Government Directives under section 154(1) of Maharashtra Regional & Town Planning Act, 1966 regarding Approvals of Building / structure, based on Risk Based categorization, for Fast Tracking Approval (Preconstruction, during construction, post construction).
Government of Maharashtra
Urban Development Department
Mantralaya, Mumbai - 32.
No.TPB-4317/109/CR-11/2017/UD-11:- Whereas, Development Control Regulations (hereinafter referred to as the said DCR) of all Local Authorities i.e Municipal Councils/Corporations , Nagar Panchayat and ZP appointed for Non-Municipal Town
Development Plan (hereinafter referred to as the Said Authorities) have already been sanctioned and accordingly building permissions are mandated to be issued under Section 45 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the said Act) by the respective Authorities as per the provisions of respective said DCR;
And whereas, the owner or owner through his License Surveyor / Engineer / Architect, as the case may be, shall be required to submit an application to the respective Authorities at various stages of Constructions like Commencement of work, Plinth Checking, Completion Certificate and Occupancy Certificate and the said Authorities have to grant permission or refusal to such proposals according to the provisions of the said DCR.
And whereas, under DIPP, Ease of Doing Business Assessment, 2017, the Government of India has mandated as a part of obtaining construction permission and completion cum Occupancy Certificate, a Computerized system for identifying
building/areas that need to be inspected based on Risk Assessment has to be designed and implemented (hereinafter referred to as the said EoDB Reforms).
And whereas in-order to implement the said EoDB reforms, it is necessary to incorporate the provision regarding Risk Based categorization of buildings and process of approval of Building Plans in the said DCR (hereinafter referred to as the said Proposed Modification as per Annexure-I);
And whereas Government of Maharashtra published the Notice No TPB- 4317/109/CR-11/2017/UD-11/Notice, Dated 22/08/2017, regarding the said Proposed Modification Under Section 37 (1AA)( c) of the said Act;
And whereas in view of the fact mention above, the Government found it expedient in the Public Interest to take recourse of the Section 154 of the said Act to start Immediate Implementation of the said Proposed Modification as per Annexure-I published by notice dated 22/08/2017 regarding Risk Based categorization of buildings and process of approval of Building Plans by all the said Authorities;
Now, therefore, in view of the above Central Government DIPP Reforms - 2017 as well as Ease of Doing Business Assessment, 2017 reforms, Government of Maharashtra hereby issues the following directives under section 154 of the said Act to all the said Authorities Regarding Fast Track Approvals of Building / structure, based on Risk Based categorization.
In exercise of the powers conferred by Section 154(1) of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) and all other powers enabling in that behalf, the Govt. of Maharashtra hereby, issues Directives to all the said Authorities, to start Immediate Im
plementation of the Fast Track Approvals of Building / Structure, based on Risk Based categorization of Buildings specifically as mentioned in Annexure-I attached herewith Pending Sanction to the proposed modification Published by Government vide Notice No. TPB-4317/109/CR-11/2017/UD- 11/Notice, dated 22/08/2017 under section 37(1AA) (c) of the said Act.
By order and in the name of Governor of Maharashtra,
digitally signed by sanjay balakrishna saoji
date;2017.08.22 15:53:57 +5'30
Deputy Secretary to Government
Approvals of Building Permission on Fast Track based on
Risk Based categorization
Notwithstanding Anything Contains in DCR/DCPR of the respective said Authority ,the Regulations Regarding Approval Of Building Permission by the Architect /L.S./Engineer at the Stage of Commencement , Plinth Checking and Completion cum Occupancy shall be as per Risk Based Classification of Building given in Table below:-
|Parameters to be consider for Risk Base.||Risk Category|
|Low Risk Category||Moderate Risk Category|
|1||Plot Areaconsidered for Risk Based Assessment.||Buildings on a Plot Area upto 150 sq.mt.||Buildings on a Plot Area between 151 Sq mtr and upto 200 sq.mt.|
|2||Permissibility In Development Plan Zone||Residential Zone, Commercial zone and Public-Semi-public Zone||Residential Zone, Commercial zone and Public-Semi-public Zone|
|3||Plot status||The plot should be vacant . The Plot Status ,Plot criteria and permissibility in above land use zone shall be as per respective DCR/DCPR.||The plot should be vacant . The Plot Status ,Plot criteria and permissibility in above land use zone shall be as per respective DCR/DCPR.|
|4||Type of building||Residential and other buildings as per DCR/DCPR||Residential and other buildings as per DCR/DCPR|
|5||Proposed Structure of Building/Storey||G.F. / P+1 RCC./Load Bearing||G.F.+1 / P+2 RCC./Load Bearing|
|6||Front and side open spaces, Provision ofBasement, Parking requirement and other requirements.||As per the provisions of Development Control Regulations.||As per the provisions of Development Control Regulations.|
|7||Tree cutting/ Tree replantation.||Not permitted.||Not permitted.|
|8||Experience Criteria for Architect /L.S./Engineer for self-certification and all approval mentioned in this regulation.||As per Appendix-C of the respective DCR / DCPR regarding licensing and qualifications of the technical person.||As per Appendix-C of the respective DCR / DCPR regarding licensing and qualifications of the technical person.|
|9||NOCs and Documents||Wherever required as per the respective DCR / DCPR||Wherever required as per the respective DCR / DCPR|
Site inspection and Computer based allocation of inspector for site inspection.
No site inspection is necessary by the Planning Authority at any stage. Approval Procedure is to be followed as mentioned in Point No.11 excluding point no 11 (c).
Site inspection at Plinth level is necessary by the Planning Authority. Approval Procedure is to be followed as mentioned in Point No.11 including point no 11 (c).
11 Procedure for Building Permission
Architect/ Licence Surveyor (L.S.)/Engineer (Architect registered with Council of Architecture & License Surveyor &Engineer registered with Planning Authority ) are empowered to grant provisional approval with self-certification to the building proposal plans categorised as Low Risk & Moderate Risk in Table given above, subject to the following:-
Building Permission/Commencement Certificate:-
a) Submission of Proposal:-The proposal shall comprise of application u/s 44/69 of MR&TP Act, 1966, in format prescribed by Municipal Commissioner/Chief Officer/Chief Executive Officer, along with documents and undertakings required for the proposal as per regulation & required by the Municipal Commissioner/Chief Officer/Chief Executive Officer from time to time. All the required documents shall be certified and signed by the Architect /L.S./Engineer confirming with the original documents. The documents required shall be as per the DCPR of the said Authority.
b ) Commencement Certificate ( CC ) :- After receipt of the application, the Demand Note regarding payment of Scrutiny Fee, Development Charges and other Charges based on the proposed Plans / Drawing submitted shall be given by the concern Engineer of the authority within 10 days. The owner / Architect /L.S./Engineer shall deposit the Charges as demanded. Upon deposit of such Charges with the Planning Authority, the concerned Architect/ Licence Surveyor (L.S.)/Engineer are empowered to grant provisional approval in the form of selfcertification certifying that the plan / entire building proposal is strictly in conformity with the DCR / DCPR. This self-certification shall be treated as Commencement for the construction work.
The owner/concern Architect/ Licence Surveyor (L.S.)/Engineer shall submit the said self-certified plan to the Authority within 10 days. Upon such submission, The Junior most Officer / Junior Engineer at ward level, authorized by Municipal Commissioner / Municipal Chief Officer shall countersign the plans without any scrutiny and issue Commencement Certificate Under Section-45 of Maharashtra Regional and Town Planning Act, 1966 within 10 days from the receipt of such plan. The Scrutiny at Authority level need not be necessary. Concern Architect /L.S./Engineer is empowered/Authorised to issue the copies of such approved plans & Certificates with his signature.
c) Plinth Checking For Moderate Risk building proposal:-
The concern Architect /L.S./Engineer shall apply for certificate of plinth checking in prescribed application for Moderate Risk building proposal only. The inspection shall be done by the concern Junior Engineers. The inspection report shall be prepared and uploaded within 48 hours. The Plinth checking certificate shall be grant within the period of 7 days from the receipt of the application, if found as per the sanctioned plan.
d) Building completion certificate :-
On completion of work, the concern Architect/L.S./Engineer shall issue the Building completion certificate and Occupation certificate, as required as per the provision of DCR / DCPR to the completed building/structure and submit two set of completion plan along with the required certificate and all site inspection report to the authority. The concerned Junior Engineer / Ward Officer authorised by Municipal Commissioner / Chief Officer shall countersign the said Completion Plan along with Occupancy Certificate within 10 days without any scrutiny and site inspection.
12 Responsibility of the Architect/L.S./Engineer
a) The work shall be supervised by the concerned Architect/L.S./Engineer who will ensure that the same is carried out strictly as per the approval. Confirmation of ownership of land / plot area and land boundaries in the name of applicant shall be jointly responsibility of concerned Architect/L.S./Engineer and the owner.
b) It will be the responsibility of the concern Architect /L.S/Engineer, Site Supervisor & Structural Engineer appointed for the proposed development, jointly or severally to ensure that all plans shall be in consonance with provisions of Development Control Regulations. All the requirements of the DCR / DCPR shall have to be complied with due care and the work is carried out as per the approval only. Any deviation required during the construction shall be approved by Architect/L.S./Engineer before execution. The concerned Architect /L.S./Engineer shall be empowered for any amendments in the plan in process of construction within the purview of DCR.
c) Frequency of Inspection By the Architect/L.S./Engineer:-
The Architect/L.S./Engineer shall inspect and submit the site inspection report along with photographs/video clips, at stages while submitting the building proposal, after completion of plinth work, and finally at the time of Building completion certificate to the authority. Such inspection reports shall be submitted and uploaded within 48 hours from the date of inspection.
d) After submitting the application or during the construction of building if the Architect/L.S./Engineer are changed, he shall intimate the competent authority immediately that he is no longer responsible for the project from the date of intimation. The construction work shall have to be suspended until the new Architect/L.S./Engineer as the case may be appointed by the owner. Owner’s intimation regarding change of licensee shall be considered to be final. After intimation of the new appointed licensee shall then undertakes and start the project.
13 Authorisation to Authority :-
a) In case of any deviations/irregularities noticed in the process or after completion, the Planning Authority may immediately issue notice to the owner and or to the concerned licensee to suspend the further work and rectify the deviations/irregularities. Only after satisfaction of rectification made by the owner or concerned licensee, the Planning Authority issue intimation to start the work. In major violations, the Planning Authority shall authorise to take
appropriate action against Architect/L.S./Engineer as the case may be, as per the DCR or as per respective Acts and Laws.
b) Municipal Commissioner/Chief Officer, as the case may be, of the respective Authority are authorised to prepare common application forms, proformas, affidavit etc. wherever required for the smooth implementation of this regulation.
c) The above procedure shall be integrated with the Online Building Permission Management System (BPMS) by the concerned Authority.
14 Exceptions from this Procedure:-
The above Procedure for Building Permission shall not bar the owner/ Architect/L.S./Engineer to obtain development permission as per Regular provisions of the DCR/DCPR. Also this Directives shall not be applicable to the proposals who desired to obtain Development Permission as per Type Design Pattern which was issued by Government vide TPS-1813/3200/CR 520/13/UD 13, Dated 03/01/2015.
By order and in the name of Governor of Maharashtra,
digitally signed by sanjay balakrishna saoji
date;2017.08.22 16:00:04 +5'30
Deputy Secretary to Government