Kerala Panchayat Building (Regularisation Of Unauthorised Construction) Rules, 2024

 

[09th February 2024]

S. R. O. No. 168/2024 In exercise of the powers conferred by section 254 read with section 235AB of the Kerala Panchayat Raj Act, 1994 (Act 13 of 1994) and in supersession of the Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2018 issued under G. O. (P) No. 12/2018/ LSGD dated 15th February, 2018 and published as S. R. O. No. 96/2018 in the Kerala Gazette Extraordinary No. 408 dated the 20th February, 2018, the Government of Kerala hereby make the following rules, namely:-

Rule - 1. Short title, commencement and applicability

(1)     These Rules may be called the Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024.

(2)     These rules shall come into force at once.

(3)     These rules shall apply to unauthorized constructions carried out or completed on or before the 7th day of November, 2019 in any Grama Panchayat area in the State.

Rule - 2. Definitions

(1)     In these rules, unless the context otherwise requires,-

(a)      "Act" means the Kerala Panchayat Raj Act ,1994 (Act 13 of 1994);

(b)      "Building Rules" means the Kerala Panchayat Building Rules, 2011;

(c)      "Fair value of land" means fair value of land fixed under section 28A of the Kerala Stamp Act, 1959 (Act 17 of 1959) pertaining to the plot in which the unauthorised construction considered for regularisation under these rules is situated;

(d)      "Government" means the Government of Kerala;

(e)      "Licensee" means the Architect, Building Designer, Engineer, Town Planner, Supervisor etc. registered under Chapter XXIII of the Building Rules, who can certify and perform functions and assume responsibilities, as provided in Appendix L and Rule144 of the Building Rules;

(f)       "Low Risk Buildings" include residential buildings under Group A1 occupancy, with built up area of less than three hundred square meters and height less than seven meters and limited to two storeys, hostel, orphanage, dormitory, old age home, seminary under Group A2 occupancy having built up area less than two hundred square meters, educational buildings under Group B occupancy having built up area less than two hundred square meters, Group D occupancy buildings where persons congregate for religious and patriotic purposes having built up area less than two hundred square meters, Group F occupancy buildings having built up area less than one hundred square meters, and Group G1 occupancy buildings without any nuisance and not dangerous and having built up area less than one hundred square meters;

(g)      "Secretary" means the Secretary of the Grama Panchayat concerned;

(h)     "Structural Engineer" means a Civil Engineer with Post Graduate Degree in Structural Engineering with minimum five years experience in structural design and supervision;

(i)       "Town Planner" means the Town Planner or the Senior Town Planner of LSGD Planning having jurisdiction over the District concerned;

(j)       "Town Planning Act" means the Kerala Town and Country Planning Act, 2016 (Act 9 of 2016);

(k)      "Town Planning Scheme" means any Master Plan or Detailed Town Planning Scheme under the Kerala Town and Country Planning Act, 2016 (Act 9 of 2016);

(l)       "Unauthorised Construction" means any construction, addition or reconstruction carried out or completed on or before the 7th day of November, 2019 and which the Secretary has no power to regularize under section 235W of the Act, and Chapter XXII of the Building Rules.

(2)     Words and expressions used and not defined in these rules, but defined in the Act or the Building Rules shall have the same meaning assigned to them in the Act or the Building Rules.

Rule - 3. Submission of application for regularization of unauthorized Construction

(1)     Application for regularization of unauthorised construction declaring the details pertaining to the unauthorised construction shall be submitted to the Secretary concerned in Form I-A appended to these Rules, in duplicate, and the application fee specified in rule 4. The applications for regularisation of unauthorised construction under these rules shall be received by the LSGI Secretaries till such date as will be ordered by the Government in due course of time.

(2)     The application shall be accompanied by the following documents, namely:-

(a)      Receipt for payment of application fee, if any paid to the Panchayat as per rule 4 of these rules;

(b)      Three copies of the floor plans, elevations and section(s) of the building(s) constructed, the site plan, building plan and wherever applicable the service plans, parking plans drawn as provided in sub-rule (11) of rule 7 of the Building Rules and specification there under,-

(i)       Certified by the owner to the effect that "this is the drawing(s) having reference to the details furnished in Form I-A and documents enclosed along with".

(ii)      Certified by the building licensee to the effect that "this is the drawing(s) having reference to the details furnished in Form I-A and documents enclosed along with and that the details and measurements therein conform to actual constructions made in the site. I further certify that the unauthorised building(s) is/are structurally stable (applicable in the case of unauthorised construction with the exception of high rise buildings or telecommunication towers)."

(iii)     Certified by a Structural Engineer to the effect that "the unauthorised high rise building(s)/unauthorised telecommunication tower(s)/the building above which unauthorised telecommunication tower is erected as per the drawings and Form 1-A enclosed herewith is/are structurally stable."

Provided that in the case of huts, a site plan showing the outline of the built-up area, the boundaries of the plot and nearby streets, duly signed by the owner is only required:

Provided further that in the case of constructions under approved schemes as mentioned in rule 72 of the Building Rules with total floor area of building up to 60 sq. meters and number of floors limited to two and a stair room, where the construction has to be done by individuals separately, a site plan showing the outline of the built-up area, the boundaries of the plot and the nearby streets, duly signed by the owner only is required:

Provided also that the unauthorised construction applied for regularisation shall be indicated in red colour outline in all the drawings submitted.

(c)      Documents to prove ownership of land such as,-

(i)       Copy of land deed;

(ii)      Copy of latest tax receipt;

(iii)     Copy of latest possession certificate;

(iv)    Attested copy of the survey sketch from Revenue Department, if the plot falls under any Town Planning Scheme.

(d)      Time stamped photographs of the unauthorised building(s) applied for regularization under these rules (minimum of 4 nos. from all four sides showing all external details of development) which is to be attested by the owner and the Licensee.

(e)      Proof of having completed or carried out the construction on or before the 7th day of November, 2019.

(f)       Proof of valid Registration of the licensee;

(g)      Proof of qualification of Structural Engineer who has issued the structural stability certificate;

(h)     Copies of the documents regarding Court cases (Courts, Tribunal, Ombudsman etc.) pertaining to the plot or constructions therein;

(i)       Copy of any Government order, circular, any form of communication pertaining to the plot/land or any construction works therein;

(j)       Proof of having stopped the construction before 7th day of November, 2019 on account of any communication from the Grama Panchayat or Government directing to stop the unauthorized construction if any issued;

(k)      Copy of approved plans and/or permit issued if any, by the Secretary as per provisions contained in the Act or Building Rules;

(l)       Orders if any, granting exemption from the provisions of the Kerala Building Rules 1984, obtained earlier;

(m)    Details of action, if any taken by the Grama Panchayat concerned against this unauthorized construction;

(n)     Copy of orders granting exemption/modification/dispensation from the provisions of the Town Planning Schemes, obtained earlier;

(o)      Copy of previous orders if any, regularizing construction(s) within the plot;

(p)      Copy of the resolution made by all unit owners or association of unit owners (For residential apartments);

(q)      Checklist and Acknowledgment (as in Appendix X) in triplicate;

(r)      Copy of Aadhar card of the applicant;

(s)      Any other details pertaining to or of relevance to the plot and buildings therein if any.

(3)     lf the application received is not in order and/or incomplete for further scrutiny, the Secretary shall, within fifteen working days of the receipt of the application, inform the applicant, to rectify the same and submit within 30 days from the date of receipt of letter/communication issued by the Secretary.

Rule - 4. Application fee

The application fee to be paid to the Grama Panchayat while submitting the application for regularisation of unauthorised construction, shall be as per the Table 1 below,-

 

TABLE 1

Note.-(1) The area for this purpose shall be the total built-up area on all floors of the unauthorised building(s).

(2) The application fee remitted shall not be refunded under any circumstance.

Rule - 5. Construction after submission of application for regularization

During verification if it is found that the applicant has undertaken further additions or extensions to the existing building after submission of application for regularization, then such application shall be summarily rejected.

Provided that internal additions or alterations without change in the structure of the building can be considered for regularization.

Rule - 6. Procedure for disposal of application

(1)     In the case of applications other than those cited in sub-rule (3) of rule 3, the Secretary shall, verify the application, inspect the location, site and the buildings and after detailed verification and scrutiny, prepare a detailed report in Form I B appended to these rules, in duplicate, incorporating compounding fee as per Appendix I in the case if the unauthorised construction is regularised, duly sign and make a certification, as provided therein. The Secretary shall scrutinize the application on first- in first- out basis.

(2)     If the application received is in order, the Secretary shall forward the application along with the following documents to the Town Planner within 15 days from the date of receipt of the application-

(i)       One copy of Forms I-A and I-B duly filled up in all respects with office seal affixed in all pages;

(ii)      Two sets of drawings verified, duly signed and certified by the owner, licensee, and structural engineer as the case may be. The verified drawings shall be signed by the Secretary or any designated person authorized by the Secretary:

(3)     The other documents received along with the application shall be kept in the office after due verification.

(4)     On scrutiny of application for regularization, if it is found that the unauthorised construction(s) does not conform to the following Act or provisions, the Secretary shall reject the application citing the reason for rejection,-

(i)       Section 220(b) of the Kerala Panchayat Raj Act, 1994 for buildings other than low risk buildings and a minimum 2m setback between the road boundary and the building, in the case of low risk buildings (For low risk buildings, deficiency in distance between road boundary & building up to 1m may be allowed subject to the payment of additional compounding fees as specified in these rules and a registered agreement between the owner and the Secretary, LSGI to the extent that the owner will not claim any compensation for the regularized building in the event of the acquisition of the building in full or part, in future).

(ii)      Town Planning Scheme, if any, for that area under the Town Planning Act;

(iii)     The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Act 24 of 1958) and the rules made there under;

(iv)    The Kerala Conservation of Paddy Land and Wet land Act, 2008(28 of 2008);

(v)      Coastal Zone Regulations notified by the Ministry of Environment and Forests, Government of India;

(vi)    The Real Estate (Regulation And Development) Act, 2016(Central Act);

(vii)   The Aircraft Act 1934(22 of 1934)

(viii)  Safety and security provisions in the Building Rules laid out in Appendix II to these rules

(ix)    If the unauthorized construction is carried out in any land which is acquired for road widening or public land

(x)      If the building was earlier regularized under the provisions of previous regularisation rules.

(xi)    50% of the mandatory parking space for the construction required as per the building rules is not available in the plot

(xii)   Where F.A.R exceeds 1.5 times of the maximum permissible F.A.R prescribed in Table 2 of Rule 35 of the building rules.

(xiii)  Where Coverage exceeds 1.5 times the maximum permissible Coverage prescribed in Table 2 of Rule 35 of the building rules or 80%, whichever is less.

(xiv)  Where two-third of the mandatory access width as required in Rule 37 of the building rules is not available.

(xv)   Where off-street parking required as per Rule 38 of the building rules, minimum access width of 2.4m for A1 occupancy and 3m for other occupancies is not available.

(xvi)  If the land has no title deed or document for ownership as defined in the building rules.

(5)     The Secretary shall reject the application within 30 days, if they are not in order and/or not duly filled up or signed or certified, or violating the provisions in rules and Acts mentioned in sub-rule 4 of these rules, citing reasons for rejection.

(6)     The Town Planner shall consider the duly filled up forms and the drawings forwarded by the Secretary and prepare technical recommendations in Form I-C. The Town Planner may, if necessary, inspect or cause to inspect the location and/or site and/or the building.

(7)     The Town Planner shall return the forms and the drawings within 15 days to the Secretary for rectification, if they are not in order and or not duly filled up or signed or certified, citing reasons for the non-acceptance.

(8)     The Town Planner shall place the following within 30 days from the date of receipt of application, if they are in order, before the District Level Committee,-

(i)       Forms I-A, 1-B and I-C duly filled up and signed;

(ii)      Two sets of drawings forwarded by the Secretary and signed and certified by the Town Planner to the effect that the technical recommendation made has reference to this drawing(s).

(9)     The District Level Committee for considering the applications for regularisation of unauthorized constructions is hereby constituted with the following members, namely:-

(1)     The Joint Director of the district concerned (Chairman);

(2)     The Town Planner/Senior Town Planner of the district concerned (Convener);

(3)     The Secretary, Local Self Government concerned (Member);

(4)     Local Self Government Engineer concerned (Member).

(10)   The District Level Committee shall be convened by the Town Planner. The Committee shall consider the duly filled up forms and the drawings placed by the Town Planner and based on the merit of the application, may issue orders according sanction to the Secretary for regularization with or without conditions and approve the plans or reject the application for regularization and forward the same to the Secretary concerned along with a copy of the drawing approved or rejected by the Committee. A copy of the orders of the Committee shall be forwarded to the applicant also. Any order according sanction for regularisation shall specify,-

(1)     the name of applicant, survey number/resurvey number of the plot/ land with the name of village, occupancy of the buildings, total floor area, number of floors in each buildings;

(2)     conditions, if any, under which sanction for regularisation is granted;

(3)     period within which the conditions, if any stipulated for regularisation is to be complied with;

(4)     the amount of compounding fee to be remitted to the Local Self Government Institutions concerned

(11)   Once the orders according sanction for regularisation with or without conditions or rejecting the same are received by the Secretary, the Secretary shall intimate the applicant accordingly on each application, with copy of the said order. If sanction is accorded to regularise the unauthorised construction, Secretary shall intimate the applicant to comply the conditions, if any in the orders.

(12)   The Secretary shall, in his intimation, inform the applicant to submit all concurrences/approvals required as per Building Rules from various Central or State Government Departments and agencies such as Fire and Rescue Services Department, State level Environment Impact Assessment Authority, Ministry of Environment and Forests of Government of India, Coastal Zone Management Authority, Airports Authority, Railway Authorities, Defence Authorities, Kerala State Pollution Control Board, District Collectorate, Electrical Inspectorate, LSGD( Planning) etc. and check conformity to any law or rules, byelaws, notifications etc. made under such law(s) other than the Act wherever applicable.

(13)   The applicant, after complying the directions in the intimation of the Secretary, shall in writing inform the Secretary about the compliance and submit an indemnity bond as in Appendix III.

(14)   The Secretary on receipt of such letter from the applicant shall verify the compliance in all respects and if complied, Secretary shall direct the applicant in Appendix XI to remit the compounding fee as stipulated in the orders of the Committee according sanction to the Secretary for regularisation. Once the applicant intimate the Secretary with proof of theremittance of compounding fee, Secretary shall issue final orders in Appendix VII for regularisation and copy of the said order shall be sent to the applicant.

(15)   The Secretary shall also publish the list of such orders issued in the office notice board every month and in the official website of the Panchayat concerned. The List shall include the number and date of the orders issued, the name of the applicant, survey/resurvey numbers and name of village and taluk pertaining to the plot, violations and whether the construction was regularized or not regularised; or regularized with conditions.

(16)   The details of the Licensee, Structural Engineers, Architects etc., who have been involved in the design, supervision and construction of the building under regularization will also be made available in the website along with the details of the building so regularized/rejected.

(17)   The Secretary shall maintain a register of all treasury remittances towards compounding fee and shall forward quarterly reports thereon to the Government through the Principal Director, LSGD

(18)   The Secretary shall also maintain a permanent register of all unauthorised constructions/buildings regularised under these rules, containing details such as name and address of the applicant, survey/resurvey numbers and name of village of the plot, occupancy, number of storeys, floor area of each floor, Name of Licensee & Structural Engineer, violation of rules regularised, number and date of the sanction order by the District Level Committee amount of compounding fee remitted with challan receipt particulars, conditions, if any, stipulated in the order and action taken there on.

Rule - 7. Duties, responsibilities and liabilities

(1)     The owner and the licensee shall be equally responsible for the conformity of the drawings to actual constructions made in the site and the details therein.

(2)     It shall be the responsibility of the owner and the licensee concerned who has issued the Structural Stability Certificate as per the provisions contained in these rules, to ensure the structural stability of the building. In the case of high-rise buildings, telecommunication towers and building if any above which such telecommunication tower is erected, the owner and the structural engineer who had issued the structural stability certificate as per these rules shall be responsible for the structural stability of such building(s)/constructions.

(3)     The licensee including Architects, Building Designers, Engineers, Town Planners, Supervisors etc. registered under Chapter XXI of the Building Rules, who violates the functions and responsibilities entrusted on him shall also be liable to action as prescribed in sub-rules(7) and (8) of rule 144 of the Building Rules, and the Licensee/Structural Engineer who certify the plan with wrong information shall be blacklisted all over Kerala. If convinced that the Licensee has violated any rule or furnish false information, his registration will be suspended or cancelled or may be disqualified from future registration based on the gravity or the violation on a case to case basis. In the case of Architects, action shall be recommended against the Architect to the Council of Architecture in accordance to the Architects (Professional Conduct) Regulations, 1989. The details of such licensee including photograph shall be published in the website of the concerned Panchayat, LSGD Planning and Principal Directorate, LSGD

(4)     If the applicant fails to remit the specified compounding fee and or fails to comply with the conditions on or before the date specified in the regularisation order, such order issued by the Committee shall cease to operate from the next day of the said date.

(5)     In cases, where the unauthorised construction is considered to be regularized by the Committee, if the Secretary has furnished a compounding fee in Form I-B not in conformity to Appendix I, the Secretary shall be liable for furnishing false information. The appropriate authority shall take action against Government Servants as per Service Rules applicable to them, who manipulate, prepare and furnish false reports intentionally against the spirit of these rules.

(6)     The compounding fee remitted, shall not be refunded under any circumstances.

Rule - 8. Construction after regularization

(1)     No further construction or regularization shall be permitted in the building once the building has been regularized under the provisions of these rules.

(2)     No unauthorized construction shall be regularised in future.

Rule - 9. Procedure in case the application for regularization is rejected

(1)     In case if the application for regularization is rejected or the applicant does not fully comply with any of the conditions stipulated in the regularization order including non-remittance of compounding fee within the time limit specified, it shall be the responsibility of the Secretary to take appropriate action within a period of one month for the demolition of the building or part thereof as per the provisions contained in the Building Rules.

(2)     If the owner of any unauthorized construction fails to submit application for regularisation duly filled up in the prescribed form with relevant details with in the stipulated time or if the application for regularization is rejected, the Secretary shall take appropriate action within a period of one month for the demolition of such unauthorised construction and recover the cost of demolition from the owner as if it were arrears of property tax.

(3)     The Secretary shall have the power to initiate prosecution against the owner or the person responsible for the unauthorised construction for not complying with the provisions of the Act or these rules or any orders issued thereunder as per the provisions of the Act.

Rule - 10. Appeal before the State Level Committee

(1)     Any person aggrieved by an order issued by the District Level Committee may file a petition for appeal, to the State Level Committee.

(2)     A petition for appeal under sub-rule (1) shall be filed within thirty days from the date of service of the order, allowing or rejecting the application by the District Level Committee/Secretary.

(3)     The appeal petition shall be in transparent paper typed or written in ink, affixed with court fee stamp worth rupees five, and the same shall be submitted along with true copy of the order to be reviewed.

(4)     When a petition for appeal has been presented under these rules, the Principal Director, Local Self Government Department may, if found necessary, stay the operation of the order, pending consideration of the appeal.

(5)     The State Level Committee for considering/reviewing appeal petitions is hereby constituted with the following members, namely:-

(i)       The Principal Director, LSGD (Chairman)

(ii)      The Director, LSGD (Rural) (Member)

(iii)     The Chief Town Planner , LSGD Planning (Convener)

(iv)    The Chief Engineer , LSGD (LID & EW)(Member)

(6)     The Committee shall be convened by the Chief Town Planner, LSGD Planning. The Committee shall review the petition considering the merit of the appeal.

(7)     The committee after reviewing the petition, shall pass appropriate orders and it shall be forwarded to the Secretary, LSG concerned, for necessary action and compliance, with copy thereof to the District Town Planner and the person aggrieved.

(8)     The decision of State Level Committee shall only be reviewed by the Government.

Rule - 11. Appeal to the Government

(1)     Any person aggrieved by the order issued by the State Level Committee under the provisions of these rules, may file an appeal for review, to the Government:

Provided that there shall be only one appeal against any order issued by the State Level Committee.

(2)     The Principal Secretary, LSGD shall be the appeal authority of the Government.

(3)     Appeal under sub-rule (1) shall be presented within thirty days from the date of service of the order of the State Level Committee.

Rule - 12. Power of the Government to cancel or revise the order

(1)     The Government shall have the power to cancel or revise any order issued under these rules at any time, if found that any building regularized is of serious safety and security concerns.

(2)     The Government shall have the power to cancel any order issued under these rules at any time, after hearing the applicant, if it has come to the notice that the information furnished by the applicant or the certification made by the licensee in the plans and in the application in Form I-A or structural stability certificate issued by the Structural Engineer, is by suppression or misrepresentation of facts.

(3)     Notwithstanding the above, Government shall have the power to take or cause to take appropriate legal action against those who have suppressed or misrepresented the facts.

Rule - 13. Removal of doubts

The Government shall have power, if any doubt arises with regard to the interpretation or otherwise of any provision or if any difficulty arises in the implementation of the provision, to clarify the doubt or to issue necessary direction for removing the difficulty.

 

APPENDIX I

[See rule 6(1)]

[The Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024]

COMPOUNDING FEE

Compounding fee for regularization of unauthorized construction carried out on or before the 07th day of November 2019 violating the provisions of the Building Rules.

(1)     Telecommunication Towers

(2)     Single family residential buildings upto 300 sq. metre floor area

(3)     Other buildings:

Note:-(1) Fair Value considered for calculation of the basic compounding fee shall be the maximum fair value of the survey numbers within the plot.

 

(2) In the case of building/building complex which accommodates more than one occupancy, the basic rate specified in Table 2, below will be that of the rate for occupancies other than A1.

 

(3) The floor area considered for regularisation will be the total floor area on all floors of the building which has to be regularised.

 

(4)     Additional fee for higher Floor Area Ratio value as prescribed in column (5) of Table 2 of the building rules shall be levied by the Gram Panchayat for floor area in excess of that corresponding to Floor Area Ratio value in column (4) but up to that in column (5) of table 2 of Building Rules, if not already paid. This is in addition to the compounding fee prescribed above.

(5)     The compounding fee for item (2) (b)- "Single family residential buildings above 60 sq.m and up to 300 sq.m floor area" shall be the sum of sub-items (b)and (c), if the building violates the provision of Section 220b of the Act.

(6)     The compounding fee for item (3) (ii)- "Single family residential buildings above 300 sq.m floor area and other buildings above 100 sq.m floor area" shall be the sum of sub- items (a), (b), (c), (d), (e), (f) and (g).

(7)     In case if any part of a structure is constructed unauthorisedly, for the purpose of calculation of the fees as per these rules, the whole structure shall be considered as unauthorised construction.

(8)     While calculating the parking requirement and available parking, fractions should be rounded of the next whole number

 

TABLE 2

Basic Rate for Compounding Fee (Rs.)

(9)     In the case of certain occupancies, the following percentages of the compounding fee as per Appendix I shall be applicable, if the unauthorised building is recommended for regularization,-

 

TABLE 3

APPENDIX II

[See rule 6(4)]

[The Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024]

Safety and security provisions in the Building Rules required to be strictly complied with for regularisation in the case of unauthorized constructions

 

(1)     sub-rule (5) of rule 26 and Table I - Clearance from Overhead Electric Lines.

(2)     Wherever off-street parking is provided, motorable access of width not less than 3 meters shall be provided to the building and plot. Also in the case of A1 occupancy, if the number of units is not more than 8, then the width of such motorable access to offstreet car parking shall not be less than 2.4 meters.

(3)     rule 104 -Facilities for persons with disabilities.

(4)     rule 47 -Fire escape staircase.

(5)     rule 51 -Lift.

(6)     Sub-rule (3) to (15) of rule 61 -Provisions for Group I(1) and Group I(2) occupancies.

(7)     Provisions for Waste disposal as per rule 30A, Ground water recharging arrangements as per rule 101, Rain water Storage arrangements as per rule 102 and Solar Assisted Water Heating and Lighting System as per rule 103 shall be provided as per Building Rules

(8)     rules 107 to 114 with modification to Rule 112(1) of Chapter XIX- Safety Provisions for High rise Buildings as specified below:

If a motorable road of width not less than 5m is available on the side contiguous to the front and if open space for the building within the plot on that side is minimum 3.6m and is kept open by not constructing any compound wall, fence or structure then, regularization may be considered by the Government if it is fully satisfied that safety, security and fire-fighting capabilities are not compromised.

Provided that the open space of the building shall be at the same level as that of motorable road on that side.

(9)     rules 122 to 125 of Chapter XIX-Telecommunication Towers.

(10)   In case of applications where a building is constructed close to or abutting the plot boundary without the consent of the adjacent plot owner, the committee should ensure proper storm water drainage is provided, minimizing any negative consequences on neighboring properties.

(11)   Any other provisions in the building rules having serious safety and security concerns.

Note:-(1)As regards constructions with reference to item (11), taking into account the serious nature of safety and security concerns, the Committee may decide as to the extent up to which regularisation can be considered on a case by case basis.

 

(2) As regard to item (3), the size requirement of toilet may be reduced to a tolerance limit of maximum of 10 % from the rules specified subject to minimum of 1.5 m on the shorter side without compromising its basic function.

 

APPENDIX III

(See rule 6(12))

[The Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024]

Indemnity Bond and Undertaking to be submitted along with Intimation to Secretary

(On Stamp paper worth Rs.100 and Notarised)

THIS INDEMNITY BOND and Undertaking made on this ....................... day of ....................... 2024 by Smt./Sri ....................... S/o, D/o, W/o ....................... Age ....................... Full Address ....................... herein after referred to as the FIRST PARTY which term shall include their legal heirs, successors, assignees, agents, representatives and tenants. IN FAVOUR OF The Secretary of ....................... / Grama Panchayat herein after called the SECOND PARTY, which term shall include all officials and staff of the ....................... Grama Panchayat.

WHEREAS, the FIRST PARTY has applied for the regularisation of the unauthorised construction of ....................... (occupancy) ....................... (floor area) sq.m near building No. ....................... ; or telecommunication tower/ pole structure near/over the building no; or alteration/addition to an existing building No. ....................... in Sy. No. ....................... of village ....................... Taluk in ....................... Grama Panchayat ....................... District in the site/plot covering an extent of ....................... sq.m.

AND, WHEREAS the SECOND PARTY has agreed to consider regularisation of the unauthorized construction in the said site/ plot in terms of Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024it is hereby affirmed that made that there are no cases pending before or direction(s), judgment(s) etc. issued by Courts, Tribunals, Ombudsman etc and there are no claims of Government/Banks/Attachments of Courts/Land acquisition proceedings etc. specific to the plot or constructions therein, which prevents regularisation of the unauthorised construction, and the FIRST PARTY indemnify the SECOND PARTY to this effect.

AND, WHEREAS the FIRST PARTY having agreed to the aforesaid condition herein indemnifies the SECOND PARTY with the above assurance and solemnly declare that the above said site/land is the property of the FIRST PARTY which is possessed by him/her since the date of purchase and there are no cases pending before or direction(s), judgment(s) etc. issued by Courts, Tribunals, Ombudsman etc. and there are no claims of Government/ Banks/Attachments of Courts/ Land acquisition proceedings etc. specific to the plot or constructions therein, which prevents regularisation of the unauthorised construction and in case of any disputes/litigations arises at any time in future the FIRST PARTY will be responsible for the settlement of the same and the SECOND PARTY will not be a party to any such disputes/litigations.

NOW THEREFORE, The FIRST PARTY solemnly affirm and undertake that no additional constructions will be done in the unauthorised construction after the building has been regularized as per the provisions in Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024.

FIRST PARTY .......................

IN WITNESS WHEREOF, THIS DEED OF INDEMNITY is signed by .......................on this the ....................... day of .......................20.......................in the presence of

WITNESSES:

(1)     Name and address

(2)     Name and address

Sworn and signed before me on this .......................day of ....................... 20 ............in the presence of above witnesses.

NOTARY PUBLIC.

 

APPENDIX IV

[See rule 6(11)]

[The Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024]

(.......................Grama Panchayat)

No. .......................Date .......................

INTIMATION REGARDING SANCTION FOR REGULARISATION OF UNAUTHORISED CONSTRUCTIONS

To,

Smt./Sri .......................

Your application No. ....................... dated ....................... for the regularisation of the unauthorised construction of ....................... building with area ....................... near building no. ....................... or telecommunication tower/pole structure near/over building No. ....................... or alteration/addition/reconstruction to an existing building No. ....................... in ....................... sy. no. ....................... Village, .......................Taluk has been considered by the Committee constituted by Government.

The Committee has sanctioned the above mentioned unauthorised construction for regularisation in accordance with the provisions in the Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024 vide order No. ....................... dated .......................under the following conditions

(1)

(2)

(3)

In accordance to the order, you are directed to comply with all the above conditions and submit a letter of intimation to the Secretary to the effect that the above conditions area compiled along with the following documents within .......................days

(1)     (NOC)

(2)     (NOC)

(3)     Indemnity Bond as per rule 6(13)

(4)     Registered agreement as per Rule 6(4)(i) for low risk buildings violating Section 220b of the Kerala Panchayat Act 1994, between the owner and the Secretary,

Secretary

.......................Grama Panchayat

 

APPENDIX V

[See rule 6(13)]

[The Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024]

SUBMISSION OF INDEMNITY BOND

To,

The Secretary

..............................................Grama Panchayat

In accordance to the intimation received vide No. .......................dated ....................... from Secretary, Grama Panchayat for the regularisation of the ....................... (occupancy) building/telecommunication tower/ alteration/addition/reconstruction constructed by me in Sy. No. ....................... Village ....................... Taluk ....................... the following are enclosed for issue of regularisation orders.

(1)

(2)

The Indemnity bond in the prescribed format is also enclosed herewith.

Signature of Applicant .......................

Name of Applicant (In Block letters)

Address: .......................

.....................................................................

.....................................................................

Place: .......................

Date: .......................

 

APPENDIX VI

[See rule 6(14)]

[The Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024]

..............................................Grama Panchayat

No. .......................Date .......................

INTIMATION REGARDING REMITTANCE OF COMPOUNDING FEE FOR REGULARISATION OF UNAUTHORISED CONSTRUCTIONS

To,

Smt./Sri .......................

It is hereby acknowledged the receipt of the NOCs and Indemnity bond required for the regularisation of the building/telecommunication tower/addition extension constructed by you in sy. no. ....................... village ....................... Taluk .......................

You are directed to remit fifty percentage of compounding fee of Rs. ....................... within ....................... days in the Counter of Front Office from the date of receipt of this notice. The regularisation orders will be issued after the acknowledgment of receipt of compounding fee.

Secretary

.......................Grama Panchayat

 

APPENDIX VII

[See rule 6(14)]

[The Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024]

.......................Grama Panchayat

No. .......................Date .......................

FINAL ORDERS REGARDING REGULARISATION OF UNAUTHORISED CONSTRUCTION

To,

Smt./Sri .......................

Your application no. ....................... dated ....................... for the regularisation of the unauthorised construction of building with area ....................... near building no. ....................... or telecommunication tower/pole structure near/over building no. ....................... or alteration/ addition to an existing building no. ....................... in ....................... sy. No. Village, ....................... Taluk has been considered by the Committee.

The Committee has sanctioned the above mentioned unauthorised construction for regulatisation in accordance to the provisions in Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024 vide order No. ....................... dated under the following conditions

(1)

(2)

The conditions stipulated in the order were complied with and the following NOCs were submitted,-

(1)

(2)

The compounding fee of Rs......................./- as stipulated in the order have been remitted vide Reciept No. ....................... dated .......................

Hence, in accordance to the orders of the Committee, it is certified that the unauthorised construction of ....................... building/ Telecommunication tower/ addition extension done by Sri/Smt ....................... in Sy.no. ....................... of village, is hereby regularized under the provisions of rule 6(14) of Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024.

Secretary

.......................Grama Panchayat

 

APPENDIX VIII

[See rule 6(10)]

[The Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024]

ORDER REJECTING THE REGULARISATION APPLICATION

To,

Shri/Smt. ..............................................

..............................................

..............................................

WHEREAS, you have carried out, the unauthorised development, of building/ telecommunication tower/ addition/ alteration/reconstruction to existing building in Survey No. ....................... of ....................... village,

AND WHEREAS, the application submitted by you have been considered for regularisation by the Committee as per the provisions of Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024.

AND WHEREAS, the committee have been rejected the application because of the following reason,-

1.

2.

3.

NOW THEREFORE, in pursuance of the provisions of sub -rule (10) of rule 6 of the Kerala Panchayat Building (Regularisation of Unauthorsed Construction) Rules, 2024, it is hereby informed that your application for regularization is hereby rejected and your unauthorized construction cannot be regularised.

If you are aggrieved by this notice, you may prefer an appeal to State Level Committee as per the provisions of rule 10 of the Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024 within a period of thirty days from the date of receipt of this notice.

Date: .......................

Place: .......................

Secretary,

.......................Grama Panchayat.

 

APPENDIX IX

GENERAL INSTRUCTIONS TO APPLICANT FOR FURNISHING DETAILS IN FORM I-A

(1)     Submit 2 copies of the completed application form (in Form I-A) with the documents required as per rule 3(2) of the Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024. The applications for regularisation of unauthorised construction under these rules shall be received by the LSGI Secretary till such date as will be prescribed by the Government in due course of time.

(2)     Pay the application fee as prescribed in Rule 4 of the Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024, in the Grama Panchayat, and the copy of the receipt shall be submitted along with the application for regularisation.

(3)     The application fee remitted, shall not be refunded under any circumstances.

(4)     Only application fee need to be remitted at the time of submission of application for regularisation. The regularisation fee is to be remitted only after intimation is received from the Secretary.

(5)     Furnish all the details of the unauthorised construction in Form I-A, along with the Statement of the owner.

(6)     Affix passport size photograph of the owner/owners of the building in the space provided in Form I-A

(7)     Affix a minimum of 4 nos. of time stamped photographs of size 15 cms x 10cms showing the four sides of the building showing all internal details of development. The photographs should be attested by the owner/owners and by the Licensee.

(8)     The plans submitted along with the application should be certified by the owner(s), Licensee and Structural Engineer (as required)

(9)     All required documents detailed in rule 3(2) of these rules, should be enclosed with Form I-A. The list of documents required are detailed below. If the application is not in order or incomplete or required documents are not attached, the application shall be rejected.

(10)   Additional sheets may be used wherever necessary as part of Form I-A. These additional sheets should be signed by the owner.

(11)   The plans of high rise building and telecommunication towers should be certified by a Structural Engineer with qualification stipulated in these rules.

(12)   The checklist appended along with Form I-A has to be duly filled in triplicate and submitted along with the application. On receipt of the application by the Grama Panchayat, the checklist shall be verified and one copy shall be returned to the applicant as acknowledgment.

(13)   The applicant shall be the owner or authorized representative of the owners. Any application made by any person for regularisation who does not have any right over the land or building shall be summarily rejected. If the plot is owned by more than one person, the application for regularisation shall be submitted jointly and signed by all the persons.

(14)   If the unauthorised construction(s) does not conform to the provisions detailed in rule 6(4) of these rules, the application shall be rejected.

(15)   If the unauthorised construction is carried out in a land acquired for road widening or public land the application shall be rejected.

(16)   During verification if it is found that the applicant has undertaken further additions, alteration or extensions to the existing building after submission of application for regularization, then such application shall be summarily rejected.

(17)   Once sanction is accorded by the Committee constituted as per these rules for regularisation, an intimation will be issued by the Secretary informing the owner about the sanction and the conditions to be complied with. After complying with the conditions (if any in order), the owner should submit a letter to Secretary informing that the conditions are complied, along with copies of all NOCs required by the Secretary.

(18)   An Indemnity Bond as per the format attached along with the rule in Stamp paper worth of Rs.100/- may also be submitted along with the letter to Secretary.

(19)   Regularisation fees may only be remitted after receiving intimation of the same from the Secretary.

(20)   The compounding fee may be calculated invariably using the compounding fee calculator. A signed copy of this statement may be furnished along with the application.

(21)   The following documents have to be submitted along with the application, namely:-

(22)   No further constructions or regularisation shall be permitted in the building once the building has been regularized under the provisions of these rules

(23)   No regularisation of unauthorised construction shall be provided in future.

 

APPENDIX X

[See rule 3(2) (q)]

[The Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024]

CHECK LIST & ACKNOWLEDGEMENT

(To be submitted in triplicate - one copy to be given to applicant as acknowledgement, one copy to be retained in file of Panchayat, and one copy to the District Town Planner while forwarding the application by the Secretary)

APPLICATIONS REFERECE NUMBER....................

APPLICATION FOR REGULARISATION OF UNAUTHORISED BUILDING

CONSTRUCTED IN DEVIATION OF THE SANCTIONED PLAN/WITHOUT

AN APPROVED PLAN IN .................... GRAMA PANCHAYAT

 

 

Form IA

[See rule 3(1)]

[The Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024]

APPLICATION FOR REGULARISATION OF UNAUTHORISED CONSTRUCTION(S)

(to be submitted in duplicate)

To

The Secretary,

....................Grama Panchayat.

Sir,

I have constructed a .................... (specify the use and occupancy) building near the building No. .................... or telecommunication tower/pole structure near/over the building No. .................... or carried out alteration/addition to an existing building No. .................... in .................... Grama Panchayat in Survey No. .................... Village .................... Taluk .................... District .................... before 7th day of November 2019, without obtaining building permit from the competent authority

OR

I have obtained permit No. .................... dated .................... for the Construction or reconstruction or addition or alteration to an existing building with building No. .................... in .................... Grama Panchayat in Survey No. .................... Village ....................Taluk .................... District .................... and have carried out the construction in deviation to plans approved by the Secretary/after the expiry of the permit.

I realise that the construction so carried out is in violation of the provisions contained in the building rules and/or the Act and the date of commencement of the construction is .................... I realize that the said construction is an unauthorized one.

I request that sanction may be accorded to the Secretary for the regularization of the said constructions. The application fee of .................... only has been remitted vide .................... Necessary documents and plans in triplicate are enclosed.

Signature of Applicant ....................

Name of Applicant (In Block letters)....................

Address: ........................................

............................................................

............................................................

Aadhar card No. ........................................(copy of Aadhar card to be enclosed)

Place: ....................

Date: ....................

STATEMENT BY THE OWNER (IN DUPLICATE)

(Please read the general instructions before filling the Statement)

(1)     Name and address of the applicant (owner) : ....................

(2)     The number allotted by the Panchayat to the building/nearest building : ....................

(strike out whichever is not applicable)

(3)     Details of land

(i)       Survey Number(s) (with sub divisions) : ........................................

(ii)      Resurvey Number(s) : ........................................

(with sub-divisions if applicable) ........................................

(iii)     Village : ........................................

(iv)    Taluk : ........................................

(v)      Area of the plot in sq.metres : ........................................

(vi)    District : ........................................

(4)     Nature of ownership of land: Sale Deed/Gift/ Partition Deed/Puramboke/ Others (specify) : ....................

(5)     Date and Number of the documents in proof of ownership of land : ....................

(6)     Nature of construction(s) : ........................................

(a)      New building/Reconstruction/ Change in occupancy/Alteration/ Addition or Extensions to existing building(s)/Others(specify) : ........................................

(b)      Type of roof: Concrete/Tiled/any other : ........................................

(specify)

(c)      Total number of floors : ........................................

(d)      Total floor area (sq.metres) of the Authorized building(s) within the plot: ........................................

(e)      Occupancy/Use of the unauthorized building(s) : ........................................

(Fill in the table below. Use separate sheet if required)

(7)     Date of commencement of the construction : .............................

(8)     Date of completion of construction : .............................

(9)     Is there any cases pending before or disposed off by Courts, Tribunal, Ombudsman etc. pertaining to or with reference to the land/plot or buildings therein. (Specify Yes/No) : .............................

If Yes, furnish the details : ..........................................................

..........................................................

..........................................................

(10)   Any Government orders, circulars, any form of communication against the plot/land or any Construction works therein. (Specify Yes/No) : ..........................................................

If Yes, furnish the details : ..........................................................

..........................................................

..........................................................

(11)   Whether copy of the resolution made by all owners or their association has been furnished (Applicable for residential apartments) (SpecifyYes/No/NA) : .............................

(12)   Any other details pertaining to or of relevance to the plot and buildings therein (Specify Yes/No) : .............................

If Yes, furnish the details : .............................

..........................................................

..........................................................

(13)   Photographs of the building :

(Affix time stamped photographs minimum four numbers showing the four sides of the buildings showing all external details of development)

(Photographs to be attested by both owner and Licensee)

(14)   Any remarks on the unauthorized construction to be submitted by the Applicant : (use additional sheets if necessary)

(15)   Amount of compounding fee calculated as per the Statement :

(Use compounding fee calculator. Attach a Signed copy of the Statement of compounding fee)

(16)   I ............................. (name of owner) do hereby declare that the unauthorized construction as per the drawings and details enclosed was/were carried out on or before the 07th day of November 2019, beyond which date, no construction works were carried out unauthorizedly and that the drawings and measurements therein conform to actual constructions made in the site and the unauthorized construction(s) is/are structurally stable.

I also declare that the details furnished in Form I-A, the drawings and other documents/enclosures submitted are correct to the best of my knowledge and belief.

I further declare that to the best of my knowledge and belief, there is no court case or direction or communication from any authority including Government specific to the plot or constructions therin, which prevents the regularization of the unauthorized construction.

I further declare that I am fully aware of the fact that the Government may at any time cancel the order(s) issued under these rules and take appropriate legal action if the information furnished by me is found false or facts suppressed or misrepresented.

..........................................................

(Signature of the owner)

Name: ..........................................................

Address: ..........................................................

..........................................................

..........................................................

Place: .............................

Date: .............................

(17)   CERTIFICATE AND DECLARATION OF THE LICENSEE REGISTERED UNDER CHAPTER XXIII OF THE BUILDING RULES

[See proviso to rule 141(5)]

I .......................................................... (Name and Reg. No. of licensee) do hereby declare that the unauthorised construction as per the drawings and details enclosed was/were carried out on/before the 7th day of November 2019, beyond which date no construction works were carried out unauthorisedly.

I certify that all the drawings and measurements therein conform to actual constructions made in the site.

I further certify that, the unauthorised construction under reference is/are structurally stable. (strikeout this certification if the unauthorised construction is a high-rise building and/or telecommunication tower).

I hereby declare that the information furnished in Form I-A, the drawings and the other documents/enclosures submitted are correct to the best of my knowledge and belief. I also declare that to the best of my knowledge, there is no court case and Government communication specific to the plot or constructions therein, which prevent regularisation of the unauthorised construction.

I also declare that I have the qualification for the licensee prescribed under these rules. I further declare that I am fully aware of the fact that the Government may, at any time cancel the order(s) issued under these rules and take appropriate legal action, if the information furnished by me are false or the facts are suppressed or misrepresented.

.............................

(Signature of the Licensee)

Name : .............................

Reg. No. .............................

Address : .............................

.............................

.............................

Place : .............................

Date : .............................

(18)   CERTIFICATE OF THE STRUCTURAL ENGINEER

(Applicable in the case of high-rise buildings, telecommunication towers and building if any above which such telecommunication tower is erected.)

I .......................................................... (Name and address of the Structural Engineer) hereby certify that the unauthorised building(s)/Telecommunication Tower(s) (strikeout which is/are not applicable) as per the drawings and Form I-A enclosed herewith is/are structurally stable.

I also hereby certify that the building(s) above which the telecommunication Tower(s) applied for regularisation is/are erected as per the drawings and Form I-A enclosed herewith is/are structurally stable. (strike out his certification if the unauthorised building is not a telecommunication tower erected above a building.)

I declare that I have the qualification prescribed as per rule 2(1)(e) of these rules. I further declare that I am fully aware of the fact that the Government may, at any time cancel the order(s) issued under these rules and take appropriate legal action, if the information furnished by me are false or facts were suppressed or misrepresented.

..........................................................

(Signature of the Structural Engineer)

Name : .............................

Address : .............................

..........................................................

..........................................................

..........................................................

Place: ..........................................................

Date: .............................

 

FORM-I B

[See rule 6(1)]

[The Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024]

DETAILED REPORT OF THE SECRETARY

(To be prepared in duplicate)

To be furnished by the Secretary of the Grama Panchayat concerned as prescribed under rule 6 of the Kerala Panchayat Building

(Regularisation of Unauthorised Construction) Rules, 2024

.............................Grama Panchayat

INSPECTION AND VERIFICATION REPORT

(1)     Application Received on : ..........................................................

(2)     Verified on : ..........................................................

(3)     Inspected on : ..........................................................

(4)     Particulars of Land : ..........................................................

(a)      Area of Land/ Plot : .............................sq.metres

(b)      Survey No. and Name of Village: ..........................................................

(c)      Re-survey No. and Name of Village : ..........................................................

(d)      Nature of ownership of land Sale Deed/Gift/Partition Deed/ Puramboke/Others: ..........................................................

(specify)..........................................................

(strike out which is not applicable)

(5)     Particulars of the construction/building(s) : ..........................................................

(a)      Occupancy of the construction/buildings : ..........................................................

(b)      Built-up/Floor Area : ..........................................................

(6)     Remarks on the authorized and unauthorised construction/building in the site, including building rule violations : .......................................................................................

.................................................................................................................................................

.................................................................................................................................................

.................................................................................................................................................

(use additional sheets if required. Additional sheets must be certified)

(7)     Whether any additions reconstruction or extensions have been found to be carried out in the building after submission of application for regularization on site verification (Specify Yes/ No.)

If Yes, details of constructions carried out

.................................................................................................................................................

.................................................................................................................................................

.................................................................................................................................................

(8)     Whether the unauthorized construction violates section 220b of the Kerala Panchayat Raj Act,1994(13 of 1994) : .............................

(9)     Details of the violation of provisions relating to safety and security in the Building Rules: (See Appendix II)

(10)   Details of the violation of provisions relating to off-street Car parking , Floor Area Ratio (FAR), Coverage, Access width in the Building Rules: (See Appendix I) for assessing the additional compounding fees.

(11)   Violation of the provisions of Town Planning Schemes, if any:

(12)   Violations with regard to other applicable Central and State Statutes, if any:

(13)   RECOMMENDATIONS OF THE SECRETARY:

(a)      Whether the unauthorised construction, as per drawings and details enclosed with Form IA-

(i)       was carried out on or before 7 th day of November 2019 : ................................

(ii)      violates the safety and security provisions in the Building Rules as per Appendix II (Please specify: Yes/No) ................................

(iii)     violates any provision of the Town Planning Schemes, sanctioned by Government (Please specify: Yes/No) ................................

(b)      Whether there is any court case specific to the plot or constructions therein, which prevents regularisation of the unauthorised construction(s) (Please specify: Yes/No) ................................

If Yes, please furnish the details: ................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

(c)      Whether there is any Government Orders/Circulars/any form of communication against the plot/land or any construction works therein which prevents regularisation of the unauthorised building(s) (Please specify: Yes/No)................................

If yes, please furnish the details: ................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

(d)      Whether any concurrence/approval/NOC etc. is required as per the Building Rules from Various Central or State Government Departments and agencies such as Fire and Rescue Department, State level Environment Impact Assessment Authority/Ministry of India, Environment and Forests of Government of Coastal Zone Management Authority, Airports Authority, Railway Authorities, Defense Authorities, Kerala State Pollution Control Board, District Collector, Chief Electrical Inspector , Department of Town and Country Planning,etc. (Please specify: Yes/No.) ................................................................................................

................................................................................................................................

................................................................................................................................

If Yes, please furnish the details of the required concurrence/approval/NOC etc. is required details below:

Rule Agency from which concurrence/approval/NOC

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

(e)      Whether the construction violate any law, such as Acts, rules, byelaws etc. (other than the Kerala Panchayat Act, 1994 and The Kerala Panchayat Building Rules, 2011) (Please specify: Yes/No.)

If yes, please furnish the details: ................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

(f)       Whether copy of the resolution made by all owners or their association has been furnished (Applicable for residential apartments)

(Specify Yes/No/NA): ................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

(g)      Whether there is any other important matter which has bearing on the regularisation of the unauthorized construction like the building constructed close to or abutting the plot boundary without the consent of the adjacent plot owner, issues related to storm water drainage etc. (Please specify: Yes/No) ................................

If Yes, please furnish the details: ................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

(h)     Recommendations of the Secretary:

Whether the unauthorised construction is Recommended for regularization (Please specify: Yes/No) :................................

If Yes, please specify the conditions for regularization, if any;

If No, the grounds for not recommending regularisation: ................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

(14)   Amount of compounding fee to be remitted, if recommended for regularisation under the Kerala Panchayat Building (Regularisation of unauthorised Construction) Rules, 2024. (The compounding fee must be calculated using the compounding fee calculator provided. Attach a signed copy of the Statement of compounding fee)

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

 

CERTIFICATE OF THE SECRETARY

I hereby certify that,-

(i)       the unauthorized construction(s) as per the drawings and details enclosed was/were carried out on or before the 7th day of November 2019, beyond which date, no construction works were carried out unauthorizedly.

(ii)      all the drawings and measurements therein conform to actual constructions made in the site and that the land ownership documents were verified and found correct.

(iii)     the information furnished in Form I-A, the drawings and the documents/enclosures submitted were verified and found correct.

(iv)    to the best of my knowledge, the information furnished in Form I-B are correct.

(v)      the licensee and Structural Engineer who have certified the drawings and Form I-A possess the qualification prescribed as per these rules.

................................................................

(Signature)

Name and Seal of the Secretary: ................................

(Office Seal)

Place: ................................

Date: ................................

 

FORM I-C

[See rule 6(6)]

[The Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024]

TECHNICAL RECOMMENDATIONS

To be furnished by the Town Planner/Senior Town Planner concerned as prescribed under rule 6(6) of the Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024

(1)     Recommendations of the Town Planner/Senior Town Planner:

Whether the unauthorised construction is recommended for regularisation (Please specify Yes/No) : ................................

If, Yes, please specify the conditions for regularisation if any. ................................................................................................................................

................................................................................................................................

If No, the grounds for not recommending regularisation

................................................................................................................................

................................................................................................................................

(2)     Amount of compounding fee to be remitted, if recommended for regularisation under the Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2024 (Attach a signed copy of the Statement of compounding fee)

................................................................................................................................

................................................................................................................................

(Signature with Name and Seal)

Senior Town Planner/Town Planner

LSGD Planning,

................................District.

(Office Seal)