chapter -ii application for development /building permit 3 ... law 2012...chapter -ii application...

CHAPTE - II

Application for development / Building permit

3. Building Permit: - No pe son shall e ect any building without obtaining p io building

pe mission in w iting f om the Competent Autho ity duly notified by the Gove nment fo

this pu pose.

4. Application for building permit:-

(1) Eve y pe son who intends to e ect building within the ju isdiction of the Autho ity

shall apply in w iting to the Planning Autho ity in Fo m -1(A).

(2) Such application shall be accompanied by documents in quad uplicate as

mentioned in checklist annexed to Fo m –I (A).

(3) Such application shall not be conside ed until the applicant has paid the fees

mentioned in Annexu e-V.

(4) In case of objections, the fees so paid shall not be efunded to the applicant but

the applicant shall be allowed to esubmit the plan without any additional fees

afte complying with all the objections within a pe iod of one yea f om the date

of eceipt of communication of such objections f om the Autho ities.

(5) No application fo building pe mit shall be necessa y fo the following additions /

alte ations p ovided they do not violate any of the p ovisions ega ding gene al

building equi ements, st uctu e stability and fi e safety equi ements specified in

National Building Code -

(a) Whitewashing and painting;

(b) Plaste ing and patch wo k;

(c) Renewal of oof at the same height;

( ) Reconst uction of po tions of building damaged by any natu al calamity to

the same extent as p eviously app oved;

(e) Inte nal additions / alte ations within the building envelop ce tified and

supe vised by a Licensed Technical Pe son egiste ed;

(f) Digging o filling of ea th;

(6) Intimation to this effect shall be submitted to the Autho ity in w iting befo e

commencement of const uction.

(7) Rega ding submission of plans by the Gove nment Depa tments, the p ocedu e

shall be as given below:

(i) The ope ational const uction / installation of the Gove nment, whethe tempo a y

o pe manent, which is essential fo the ope ation, maintenance, development o

execution of any of the following se vices may be exempted f om the point of view

The Pu ucherry Buil ing Bye-laws an Zoning Regulations, 2012

of the bye-laws, namely:- Railways, National Highways, National Wate ways,

Majo Po ts, Ai -ways and Ae od omes, Posts & Teleg aphs, Telephones, Wi eless,

B oadcasting and othe like fo ms of communication, Regional g id fo elect icity,

Defence and any othe se vice which the Cent al Gove nment / Gove nment of

Puduche y may, if it is of opinion that the ope ation, maintenance, development

o execution of such se vice is essential to the life of the community, by

notification, decla e to be a se vice fo the pu pose of this clause.

In case of const uction / installation whe e no app ovals a e equi ed, the

conce ned agencies which a e exempted f om seeking app oval shall submit the

d awings / plans / details fo info mation and eco d of the Autho ity befo e

const uction / installation.

(ii) The following const uctions of the Gove nment Depa tments do not come unde

the pu view of ope ational const uction fo the pu pose of exemption unde sub-

clause (i), namely:-

(a) new esidential building (othe than gate lodges, qua te s fo limited essential

ope ational staff and the like), oads and d ains in Railway colonies, hospitals,

institutes and schools, in the case of Railways and

(b) a new building, new const uction o new installation o any extension the eof in the

case of any othe se vices.

5. INFO MATION ACCOMPANYING APPLICATION FO LAYOUT PLAN O

BUILDING PE MIT

5.1 The following information shall be accompanied with the application for

layout and building plan

(A) Layouts regarding sub–division of land

(1) The site plan shall show,

(i) the bounda ies of the plot and the name and numbe of the p ope ties and oad

abutting to the plot;

(ii) plot numbe of the p ope ty on which the building is intended to be e ected;

(iii) all existing buildings and physical featu es standing on, ove o unde the site;

(iv) building envelope at each floo level in elation to the site;

(v) the total plot a ea and the b eak-up of a ea unde diffe ent uses, oads and open

space with thei pe centages in te ms of the total a ea of the plot;

(vi) total floo a ea atio, g ound cove age and height of the building on each catego y

p oposed;

(vii) setbacks of total plot as well as individual p oposed plots;

(viii)details of setback, floo a ea atio, g ound cove age, on each i egula shaped plots

in the p oposed layout on at least 1 : 500 scale;

The Pu ucherry Buil ing Bye-laws an Zoning Regulations, 2012 Page 18

(ix) sewe age and d ainage lines upto discha ge point and wate supply lines;

(x) details of bounda y wall, plinth, culve t and amp, t ees;

(xi) scale used and the di ection of no th point elating to plan of p oposed building;

(xii) pa king plans indicating the pa king spaces fo all the buildings; landscape plan;

(xiii) location and size of tempo a y st uctu es like sto es, labou hutments, site office

and the like; and

(xiv)elect ical load equi ement.

(2) Building Plan: Fo any p oposed st uctu e equi ement of building plan shall be as

pe clause 5.1 (B), 5.1 (C) and 5.1 (D) as the case may be.

(3) Service Plans: Details of p ivate wate supply and sewage disposal system

independent of the Municipal Se vices, if any and ain wate ha vesting system and sola

passive a chitectu e as pe the existing Gove nment o de s.

(4) Specification: Gene al specification of mate ials to be used in diffe ent pa ts of the

building as given in Appendix-I, enclosed with the Fo m- I (B).

(5) 3[Documents as pe Checklist annexed to Fo m-I (B)].

(B) esidential buildings on plots other than group housing (flatted):

(1) The plan shall show--

(i) Key Plan – A key plan d awn to a scale of not less than 1:10,000 shall be submitted

along with the application fo a development / building pe mit showing the

bounda y locations of the site with espect to neighbou hood landma ks;

(ii) the bounda ies of the plot and the name / numbe of the p ope ties and oad

abutting the plot;

(iii) plot numbe of the p ope ty on which the building is intended to be e ected;

(iv) all existing building and physical featu es standing on, ove o unde the site,

(v) building envelope at each floo level in elation to the site,

(vi) the total plot a ea and the b eak-up of cove ed a eas on each floo with thei

pe centages in te ms of the total a ea of the plot;

(vii) total height of the building;

(viii) setbacks;

(ix) details of p ojections and st uctu es in setbacks;

(x) sewe age and d ainage lines upto discha ge point, ain wate ha vesting and wate

supply lines;

(xi) details of bounda y wall and its plinth, culve t and amp, t ees, concealing of wate

tank on oof with jaali;

3 Substituted vide G.O. Ms. No. 2/Hg dated 8.1.2013 and published in The Gazette of Puduche y on 9.1.2013


(xii) ca pa king, if applicable;

(xiii) scale used and the di ection of no th point elating to plan of p oposed building;

(2) 4[Document as pe Checklist - 1A enclosed with Appendix -1].

(3) Specification: Gene al specification of mate ial to be used in diffe ent pa ts of the

building as given in Appendix-I, enclosed with the Fo m- I (A).

(C) Other buildings

(1) The site plan shall show:-

(i) the bounda ies of the plot and the name / numbe of the p ope ties and oads




(iv) building envelope at each floo level in elation to the site;

(v) the total a ea and the b eak-up of cove ed a eas on each floo with thei

pe centages in te ms of the total a ea of the plot;

(vi) total height of the building;

(vii) setbacks;

(viii)details of p ojections and st uctu es in setbacks;

(ix) sewe age and d ainage lines upto discha ge point and wate supply lines;

(x) details of bounda y wall, plinth, culve t and amp, t ees;

(xi) scale used and the di ection of no th point elating to plan of p oposed building;

(xii) pa king plan indicating the pa king spaces of all the buildings;

(xiii) landscape plan;

(xiv) location and size of tempo a y st uctu es like sto es, labou hutments, site

office; and

(xv) elect ical load equi ement.

(2) Building Plan – The plan of the building, elevations and sections accompanying

the application shall be d awn to a scale not less than 1:100

(i) the plan shall include the floo plans of building floo s togethe with the

cove ed a ea;

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

(iii) the plan shall show wate supply, sewe age, d ainage lines and the like;

(iv) the plan shall include sectional d awing showing clea ly the thickness of

walls, size and spacing of f aming membe s and floo slabs. The sections

4 Substituted vide G.O. Ms. No. 2/Hg dated 8.1.2013 and published in The Gazette of Puduche y on 9.1.2013


shall also indicate the height of the ooms and the pa apet. At least one c oss

section shall be taken th ough the stai case;

(v) the plan shall show all st eet elevations;

(vi) the plan shall include te ace plan indicating the d ainage and the slope of

the oof;

(vii) the plan shall give dimension of the pe missible p ojections in setbacks;

(viii) the plan shall give di ection of the no th point in elation to the plan and

scale used.

(3) Building plans for all types of Multi storeyed buildings / High rise

buildings- The following additional info mation shall be indicated in the building plans in

addition to those mentioned in clause 5.1.C (2);

(i) access fo fi e appliances and vehicles and details of vehicula tu ning ci cle and

clea moto able access way a ound the building;

(ii) size (width) of main and alte nate stai case along with balcony, co ido s and

ventilated lobby app oach;

(iii) location and details of lift enclosu es;

(iv) location and size of fi e lift;

(v) smoke stop lobby doo s, if p ovided;

(vi) efuse a ea, efuse chutes, efuse chambe , se vice ducts, etc. if any;

(vii) ai conditioning system, if p ovided, with position of dampe s, mechanical

ventilation system, elect ical se vices, boile s, gas pipes o the like;

(viii)details of exits including p ovision of amps fo hospital and special lifts;

(ix) location of gene ato , t ansfo me and switch gea oom;

(x) smoke exhauste system, if any;

(xi) details of fi e ala m system;

(xii) location of cent alized cont ol, connecting all fi e ala m system, built in fi e

p otection a angements and public add ess system;

(xiii) location and dimension of static wate sto age tank and pump ooms with fi e

fighting inlets fo mobile pump and wate sto age tank;

(xiv)location and details of fi st aid fi e fighting equipment and installations;

(xv) location and details of fixed fi e p otection installations such as sp inkle s, wet

ise s, hose – eels, d enche s, CO2 installation, etc.

(xvi)St uctu al design and St uctu al design basis epo t of the building as pe the

p ovisions in Annexu e-I.


(4) “Services plans” – The se vices plans shall include all details of building and

plumbing se vices, and also plans, elevations and sections of p ivate wate supply,

sewage disposed system, waste wate ecycling system and ain wate ha vesting

system.

Note:- A pe son who is engaged eithe to p epa e plan o to p epa e a st uctu al

design and st uctu al design basis epo t o to supe vise the building shall give an

unde taking as p esc ibed in Fo m 8, 9, 10&11.

(5) Specification – Gene al specification of mate ials to be used in diffe ent pa ts of

the building as given in Appendix-1, enclosed with the Fo m -I (A).

(6) Documents as pe Checklist 1B annexed to Appendix -1.

(D) Temporary Building

(1) The site plan shall show:-

(i) the bounda ies of the plot and the name / numbe of the p ope ties and oads




(iv) total height of the building;

(v) setbacks;

(vi) details of p ojections and st uctu es in setbacks;

(vii) sewe age and d ainage lines upto discha ge point and wate supply lines;

(viii) scale used and the di ection of no th point elating to plan of p oposed building;

(ix) location and size of tempo a y st uctu es like sto es, labou hutments, site office

and the like;

(2) Building Plan – The plans shall be submitted fo building othe than labou

hutment.

The plan of the building, elevations and sections accompanying the application shall be

d awn to a scale not less than 1:200, with the following:-

(i) the plan shall include the floo plans of building floo s togethe with the cove ed

a ea;

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

(iii) the plan shall show wate supply, sewe age, d ainage lines and the like;

(iv) the plan shall include sectional d awing showing clea ly the thickness of walls, size

and spacing of f aming membe s and floo slabs. The sections shall also indicate

the height of the ooms and the pa apet;

(v) the plan shall show all st eet elevations;


(vi) the plan shall give indication of the no th point in elation to the plan and scale

used.

(3) Specification – Gene al specification of mate ials to be used in diffe ent pa ts of

the building as given in Appendix-I, enclosed with the Fo m- I (A).

(4) 5[Documents as pe Checklist-1 C annexed to Appendix -1].

5.2 Specifications- Specifications both gene al and detailed, giving type and g ade of

mate ials to be used, duly signed by Registe ed Technical Pe sonnel shall accompany the

notice / Applications.

5.3. ecommended notation for colouring of plans:-

Item Site Plan Building Plan

(1) White plan

(2) Blue print

(3) White plan

(4) Blue print

(5)

Existing wo k Black / Blue

(Outline)

White Black/Blue White

P oposed wo k Red filled in Red Red Red

D ainage and

sewe age wo k

Red dotted Red dotted Red dotted Red dotted

Wate supply wo k Black dotted Black dotted Black dotted Black dotted

Wo k p oposed to

be dismantled

Yellow hatched Yellow

hatched

Yellow

hatched

Yellow

hatched

Open spaces No colou No colou No colou No colou

Plot lines Thick black Thick black Thick black Thick black

Pe missible building

lines

Thick dotted

black

Thick dotted

black

Thick dotted

black

Thick dotted

black

Existing st eet G een G een -- --

Futu e st eet

(if any)

G een dotted G een

dotted

-- --

Wo k to be

egulated o

deviations made

Red hatched Red hatched Red hatched Red hatched

5.4. Preparation and Signing of plans -

(1)All plans shall be p epa ed and duly signed by the Registe ed Technical Pe sonnel

and shall indicate his name, add ess, qualifications and egist ation numbe and

validity pe iod of the license as pe Annexu e-III.

Substituted vide G.O. Ms. No. 2/Hg dated 8.1.2013 and published in The Gazette of Puduche y on 9.1.2013


5

6. Withdrawal of application -

The applicant may withd aw his application fo a building pe mit at any time p io to the

sanction and such withd awal shall te minate all p oceedings with espect to such

applications, but the fees paid shall in no case be efunded.

7. Scrutiny of the building permit-

(1) The Head of Office of the Planning Autho ity i.e. The Membe Sec eta y of the

Planning Autho ity shall ve ify o cause to be ve ified the facts given in the

application fo pe mit, and enclosu es. The title of the land shall also be ve ified.

(2) The Membe Sec eta y of Planning Autho ity shall check the info mation listed in

clause 5-1 (B) fo esidential buildings on plots (othe than G oup Housing

flatted).

(3) Fo layout plan, othe buildings and tempo a y st uctu es a Licensed Technical

Pe son shall p ovide the info mation in clause 5.1(A), 5.1(C) and 5.1(D)

espectively and p ovision of fi e safety equi ements, public convenience, safety

p ovisions and othe elevant laws. The Licensed Technical Pe son shall also be

esponsible fo all othe p ovisions as pe Building Regulations, Planning and

Development Di ections, National Building Code, Indian Standa d Institution

standa ds and such othe p ovisions as equi ed by the Autho ity f om time to time.

(4) The Owne and Licensed Technical Pe son shall jointly indemnify the Planning

Autho ity against violation of these Regulations, Planning and Development

Di ections and p ovisions of National Building Code.

(5) The Membe Sec eta y of the Planning Autho ity, howeve ese ves the ight to

pe fo m test checks by complete sc utiny of any of the plans submitted fo

app oval.

(6) In case of any violation, the Licensed Technical Pe son shall be black listed unde

intimation to conce ned egist ation o ganisation f om p actising in the Notified

A ea fo a pe iod of 5 yea s.

(7) In case owne is found esponsible fo violation, action may be taken as pe

p ovision in the clauses 12 & 19.

8. Sanction or refusal of building permit –

(1) In case of ‘O dina y Buildings’, the Membe Sec eta y of the Planning Autho ity

may eithe sanction the plans and specifications o may sanction them with such

modifications o di ections as it may deem necessa y and the eupon shall

communicate its decision to the pe son giving the notice. In case of buildings othe

than ‘O dina y Buildings’ and in case of G oup Developments, Sub-division of land

and Layout, Special buildings, Multi sto eyed buildings / High ise buildings, the

Membe Sec eta y of the Planning Autho ity shall obtain in p inciple app oval of the

Planning Autho ity and the eafte may sanction the plans and specifications afte


complying the di ections of the Planning Autho ity and the eupon shall

communicate its decision to the pe son giving the notice.

(2) If within thi ty days of the eceipt of the application, ema ks o efusal o

sanction is not communicated, the application with its annexu es shall be deemed

to have been allowed and the pe mit sanctioned p ovided such fact is immediately

b ought to the notice of the Membe Sec eta y of the Planning Autho ity in w iting

by the applicant within twenty days afte the expi y of the pe iod of thi ty days but

nothing he ein shall be const ued to autho ize any pe son to do anything in

cont avention of Building Regulations and Di ections.

(3) In case of efusal, The Membe Sec eta y of Planning Autho ity shall give easons

and quote the elevant p ovision of the egulations which the plan cont avenes, as

fa as possible in the fi st instance itself and ensu e that no new objections a e

aised when they a e e-submitted afte compliance of ea lie objections.

(4) Once the plans have been sc utinised and objections, if any, have been pointed out,

the applicant shall modify the plans to comply with the objections aised and e-

submit them. If the objections emain un emoved fo a pe iod of one yea , the

pe mit shall be efused.

9. Fees-

(1) The application fees o any othe fees p esc ibed by Gove nment shall be p e-paid

fo obtaining the application and the “Sc utiny Fee” efe ed to in Bye-law No.4

above shall be at the ates specified in Annexu e-V to these Bye-laws and

Regulations.

(2) When the buildings / layout pe mission is not issued, the sc utiny fee paid shall not

be etu ned, but the applicant shall be eligible to esubmit the application

complying with the objections aised by the Planning Autho ity within the pe iod

specified by the Autho ity.

(3) Any application esubmitted afte the pe iod so specified by the Autho ity in

pu suance of sub-clause (2) above shall be accompanied by payment of full fees.

(4) Any application fo g ant of No objection ce tificate, Change of Land Use etc.

equested f om the office of the Planning Autho ity shall be obtained on payment of

fees p esc ibed unde Annexu e-V.

(5) Any activities such as const uction of well, wate closet, septic tank, compound

wall, d ain and p oviding doo s and windows on the exte nal wall of the existing

building shall be done on payment of the cha ges to the Planning Autho ity, fo

obtaining the pe mission as p esc ibed unde the Annexu e-V.

10. Duration of sanction / evalidation:--

(1) The sanction once acco ded shall be valid fo the pe iod specified below within

which pe iod, a completion ce tificate f om a Licensed Technical pe sons shall be

submitted to the Planning Autho ity:


(a) Building const uction / econst uction / enla gements / exte nal epai s othe

than those specified in (b) below...3 yea s.

(b) Const uction of well, compound wall, wate closet with septic tank, d ain and

p ovision of doo s and windows on the exte nal side, alte ing of a chitectu al

facade t eatment...1 yea .

(2) The sanction shall lapse unless got evalidated befo e the expi y of the above

pe iod whe e afte only f esh application shall be ente tained. The evalidation shall

be 3 yea s fo the cases specified at 10 (a) and shall be 1 yea fo the cases

specified at 10 (b).

11. Addition or alterations during construction –

(1) If any exte nal additions o alte ations f om the sanctioned plans a e intended to be

made, pe mission of the Membe Sec eta y of the Planning Autho ity shall be

obtained in w iting befo e the p oposed additions / alte ations a e ca ied out. It

shall be incumbent upon the applicant to whom a building pe mit has been

sanctioned to submit amended plans fo such additions o alte ations. The

p ovisions elating to an application fo pe mit shall also apply to such amended

plans with modification that the time limit efe ed to in Regulation 8 (ii) shall be

thi ty days.

(2) Mino alte ations of the natu e of shifting of doo s and windows, pilla s o fi e

places, which do not conflict with these bye-laws, may howeve , be made by the

owne and stated in the completion epo t. The decision of the Planning Autho ity

as to whethe the alte ations made a e of a mino o substantial natu e shall be

final.

(3) The following list of mino alte ations, which do not othe wise violate any of the

p ovisions ega ding gene al building equi ements, st uctu al stability, and fi e

safety equi ements a e allowed only fo the inte io of buildings.

(a) Opening and closing of a window o doo o ventilato p ovided that it does not affect natu al light and ventilation;

(b) P oviding inte -communication doo s;

(c) P oviding pa titions subject to the condition that it should not in any way educe the minimum floo a ea equi ed unde va ious uses;

( ) Depth of sunshades and p ojections ove windows, doo s, etc., if within pe missible limits;

(e) Change in specifications fo building mate ials, membe s, etc., if within pe missible limits of st uctu al stability.

Note: Architectural control: All openings, p ojections and a chitectu al featu es facing

the oad will be t eated as majo alte ations and they have inva iably to be got app oved

by the Planning Autho ity.


12. evocation of permit: The Membe Sec eta y of Planning Autho ity may evoke

any pe mit issued unde the p ovisions of these bye-laws, whe eve the e has been any

deviation f om the app oved plan o whe e a pe mit has been obtained by any false

statement o mis ep esentation of any mate ial facts in the application on which the

pe mit was based. The Licensed Technical Pe son found esponsible fo the same shall

be blacklisted and deba ed fo 5 yea s f om p actising in the notified a ea. If the owne

is found esponsible fo violations, action may be taken as pe clause 19.

13. Documents at site: Whe e tests of any mate ials a e made to ensu e confo mity

with the equi ements of the Building Bye-Laws, eco ds of the test data shall be kept

available fo inspection du ing the const uction of the building and fo such pe iod

the eafte as equi ed by the Membe Sec eta y of Planning Autho ity. The pe son to

whom the pe mit is issued shall du ing const uction keep pasted in a conspicuous place

on the p ope ty in espect of which the pe mit was issued, a copy of the building pe mit

and a copy of the app oved d awings and specifications.

14. esponsibilities and duties of the owner: Neithe the g anting of the pe mit no

app oval of the d awing and specifications, no inspections made by the Autho ity du ing

e ection of the building shall in any way elieve the owne of such building f om full

esponsibility fo ca ying out the wo k in acco dance with the equi ements of the

Building bye-laws & zoning egulations.

(i) Eve y owne shall:

(a) pe mit the Autho ity to ente the building o p emises fo which the pe mit has

been g anted at any easonable time fo the pu pose of enfo cing the bye-laws.

(b) submit a document of Owne ship of the site.

(c) obtain, whe e applicable, f om the Autho ity, pe mits elating to the building,

zoning, g ades, sewe s, wate mains, plumbing, signs, blasting, st eet occupancy,

elect icity, highways, and all othe pe mits equi ed in connection with the

p oposed wo k.

( ) give notice to the Autho ity of the intention to sta t wo k on the building site.

(e) give w itten notice to the Autho ity intimating completion of the wo k up to plinth

level.

(f) submit the ce tificate fo execution of wo k as pe the st uctu al safety

equi ements and give w itten notice to the Autho ity intimating completion of

wo k, desc ibed in the pe mit and;

(g) give w itten notice to the Autho ity in case of te mination of se vices of a

p ofessional engaged by him.

(h) obtain an occupancy pe mit f om the Autho ity p io to any :-

(i) occupancy of the building o pa t the eof afte const uction o alte ation of that building o pa t, o

(ii) change in the class of occupancy of any building o pa t the eof.


15. Notification stages :

(1) As wo k p og esses unde a building pe mit, the holde the eof shall cause the

Planning Autho ity to be notified at the following stages of const uction: -

(a) Upon commencement of the wo k;

(b) Upon completion of the footings and befo e e ection of the walls above

basement; in case of basement floo befo e the casting of basement slab.

(c) Upon total completion of the wo k autho ized by the building pe mit and

befo e occupancy.

(2) Within 15 days of the eceipt of the notices unde (a) and (b) above, the Planning

Autho ity shall get the wo k inspected by the Staff. At the fi st inspection, the

Planning Autho ity shall make su e that the building has been located in acco dance

with the site plans and that the cove ed a ea complies with the equi ements of

these bye-laws.

(3) The final inspection shall be made within one month following the eceipt of

notification indicated unde sub-clause (c) of clause (1) fo the g ant of an

occupancy ce tificate.

(4) If an Inspection of any const uction ope ation eveals that any lack of safety

p ecautions exists, the Autho ity shall have the ight to di ect the owne to stop the

wo k immediately until the necessa y emedial measu es to emove the violation of

safety p ecautions a e taken.

(5) Pe iodic inspection of building afte completion shall be made by the fi e Autho ity

to ensu e compliance with the p ovisions of fi e and life safety equi ements.

16. Completion Certificate: Eve y pe son e ecting a building shall within one month

afte completion of such building send to the Membe Sec eta y of the Planning

Autho ity a notice in w iting, which shall be equi ed to be given in Fo m 6. Such notice

shall accompany a completion ce tificate f om a Registe ed Town Planne / Enginee /

St uctu al Enginee / A chitect / Licensed Supe viso .

17. Occupancy certificate : No building (he eafte ) e ected, e-e ected o alte ed

mate ially shall be occupied in whole o in pa t until the issue of an occupancy ce tificate

in Fo m 7 by the Membe Sec eta y of the Planning Autho ity affi ming that such a

building confo ms in all espects to the equi ements of these bye-laws and is fit fo

occupation.

18.Temporary occupancy: Upon equest of the holde of the pe mit, the Membe

Sec eta y of the Planning Autho ity may issue a tempo a y ce tificate of occupancy fo a

building o pa t the eof, befo e enti e wo k cove ed by pe mit shall have been

completed, p ovided such po tion o po tions may be occupied safely p io to full

completion of the building without endange ing life o public welfa e.


19. Construction not according to plan:

(1) If the Planning Autho ity decides at any stage that the const uction is not

p oceeding acco ding to the sanctioned plan and is in violation of any of the

p ovisions of these bye-laws o ules, it shall notify the owne , and all fu the

const uction shall be stayed until co ection has been effected and got app oved.

(2) If the owne fails to comply with the equi ements at any stage of const uctions,

the Planning Autho ity may cancel the building pe mit issued and shall cause notice

of such cancellation to be secu ely pasted upon the said const uction, if the owne

is not t aceable at his add ess given in the notice.

20. Action against Unauthorized Development / deviated Construction:

In case of unautho ized development / deviated const uction the Planning Autho ity shall

take suitable action, which may include demolition of unautho ized wo ks, sealing of

p emises and p osecution against the offende .

21. Penal Action for Violation of Master Plan / Zonal Plan egulation / Bye-

Laws:

The Planning Autho ity unde the p ovisions of Puduche y Town and Count y Planning

Act shall take action fo violation of Maste Plan / Zonal Plan / Regulations. The

Planning Autho ity may take penal action unde Puduche y Town and Count y Planning

Act, which may include stopping of const uction activity, demolition / alte ation and

levying of penalties as given in Annexu e- XX.

The Planning Autho ity may also take action as p ovided unde Building Bye-laws 24

(15).

In addition, action fo discontinuaunce of se vices in building may also be taken.

22. Unsafe buildings:

(1) All unsafe buildings shall be conside ed to constitute dange to public safety and

shall be esto ed by epai s o demolished o dealt with as di ected by the Planning

Autho ity in consultation with a qualified st uctu al enginee of a Recognised

Institution / Depa tment.

(2) The Planning Autho ity shall examine o cause to be examined eve y building

epo ted to be unsafe o damaged, and shall make a w itten eco d of such

examination in consultation with qualified st uctu al enginee of a Recognised

Institution / Depa tment.

(3) Notice to Owners, Occupier: Wheneve the Planning Autho ity finds any building

o po tion the eof to be unsafe, it shall in acco dance with established p ocedu e fo

legal notice, give to the owne and occupie of such building w itten notice stating

the defects the eof. This notice shall equi e the owne o the occupie within a

stipulated time eithe to complete specified epai s o imp ovements o to demolish

and emove the building o po tion the eof.


(4) (a) The Planning Autho ity may di ect in w iting that the building, which in his

opinion is dange ous, o has no p ovision fo exit, if it caught fi e, shall be vacated

immediately o within the pe iod specified fo the pu pose; p ovided that the

Autho ity conce ned shall keep a eco d of the easons fo such action with him.

(b) If any pe son does not comply with the o de s of vacating a building, the

Planning Autho ity may di ect the police to emove the pe son f om the building

and the police shall comply with the o de s.

(5) Disregard of Notice: In case owne o occupie fails, neglects o efuses to

comply with the notice to epai o to demolish the said building o po tion the eof,

the Planning Autho ity shall cause the dange to be emoved whethe by demolition

o epai of the building o po tion the eof o othe wise.

(6) Cases of Emergency: In case of eme gency, which, in the opinion of the Planning

Autho ity involves imminent dange to human life o health, the decision of the

Planning Autho ity shall fo thwith o with such notice as may be possible p omptly,

cause such building o po tion the eof to be ende ed safe o emoved. Fo this

pu pose, the Planning Autho ity may at once ente such st uctu e with such

assistance and at such cost as may be deemed necessa y. The Planning Autho ity

may also get the adjacent st uctu es vacated and p otect the public by an

app op iate fence o such othe means as may be necessa y.

(7) Costs: Costs incu ed unde clauses (5) and (6) above shall be cha ged to the

owne of the p emises involved. Such costs shall be cha ged on the p emises in

espect of which o fo the benefit of which the same have been incu ed and shall

be ecove able as p ovided unde the laws (see Note).

Note: The costs may be fo m of a ea s of taxes.

23. Demolition of buildings: Befo e a building is demolished the owne shall notify all

utilities having se vice connections, within the buildings, such as wate , elect ic, gas,

sewe and othe connections. A pe mit to demolish a building shall not be issued until a

elease is obtained f om the utilities stating that thei espective se vice connections and

appu tenant equipment, such as mete s and egulato s have been emoved o sealed

and plugged in a safe manne .

24. equirement of Technical Personnel:

(1) All plans shall be p epa ed and duly signed by the Registe ed Technical Pe sonnel

and shall indicate his name, add ess, qualifications and egist ation numbe and

validity pe iod of the license as pe Annexu e-III.

(2) Eve y building wo k fo which pe mission is sought unde Bye-law 3 shall be

designed and supe vised by a Registe ed Technical Pe sonnel who shall be

egiste ed by a Committee appointed by the Gove nment and pe mitted to p actice

within the planning a ea and such othe a eas in the Union Te ito y notified f om

time to time.


(3) Qualifications fo Registe ed Technical Pe sonnel shall be as p esc ibed in

Annexu e-III.

(4) Eve y pe son who desi es to se ve as a Registe ed Technical Pe sonnel shall submit

an application to the Chai man, Planning Autho ity in Fo m -2 in duplicate togethe

with licence fee of `250/- fo the yea fo which licence is equi ed and a secu ity

deposit of `500/- and the Chai man shall the eafte fo wa d the application to the

Sec eta y of the Regist ation Committee appointed by the Gove nment unde sub

clause (2) fo this pu pose.

(5) No pe son shall be g anted a licence by the Chai man, Planning Autho ity to se ve

as a Registe ed Technical Pe sonnel unless-

(a) he has been ecommended by the Regist ation Committee appointed by

Gove nment fo this pu pose which shall conside --

(i) The qualifications p esc ibed in Annexu e-III and in addition his / he

knowledge of local language.

(ii) His / He fitness and suitability fo the due pe fo mance and p ope fulfillment

of all duties equi ed unde the Act, Rules, Bye-Laws and Regulations;

(b) He / She has paid the licence fee and secu ity deposit specified in the

Bye-Law 24 (4).

(6) The Regist ation Committee in its disc etion shall ecommend fo g ant o efusal of

licence. In case of efusal to g ant of licence, the licence fee and secu ity deposit

shall be efunded to the applicant by the Planning Autho ity.

(7) The secu ity deposit amount shall o dina ily be efunded to the licensee by the

Planning Autho ity on the cancellation of a licence, but if it is satisfied that the loss

has been occasioned to the Planning Autho ity by anything done o omitted to be

done by the licensee o that amount by way of penalty o othe wise is due to the

Planning Autho ity, the Planning Autho ity shall be entitled to ecove the same

f om the licensee and the secu ity deposit shall, to the extent of loss o dues be

decla ed adjusted by the Planning Autho ity towa ds payment of the same and the

balance, if any, shall be efunded to the licensee. The licence fee shall not be

etu ned in case the licence is cancelled.

(8) A Registe ed Technical Pe sonnel whose licence has been cancelled by the Planning

Autho ity shall etu n his licence to the Planning Autho ity within 3 days f om the

time of the delive y of the o de cancelling the same. If the licence is not etu ned

within th ee days f om such date the secu ity deposit shall be deemed to have been

fo feited by the Planning Autho ity.

(9) Eve y application fo enewal of licence shall be submitted, within 30 days befo e

the date of expi y of the licence, to the Chai man of the Planning Autho ity togethe

with the enewal fee of `250/- fo the yea in which the enewal is equi ed. The


application shall be accompanied by the licence in espect of which the enewal is

equi ed.

(10) A egiste of Registe ed Technical Pe sonnel shall be maintained by the Planning

Autho ity and an upto date list of such Registe ed Technical Pe sonnel showing the

add ess and the pe iod fo which the licence is held shall be kept fo inspection at

the Office of the Planning Autho ity du ing office hou s. A copy of the same may be

sent to any owne o othe pe son on application to the Planning Autho ity

accompanied by a self add essed stamped envelope.

(11) Eve y licence g anted unde this bye-law shall be in the fo m p esc ibed in Fo m 3.

(12) Eve y Registe ed Technical Pe sonnel shall in p epa ing the plans, comply with all

the p ovisions and equi ements of the Act, Rules, Bye-laws and egulations made

the eunde and in fo ce fo the time being in the Planning a ea.

(13) Eve y Registe ed Technical Pe sonnel shall fo thwith epo t to the Planning

Autho ity in w iting, if he finds any wo ks commenced being p oceeded with o

completed eithe unautho isedly o without p ope pe mission o licence o in

cont avention of any of the p ovisions of equi ements of the Act, Rules, Bye-laws

and Regulations made the eunde and in fo ce fo the time being in the Planning

a ea.

(14) Eve y Registe ed Technical Pe sonnel shall be entitled to cha ge fo the p epa ation

of Plans o othe wo k on which he is employed o engaged, a easonable fee f om

the owne o othe pe sons who employs o engages him at such ate o ates not

exceeding the ate o ates fixed by the Chai man, Planning Autho ity f om time to

time. A copy of schedule of ates may be obtained by the Registe ed Technical

Pe sonnel o owne o othe pe son f om the Office of the Planning Autho ity on

payment of cost fixed the ein o may be inspected f ee of cost at the Office of the

Planning Autho ity du ing office hou s.

(15) If the sanctioning Autho ity finds at any time any violation of the building Bye-Laws

o mis ep esentation of fact, o const uction of va iance with the sanction o

building Bye-Laws, inclusive of the p esc ibed documents, the Autho ity shall be

entitled to evoke the sanction and take app op iate action against such

p ofessional and such p ofessional shall not be autho ized to submit f esh plans till

finalisation of the case. Befo e deba ing o blacklisting such p ofessional if found

to be indulging in p ofessional misconduct o whe e she / he has mis ep esented

any mate ial fact the Autho ity shall give him a show cause notice with a pe sonal

hea ing and shall pass a speaking o de to deba he / him fo submission and

supe vision of the const uction with full justification fo the same. An appeal

against this speaking o de shall lie with the Autho ity with whom she / he is

egiste ed.


25. Application of the National Building Code of India - Fo p ovisions which a e

othe wise not cove ed and fo detailed equi ements fo which p ovision is made unde

these Bye-Laws except as othe wise specified the elative p ovisions in the National

Building Code of India issued f om time to time shall be applicable.
