made under the Act, by written order either grant or refuse to grant such permission on any of the ground mentioned in the rule 12 and intimate the same to the applicant. Provided that the said 30 days shall not begin to run until the site has been approved under the rule 13.

15. Reference to the council where the Secretary delays to grant or refuse to approve or permit: - 

(1) The Council shall, if the Secretary neither approves nor disapproves a building site,
neither gives nor refuses permission to execute any work within thirty days from the date of receipt of the application, on the written request of the applicant, be bound to determine whether such approval or permission should be given or not.

(2) Where the Council does not within one month from the date of receipt of such
written request, determine whether such approval or permission should be given or not, such approval or permission shall be deemed to have been given, and the application may proceed to execute work, but not so as to contravene any provision of the Act or these rules or bye laws made there under.

16. Suspension and Revocation of permit: - 

The Secretary shall suspend or revoke any permit issued under these rules if it is satisfied that the permit was issued by mistake or that a patent error has crept in it or that the permit was happened to be issued on misrepresentation of fact or law or that the construction of carried on will be a threat to life or property.

Provided that before revoking permit, the owner of the permit shall be given sufficient
opportunity to explain and the explanation shall be duly considered by the Secretary.