CHAPTER II

Layout / Building Permit and Occupancy

4. Building permit --No person shall erect any building or a boundary wall or fencing without obtaining a prior building permit thereof, from the Chief Executive Officer or an Officer authorised by the Chief Executive Officer for this purpose.

5. Application for building permit –

(1) Every person who intends to erect a building within the Area shall give application in the Form given at Appendix – 1

(2) The application for building permit shall be accompanied by documents as mentioned in checklist annexed to Appendix – 1.

(3) Such application shall not be considered until the applicant has paid the fees mentioned in Regulation no. 7.

(4) In case of objections, the fees so paid shall not be refunded to the applicant but the applicant shall be allowed to resubmit the plan without any additional fees after complying with all the objections within a period of one year from the date of receipt of the objection order.

(5) No application for building permit shall be necessary for the following additions / alterations provided they do not violate any of the provisions regarding general building requirements, structure stability and fire safety requirements specified in National Building Code--

(a) Whitewashing and painting;

(b) Plastering and patch work;

(c) Renewal of roof at the same height;

(d) Reconstruction of portions of building damaged by any natural calamity to the same extent as previously approved;

(e) Internal additions / alterations within the building envelop certified and supervised by a Licensed Technical Person registered;

(f) Digging or filling of earth;

An intimation to this affect shall be submitted to the Authority in writing before commencement of construction.

6.1 INFORMATION ACCOMPANYING APPLICATION FOR LAYOUT PLAN OR BUILDING PERMIT

(A) Layouts regarding sub–division of land

(I) The site plan shall show,

i) the boundaries of the plot and the name and number of the properties and road abutting to the plot;

ii) plot number of the property on which the building is intended to be erected;

iii) all existing buildings and physical features standing on, over or under the site;

iv) building envelope at each floor level in relation to the site;

v) the total plot area and the break-up of area under different uses, roads and open space with their percentages in terms of the total area of the plot;

vi) total floor area ratio, ground coverage and height of the building on each category proposed;

vii) setbacks of total plot as well as individual proposed plots;

viii) details of setback, floor area ratio, ground coverage, on each irregular shaped plots in the proposed layout on at least 1 : 500 scale;

ix) sewerage and drainage lines upto discharge point and water supply lines;

x) details of boundary wall, plinth, culvert and ramp, trees;

xi) scale used and the direction of north point relating to plan of proposed building;

xii) parking plans indicating the parking spaces for all the buildings;

xiii) landscape plan;

xiv) location and size of temporary structures like stores, labour hutments, site office and such like, and

xv) electrical load requirement.

2. Building Plan : For any proposed structure requirement of building plan shall be as per clause 6.1 (B), 6.1 (C) and 6.1 (D) as the case may be.

3. Service Plans – Details of private water supply and sewage disposal system independent of the Municipal Services, if any and rain water harvesting system & solar passive architecture as per Uttar Pradesh Government orders.

4. Specification – General specification of materials to be used in different parts of the building as given in Appendix -6.

5. Documents as per Checklist 1C annexed to Appendix 1.

(B) Residential building on plots other than group housing (flatted):

1. The plan shall show--

1. Key Plan – A key plan drawn to a scale of not less than 1:10,000 shall be submitted along with the application for a development / building permit showing the boundary locations of the site with respect to neighbourhood landmarks;
2. the boundaries of the plot and the name / number of the properties and road abutting the plot;
3. plot number of the property on which the building is intended to be erected;
4. all existing building and physical features standing on, over or under the site,
5. building envelope at each floor level in relation to the site,
6. the total plot area and the break-up of covered areas on each floor with their percentages in terms of the total area of the plot;
7. total height of the building;
8. setbacks;
9. details of projections and structures in setbacks;
10. sewerage and drainage lines upto discharge point, rain water harvesting and water supply lines;
11. details of boundary wall and its plinth, culvert and ramp, trees, concealing of water tank on roof with jaali;
12. car parking, if applicable;
13. scale used and the direction of north point relating to plan of proposed building;

2. Document as per Checklist 1-B enclosed with Appendix -1.

3. Specification: General specification of material to be used in different parts of the building as given in Appendix -6.

C. Other buildings

I. The site plan shall show:--

1. the boundaries of the plot and the name / number of the properties and roads abutting to the plot;

2. plot number of the property on which the building is intended to be erected;
3. all existing buildings and physical features standing on, over or under the site;
4. building envelope at each floor level in relation to the site;
5. the total area and the break-up of covered areas on each floor with their percentages in terms of the total area of the plot;
6. total height of the building;
7. setbacks;
8. details of projections and structures in setbacks;
9. sewerage and drainage lines upto discharge point and water supply lines;
10. details of boundary wall, plinth, culvert and ramp, trees;
11. scale used and the direction of north point relating to plan of proposed building;
12. parking plan indicating the parking spaces of all the buildings;
13. landscape plan;
14. location and size of temporary structures like stores, labour hutments, site office; and
15. electrical load requirement.

(2) Building Plan –The plan of the building, elevations and sections accompanying the application shall be drawn to a scale not less than 1:200

(i) the plan shall include the floor plans of building floors together with the covered area;

(ii) the plan shall specify the use of all parts of the building;

(iii) the plan shall show water supply, sewerage, drainage lines and the like;

(iv) the plan shall include sectional drawing showing clearly the thickness of walls, size and spacing of framing members and floor slabs. The sections shall also indicate the height of the rooms and the parapet. At least one cross section shall be taken through the staircase;

(v) the plan shall show all street elevations;

(vi) the plan shall include terrace plan indicating the drainage and the slope of the roof;

(vii) the plan shall give dimension of the permissible projections in setbacks;

(viii) the plan shall give direction of the north point in relation to the plan and scale used.

(3) Building plans for all types of multi – storeyed buildings–For multi –storeyed buildings which are more 15 meters in height, the following additional information shall be indicated in the building plans in addition to those mentioned in clause (2);

1. access for fire appliances and vehicles and details of vehicular turning circle and clear motorable access way around the building;
2. size (width) of main and alternate staircase along with balcony, corridors and ventilated lobby approach;
3. location and details of lift enclosures;
4. location and size of fire lift;
5. smoke stop lobby doors, if provided;
6. refuse area, refuse chutes, refuse chamber, service ducts, etc. if any;
7. air conditioning system, if provided, with position of dampers, mechanical ventilation system, electrical services, boilers, gas pipes or the like;
8. details of exits including provision of ramps for hospital and special lifts;
9. location of generator, transformer and switch gear room;
10. smoke exhauster system, if any;
11. details of fire alarm system;
12. location of centralized control, connecting all fire alarm system, built in fire protection arrangements and public address system;
13. location and dimension of static water storage tank and pump rooms with fire fighting inlets for mobile pump and water storage tank;
14. location and details of first aid fire fighting equipment and installations;
15. location and details of fixed fire protection installations such as sprinklers, wet risers, hose –reels, drenchers, CO₂installation, etc.

4. Service Plans – Details of private water supply and sewage disposal system independent of the Municipal Services, if any and rain water harvesting system and solar passive architecture as per the Government of Uttar Pradesh orders.

5. Specification – General specification of materials to be used in different parts of the building as given in Appendix -6.

6. Documents as per Checklist 1B annexed to Appendix 1.

(D) Temporary Building

(1) The site plan shall show:--

i) the boundaries of the plot and the name / number of the properties and roads abutting to the plot;

ii) plot number of the property on which the building is intended to be erected;

iii) all existing buildings and physical features standing on, over or under the site;

iv) total height of the building;

v) setbacks;

vi) details of projections and structures in setbacks;

vii) sewerage and drainage lines upto discharge point and water supply lines;

viii) scale used and the direction of north point relating to plan of proposed building;

ix) location and size of temporary structures like stores, labour hutments, site office or such like temporary structures.

2. Building Plan –The plans shall be submitted for building other than labour hutment. The plan of the building, elevations and sections accompanying the application shall be drawn to a scale not less than 1:200

1. the plan shall include the floor plans of building floors together with the covered area;
2. the plan shall specify the use of all parts of the building;
3. the plan shall show water supply, sewerage, drainage lines and the like;
4. the plan shall include sectional drawing showing clearly the thickness of walls, size and spacing of framing members and floor slabs. The sections shall also indicate the height of the rooms and the parapet;
5. the plan shall show all street elevations;
6. the plan shall give indication of the north point in relation to the plan and scale used.

3. Specification –General specification of materials to be used in different parts of the building as given in Appendix -6.

4. Documents as per Checklist 1 D annexed to Appendix 1.

6.2) Site – plan shall be drawn to a scale as follow:

TABLE

Site area	Scale
Up to 0.1 hectare	Not less than 1:200
Up to 0.1 hectare-1 hectare	Not less than 1:500
More than 1 hectare	Not less than 1:1000

6.3) Recommended
notation for colouring of plans –

The
site and building plans shall be coloured as specified in the table given below where items of
work are not identified, the colouring notation used shall be
indexed:

6.4) Preparation and signing of Plans –

All plans shall be prepared and signed by Licensed Technical Person as per Appendix – 12.

7. Building permit fee, completion fees, temporary structures permit fees and calculation thereof –

(1.) Applicant shall deposit building permit fees as follows:

(i) Residential buildings Rs. 2/- per square meter covered area on all floors.

(ii) Commercial buildings Rs 10/- per square meter covered area on all floors.

(iii) For all other type of buildings Rs. 5/- per square meter covered area on all floors.

(iv) For layout plan – Rs. 1/- per square meter for plot area upto 10.0 acres and Rs. 0.50 per square meter for area above 10.0 acres.

(2.) If the use of the building is changed then the fee in case of additions and alternation of building, shall be calculated with reference to the use proposed.

(3.) In case of re-erection of existing building after demolition, fees chargeable shall be the same as erection of new buildings.

(4.) The fee for revised plan of a building which has already been sanctioned, shall be one fourth of the fee chargeable on the sanctioned plan, subject to the condition that the covered area of the building has not increased than in the original sanctioned plan.

(5.) The area covered in the basement, as the case may be, shall be counted towards the covered area for purpose of calculation of fees.

(6.) The fee in case of buildings with principal and subsidiary occupancies, in which the fees leviable are different than the fees for the total building schemes, shall be as per the rates for individual occupancies.

(7.) The revalidation fee of a building permit shall be 10 per cent of the original building permit fee paid with the application, if the application is made within the period of validity of the building permit. In case the building is under construction as per the sanctioned plans and the application is made after the validity period from the date of sanction then the revalidation fee shall be original building permit fee.

(8.) In case of construction without applying for building permit a penalty at the rate of Rs. 1000/- per square meter of covered area shall be levied, provided all the provisions as per Building Regulations are complied with.

(9.) In case of construction without revalidation, a fess of Rs 20 per square meter of covered area shall be levied if all provisions as per byelaws are complied with.

(10.) In case of revision in layout plan, revision in layout fees shall be charged 1.25 times for portion of plot area of which the layout is submitted for sanction or completion.

(11.) Malba charges of Rs 13.50 per square meter shall be levied over total covered area for all building. In case of plot size above 2000 square meter the same may be exempted if an affidavit duly notarized, is submitted by applicant that all malba during construction shall be kept within the plot.

(12.) The applicant shall deposit completion fees as follows:

i)Residential buildings:

a. Individual residential plots Rs. 200 only.

b. Group Housing Re 1.0 per square meter of covered area on all floors.

ii) Commercial building Rs 5/- per square meter of covered area on all floors.

iii) For all other type of buildings Rs 2.5 square meter of covered area on all floors.

iv) For layout plan – Rs. 0.5/- per square meter for plot area upto 10.0 acres and Rs. 0.25 per square meter for area above 10.0 acres.

In case even after two objection letters issued by Authority if rectification of all objections is not done then Rs. 500/- shall be levied towards site visit fees for each subsequent visit.

13. The applicant shall deposit 25 percent of the building permit fees for temporary structures other than labour hutments as per individual use of the structure. For labour hutments fees shall be Rs 0.25 per square meter of covered area.

14. Water, sewer and other service connection charge shall be paid as levied by the Authority

15. The Authority may be empowered to revise the fees / charge mentioned in this clause.

8. Withdrawal of application –

The applicant may withdraw his application for a building permit at any time prior to the sanction and such withdrawal shall terminate all proceedings with respect to such applications but the fees paid shall in no case be refunded.

9. Scrutiny of the building permit-

1. The Authorized Officer shall verify or cause to be verified the facts given in the application for permit, and enclosures. The title of the land shall also be verified.

2. The authorized officer shall check the information listed in clause 6-1 (B) for residential buildings on plots (other than Group Housing flatted).
3. For layout plan, other buildings and temporary structures the Licensed Technical Person shall provide the information in clause 6.1(A), 6.1(C) and 6.1(D) respectively and provision of fire safety requirements, public convenience, safety provisions and other relevant laws. The Licensed Technical Person shall also be responsible for all other provisions as per Building Regulations, Planning and Development Directions, National Building Code, Indian Standard Institution standards and such other provisions as required by the Authority from time to time.
4. The Owner and Licensed Technical Person shall jointly indemnify the Authority against violation of these Regulations, Planning and Development Directions and provisions of National Building Code.
5. The Authority, however reserves the right to perform test checks by complete scrutiny of any of the plans submitted for approval.
6. In case of any violation, the Licensed Technical Person shall be black listed under intimation to concerned registration organisation from practicing in the Notified Area for a period of 5 years.
7. In case owner is found responsible for violation, action may be taken as per provision in lease deed.

10. Sanction or refusal of building permit –

1. After filing of the application for building permit duly certified by the Licensed Technical Person as per Appendix 4 the applicant can commence the construction in accordance with the requirements of Zoning Regulations of Master Plan, these Regulations or Planning and Development Directions. In case of any objections are found during scrutiny of the plans, the same shall be got rectified by the applicant and if any violations are found during or after the construction, the owner shall be required to rectify the same to the satisfaction of the Authority within a period of 15 days from the date such violations are intimated to the owner. In case the owner fails to comply, the Authority shall ensure compliance and the expenditure incurred on doing so shall be recovered from the owner before issue of completion certificate.

2. If within thirty days of the receipt of the application, refusal or sanction is not granted, the application with its annexures shall be deemed to have been allowed and the permit sanctioned provided such fact is immediately brought to the notice of the Chief Executive Officer in writing by the applicant within twenty days after the expiry of the period of thirty days but nothing herein shall be construed to authorize any person to do anything in contravention of these Regulations and Planning and Development Directions prepared under Section 8 of the Uttar Pradesh Industrial Area Development Act, 1976.

3. In case of refusal, the Authorised Officer shall give reasons and quote the relevant provision of the regulations which the plan contravenes, as far as possible in the first instance itself and ensure that no new objections are raised when they are re-submitted after compliance of earlier objections.

4. Once the plans have been scrutinised and objections, if any, have been pointed out, the applicant shall modify the plans to comply with the objections raised and re-submit them. If the objections remain unremoved for a period of one year, the permit shall be refused.

11. Appeal against refusal or sanction with modification of a building permit –

Any applicant aggrieved by an order of refusal of a building permit or its sanction with modifications may within thirty days from the date of communication of such order, appeal to the Authority or Officer Authorised in this behalf. The decision of the Authority, on such appeal shall be final, conclusive and binding.

12. Duration of validity of a building permit –

1) A layout plan or building permit sanctioned under these regulations shall remain valid for the period as specified in the lease deed conditions and normally application for Completion Certificate has to be submitted within this period. In special cases or category of cases, depending on the nature of formalities remaining unfulfilled, the Chief Executive Officer may extend this period for submission of completion certificate as he may deem fit. The nature of such formalities and period for extension should be specified by a general order or guideline issued by the Chief Executive Officer. In case part completion has been taken on the plot, then validity of layout plan or building permit shall be for 5 years.

2)Validity of a building permit for a temporary structure shall be 5 years or such period as specified in the lease deed whichever is earlier. If the period specified in the lease deed is less than 5 years then beyond such specified period any request for extension, if any, will be granted only in extraordinary circumstances on a case to case basis by the Chief Executive Officer subject to adequate justification and on payment of prescribed fees. In case period specified in lease deed is more than 5 years then extension shall be granted in multiple of 2 years after approval of the Chief Executive Officer.

3) After lapses of validity period the applicant shall be liable to remove all such structures and completion certificate shall not be granted without removal of such structures.

13. Additional or alterations during construction –

If any external additions or alterations from the sanctioned plans are intended to be made, permission of the Chief Executive Officer shall be obtained in writing before the proposed additions / alterations are carried out. It shall be incumbent upon the applicant to whom a building permit has been sanctioned to submit amended plans for such additions or alterations. The provisions relating to an application for permit shall also apply to such amended plans with modification that the time limit referred to in Regulation 10 (ii) shall be thirty days.

14. Cancellation of permit for building activity –

If at any time after the permit to proceed with any building activity has been sanctioned, the Chief Executive Officer is satisfied that such permit was sanctioned in consequence of any material misrepresentation or fraudulent statement contained in the application given or the information furnished, the Chief Executive Officer may, after opportunity of being heard, cancel such permit and any work done thereunder shall be deemed to have been done without permit. The Licensed Technical Person found responsible for the same shall be blacklisted and debarred for 5 years from practicing in the notified area. If the owner is found responsible for violations, action may be taken as per lease deed.

15. Work to be carried out in full accordance of Zoning Regulations, Building Regulations and Directions –

Neither granting of the permit nor the approval of drawings and specifications, nor inspection made by the Authority during such erection shall in any way relieve the owner of such building from full responsibility for carrying out the work in accordance with the requirements of Zoning Regulations of Master Plan, these Regulations or Planning and Development Directions. In case any violations are found during construction or after obtaining completion the owner shall be required to rectify the same to the satisfaction of the Authority within a period of 15 days from the time such violations are intimated to the owner. In case the owner fails to comply, the Authority shall ensure compliance and the expenditure incurred on doing so shall be recovered from the owner before issue of completion certificate. In case completion certificate has already been obtained, such expenditure shall be recovered from the owner, if not paid within stipulated time, as arrears of land revenue.

16. Documents at site –

The following documents shall be kept at site during the construction of the building and for such a period thereafter as required by the Authority:

i) A copy of building permit.

ii) Copy of approved drawings.

If the above documents are found missing for two consecutive visits by the Authorized Officer of the Authority a penalty of Rs. 1000 shall be levied for each such lapse. In case building permit has not been granted and applicant has applied for building permit then copy of receipt of documents shall be kept.

17. Notice of completion –

Every owner shall have to submit a notice of completion of the building to the Authority regarding completion of work described in the building permit as per Appendix-9 accompanied by the documents as per checklist annexed with Appendix 9.

18. Occupancy certificate necessary for occupation –

No building erected, re-erected or altered, shall be occupied in whole or part until the issue of occupancy certificate by the Chief Executive Officer in the Form given in Appendix -11.

Provided that if the Chief Executive Officer fails to issue the occupancy certificate or send any intimation showing his inability to issue such certificate within 40 days of the date of receipt of completion certificate, the building may be occupied without waiting for such certificate. Intimation to this effect shall have to be sent to the Authority by the owner before occupying the same.

19. Issue of occupancy certificate regarding Multi Storeyed Building –

In the case of building identified in clause 6.1 (C) (3) the work shall also be subjected to the inspection of the Chief Fire Officer, Uttar Pradesh Fire Service and the occupancy certificate shall be issued by the Authority only after the clearance from the Chief Fire Officer regarding the completion of work from the fire protection point of view.