Permit rules of Kerala Panchayat Building Rules 2011



CHAPTER II
Kerala Panchayat Building Rules 2011

PERMIT

 4.  Essentiality of permit.- 

Unless otherwise specifically mentioned in these rules,-

(1) No person shall develop or re-develop any parcel of land without first obtaining a development permit for each such development or re-development from the Secretary;

(2) No person shall erect or re-erect a building or make alterations to any building or cause the same to be done without first obtaining a separate building permit for each such building from the Secretary;

(3) No person shall change the occupancy of an existing building from one group to another, without first obtaining the permit from the Secretary.

 5.   Application for development permit.-     

(1) Every person other than a Central or State Government Department who intends to develop or redevelop any parcel of land shall apply in writing to the Secretary in the form set out under Appendix AA and such application shall be accompanied by plans, drawings and statements in triplicate as required under these rules and documents to prove the ownership on land concerned and payment of application fee as specified in Schedule I, along with a copy of the certificate of registration of the Architect  or Building Designer or Engineer or Town Planner or Supervisor as the case may be, who has prepared and signed the Plans, drawings and statements


 (2) In the case of any development or redevelopment of land by Central Government or State Government Department, the officer authorised shall apply in writing to the Secretary in the form set out under Appendix AA and such application shall be accompanied by plans, drawings and statements in triplicate as required under these rules and documents to prove the ownership on land concerned, along with a copy of 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 Town Planning Scheme prepared for the area.  Payment of application fee and permit fee as specified in schedule I and schedule II are not necessary in such cases. Signature and/or certificate by the registered Engineer / Architect / Town Planner etc as per these rules are also not necessary in such cases; 

(3) In the case of layouts or land/plot subdivisions by Defence Organisations the officer in charge of the organisation may submit to the Secretary a set of layout plans or plans of the proposed land/plot sub divisions giving general indications whether the purpose is residential or otherwise for enabling the Secretary to estimate the requirements for providing services and infrastructure to that area; 

(4) In the case of layouts or land/plot subdivisions by Panchayat, the Secretary may approve the plans of the proposed work, with his certificate on the plans to the effect that the proposed work is in conformity with the provisions of these rules.

(5) In the case of an application for development or re-development of any land within a distance of 100 metres from any property maintained by Defence establishment, the Secretary shall consult in writing, the Officer - in - charge of such establishment before the permission is granted. Such Officer shall furnish his reply within thirty days from the date of receipt of 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.

(6) In the case of an application for development or re- development of any land within 30 metres from the boundary of railway track land maintained by Railways, the Secretary shall consult in writing the Railway Authority concerned before the permission is granted.  Such officer shall furnish his reply within thirty days from 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 Railway Authority within the said 30 days shall be duly considered by the Secretary before issuing permit.

(7) In the case of an application for land development or redevelopment in sites, owned by central government, state  government, autonomous bodies, quasi-governmental agencies, local self government institutions and Devaswom Boards, which are identified or advised by the Art and Heritage commission as heritage value, concurrence of the commission shall be obtained.  

(8) In the case of an application for development or redevelopment of any land within the Security Zone, the Secretary shall consult the District Collector concerned before permission is granted. The District Collector, after getting specific recommendation from the Director General of Police, shall furnish his reply. The objection if any raised and/or restriction and/or regulation if any suggested by the District Collector shall be complied by the Secretary while issuing the permit:   

Provided that, in the case of development or redevelopment for religious purpose or worship, prior approval or clearance or permission and concurrence as the case may be, of the District Collector concerned shall be obtained and also the conditions stipulated in the ‘Manual of Guidelines to Prevent and Control Communal Disturbances and to Promote Communal Harmony’ which is in force have to be complied with. Applications for renovation without involving additional built-up area or structural alterations of existing buildings for religious purpose or places of worship can be considered by the secretary after informing the District Collector in form in  Appendix - N  duly filled (in triplicate) by the applicant and verified by the Secretary. The permit shall be issued only after the receipt of the concurrence by the District Collector.

(9) In case where the final remarks are not received within 30 days time from the Defence Officer or Railway Authorities as in sub rule (5) or (6), the Secretary may delay final decision, if any interim reply is received from the Defence/Railway Authority concerned. If not the Secretary shall presume that there is no objection and proceed with the issue of permit as per rules.

(10) The Secretary shall, if any approval or concurrence from the District Town Planner or the Chief Town Planner either as per these rules or as per the provisions of the Town planning scheme of that area is required for any development, forward the application with his specific remarks to the District Town planner or the Chief Town Planner as the case may be, before issuing development permit:

Provided that, the Secretary shall forward only those applications to the District Town Planner or Chief Town Planner, as the case may be, which conform to these rules, including the provisions in the Town Planning Schemes.

6.  Site Plan/ Service Plan, etc. to be submitted.-     

1) An application for development permit shall be accompanied by site plan, service plan, together with details and specifications as described below.  In   the case of lands proposed to be excavated, filled up or reclaimed, necessary clearance as per Kerala Land Utilisation Act shall also be accompanied.

 (a)  the site plan shall be drawn to a scale of not less than 1:400 and it 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 plot in relation to the neighbouring street  and its main access;

(iii) the name of 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 or foot-paths within the plot;

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

(vii) the proposed land/plot sub-division, if any, and the area and use of each sub division thereof;

(viii) the access to each land/plot, if any;

(ix) the layout of service road or foot-path and public parking space proposed or existing, if any;
(x)  the area and location of any parcel of land within the plot that is undevelopable such as rocky outcrops, steep terrains, marshes etc;

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

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

(xiii) the area and location of any paddy field and/or other agricultural land that is 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 contour interval not less than 1.5 metre 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 land/plot sub division plan / site plan shall be accompanied by a key map drawn to a scale / appropriate to a scale not less than 1:4000 giving full details of the location of the site with reference to all adjacent streets, premises and landmarks within a distance of 30 metres 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 land/plot sub-division, if any, and the uses of such subdivision;

(ii)   the layout of existing  and proposed water supply, electricity, drainage and  sewerage mains from or to which connections are proposed to be given;

(iii)  the layout of existing and proposed water supply, drainage and sewerage lines within the plot, with dimensions, specification 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 on which all site plans or service plans are drawn shall not be less than 24 cm X 33 cm or A3.

 (3)   All plans, drawings and specifications shall be signed by a registered Architect or Building Designer or Engineer or Town Planner or Supervisor as the case may be, as well as the applicant;

(4)  If the plot is owned by more than one person, the application shall be submitted jointly and signed by all such persons or by any legally authorised representative of such person/persons.

(5)  If the application is for joint development or re-development of more than one adjoining plot owned by different persons, the application shall be submitted jointly and signed by all the persons or by any legally authorised representative of such persons.

 (6) If any approval and/or clearance other than that of the Grama Panchayat are required as per these rules and/or any other applicable statutes, the applicant shall submit sufficient number of drawings along with the application and the Secretary shall transmit the same to the authority /officer concerned.

(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 re-construct 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 triplicate as required under these rules and documents to prove ownership of the land concerned and payment of application fee as in Schedule I along with a copy of the certificate of registration of the Architect or Building Designer or  Engineer or Town Planner or Supervisor as the case may be, who has prepared and signed the plans, drawings and statements.

(2) In the case of any construction by Central or State Government Department, the officer authorised shall, before thirty days of commencement of the work submit to the Secretary a set 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 provisions of these rules in all respects including conformity to any development plan prepared for the area. 
    
(3) In the case of any construction by any Defence organisation, the officer-in- charge of the organisation may intimate the Secretary 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 Panchayat, 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 construct or re-construct a building or make alteration or addition or extension to a building or make or enlarge any structure within a distance of 100 metres from any property maintained by the Defence establishment, the Secretary shall consult in writing the officer in charge of the said establishment, before 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 days shall be duly considered by the Secretary before issuing permit.  If no objection is received within the stipulated time, the Secretary shall presume that there is no objection and proceed with the issue of permit as per rules.

(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 metres from the boundary of railway track land maintained by Railways, the Secretary shall consult in writing the Railway Authority concerned before any permission is granted.  Such authority shall, furnish the 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 the Railway Authority, within the said 30 days shall be duly considered by the Secretary before issuing permit. 

(7) In the case of constructions or reconstructions in sites owned by central government, state government, autonomous bodies, quasi-governmental agencies, local self government institutions and Devaswom Boards, which are identified or advised by the Art and Heritage commission as having heritage value, concurrence of the commission shall be obtained, even if it involves only additions, alterations or demolition of existing buildings in the site.  

(8) In the case of an application to construct or reconstruct a building or make alteration or addition or extension within any Security Zone, the Secretary shall consult the District Collector concerned before permission is granted. The District Collector, after getting the specific recommendations from the Director General of Police, shall furnish his reply. The objection if any raised and/or restriction and/or regulation if any suggested by the District Collector shall be complied by the Secretary while issuing the permit:

Provided, in the case of construction of new building or reconstruction or alteration or addition or extension of existing building for religious purpose or worship, prior approval or clearance or permission and concurrence as the case may be, of the District Collector concerned shall be obtained and the conditions stipulated in the ‘Manual of Guidelines to Prevent and Control Communal Disturbances and to Promote Communal Harmony’ which is in force have to be complied with. Applications for renovation without involving additional built-up area or structural alterations of existing buildings for religious purpose or places of worship can be considered by the secretary after informing the District Collector in form in Appendix - N  duly filled by the applicant and verified by the Secretary. The permit shall be issued only after the receipt of the concurrence of the District Collector.

(9)  In case where final remarks are not received within 30 days from the Defense officer /Railway Authority as in sub rules (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. If not the Secretary shall presume that there is no objection and proceed with the issue of permit as per rules.

(10) If the application is for approval of plot or building requirements and for the usage of land/plot the Secretary shall forward the same to the Chief Town Planner or the District Town Planner concerned with his specific remarks as provided in these Rules. The Secretary shall, if any approval from the District Town Planner or Chief Town Planner either as per these rules or as per the provisions of the Town Planning Scheme of that area is required for any construction, reconstruction, addition or alteration, forward the application with his specific remarks to the District Town Planner or Chief Town Planner as the case may be, before issuing building permit:   Provided that, the Secretary shall forward only those applications to the District  Town Planner or the Chief Town Planner, as the case may be, which comply with the  provisions of these rules and the Town Planning Schemes.

(11) The application for building permit shall be accompanied by documentary evidence of ownership of plot and the site plan, building plan, service plan and 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 1:400 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;

(ii)  the position of the plot in relation to the neighbouring 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  width of street, if any in front, side or rear of the buildings;

(vi)  free passage or way in front of the buildings;
  
 (vii)  space to be left around the building to secure free circulation of air and admission of light ; 

(viii)  spaces proposed as garden;

(ix)  the position of external toilets, cattle sheds, stables, wells and other appurtenant structures

(x) north direction in relation to the site;

(xi) such other particulars as may be required by the Secretary:

Provided that when circumstances warrant so, 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 accompanying the application shall 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, accessory buildings and basement floors, if any, and such drawings shall clearly indicate the size and spacing of 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 the lowest ground level contiguous to the building, highest ground level contiguous to the building, the height of rooms, building and parapet, thickness and spacing of structural members, floor slabs and roof and details of staircase

(v)   show all street elevations;

(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 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 shall not be less than 24 cm. x 33 cm or A3.

 (12) All plans, drawings and design calculations shall be certified and signed by a Registered Architect or Building Designer or Engineer or Town Planner or Supervisor, registered as provided for in these rules unless otherwise specified.  However buildings of floor area up to 50sq:m. are exempted from this provision.

(13) All plans shall be signed by the owner / authorised signatory in all cases.

(14) If the plot is owned by more than one person, the application shall be submitted jointly and signed by all the persons or by any legally authorised representative of such persons.

(15) If the application is for construction or reconstruction of a single building or block of buildings in more than one adjoining plot 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.

(16) Application for site approval and issue of permit shall be in the form in Appendix A.

(17) If any approval and/or clearance other than that of the Village Panchayat are required as per these rules and/or any other applicable statutes, the applicant shall submit sufficient number of drawings along with the application and the Secretary shall transmit the same to the authority /officer concerned.

8.  Parts to be included for calculating floor area.-  

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

 (a)  General:

(i)  the total floor area of a building shall be the sum of the floor areas in  all floors, including basement floors if any;
                
(ii) all internal sanitary shafts, air conditioning ducts and lifts shall be excluded in all the floor levels; however area occupied by lift shall be included in any one floor;

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

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

(v)  area used for parking of vehicles within a building, area of electrical room, room for air conditioning plant and generator room, shall not be included in the floor area of any floor. 
   
 (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 5 cm.);

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

(iii)  in the case of verandas and balconies with at least one of its sides open (other than parapets) to exterior or interior open spaces, only fifty percent of the area shall be taken into account for calculation of floor area, and

(iv)  open platforms and terraces 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 verandas and balconies with at least one of its sides open (other than parapets) to exterior or interior open spaces, only fifty percent of the area shall be taken in to account for calculation of floor area.

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

 (i)  area of galleries, ie; 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 loft shall not be included in the floor area.                       


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

The operational constructions of the Central / 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 Highway;
(c)  National Waterways;
(d)  Major Ports;
(e)  Airways and Aerodromes;
(f)  Posts and telegraph, telephones, wireless, broadcasting and other like forms of communications;
(g) Roads, bridges and street furniture by the Central Government and/or state Government. 
(h)  Regional grid for electricity; and

(i)  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 the following constructions, by the services do not come under the purview of operational construction namely:-

 (i)  New residential colonies, new residential buildings (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 types of educational institutions and offices, reservation counters, retiring rooms, shopping complexes, railway mail service offices, parcel offices; and

(ii) Post offices, other types of offices of Posts and Telegraphs Department, residential colonies.

 10.  Permit not necessary for certain works.-  

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 applicable general building requirements, structural stability and fire safety requirements of the rules, namely:-

(i)  Compound Wall other than that abutting a street.
(ii)  Providing or removing windows, doors or ventilators without affecting structural stability;
(iii)  Providing inter - communication doors without affecting structural stability;
(iv)  Providing or removing partitions other than load bearing walls;
(v)  Gardening excluding any permanent structures;
(vi)  White or colour washing;
(vii)  Painting;
(viii)  Petty repairs to the building and pitched roof without affecting structural stability;
(ix)  Plastering and patch works; 
(x)  Interior decoration without any structural alterations;
(xi)  Changing the location of the building or construction within the plot; 
(xii)  Huts, except huts adjacent to roads mentioned in section 235P of the Kerala Panchayat Raj Act, 1994. 
(xiii)  Buildings in Category –II Village Panchayats under Group A1-Residential occupancy with total built-up area on all floors upto 300 sq.metres (including existing and proposed within the plot) and the number of storeys limited to two and all single family Residential Buildings 
(xiv)  Buildings in Category –II Village Panchayats under Group A2 and F occupancies, poultry farms, livestock farms, traditional coir works, handloom units,  cashew processing units, lime kilns, carpentry and smithy units; all of which with total built-up area on all floors upto 150 sq.metres (including existing and proposed within the plot) and the number of storeys limited to two, except those for religious purpose and /or worship.

Provided that the details of works under items (i), (xii), (xiii) & (xiv) shall be intimated to the Secretary at least ten days before the commencement of such works, with particulars regarding the existing conditions and proposals  so as to enable to make an assessment of the nature of the work. If the Secretary has any objection it shall be communicated to the owner within ten days:

Provided further that, in the case of works under item (x), photographs of the existing building before the commencement of works showing all the locations where works are proposed shall also be furnished along with the above intimation to the Secretary:

Provided also that, in the case of works under item (x), photographs of the building after the completion showing all the locations where works are carried out shall be forwarded to the Secretary within ten days after completion of the works: 

Provided also that the change of location under item (xi) shall be incorporated in the completion plan.

 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 ownership of the site and that the site plan, drawing and specifications conform to the site and the provisions of these rules or bye laws made under the Act and any other law, approve the site and 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 conform to the site and site plan, and are in accordance with these rules and bye laws made under the Act or any other law; and approve the plan and issue permit to execute the work.

(3)  Approval of 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 rates specified in Schedule II and submission of revised or modified plans, if approved with modifications or conditions.

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

(5)  The secretary shall, if modification 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 applicant in writing within 10 days from the date of receipt of such application or plan or document or information.

 12.  Approval of site and plans and issue of permit where excavations to a depth of more than 1.5 metres is involved.-  

(1) In the case of constructions/land developments which involve any earthwork excavation to a depth of more than 1.5 metres, if the depth of cutting is more than the horizontal distance of such cutting from the plot boundary, the following provisions shall apply:

Provided that, such provisions are not necessary in cases where such excavation is carried out for construction of structures such as wells, septic tank, recharge pits, drainage works, compound walls and the like. 

(2) The application for Development and/or building permit shall be submitted by the applicant as per the provisions of these rules, along with a certificate of the Architect, Building Designer, Engineer, Town Planner, Supervisor as the case may be, who has prepared and signed the plans, drawings, statements etc as to whether permit as envisaged under rule 12 is required.

(3) The application for permit shall also include sufficient copies of.-

(i)  dimensioned plan(s) and sectional drawing(s) showing the levels and depths of cutting at all places in respect of excavations for building construction and land development works; 

(ii) drawings, specifications and details of temporary and permanent  protective measures  proposed; and

(iii)  drawings, specifications and details of slabs, beams, columns, retaining walls etc. proposed at the ground floor level and below;

(iv)  details of piles if any, including their drawings, specifications, erection methods and the like. 

(4)  The Secretary shall issue permit as laid down in these rules.

Provided that, if any changes or deviations are to be made, it shall satisfy the provisions of these rules and the same shall be intimated to the Secretary with revised drawings, specifications and details as the case may be.  

(5) The Secretary shall supply copies of the details specified in sub rule ( 3 ) above and the permit to the adjoining land owners.

(6) Any written complaint received after the date of issue of the permit(s) from owners or occupants in the adjoining properties on the actual or possible damages to their life and property shall be acted upon by the Secretary as per the provisions in this rule. 

(7) Once the earthworks and/or constructions upto the ground level are completed as per the approved plans, the applicant may in writing intimate the same to the Secretary and request for concurrence for carrying out rest of the works. No construction shall be carried out above the ground level until the Secretary issues such concurrence as in Appendix C1. 

 (8) The Secretary shall, if convinced that the works are carried out satisfactorily as per the permit(s) and provisions of this rule and no written complaint is received as in sub rule (6), issue concurrence as in Appendix C1 for carrying out the remaining works above the ground level as per approved plans within 7 days . 

(9) If any complaint is received as in sub rule (6), the Secretary shall,-
  
(i) refer the matter within 5 days to the Technical Expert Committee constituted as per sub rule (13) and convene a meeting of the Committee, 

(ii) intimate the nature of complaints to the applicant and call for details and explanation if so desired by the Committee,

(iii) arrange for site inspections, hearing of the applicants and/or petitioners, verification of records and arrange for tests if so required by  the Committee and

(iv)  take up further action as per the recommendations of the Committee. 
   
(10) The applicant(s) and/or the petitioner(s) shall attend the hearing and shall also produce any details called for within the time specified, if so required by the Committee or the Secretary on its behalf.
    
(11) The Committee shall evaluate the damages and fix the compensation and/or suggest further protective measures, if any, to be taken by the applicant to solve the issues raised by the petitioner(s). The amount of compensation shall include the actual cost of restoration as decided by the Committee and an additional 30% as solatium.    
    
(12) Concurrence shall be issued by the Secretary, after ensuring that the protective measures are carried out to the satisfaction of the Committee and the compensation is paid by the applicant as per the decision of the Committee. The actual expenses of the Committee as intimated by the Secretary shall be paid by the applicant.

(13) For the purpose of this rule, Government may, constitute Panchayat level Technical Expert Committee(s) comprising of the Secretary (convener), an officer not below the rank of an Assistant Engineer of the Engineering wing of Local Self Government Department having jurisdiction over the area and two experts, one each in Structural Engineering and Geotechnical Engineering (to be nominated by the Government) to assess the damage, suggest protective measures and fix the compensation. The process of the Committee shall be completed within 3 weeks. 

 13. Grounds on which approval of site or permission to construct or reconstruct building
may be rejected.-  

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

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

(ii) 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)  any of the documents required to be signed by a registered Architect or Building Designer or Engineer or Town Planner or Supervisor and 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 or Building Designer or Engineer or Town Planner or Supervisor and the owner/applicant;

(iv) 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) the owner of the land has not laid down and made street or streets or road or roads giving access to the site or sites connecting an existing public or private street while utilising, selling or leasing out or otherwise disposing of the land or any portion or portions of the same site for construction of building: 

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

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

(vii)  the land is under acquisition proceedings; and

(viii) non remittance of fee for development permit and building permit, as provided for in these rules as intimated by the secretary. 

 14. Period within which 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 further information required under these rules or bye laws under the Act, by written order either approve or refuse to approve the site plan on any of the grounds mentioned under rule 13 and intimate the same to the applicant. 

 15. Period within which the 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 or further document 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 grounds mentioned under rule 13 and intimate the same to the applicant: 

 Provided that the said thirty days shall not begin to run until the site has been approved under rule 14.

16. Reference to Village Panchayat where the Secretary delays to grant or refuse to approve permission.-  

(1) The Panchayat shall, if the Secretary makes delay in granting or refusing approval for 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 Village Panchayat 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 applicant may proceed to execute work, but not so as to contravene any provision of the Act or these rules or bye-laws made thereunder.

Provided that such execution of work shall be considered as duly permitted and not one for regularisation and the permit shall be issued as per rules even if the work has been commenced or being carried on or completed if it otherwise complies with the provisions of rule.


 17. Extension and renewal of periods of permit.-  

(1) A development permit or building permit issued under these rules shall be valid for three years from the date of issue.

 (2)  The Secretary shall, on application submitted within the valid period of the permit, grant extension twice for a further period of three years each.

(3)  The fee for extension of period of permits shall be ten percent of the development permit fee or building permit fee as the case may be, in force at the time of granting extension.

(4) The Secretary shall, on application submitted within one year of the expiry of the permit, grant renewal, once, for a period of three years.

(5)  The fee for renewal of permits shall be fifty percent of the development permit fee or building permit fee as the case may be, in force at the time of renewal.

(6)  The application for extension or renewal of a development permit or building permit shall be submitted in white paper either typed or written in ink, specifying the name and address of the applicant, the number and date of issue of permit, the stage of development or construction, if already commenced.   

 (7)  The application shall be affixed with necessary court fee stamp and shall contain the original of the permit and approved plan sought to be extended or renewed. 
(8)  The development work or construction work shall be commenced and completed within the valid period of the permit

Note:-  Non commencement of any work within the period specified, if any, in a permit issued before the commencement of these rules shall not be considered as a ban for  extension or renewal of permit.

 (9)  A development permit or building permit issued before or after the commencement of the Kerala Panchayat Building Rules, 2011 or issued under the Kerala Municipality Building Rules, including that under the orders of Government or District Collector granting exemption from rule provisions, shall be extended or renewed, on proper application, on like terms and or like periods as a permit issued under these rules.

(10)  In case the period of validity stipulated in a permit issued before the commencement of Kerala Panchayat Building Rules, 2011 is different from that stipulated in sub rule (1), then the extension or renewal of the permit shall be granted in such a way that the total valid period of the permit shall not exceed nine years.

(11)   The application for extension or renewal of a development permit or a building permit shall be signed and submitted by the original owner of the  permit or his legal heir to whom the site devolves or his legally authorised representative and in case the plot concerned has been transferred by the original owner, the transferee or his legally authorised representative:

Provided that if the plot or a part of the plot concerned has been transferred, the application for extension or renewal of permit shall not be accepted and acted upon until provisions of rule 24 has been fully complied with.

 18. Suspension and Revocation of permit .-  

The Secretary shall stay, 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 if carried on will be a threat to life or property:

 Provided that before revoking permit, the owner of the permit shall be given 7 days notice, and an opportunity of being heard to explain and the explanation shall be duly considered by the Secretary.




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