2.JURISDICTION / APPLICABILITY AND BUILDING DOCUMENTATION PROCEDURES
2.1 Jurisdiction of Building Bye Laws
The Building Bye-Laws shall apply to the building activity in the State/Urban Center/Town for which they are framed and the same shall be unambiguously specified in the Building Bye Laws. It is desirable that the jurisdiction of building bye laws includes all contiguous urban settlements in an urban agglomeration1
2.2 Applicability of Building Bye Laws
These building byelaws shall be applicable to all building activities and read in conjunction with the master plan/development plan/regional plan/any other statutory plan in force, if any, and notifications, if any, with regard to the same and as amended from time to time and shall be applicable for a period of FIVE years after which they shall be reviewed. Till such time the reviewed building byelaws are notified, these building byelaws will continue to be in force.
2.3 Development and part construction
Except hereinafter or otherwise provided, these Bye-Laws shall apply to all development, redevelopment, erection and/or re-erection of a building etc. as well as to the design, construction of, or reconstruction and additions and alterations to a building.
2.4 In case of Part construction
Where the whole or part of a building is demolished or altered or reconstructed, except where otherwise specifically stipulated, these Building Bye-Laws shall apply only to the extent of the work involved.
2.5 Change of use / occupancy
Where use of a building is changed, except where otherwise specifically stipulated, these Building Bye-Laws shall apply to all parts of the building affected by the change.
The reconstruction in whole or part of a building which has ceased to operate due to fire, natural collapse or demolition having been declared unsafe, or which is likely to be demolished by or under an order of the Authority as the case may be and for which the necessary certificate has been given by the Authority.
2.7 Existing approved building
Nothing in these Bye-Laws shall require the removal, alteration or abandonment, nor prevent continuance of the lawfully established use or occupancy of an existing approved building unless, in the opinion of the Authority such a building is unsafe or
In these Bye-Laws, the use of present tense includes the future tense, the masculine gender includes the feminine and the neutral, the singular number, includes the plural and the plural includes the singular. The word person includes a corporation as an individual, writing includes printing and typing and signature includes thumb impression made by a person who cannot write, if her/ his name is written near to such thumb impression.
constitutes a hazard to the safety of adjacent property or to the occupants of the building itself.
2.8.1 Development Permission:
No person shall carry out any development or redevelopment including sub-division on any plot or land (not forming part of any approved layout plan or scheme) or cause to be done without obtaining approval from the Authority for the layout plan.
2.8.2 Building Permit:
No person shall erect, re-erect or make addition/ alterations in any building or cause the same to be done without, first obtaining a separate building permit for each such building from the Authority.
2.8.3 Pre-Code Building Permit:
Where any building permit which has been issued by the Authority before the commencement of the Building Bye-Laws and where construction is in progress and has not been completed within the specified period from the date of such permit, the said permission shall be deemed to be sanctioned under these Bye-Laws and shall only be eligible for revalidation thereunder. Accordingly, where the validity of sanction has expired and construction has not commenced, construction shall be governed by the provisions of these Building Bye-Laws.
2.9 Procedure for obtaining building permit
Every person who intends to erect, re-erect or make alternation in any place in a building or demolish any building shall give notice in writing to the Authority of his intention in the prescribed form (See Appendix ‘A’ and ‘A1’) and such notice shall be accompanied by plans and statements in sufficient copies. The plans may be ordinary prints on ferro-paper or any other type, one set of which shall be laminated. One set of such plans shall be released and the rest retained in the office of the Authority for record after the issue of permit or refusal as the case may be.
2.9.2 Copies of Plans and Statements:
Normally 4 copies of plan and statement shall be made available along with the notice. In case of building schemes where the clearance is required from Chief Fire Officer, the number of copies of the plans and statements accompanying the notice shall be 6. In case of sites requiring the clearance of lessor, extra copies of the plan shall be made available.
2.9.3 Information Accompanying Notice:
The notice shall be accompanied by the location plan, site plan, subdivision / layout plan, building plan, services plan, specifications and certificate of supervision, ownership title and other documents as prescribed by the Authority.
Application for building permit shall be accompanied by the following documents: Ownership Documents-lease-deed/sale-deed etc. duly accompanied by an annexed site plan; giving the physical description of the plot/property. In such cases where lease- deed has not been executed, no objection certificate from the Authority/lessor. Also an affidavit/undertaking for handing over of the land required for road widening as in Appendix ‘B’.
In case of any deviation from the terms and conditions stipulated in the lease deed/ownership document, necessary clearance from the Authority shall be obtained. Documents required to be attached shall be as follows:
i. No objection certificate from the Authority regarding land use as per Master/Zonal Plan, if required.
ii. Approval from the Chief Inspector of Factories in case of Industrial Buildings; as well as from the Pollution Control Board, wherever required.
iii. Approval from Chief Controller of Explosives, Nagpur and Chief Fire Officer, in case of hazardous buildings.
iv. Indemnity Bond in case of proposal for the construction of a basement as given in Appendix- ‘B-1’.
v. Approval from Chief Fire Officer, in case of building defined under clause 1.16. vi (a to k) shall be required.
vi. The notice shall also be accompanied by an attested copy of house tax receipt/NOC from the Assessment Department of the local body concerned.
vii. No objection certificate from the Civil Aviation Department wherever required.
viii. Undertaking as at Appendix ‘A-5’ on non-judicial stamp paper of the amount prescribed by the Authority.
ix. In case the site falls in the built-up area declared as slum under any Act NOC from the Competent Authority, from slum clearance and land use points of view.
x. In case the application is for a Farmhouse, Motel, approval/NOC from the Competent Authority from land acquisition point of view.
xi. In case of the leasehold plots, clearance from the lessor with regard to the lease conditions shall be obtained wherever required.
xii. For individual plot, wherever required, approval of the site from the Competent Authority, if not the part of already approved layout plan.
xiii. Any other information/document, which the Authority may require in case of listed buildings or otherwise.
Other documents to be submitted in special cases shall be as follows:
xiv. For projects proposed within the Prohibited and Regulated areas as defined by AMASR Act 2010, permission /NOC from Competent Authority (NMA) shall have to be obtained as per Rules 2011 framed under the Act by submission of required documents as per rules.
xv. Additional documents required for conservation of Heritage sites including Heritage Buildings, Heritage/Precincts and Natural Features Areas (wherever required) – as per Chapter 12.
Note: Based on the technical and support capacity, the ULB shall adopt online process of applications for building approvals along with digital formats of documents and drawings for faster and transparent process of building approvals.
2.9.5 Size of Drawing Sheets and Colouring of Plans
The size of drawing sheets shall be any of those specified in Table 2.1.
Table 2.1 Drawing Sheet Sizes
||Trimmed Size, (mm.)
||841 x 1189
||594 x 841
||420 x 594
||297 x 420
||210 x 297
||148 x 210
2.9.6 Colouring Notations for Plans:
The plans shall be coloured as specified in Table 2.2 Further, prints of plans shall be on one side of paper only.
All dimensions shall be indicated in metric units.
Table 2.2 Colouring of Plans
||Future street, if any
||Permissible building lines
||Thick dotted black
||Thick dotted black
||Thick dotted black
||Work proposed to be
||Proposed work (see Note 1)
|| Red filled in
||Drainage and sewerage
||Water supply work
||Black dotted thin
||Black dotted thin
||Black dotted thin
||Black dotted thin
||Black dotted thin
||Black dotted thin
1 For entirely new construction this need not be done; for extension of an existing work this shall apply.
2 For land development, subdivision, layout, suitable colouring notations shall be used which shall be indexed.
2.10 All Plans
i) Key Plan:
A key plan drawn to a scale of not less than 1: 10,000 shall be submitted along with notice showing boundary and location of the site with respect of neighborhood land marks, in area where there is no approved layout plans.
ii) Site Plan:
The site plan to be sent along with the application for permit shall be drawn to a scale of 1: l00 for plots upto 500 sq. mt. in size and on a scale of 1:500 for plots above 500 sq. mt. in size. The plan shall show as below:
a) The boundaries of the site and any contiguous land belonging to the owner thereof.
b) The position of the site in relation to neighboring street.
c) The names of the streets on which the building is proposed to be situated, if any.
d) All existing buildings standing on, over or under the site.
e) The position of the building and of all other buildings, if any, which the applicant intends to erect upon his contiguous land referred to in (a) in relation to.
i) The boundaries of the site and in case where the site has been partitioned, the boundaries of the portion; owned by the applicant and also of the portions owned by others.
ii) All adjacent streets / buildings (with number of storeys and height) and premises within a distance of 12m. of the site and of the contiguous land, if any, referred to in (a); and
iii) If there is no street within a distance of 12 mt. of the site, the nearest existing street.
f) The means of access from the street to the building, and to all other buildings, if any which the applicant intends to erect upon his contiguous land, referred to in (a).
g) Space to be left about the building to secure a free circulation of air, admission of light and access.
h) The width of the street, if any, in front, at the sides or rear of building.
i) The direction of north point relative to the plan of the buildings.
j) Any existing physical features such as well, drains, trees, over head electric supply lines etc.
k) The ground area of the whole property and the breakup of covered area on each floor with the calculation for percentage covered in each floor in terms of the total area of the plot as required under the Bye-Laws governing the coverage of the area.
l) Parking plans indicating the parking spaces wherever required.
m) Such other particulars as may be prescribed by the Authority; and
n) Building number or plot number of the property on which the building is intended to be erected.
2.10.2 Requirement in respect of building sites
a) Damp Sites
Wherever the dampness of a site or the nature of the soil renders such precautions necessary, the ground surface of the site between the walls of any building erected thereon shall be rendered damp-proof to the satisfaction of the Authority.
b) Corner Site
When the site front on two streets, the frontage would be on the street having the larger width. In cases, where the two streets are of same width, then the larger depth of the site will decide the frontage and open spaces. In such case the location of a garage (on a corner plot) if provided within the open spaces shall be located diagonally opposite the point of intersection.
c) Minimum Size of Site
The minimum size of sites for the construction of different types of building or different use groups, shall be in accordance with provisions of the Master Plan and any land development Rules and Regulations of the Authority
d) Distance from Electric Line
The distance in accordance with the current electricity rules and its amendments from time to time is to be provided between the building and overhead electric supply line.
Table 2.3 Clearances from Electric Supply Lines
|Type of Supply Line
|a) Low and medium voltage lines and service lines
|b) High voltage lines upto and including 11,000 volts
|c) High voltage lines above 11,000 volts and upto and including 33,000 volts
|d) Extra high voltage lines additional 33,000 volts
||3.70m. Plus 0.3 m. for every additional 33,000 V or part thereof
||2.0m. Plus 0.3 m. for every additional 33,000 V or part thereof.
2.10.3 Layout Plan:
The layout plan shall be formulated as per the norms of Master Plan and shall be approved as per the procedure followed by the Authority, under the provisions of relevant Act.
2.10.4 Landscape Plan:
Landscape plan is to be to the scale of 1:100 for plot upto 500 sq.m in size and for plots above 500 sq.m., the scale shall be 1:500, indicating the circulation and parking spaces, pathways (hard surface), greenery and plantation (soft area) etc.
2.10.5 Building Plan:
The plans of the building, elevations and sections accompanying the notice with dimensions shall be drawn to a scale of 1:50 for plots measuring upto 250 sq.m., for plots measuring above 250 sq.m. to a scale of 1:100, and for plots measuring 2000 sq.m. and above to a scale of 1:200 with details on a scale of 1:100 and shall:
a) Include floor plans of all floors together with the covered area clearly indicating the size and spacing of all frame members and sizes of rooms and the position and width of staircases, ramps and other exit ways, lift ways, lift machine room and lift pit details.
b) Show the use or occupancy of all parts of the building.
c) Show exact location of essential services, for example W.C., Sink. Bath etc.
d) Include sectional drawing showing clearly the sizes of the footings, thickness of basement wall, wall construction, size and spacing of framing members, floor slabs and roof slabs with their materials. The section shall indicate the heights of building and rooms and also the heights of the parapet and drainage and the slope of the roof. At least one section shall be taken through the staircase, kitchen and toilet, bath and W.C.
e) Show all elevations.
f) Indicate details of service privy, if any.
g) Give dimensions of the projected portions beyond the permissible building line.
h) Include terrace plan indicating the drainage and the slope of the roof.
i) Give indications of the north point relative to the plan.
j) Details of parking spaces provided.
k) Give indication of all doors, windows and other openings including ventilators with sizes in proper schedule
l) Such other particulars as may be required to explain the proposal clearly and as prescribed by the Authority.
Notes – The requirement of 1:100 is permitted to be flexible for specific details needed for further illustration; and also for drawings for these in electronic form
2.10.6 Building Plans for Multi-Storeyed/Special Buildings:
For multi-storeyed buildings, which are above 4 storeyed and buildings above 15 m. in height and for special buildings like assembly, institutional, industrial storage and hazardous occupancies as defined under clause 1.1. 16 (a to k) the following additional information shall be furnished/ indicated in the building plans in addition to the item (a) to (l) of Building Bye-Laws 2.10.4.
a) Access to fire appliances/vehicles with details of vehicular turning circle/and clear motorable access way around the building.
b) Size (width) of main and alternate staircase along with balcony approach, corridor, ventilated lobby approach.
c) Location and details of lift enclosures.
d) Location and size of fire lift.
e) Smoke stop lobby/door where provided.
f) Refuse chutes & chamber, services duct (sanitation, electric & telecommunication)
g) Vehicular parking spaces.
h) Refuge area if any.
i) Details of building services-air conditioning system with position of dampers, mechanical ventilation system, electrical services, boilers, gas pipes etc.
j) Details of exits including provision of ramps, etc. for hospitals and special risks.
k) Location of generator, transformer and switchgear room.
l) Smoke exhaust system if any.
m) Details of fire alarm system network.
n) Location of centralized control, connecting all fire alarm systems, built-in fire protection arrangements and public address system, etc.
o) Location and dimension of static water storage tank and pump room.
p) Location and details of fixed fire protection installations such as sprinklers, wet risers, hose reels, drenchers, CO2 installation etc.
q) Location and details of first aid firefighting equipment/installation.
r) The proper signs/symbols and abbreviation of all fire fighting systems shall be shown as per the relevant B.I.S. Codes.
2.10.7 Services Plan and Water Supply Provisions
a) Plans, elevations and sections of private water supply, sewage disposal system and details of building services, where required by the Authority, shall be made available to a scale not less than 1: 100.
b) For residential plots more than 2000 sq.m. and non-residential plots more than 1 hectare in size, the following provisions shall be made:
i) Separate conveying system to be provided for sewerage and sullage to facilitate reuse of sullage water for gardening and washing purposes. This may require suitable storage facilities that are to be indicated on the building plans
ii) For recharging ground water, rainwater-harvesting provisions are to be provided within the plot, which are to be indicated on the building plans.
2.10.8 Besides the normal drawings, which are submitted for the sanction of any building, a proper landscape plan, a circulation plan indicating vehicular and pedestrian movement and parking and an urban design scheme where necessary, shall be submitted for sanction by the Authority
2.10.9 Specifications: General specification of the proposed construction giving type and grade of material proposed to be used in the form given in Appendix ‘A-2’ duly signed by the engaged Competent Professional for building plan design (as per Appendix ‘E’) may be shown accompanying the notice as the case may be.
2.10.10Supervision and Execution of Drainage / Sanitary works: A certificate of supervision and execution of drainage/sanitary works shall further accompany notice in the prescribed form given in Appendix ‘A-3’, by the engaged Competent Professional for building plan design (as per Appendix ‘E’) as the case may be.
2.11 Signing of plans
2.11.1 Signing the Building Plans:
All plans before submission to the Authority shall be signed by the owner(s) and by-
a. A qualified Architect who has valid registration with Council of Architecture, or
b. An Engineer (in case of plots upto 500 sq.m. only).
Note : except for Standard Designs/Building Plans as shown at 2.14.1
2.11.2 Layout Plans:
All layout plans before submission to the Authority shall be signed by the owner(s) (except for 2.12.1 d) and by one of the following:
a) Architect holding a valid registration with the Council of Architecture for Layout Plans of plots measuring upto 1 Ha. in size.
b) Town Planner holding valid registration with the Institute of Town Planners, India for plots measuring beyond 1 Ha.
2.12 Notice for alteration
When the notice is only for an alteration of the building only such plans and statement as may be necessary, shall accompany the notice.
2.12.1 No notice and building permit, is necessary for the following alterations, which do not otherwise violate any provisions regarding general building requirements, structural stability and fire safety requirements of these Bye-Laws;
a) Plastering and patch repairs;
b) Re-roofing or renewals of roof including roof of intermediate floors at the same height;
c) Flooring and re-flooring;
d) Opening and closing of windows, ventilators and doors not opening towards other's properties and / or public road/property;
e) Replacing fallen bricks, stones, pillars, beams etc.
f) Construction or re-construction of sunshade not more than 75cms. in width within one's land and not overhanging over a public street;
g) Construction or re-construction of parapet not more than 1.5 m. in height and also construction or re-construction of boundary wall as permissible under these ByeLaws;
h) White-washing, painting, etc. including erection of false ceiling in any floor at the permissible clear height provided the false ceiling in no way can be put to use as a loft etc;
i) Reconstruction of portions of buildings damaged by storm, rains, fire, earthquake or any other natural calamity to the same extent and specification as existed prior to the damage provided the use conforms to provisions of Master Plan/Zonal Plan;
j) Erection or re-erection of internal partitions provided the same are within the purview of the Bye-Laws.
2.13 Building permit fees
Building fees for covered area in plotted development/group housing; additions/alterations/revised plan; revalidation of plans; plan submission fee; for NOC/occupancy; for use of city infrastructure during the construction and other charges may be as determined by the Authority. Appendix “A-4”
a) Planning Permission/Norms with respect to the Provisions of Master Plan/ Development Plan:
The Owner, if she/he so desires, may apply to the Authority in a format (Appendix – ‘C’) for planning permission/Norms through his engaged Competent Professional for building plan design (as per Appendix ‘E’), submitting
(i) Title documents;
(ii) Development Code/Zoning Regulations of Master Plan/ Development Plan and
(iii) Building Bye-Laws, which she / he intends to follow.
The Owner/engaged Competent professional (as per Appendix ‘E’) shall indicate the Development Code interpretation of Master Plan/Development Plan and may support this through schematic drawings/sketches.
The Authority shall verify the title document and scrutinize the interpretation of Development Code / Zoning Regulations and accord planning permission within 30 days of submission of the application to the Owner/ engaged Competent Professional as per Appendix ‘E’. Procedure may however, be prescribed by the Authority in this behalf.
b) Sanction by Empanelled Professionals:
Competent Professionals (as per Appendix ‘E’) empanelled with the Authority, under the rules, shall be authorized to issue building permit subject to the various provisions of the said rules.
c) Instant Sanction / Deemed sanction by Certification:
i. Deemed building permit shall be applicable only in such cases where, a Competent Professional for building plan design as per Appendix ‘E’, has planned the building on an individual plot (forming part of an approved Layout Plan) and has certified that the building plans are within applicable building bye laws and Master plan Regulations.
This shall be applicable for buildings of height upto 15 mts / upto 17.5 mts with stilts of 2.5mts to be processed for instant sanction, if it is certified by 3 architects (including the architect who planned and designed the building), one structural engineer, one proof consultant and one services engineer, who are registered on a panel, maintained by the Local Body/Authority, that the plans have been prepared within the framework of provisions of the Master Plan and applicable Building Bye Laws/ Regulations and the construction shall be carried out in accordance with Master Plan and BBL provisions under compoundable limits. Proof check certification of design and detailed construction specification shall be mandatory. Drawings submitted shall be working drawings and no changes shall be permissible at site during construction.
The application along with the building plans, documents, fees and charges etc to be submitted to the Local Body/Authority for their records and after submission of all the requisite charges and documents it will issue instant sanction and owner can start the construction as per these plan which will be considered under Deemed building clause.
The Authority shall examine plans and documents within a period of 10 days and in case observes any deficiency, the owner/ engaged competent professional for building plan design (as per Appendix ‘E’) may be asked to rectify the same.
Notes – for proposals falling within the Prohibited and Regulated areas as defined by AMASR Act 2010, permission /NOC from Competent Authority shall have to be obtained as per Rules 2011 framed under the Act in addition to the given documentations required for “Deemed Sanction”
d) Standard Building Plans:
In case of standard building plans prepared by the Authority for residential plots upto 105 sq.mt. in size and forming part of the approved layout plan, the owner shall be entitled to sign such standard plans and the required documents for sanction. In such cases, certificate from professionals would not be necessary and the owner shall be bound to follow the approved standard plan in detail. The Authority shall explore options of EWS/LIG/MIG plotted housing schemes to develop pre-approved Standardized building plans of Housing Units for variable plots sizes/carpet area (in the range 30sqm-105sqm). The owner shall undertake construction of the so formed standard housing units in compliance to clause d) above.
2.14.2 Grant of Permit or Refusal
a) The Authority shall either sanction or refuse sanction to the plans and specifications or may sanction them with such modification or directions as it may deem necessary and thereupon shall communicate its decision to the person giving the notice in the prescribed form given in Appendix “A-6" and Appendix "A- 7".
b) The building plans for buildings identified in Bye-Laws no. 2.10.5. shall be subject to the scrutiny of the Chief Fire Officer and building permit shall be given by the Authority only after the clearance from the Chief Fire Officer is obtained.
c) In case where the building scheme requires the clearance of an Urban Art Commission, if constituted for the city then the Authority shall issue the building permit only after getting the clearance from the Urban Art Commission.
d) If, within 15 days of the receipt of notice under 2.9.1 of the Bye-Laws, the Authority fails to intimate in writing to the person who has given the notice, of its refusal or sanction to the notice with its plans and statements, the same shall be deemed to have been sanctioned provide the fact is immediately brought to the notice of the Authority in writing by the person who has given notice and having not received any intimation from the Authority within 15 days of giving such notice subject to the conditions mentioned in these Bye-Laws, nothing shall be construed to authorize any person to do anything in contravention or against the terms of the lease or title of the land or against any regulations, Bye-Laws or ordinance operating at the time of execution of the work at site.
e) Once the plan has been scrutinized and objections have been pointed out, the Owner who has given the notice under Section 2.9.1 shall modify the plan to comply with the objections raised and resubmit the modified plans. The Authority shall scrutinize the resubmitted plans and if, there are still some objections that shall be intimated to the applicant for compliance. Only thereafter the plans shall be sanctioned. It is further clarified that:
i) The above provision of deemed sanction shall be applicable only in those cases where construction is to be carried on plot forming part of an approved layout plan of the Authority.
ii) No notice under Section 2.9.1 shall be valid unless the information required by the Authority under these Bye-Laws or any further information which may be required has been furnished to the satisfaction of the Authority.
iii) The Owner/ engaged Competent Professional for building plan design (as per Appendix ‘E’) and others shall be fully responsible for any violation of Master Plan/Zonal Plan/ Building Bye-Laws, architectural controls, lease deed conditions etc. In case of any default they shall be liable for action. Any construction so raised shall be deemed to be unauthorized and shall be liable for action.
2.14.3 Duration of Sanction/Revalidation:
Once a building permit is sanctioned, it shall remain valid for three years from the date of sanction for residential, industrial and commercial buildings (4 storeyed) and for a period of four years from the date of sanction for multi-storeyed buildings of 15 m. and above in height. However, the validity period of sanction in case of additions/alterations in both the cases, shall be two years from the date of sanction. The building permit shall be got revalidated in the prescribed form (Appendix- ‘A-8’) before the expiry of this period on year-to-year basis. Revalidation shall be subject to the Master Plan/Zonal Plan regulation and building Bye-laws, as in force, for the area where construction has not started.
2.14.4 Revocation of Permit:
The Authority shall revoke any building permit issued under the provisions of the ByeLaws, wherever there has been any false statement, mis-representation of material facts in the application on which the building permit was based. Or If during construction it is found that the Owner has violated any of the provisions of the Building Bye-Laws or sanctioned plan or compoundable limits.
Fresh sanction of building plans and occupancy certificate shall be taken from the Authority after bringing the building within the framework of Master Plan/ Zonal Plan/ Building Bye-Laws.
2.14.5 Qualification and Competence
Qualification and competence of all professionals including Architect/ Engineer/ Structural Engineer/ Town Planner/ Landscape Architect/ Urban designer/ Supervisor/ Plumber/ Electrician/ Fire Consultant shall be as given in Appendix -"E".
2.14.6 Penal Action
a) The Authority reserves the right to take action and to debar/blacklist the Town Planner, Architect, Engineer, Supervisor or Plumber, if found to have deviated from professional conduct or to have made any false statement or on account of misrepresentation of any material facts or default either in authentication of a plan or in supervision of the construction against the building Bye-Laws and the sanctioned building plans.
b) If the sanctioning Authority finds at any time any violation of the building ByeLaws or misrepresentation of facts, or construction at variance with the sanction or building Bye-Laws, inclusive of the prescribed documents, the Authority shall revoke the sanction and take appropriate action against such professional and such professional shall not be authorized to submit fresh plans till finalization of the case. Before debarring or blacklisting such professional if found to be indulging in professional misconduct or where she/he has misrepresented any material facts, the Authority shall issue a show cause notice with an opportunity of a personal hearing and shall pass an order to debar her/him for submission and supervision of the construction with full justification for the same. An appeal against this order shall lie with the Authority with whom she/he is registered.
2.14.7 Unauthorized Development
In case of unauthorized development, the Authority shall take suitable action, which may include demolition of unauthorized works, sealing of premises, prosecution and criminal proceeding against the offender in pursuance of relevant laws in force.
2.15 Procedure during Construction work
a) Construction to be in Conformity with Bye-Laws –
Owners’ liability: Neither the granting of the permission nor the approval of the drawings and specification, nor inspection by the Authority during erection of the building, shall in any way relieve the Owner of the building from full responsibility for carrying out work in accordance with these Bye-Laws.
b) Commencement of work:
The owner, within the validity period of the building plan sanction given, shall start the construction work at the site for which building permit has been granted under the supervision of the Architect / Engineer as per the competence given in Appendix “E”. The owner does not have to submit notice for the commencement of construction after sanction but shall be required to submit notices to the Authority as per Section 2.15.3 and2.16 for stages of construction.
[The practice of submitting Notice of Commencement of Work to the Authority is to be done away with.]
2.15.2 Documents at Site:
The person to whom a permit is issued shall, during construction keep, posted in a conspicuous place on the property in respect of which the permit was issued
a) A copy of the building permit;
b) A copy of the approved drawings and specifications referred in Bye-Laws 2.14 of the property in respect of which the permit was issued.
c) Where tests of any materials are made to ensure conformity with the requirements of the Bye-laws, records of test data shall be kept available for inspection during the construction of the building and for such a period thereafter as required by the Authority.
2.15.3 Checking of Building during Construction
The Owner through his engaged Competent Professional for building plan design (as per Appendix ‘E’) shall give notice to the Authority in the proforma given in Appendix-‘A-10’ on completion of the work up to plinth level to enable the Authority to ensure that work conforms to the sanctioned building plans and Building Bye-laws. It will be obligatory on the part of the Authority to inspect the work and submit objections, if any, to the owner and the engaged Professional for building plan design (as per Appendix ‘E’) within 15 days from the receipt of such notice in Appendix ‘A11’ failing which work will deemed to be cleared for further construction. It will be the responsibility of the Owner/Architect/Engineer/ Supervisor to ensure further construction of the building in accordance with the sanctioned building plan.
It will also be obligatory on the part of the Authority to carryout periodic inspection as may be determined by the Authority during further construction. A report of each inspection shall be prepared in duplicate by the Authority in the proforma as per Appendix ‘A-11’ and a copy of the same duly signed by the Authority shall be given to the Owner or to his engaged Competent Professional for building plan design.
2.16 Notice of Completion
Every Owner shall submit a notice of completion of the building (prescribed in Appendix-‘A-12’) to the Authority regarding completion of the work described in the building permit. The notice of completion shall be submitted by the Owner through the engaged Competent Professional for building plan design (as per Appendix ‘E’) as the case may be who has supervised the construction, in the proforma given in Appendix- ‘A-12’ accompanied by three copies of completion plan (as in case of sanctioned plan including one cloth mounted copy) and the following documents along with the prescribed fee:
i) Copy of all inspection reports of the Authority.
ii) Clearance from Chief Fire Officer, whenever required.
iii) Clearance from Chief Controller of Explosives, Nagpur, wherever required.
iv) Clearance from Electricity Department (Municipal Council / Corporation for areas falling in the jurisdiction of Municipal Council / Corporation) regarding provision of transformers / sub-station / ancillary power supply system etc. wherever required.
v) Structural stability certificate duly signed by the Structural Engineer.
vi) Certificate of fitness of the lift from concerned Department wherever required.
vii) Two sets of photographs from all sides duly signed by Owner/ hired Competent Professional for building plan design (as per Appendix ‘E’), as the case may be.
viii) Any other information/document that the Authority may deem fit.
ix) A certificate by the Owner and engaged Competent Professional for building plan design (as per Appendix ‘E’), for covering up the underground drain, sanitary and water supply work, under their supervision and in accordance with Building Byelaws and sanctioned building plans stipulated in the Appendix ‘A-13’ as applicable.
x) In case of large campus/complex, completion of individual block/building will be issued by the local body in accordance with the construction work completed phase wise in the proforma given in Appendix ‘A-13’.
xi) The extension of time up to the date of applying for completion certificate. In case, if the completion certificate is refused due to deviation, which cannot be compounded, the completion will be rejected and extension of time will be required accordingly.
xii) No Objection Certificate for regular water supply and electricity may be issued only after the completion certificate is obtained.
2.17 Completion and Permission for Occupation
The Authority on receipt of the notice of completion shall inspect the work and communicate the approval or refusal or objection thereto, in the proforma given in Appendix ‘A-14’ and ‘A-15’ within 15 days in case of plotted development and 20 days for Group Housing Schemes from the receipt of notice of completion. Approval to occupancy certificate shall not be refused for the residential buildings as defined under clause 1.16 vi (a) unless the Authority is satisfied that major deviations have been carried out after the last inspection of the Authority. If nothing is communicated within this period, it shall be deemed to have been approved by the Authority for occupation provided the fact is immediately brought to the notice of Authority in writing by the person, who had given the notice and has not received any intimation from the Authority within 15 days. Where the occupancy certificate is refused, the reasons shall be intimated for rejecting in the first instance itself.
2.17.2 Deemed-Completion / Occupancy Certificate
Owner/ engaged Competent Professional for building plan design of the project may be authorized by the Competent Authority to issue completion/Occupancy Certificate for such buildings/projects where Deemed Building Permit/Instant Sanction were followed, provided owner/ engaged Competent Professional certify that the construction has been in accordance to the sanctioned building plan and all the Rules/Regulations and Bye-laws have been followed while constructing the Building.
The procedure to be followed shall be – The owner/ engaged Professional for building plan design, shall submit the application along with all the documents, completion plans and the processing fees/charge. The Plans shall have to be certified by the Owner/ engaged Professional for building plan design and also by two Architects and a structural engineer, a service engineer with minimum 10 years’ experience from a panel of such professionals maintained by the Authority, certifying that the completion plans are in accordance to the sanctioned building plans and in accordance to building bye laws
2.17.4 In case of buildings as defined in clause 1.16. vi (b) to (k)
The work shall also be subject to the inspection of the Chief Fire officer, and the occupancy certificate shall be issued by the Authority only after the clearance from Chief Fire Officer regarding the completion of work from the fire protection point of view. Except ‘Group Housing’ all residential proposals are exempt from this clause.
2.17.5 Special Cases
In case, where the building scheme requires the clearance of an Urban Art Commission, then the Authority shall issue the occupation certificates only after getting clearance from the Urban Art Commission.
2.17.6 Time limit of days as described in clause
2.17.1 for completion of project shall not apply to buildings as described in clause 2.17.3 & 2.17.4
2.18 Occupancy/ Part Completion Certificate
2.18.1 Phased Project
In such cases where a project has not been completed at one stretch but constructed in different stages, part occupancy/completion certificate for the building otherwise complete in all respects, may be issued subject to the condition that such a part occupancy/completion certificate would apply to an independent block/building of the sanctioned project. In case of a residential house part occupancy/completion may be issued for an independent floor.
For projects referred to in clause 2.18.1, the rest of the construction which forms part of the sanctioned plan/scheme shall be completed in the remaining sanctioned or extended period after revalidation as the case may be. Thus the remaining sanction will not lapse if the part completion certificate is issued. The remaining construction shall be completed in the validity period.
2.19 Connection to the municipal sewer / water mains
a) Temporary connection for water, electricity or sewer, permitted for the purpose of facilitating the construction, shall not be allowed to continue in the premises without obtaining completion/occupancy certificate.
b) No connection to the Municipal water mains or to the Municipal sewer line with a building shall be made without the prior permission of the Authority and without obtaining occupancy /completion certificate.
c) In case the use is changed or unauthorized construction is made, the Authority is authorized to discontinue such services or cause discontinuance of such services.