Kerala Panchayat Building Rules 2011
4. Essentialityof permit.-
Unless otherwisespecifically mentioned in these rules,-
(1) No person shalldevelop or re-develop any parcel of land without first obtaining a developmentpermit for each such development or re-development from the Secretary;
(2) No person shallerect or re-erect a building or make alterations to any building or causethe same to be done without first obtaining a separate building permit for eachsuch building from the Secretary;
(3) No person shallchange the occupancy of an existing building from one group toanother, without first obtaining the permit from the Secretary.
5. Application for development permit.-
(1) Every person otherthan a Central or State Government Department who intends to developor redevelop any parcel of land shall apply in writing to the Secretary inthe form set out under Appendix AA and such application shall beaccompanied by plans, drawings and statements in triplicate as required underthese rules and documents to prove the ownership on land concerned andpayment of application fee as specified in Schedule I, along with a copyof the certificate of registration of the Architect or BuildingDesigner or Engineer or Town Planner or Supervisor as the case may be, whohas prepared and signed the Plans, drawings and statements
(2) In the caseof any development or redevelopment of land by Central Government orState Government Department, the officer authorised shall apply in writing tothe Secretary in the form set out under Appendix AA and such applicationshall be accompanied by plans, drawings and statements in triplicate asrequired under these rules and documents to prove the ownership on landconcerned, along with a copy of certificate issued by the Chief Architector the Engineer in charge of the works to the effect that the plans arein conformity with the provisions of these rules in all respects includingconformity to any Town Planning Scheme prepared for the area. Payment of application fee and permit fee as specified in schedule I andschedule II are not necessary in such cases. Signature and/or certificateby the registered Engineer / Architect / Town Planner etc as per these rulesare also not necessary in such cases;
(3) In the case oflayouts or land/plot subdivisions by Defence Organisations the officer incharge of the organisation may submit to the Secretary a set of layout plans orplans of the proposed land/plot sub divisions giving general indicationswhether the purposeis residential or otherwise for enabling the Secretary toestimate the requirements forproviding services and infrastructure to that area;
(4) In the case oflayouts or land/plot subdivisions by Panchayat, the Secretary mayapprovethe plans of the proposed work, with his certificate on the plans to the effectthat theproposedwork is in conformity with the provisions of these rules.
(5) In the case of anapplication for development or re-development of any landwithina distance of 100 metres from any property maintained by Defence establishment,theSecretaryshall consult in writing, the Officer - in - charge of such establishmentbefore thepermission is granted. Such Officer shall furnish hisreply within thirty days from the date ofreceipt of consultationletter if such establishment has any objection to the proposeddevelopment.The objection, if any, raised by the officer within the said thirty days shallbedulyconsidered by the Secretary before issuing permit.
(6) In the case of anapplication for development or re- development of any landwithin30 metres from the boundary of railway track land maintained by Railways, theSecretaryshall consult in writing the Railway Authority concerned before the permissionisgranted. Such officer shall furnish his reply within thirty days from the date ofreceipt of theconsultation letter if such establishment has anyobjection to the proposed development. Theobjection, if any,raised by the Railway Authority within the said 30 days shall be dulyconsideredby the Secretary before issuing permit.
(7) In the case of anapplication for land development or redevelopment in sites,ownedby central government, state government, autonomous bodies,quasi-governmentalagencies, local self government institutions and DevaswomBoards, which are identified oradvised by the Art and Heritage commission as heritagevalue, concurrence of thecommission shall be obtained.
(8) In the case of anapplication for development or redevelopment of any landwithinthe Security Zone, the Secretary shall consult the District Collector concernedbeforepermission is granted. The District Collector, after getting specificrecommendationfrom the Director General of Police, shall furnish hisreply. The objection if any raisedand/or restrictionand/or regulation if any suggested by the District Collector shall becompliedby the Secretary while issuing the permit:
Provided that, in thecase of development or redevelopment for religious purpose orworship,prior approval or clearance or permission and concurrence as the case may be,oftheDistrict Collector concerned shall be obtained and also the conditionsstipulated in the‘Manual of Guidelines to Prevent and Control CommunalDisturbances and to PromoteCommunal Harmony’ which is in force have to be compliedwith. Applications forrenovation without involving additional built-up area orstructural alterations of existingbuildings for religiouspurpose or places of worship can be considered by the secretary afterinformingthe District Collector in form in Appendix - N dulyfilled (in triplicate) by theapplicant and verified by the Secretary. The permit shallbe issued only after the receipt ofthe concurrence by theDistrict Collector.
(9) In case where thefinal remarks are not received within 30 days time from theDefenceOfficer or Railway Authorities as in sub rule (5) or (6), the Secretary maydelayfinaldecision, if any interim reply is received from the Defence/Railway Authorityconcerned.If not the Secretary shall presume that there is no objection and proceed withtheissueof permit as per rules.
(10) The Secretaryshall, if any approval or concurrence from the District TownPlanneror the Chief Town Planner either as per these rules or as per the provisions oftheTownplanning scheme of that area is required for any development, forward theapplicationwith his specific remarks to the District Town planner orthe Chief Town Planner as the casemay be, before issuingdevelopment permit:
Provided that, theSecretary shall forward only those applications to the DistrictTownPlanner or Chief Town Planner, as the case may be, which conform to theserules,includingthe provisions in the Town Planning Schemes.
6. Site Plan/Service Plan, etc. to be submitted.-
1) An application fordevelopmentpermit shall be accompanied by site plan, service plan,together with details andspecifications as described below. In the case of lands proposed to be excavated, filled uporreclaimed, necessary clearance as per Kerala Land Utilisation Act shall also beaccompanied.
(a) thesite plan shall be drawn to a scale of not less than 1:400 and it shall befullydimensioned and shall show:
(i) theboundaries of the plot and of any contiguous land belonging to theownerthereof, including the revenue survey particulars in full;
(ii) theposition of the plot in relation to the neighbouring street and its mainaccess;
(iii) the name of suchstreet, if any ; and its width, which shall be the width inbetweenthe plot boundaries on the opposite sides:
(iv) all existingstructures in the plot;
(v) all existingstreets or foot-paths within the plot;
(vi) the layout ofcul-de-sacs, streets or foot-paths within, adjoining orterminatingat the site, existing, proposed to be widened or newly aligned;
(vii) the proposedland/plot sub-division, if any, and the area and use of eachsubdivision thereof;
(viii) the access toeach land/plot, if any;
(ix) the layout ofservice road or foot-path and public parking space proposedorexisting, if any;
(x) the area andlocation of any parcel of land within the plot that isundevelopablesuch as rocky outcrops, steep terrains, marshes etc;
(xi) the area andlocation of any parcel of land within the plot that is notproposedto be developed or redeveloped;
(xii) the area andlocation of any parcel of land that is proposed to bereclaimed.
(xiii) the area andlocation of any paddy field and/or other agricultural landthatis proposed to be reclaimed and/or converted for the said development orre-development;
(xiv) the northdirection and predominant wind direction in relation to thesite;
(xv) topographiccontours (with contour interval not less than 1.5 metre toshowthe features of the plot clearly) of the site and any other relevantinformation of theplot not specifically mentioned, but may berequired by the Secretary.
Note: The land/plot subdivision plan / site plan shall be accompanied by akeymap drawn to a scale / appropriate to a scale not less than 1:4000 giving fulldetails ofthe location of the site with reference to all adjacentstreets, premises and landmarks within adistance of 30 metresof the plot together with the details of the land use of the adjoiningpremises,on all sides.
(2) The service plan shall be drawn to a scale not less than that of the site plan,andshallshow-
(i) theproposed land/plot sub-division, if any, and the uses of suchsubdivision;
(ii) thelayout of existing and proposed water supply, electricity, drainageand sewerage mains from or to which connections are proposed to be given;
(iii) the layoutof existing and proposed water supply, drainage and seweragelineswithin the plot, with dimensions, specification and description of installation;
(iv) any otherrelevant information not specifically mentioned but may berequiredby the Secretary; and
(v) thenorth direction and predominant wind direction in relation to the site;
Note: - Theminimum size of the paper on which all site plans or serviceplansare drawn shall not be less than 24 cm X 33 cm or A3.
(3) All plans, drawings and specifications shall be signed by a registeredArchitector Building Designer or Engineer or Town Planner or Supervisor as the case maybe,as well as the applicant;
(4) If the plotis owned by more than one person, the application shall besubmittedjointly and signed by all such persons or by any legally authorisedrepresentativeof such person/persons.
(5) If theapplication is for joint development or re-development of more thanoneadjoining plot owned by different persons, the application shall be submittedjointly andsigned by all the persons or by any legally authorisedrepresentative of such persons.
(6) If anyapproval and/or clearance other than that of the Grama Panchayat arerequiredas per these rules and/or any other applicable statutes, the applicant shallsubmitsufficientnumber of drawings along with the application and the Secretary shall transmitthesameto the authority /officer concerned.
(7) The Secretaryshall, after considering the application, plans and drawings andotherdocuments issue development permit in the form in Appendix-B.
7. Applicationfor building permit .-
(1) Every personother than a Central or StateGovernment department who intends to construct orre-construct a building or makealteration or addition or extension to a building shallapply in writing to the Secretary in theform in Appendix Atogether with plans and statements in triplicate as required under theserulesand documents to prove ownership of the land concerned and payment ofapplicationfee as in Schedule I along with a copy of the certificateof registration of the Architect orBuilding Designeror Engineer or Town Planner or Supervisor as the case may be, who haspreparedand signed the plans, drawings and statements.
(2) In the case of anyconstruction by Central or State Government Department, theofficerauthorised shall, before thirty days of commencement of the work submit to theSecretarya set plans of the proposed building along with a certificate issued by theChiefArchitector the Engineer in-charge of the works to the effect that the plans are inconformitywith the provisions of these rules in all respectsincluding conformity to any developmentplan prepared for thearea.
(3) In the case of anyconstruction by any Defence organisation, the officer-in-chargeof the organisation may intimate the Secretary giving general indicationswhethertheyare residential or otherwise for enabling the Secretary to estimate therequirement ofwater, electricity and sewage disposal.
(4) In the case of anyconstruction of building by the Panchayat, the Secretary mayapprovethe plans with his certificate on the plans that the proposed building is inconformitywith the provisions of these rules.
(5) In the caseof an application to construct or re-construct a building or makealterationor addition or extension to a building or make or enlarge any structure withinadistanceof 100 metres from any property maintained by the Defence establishment, theSecretaryshall consult in writing the officer in charge of the said establishment,beforepermissionis granted. Such officer shall furnish his reply within 30 days from the dateofreceiptof the consultation letter if such establishment has any objection to theproposedconstruction.The objections raised by the officer within the said 30 days shall be dulyconsideredby the Secretary before issuing permit. If no objection is receivedwithin the stipulated time, the Secretary shall presumethat there is no objection and proceed with the issue of permit as perrules.
(6) In the case of anapplication to erect or re-erect a building or make alteration oradditionor extension to a building or to make or enlarge any structure within 30 metresfromthe boundary of railway track land maintained by Railways, the Secretary shallconsultinwriting the Railway Authority concerned before any permission is granted. Suchauthorityshall, furnish the reply within 30 days from the date of receipt of theconsultationletter if the authority has any objection to the proposedconstruction. The objection, if any,raised by the RailwayAuthority, within the said 30 days shall be duly considered by theSecretarybefore issuing permit.
(7) In the case ofconstructions or reconstructions in sites owned by centralgovernment,state government, autonomous bodies, quasi-governmental agencies, local selfgovernmentinstitutions and Devaswom Boards, which are identified or advised by the ArtandHeritage commission as having heritage value, concurrence of the commissionshall beobtained,even if it involves only additions, alterations or demolition of existingbuildings inthe site.
(8) In the case of anapplication to construct or reconstruct a building or makealterationor addition or extension within any Security Zone, the Secretary shall consulttheDistrict Collector concerned before permission is granted. The DistrictCollector, aftergetting the specific recommendations from the DirectorGeneral of Police, shall furnish hisreply. The objection ifany raised and/or restriction and/or regulation if any suggested bytheDistrict Collector shall be complied by the Secretary while issuing the permit:
Provided, in the caseof construction of new building or reconstruction or alterationoraddition or extension of existing building for religious purpose or worship,prior approvalor clearance or permission and concurrence as the casemay be, of the District Collectorconcerned shall beobtained and the conditions stipulated in the ‘Manual of Guidelines toPreventand Control Communal Disturbances and to Promote Communal Harmony’ which isinforce have to be complied with. Applications for renovation without involvingadditionalbuilt-up area or structural alterations of existingbuildings for religious purpose or places ofworship can beconsidered by the secretary after informing the District Collector in form inAppendix- N duly filled by the applicant and verified by theSecretary. The permit shall beissued only after the receipt of the concurrence of theDistrict Collector.
(9) In case wherefinal remarks are not received within 30 days from the Defenseofficer/Railway Authority as in sub rules (5) or (6) the Secretary may delayfinal decisionin the application for permit, if any interim replyis received from the Defense/Railwayauthority. If not theSecretary shall presume that there is no objection and proceed with theissueof permit as per rules.
(10) If the applicationis for approval of plot or building requirements and for theusageof land/plot the Secretary shall forward the same to the Chief Town Planner orthe District Town Planner concerned with his specific remarksas provided in these Rules. The Secretary shall, if any approval from theDistrict Town Planner or Chief Town Planner either as per these rules or as per the provisions of the Town Planning Schemeof that area is required for any construction, reconstruction, addition oralteration, forward the application with his specific remarks tothe District Town Planner or Chief Town Planner as the case may be, beforeissuing building permit: Providedthat, the Secretary shall forward only those applications to the District Town Planner or the Chief Town Planner, asthe case may be, which comply with the provisions of these rulesand the Town Planning Schemes.
(11) The applicationfor building permit shall be accompanied by documentary evidence of ownershipof plot and the site plan, building plan, service plan and parking plan whereverthe building requires parking space as per rules, together with detailsand specifications as described below:-
(a) thesite plan shall be drawn to a scale of not less than 1:400 and shall befullydimensionedand shall show –
(i) theboundaries of the plot and of any contiguous land belonging to theownerthereof, including the revenue survey particulars;
(ii) the positionof the plot in relation to the neighbouring street;
(iii) the name,if any, of the street along which the building is proposedandthe width of the street which shall be the width in between the plot boundariesonoppositesides;
(iv) all existingbuildings standing on, above or below the ground level;
(v) the widthof street, if any in front, side or rear of the buildings;
(vi) free passageor way in front of the buildings;
(vii) spaceto be left around the building to secure free circulation of airandadmission of light ;
(viii) spacesproposed as garden;
(ix) the positionof external toilets, cattle sheds, stables, wells and otherappurtenantstructures
(x) north direction inrelation to the site;
(xi) such otherparticulars as may be required by the Secretary:
Provided that whencircumstances warrant so, the plan may be drawn to ascaleof 1:800 with the permission of the Secretary.
(b) theplans, elevations and sections, in the building plan accompanying theapplicationshall be accurately drawn to a scale of not less than 1:100, and shall,-
(i) include floor plans of all floors together with the covered area,accessorybuildings and basement floors, if any, and such drawings shall clearly indicatethe size and spacing of all framing members, size of rooms,position of staircases, ramps and liftwells;
(ii) showthe use or occupancy of all parts of the buildings;
(iii) showthe exact location of essential services like water closets, sinkandbath;
(iv) include sectional drawings showing the lowest ground levelcontiguousto the building, highest ground level contiguous to the building, the height ofrooms,building and parapet, thickness and spacing of structural members, floor slabsandroofand details of staircase
(v) showall street elevations;
(vi) givedimensions of the projected portions;
(vii) include a terrace plan indicating the drainage and the slope of theroof;
(viii) show thedirection of north line relative to the plan of the building;and
(ix) specify total floor area of building and carpet area of the building.
(c) serviceplan shall be drawn to the same scale as the site plan and shall includeplansand sections of private water supply and sewage disposal system.
(d) parking planshall be drawn to a scale not less than that of the site plan, incaseswhere parking is to be provided as per these rules, and shall show clearly theparkingspaces,drive-ways and maneuvering spaces.
(e) specificationshall include specifications of both general and detailed naturegivingtype and grade of materials to be used.
Note:- The minimum size of paper on which all site plans,building plans,parking plans are drawn shall not be less than 24 cm. x33 cm or A3.
(12) All plans,drawings and design calculations shall be certified and signed by aRegisteredArchitect or Building Designer or Engineer or Town Planner or Supervisor,registeredas provided for in these rules unless otherwise specified. Howeverbuildings of floor area up to 50sq:m. are exempted from this provision.
(13) All plans shall besigned by the owner / authorised signatory in all cases.
(14) If the plot isowned by more than one person, the application shall besubmittedjointly and signed by all the persons or by any legally authorisedrepresentativeof such persons.
(15) If the application is for constructionor reconstruction of a single building orblock of buildings inmore than one adjoining plot owned by different persons, or to makeadditionor extension or alteration to such building the application shall be submittedjointlyandsigned by all the persons.
(16) Application forsite approval and issue of permit shall be in the form inAppendixA.
(17) If any approvaland/or clearance other than that of the Village Panchayat arerequiredas per these rules and/or any other applicable statutes, the applicant shallsubmitsufficientnumber of drawings along with the application and the Secretary shall transmitthesameto the authority /officer concerned.
8. Parts to beincluded for calculating floor area.-
In the calculation offloor area of buildings the following shall be taken into account,namely:-
(i) the totalfloor area of a building shall be the sum of the floor areas in allfloors,including basement floors if any;
(ii) all internalsanitary shafts, air conditioning ducts and lifts shall beexcludedin all the floor levels; however area occupied by lift shall be included in anyonefloor;
(iii) the area of`Barsati' or penthouse at terrace floor level shall be includedinthe floor area;
(iv) towers, domes etc;projecting above the terrace shall not be included inthefloor area at terrace level. ; and
(v) area used forparking of vehicles within a building, area of electricalroom,room for air conditioning plant and generator room, shall not be included inthe floor area of any floor.
(b) Floorarea of ground floor:
(i) the floorarea of ground floor shall be calculated at the plinth levelexcludingthe plinth off- sets (if the off-set does not exceed 5 cm.);
(ii) incases where the building consists of columns projecting beyondcladding,the floor area shall be taken up to the external face of the cladding and shallnotincludethe projections of columns;
(iii) in the caseof verandas and balconies with at least one of its sides open(otherthan parapets) to exterior or interior open spaces, only fifty percent of thearea shall betaken into account for calculation of floor area, and
(iv) openplatforms and terraces at ground floor and porches shall not beincludedin the floor area.
(c) Floor area of upperfloor:
(i) thefloor area of upper floors shall be calculated at the relevant floorlevels;architectural bands, cornices etc., shall not be included in the floor area;vertical sunbreakers or box louvers also shall not be included;and
(ii) in thecase of verandas and balconies with at least one of its sides open(otherthan parapets) to exterior or interior open spaces, only fifty percent of thearea shall betaken in to account for calculation of floor area.
(d) Floorarea of galleries, mezzanine floors and lofts: -
(i) area ofgalleries, ie; upper floor of seats in an assembly hall, auditoriumetc,shall be fully included in the floor area;
(ii) areaof mezzanine floors shall be included in the floor area; and
(iii) the area ofloft shall not be included in the floorarea.
9. Certainoperational constructions by Government to be exempted from these rules.-
The operationalconstructions of the Central / State Government, whether temporary or permanentwhich is necessary for the operation, maintenance, development or execution ofanyof the following services shall be exempted from these rules,namely:-
(d) Major Ports;
(e) Airways andAerodromes;
(f) Posts andtelegraph, telephones, wireless, broadcasting and other like formsofcommunications;
(g) Roads, bridges andstreet furniture by the Central Government and/or stateGovernment.
(h) Regional gridfor electricity; and
(i) Any otherservice which the State Government may, if it is of opinion thattheoperation, maintenance, development or execution of such service is essentialto the lifeof the community, by notification, declare to be aservice for the purpose of this clause:
Provided that thefollowing constructions, by the services do not come under thepurviewof operational construction namely:-
(i) Newresidential colonies, new residential buildings (other than temporaryshelterswhich are used for essential operational quarters for limited essentialoperationalstaff and the like), roads and drains in railwaycolonies, community halls, hospitals, clubs, alltypes of educationalinstitutions and offices, reservation counters, retiring rooms, shoppingcomplexes,railway mail service offices, parcel offices; and
(ii) Post offices,other types of offices of Posts and Telegraphs Department,residentialcolonies.
10. Permitnot necessary for certain works.-
Notwithstandinganything contained inthese rules no building permit shall be necessary forexecuting the following works which donot otherwise violateany provisions regarding applicable general building requirements,structuralstability and fire safety requirements of the rules, namely:-
(i) Compound Wallother than that abutting a street.
(ii) Providing orremoving windows, doors or ventilators without affectingstructuralstability;
(iii) Providinginter - communication doors without affecting structural stability;
(iv) Providing orremoving partitions other than load bearing walls;
(v) Gardeningexcluding any permanent structures;
(vi) White orcolour washing;
(viii) Pettyrepairs to the building and pitched roof without affecting structuralstability;
(ix) Plasteringand patch works;
(x) Interiordecoration without any structural alterations;
(xi) Changing thelocation of the building or construction within the plot;
(xii) Huts,except huts adjacent to roads mentioned in section 235P of the KeralaPanchayatRaj Act, 1994.
(xiii) Buildingsin Category –II Village Panchayats under Group A1-Residentialoccupancywith total built-up area on all floors upto 300 sq.metres (including existingandproposedwithin the plot) and the number of storeys limited to two and all single familyResidentialBuildings
(xiv) Buildingsin Category –II Village Panchayats under Group A2 and Foccupancies,poultry farms, livestock farms, traditional coir works, handloom units, cashewprocessingunits, lime kilns, carpentry and smithy units; all of which with total built-uparea on all floors upto 150 sq.metres (including existing andproposed within the plot) and thenumber of storeyslimited to two, except those for religious purpose and /or worship.
Provided that thedetails of works under items (i), (xii), (xiii) & (xiv) shall beintimatedto the Secretary at least ten days before the commencement of such works, withparticularsregarding the existing conditions and proposals so as to enable to makeanassessmentof the nature of the work. If the Secretary has any objection it shall becommunicatedto the owner within ten days:
Provided further that,in the case of works under item (x), photographs of the existingbuildingbefore the commencement of works showing all the locations where works areproposedshall also be furnished along with the above intimation to the Secretary:
Provided also that, inthe case of works under item (x), photographs of the buildingafterthe completion showing all the locations where works are carried out shall beforwardedto the Secretary within ten days after completion of the works:
Provided also that thechange of location under item (xi) shall be incorporated in thecompletionplan.
11. Approvalof site and plans and issue of permit. -
(1) The Secretaryshall, afterinspection of the site and verification of the site planand documents, if convinced of thebonafides of theownership of the site and that the site plan, drawing and specificationsconformto the site and the provisions of these rules or bye laws made under the Actand anyotherlaw, approve the site and site plan.
(2) TheSecretary shall, after approving the site and site plan verify whether thebuildingplan, elevation and sections of the building and specifications of the workconformtothe site and site plan, and are in accordance with these rules and bye lawsmade under theAct or any other law; and approve the plan and issuepermit to execute the work.
(3) Approval ofsite and plans shall be intimated to the applicant in writing andthepermit as in Appendix C shall be issued on remittance of the permit fee at theratesspecifiedin Schedule II and submission of revised or modified plans, if approved withmodificationsor conditions.
(4) If afterinspection of the site and verification of the plans and documents, theSecretarydecides to refuse approval, the same shall be communicated in writingspecifyingthe reasons.
(5) The secretaryshall, if modification to any plan, drawing or specification isrequiredor any further document or plan or information is required or fresh plan isrequiredunderthese rules for taking a decision, intimate the same to the applicant inwriting within10 days from the date of receipt of such application orplan or document or information.
12. Approval of site and plans and issue of permitwhere excavations to a depth of more than 1.5 metres is involved.-
(1) In the case ofconstructions/land developmentswhich involve any earthwork excavation to a depth of morethan 1.5 metres, if the depth ofcutting is more thanthe horizontal distance of such cutting from the plot boundary, thefollowingprovisions shall apply:
Provided that, suchprovisions are not necessary in cases where such excavation iscarriedout for construction of structures such as wells, septic tank, recharge pits,drainageworks,compound walls and the like.
(2) The application forDevelopment and/or building permit shall be submitted bytheapplicant as per the provisions of these rules, along with a certificate of theArchitect,Building Designer, Engineer, Town Planner, Supervisor asthe case may be, who hasprepared and signed the plans, drawings, statements etcas to whether permit as envisagedunder rule 12 isrequired.
(3) The application forpermit shall also include sufficient copies of.-
(i) dimensionedplan(s) and sectional drawing(s) showing the levels anddepthsof cutting at all places in respect of excavations for building constructionand landdevelopmentworks;
(ii) drawings,specifications and details of temporary and permanent protectivemeasures proposed; and
(iii) drawings,specifications and details of slabs, beams, columns,retainingwalls etc. proposed at the ground floor level and below;
(iv) details ofpiles if any, including their drawings, specifications, erectionmethodsand the like.
(4) The Secretaryshall issue permit as laid down in these rules.
Provided that, if anychanges or deviations are to be made, it shall satisfy theprovisionsof these rules and the same shall be intimated to the Secretary with reviseddrawings,specifications and details as the case may be.
(5) The Secretary shallsupply copies of the details specified in sub rule ( 3 ) aboveandthe permit to the adjoining land owners.
(6) Any writtencomplaint received after the date of issue of the permit(s) fromownersor occupants in the adjoining properties on the actual or possible damages totheirlifeand property shall be acted upon by the Secretary as per the provisions in thisrule.
(7) Once the earthworksand/or constructions upto the ground level are completedasper the approved plans, the applicant may in writing intimate the same to theSecretaryand request for concurrence for carrying out rest of theworks. No construction shall becarried out above the ground level until the Secretaryissues such concurrence as inAppendix C1.
(8) The Secretaryshall, if convinced that the works are carried out satisfactorily asperthe permit(s) and provisions of this rule and no written complaint is receivedas in subrule (6), issue concurrence as in Appendix C1 for carryingout the remaining works abovethe ground level as per approved plans within 7 days.
(9) If any complaint isreceived as in sub rule (6), the Secretary shall,-
(i) refer the matterwithin 5 days to the Technical Expert Committeeconstituted as per subrule (13) and convene a meeting of the Committee,
(ii) intimate thenature of complaints to the applicant and call for details andexplanationif so desired by the Committee,
(iii) arrange for siteinspections, hearing of the applicants and/or petitioners,verificationof records and arrange for tests if so required by the Committee and
(iv) take upfurther action as per the recommendations of the Committee.
(10) The applicant(s)and/or the petitioner(s) shall attend the hearing and shall alsoproduceany details called for within the time specified, if so required by theCommittee orthe Secretary on its behalf.
(11) The Committeeshall evaluate the damages and fix the compensation and/orsuggestfurther protective measures, if any, to be taken by the applicant to solve theissuesraisedby the petitioner(s). The amount of compensation shall include the actual costofrestorationas decided by the Committee and an additional 30% as solatium.
(12) Concurrence shallbe issued by the Secretary, after ensuring that the protectivemeasuresare carried out to the satisfaction of the Committee and the compensation ispaidbythe applicant as per the decision of the Committee. The actual expenses of theCommitteeas intimated by the Secretary shall be paid by the applicant.
(13) For the purpose ofthis rule, Government may, constitute Panchayat levelTechnicalExpert Committee(s) comprising of the Secretary (convener), an officer notbelowthe rank of an Assistant Engineer of the Engineering wing of Local SelfGovernmentDepartment having jurisdiction over the area and two experts, one each inStructuralEngineering and Geotechnical Engineering (to be nominated by the Government)to assess the damage, suggest protective measures and fix the compensation.Theprocess of the Committee shall be completed within 3 weeks.
13. Grounds onwhich approval of site or permission to construct or reconstruct building
may be rejected.-
The grounds on whichapproval of site for construction or reconstructionof abuilding or permission to construct or reconstruct a building shall be refusedare thefollowing:-
(i) thework or use of the site for the work or any particulars comprised in the siteplan,building plan, elevations, sections or specifications would contravenethe provisions ofany law or order, rule, declaration or bye law made undersuch law;
(ii) the applicationfor such permission does not contain the particulars or is notpreparedin the manner required by these rules or bye law made under the Act;
(iii) any of thedocuments required to be signed by a registered Architect or BuildingDesigneror Engineer or Town Planner or Supervisor and the owner/applicant as requiredunderthe Act or these rules or bye laws made under the Act has not been signedby such Architect or Building Designer or Engineer or TownPlanner or Supervisor and the owner/applicant;
(iv) any information ordocument or certificate required by the Secretary under theserulesor bye laws made under the Act has not been duly furnished;
(v) the owner of theland has not laid down and made street or streets or road orroadsgiving access to the site or sites connecting an existing public or privatestreet whileutilising, selling or leasing out or otherwise disposingof the land or any portion orportions of the same site for construction ofbuilding:
Provided that if thesite abuts on any existing public or private street no such streetorroad shall be laid down or made;
(vi) the proposedbuilding would be an encroachment upon a land belonging to theGovernmentor the Panchayat;
(vii) the land isunder acquisition proceedings; and
(viii) non remittanceof fee for development permit and building permit, as provided for in theserules as intimated by the secretary.
14. Period withinwhich approval or disapproval shall be intimated.-
The Secretaryshall,within thirty days from the date of receipt of the application for approval ofsiteplan,or any further information required under these rules or bye laws under theAct, bywrittenorder either approve or refuse to approve the site plan on any of the groundsmentionedunder rule 13 and intimate the same to the applicant.
15. Period within which the Secretary is to grant orrefuse permission to execute work.-
The Secretary shallwithin thirty days from the date of receipt of an application for permission toexecute any work or any information or document or further information orfurtherdocument required under these rules or bye laws made under the Act, by writtenordereither grant or refuse to grant such permission on any of the grounds mentionedunderrule 13 and intimate the same to the applicant:
Provided that thesaid thirty days shall not begin to run until the site has beenapprovedunder rule 14.
16. Reference to VillagePanchayat where the Secretary delays to grant or refuse to approve permission.-
(1) The Panchayatshall, if the Secretary makes delay in granting orrefusingapproval for a building site, neither gives nor refuses permission to executeanyworkwithin thirty days from the date of receipt of the application, on the writtenrequest ofthe applicant, be bound to determine whether suchapproval or permission should be givenor not.
(2) Where theVillage Panchayat does not, within one month from the date of receiptofsuch written request, determine whether such approval or permission should begiven ornot,such approval or permission shall be deemed to have been given, and theapplicant mayproceed to execute work, but not so as to contravene anyprovision of the Act or these rulesor bye-laws made thereunder.
Provided that suchexecution of work shall be considered as duly permitted and notonefor regularisation and the permit shall be issued as per rules even if the workhas beencommencedor being carried on or completed if it otherwise complies with the provisionsofrule.
17. Extension andrenewal of periods of permit.-
(1) A developmentpermit or buildingpermit issued under these rules shall be valid for threeyears from the date of issue.
(2) TheSecretary shall, on application submitted within the valid period of thepermit,grant extension twice for a further period of three years each.
(3) The fee forextension of period of permits shall be ten percent of the developmentpermitfee or building permit fee as the case may be, in force at the time of grantingextension.
(4) The Secretaryshall, on application submitted within one year of the expiry of thepermit,grant renewal, once, for a period of three years.
(5) The fee forrenewal of permits shall be fifty percent of the development permitfeeor building permit fee as the case may be, in force at the time of renewal.
(6) Theapplication for extension or renewal of a development permit or buildingpermitshall be submitted in white paper either typed or written in ink, specifyingthe name and address of the applicant, the number and date of issue of permit,the stage ofdevelopment or construction, if alreadycommenced.
(7) Theapplication shall be affixed with necessary court fee stamp and shall containtheoriginal of the permit and approved plan sought to be extended orrenewed.
(8) Thedevelopment work or construction work shall be commenced and completedwithinthe valid period of the permit
Note:- Non commencement of any work within the periodspecified, if any, in apermit issued before the commencement of these rulesshall not be considered as a ban for extension or renewal ofpermit.
(9) Adevelopment permit or building permit issued before or after thecommencementof the Kerala Panchayat Building Rules, 2011 or issued under the KeralaMunicipalityBuilding Rules, including that under the orders of Government or DistrictCollectorgranting exemption from rule provisions, shall be extended or renewed, onproperapplication,on like terms and or like periods as a permit issued under these rules.
(10) In case theperiod of validity stipulated in a permit issued before thecommencementof Kerala Panchayat Building Rules, 2011 is different from that stipulated insubrule (1), then the extension or renewal of the permit shall be granted in sucha way thatthe total valid period of the permit shall not exceednine years.
(11) Theapplication for extension or renewal of a development permit or abuildingpermit shall be signed and submitted by the original owner of the permitor hislegalheir to whom the site devolves or his legally authorised representative and incase theplotconcerned has been transferred by the original owner, the transferee or hislegallyauthorisedrepresentative:
Provided that if theplot or a part of the plot concerned has been transferred, theapplicationfor extension or renewal of permit shall not be accepted and acted upon untilprovisionsof rule 24 has been fully complied with.
18. Suspension andRevocation of permit .-
The Secretary shallstay, suspend or revokeany permit issued under these rules if it is satisfiedthat the permit was issued by mistake orthat a patent error hascrept in it or that the permit was happened to be issued onmisrepresentationof fact or law or that the construction if carried on will be a threat to lifeorproperty:
Provided thatbefore revoking permit, the owner of the permit shall be given 7 daysnotice,and an opportunity of being heard to explain and the explanation shall be dulyconsideredby the Secretary.