Uttar Pradesh Urban Planning And Development (Assessment, Levy And Collection Of Development Permit Fee, Building Permit Fee And Inspection Fee) Rules, 2024

[28th January 2025]

PREAMBLE

In exercise of the powers under clause (c) of sub-section (2) of section 55 read with sub-section (2) of section 15 of the Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act no. 11 of 1973), the Governor is pleased to make the following rules with a view to levy Development Permit Fee, Building Permit Fee and Inspection Fee, namely:-

Rule 1. Short title, commencement and application.

(1)     These rules may be called the Uttar Pradesh Urban Planning and Development (Assessment, Levy and Collection of Development Permit Fee, Building Permit Fee and Inspection Fee) Rules, 2024.

(2)     They shall come into force with effect from the date of their publication in the Gazette.

(3)     They shall be applicable to all the development areas in the State of Uttar Pradesh.

Rule 2. Definitions.

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

(a)      "Act" means the Uttar Pradesh Urban Planning and Development Act, 1973 (Presidents Act no. 11 of 1973);

(b)      "Applicant" means any person or body making an application under section 15 of the Act to obtain permission referred to in section 14 of the Act;

(c)      "Approval" means approved by the Authority;

(d)      "Authority" means the development authority constituted under section 4 of the Act;

(e)      "Building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;

(f)       "Building Bye-laws" means the bye-laws made under section 57 of the Act;

(g)      "Building operations" includes rebuilding, structural alterations of, or additions to, building operations normally undertaken in connection with the construction of buildings;

(h)     "Building Permit" means authorization to proceed with construction or reconstruction of a specific building at a particular site in accordance with the building plan approved by the Authority;

(i)       "Covered Area" means the total built-up area on all the floors of a building;

(j)       "Development" with its grammatical variations and connotations, means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in any building or land, and includes re-development;

(k)      "Development Area" means the area declared as development area under section 3 of the Act;

(l)       "Development permit" means authorization to proceed with development or re-development of a specific parcel of land at a particular site in accordance with the layout plan approved by the Authority;

(m)    "Floor Area" means covered area (plinth arca) on any floor of a building;

(n)     "Floor Area Ratio" (hereinafter referred to as "FAR") means the quotient obtained by dividing the total covered area (plinth area) on all floors by the area of the plot;

(o)      "Government" means Government of Uttar Pradesh;

(p)      "Group Housing" means group or multi-storied buildings having one or more independent dwelling units on each floor where land, open spaces, circulation area and common facilities are jointly owned;

(q)      "Inspection Fee" means the fee levied upon a person or body for any or all of the purposes specified in sub-section (1) of section 25 of the Act;

(r)      "Layout plan" means a sub-division plan approved by the competent authority showing division of any land or portion thereof into more than one plot or parcel for the purpose of sale or otherwise;

(s)      "Owner" includes any person whose name is recorded as owner of the land or building or part thereof in the records of the concerned Authority;

(t)       "Redevelopment" means rehabilitation ?? new construction on a site by renovating or replacing pre-existing uses with new development or
construction in accordance with a layout plan approved by the Authority;

(u)     "Section" means a section of the Act.

(2)     Words and expressions, not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in the Act.

Rule 3. Assessment, Levy and Collection of Fees.

(1)     Development Permit Fee, Building Permit Fee and Inspection Fee shall be assessed and levied in accordance with these rules where an application is submitted to the Authority under sub-section (1) of section 15 of the Act for obtaining development permit or building permit.

(2)     The fees shall be payable in advance and a duly authenticated copy of a receipt or screenshot of online payment indicating amount in rupees, transaction number and date shall be produced with the application for permission.

(3)     No application for permission shall be deemed valid unless and until the applicant has paid requisite fee along with the application for permission.

(4)     In case a development permit or a building permit is not being issued on account of any defect and shortcomings in the application, the fee paid shall not be refunded to the applicant but he shall be allowed to re-submit the plans without additional fee after complying with all the objections raised by the Authority within 6 months from the date of receipt of the objection/rejection order after which fresh fees shall have to be paid.

(5)     The applicant may withdraw his application and plans at any time prior to the sanction and such withdrawal shall terminate all proceedings with respect to such application but the fees paid shall not be refundable.

(6)     Where an application is submitted for revision of previously approved plan, the applicant shall be liable to pay the requisite fees in accordance with these rules.

(7)     Where total or partial exemption from payment of development permit fee or building permit fee has been granted by the Government under the Act, the permit fee to the extent of such exemption shall not be leviable.

Rule 4. Rates of Fees.

Fees payable with the application for permission under sub-section (1) of section 15 of the Act for development permit or building permit, as the case may be, shall be as follows:-

(1)     Development Permit Fee:

(a)      In case of layout plan, the development permit fee shall be calculated on the basis of total area of the layout plan and the rates thereof shall be as given in the table below.

(b)      In case of online approval of plan by a Software Service Provider, scrutiny fee in addition to the fee specified in clause (a) above shall be payable on the total area of the layout plan as per the agreement executed with the Software Service Provider.

(c)      The validity of the development permit shall be as specified in the applicable Building Bye-laws.

(d)      For extension of validity period of the development permit, the fee shall be equal to 50 percent of the fee specified in clause (a) above. Besides, cent percent inspection fee shall also be payable as per rule 3.

(2)     Building Permit Fee:

(a)      In case of building permit, the fee for building plans of different land uses shall be calculated on the basis of total proposed covered area and the rates thereof shall be as given in the table below.

(b)      In case of online approval of plan by a Software Service Provider, scrutiny fee in addition to the fee specified in clause (a) above, shall be payable on the total covered area of the building as per the agreement executed with the Software Service Provider.

(c)      For re-erection, addition to or alteration of any building, the fee chargeable shall be the same as for erection of a new building.

(d)      For the purpose of calculation of fee, the area covered under the basement shall be counted towards the covered area.

(e)      The validity period of building permit shall be as specified in the applicable Building Bye-laws.

(f)       For extension of validity period of the building permit, the fee shall be equal to 50 percent of the fee as specified under clause (a) above. Besides, cent percent inspection fee shall also be payable as per rule 3.

(3)     Inspection Fee:

(a)      In case of development permit, the rate of inspection fee shall be Rs. 10/- per square meter payable on the total area of the layout plan.

(b)      In case of building permit, the rate of inspection fee shall be Rs. 20/- per square meter payable on the total floor area of the building for all types of building plans whether single story or multy-storied.

Rule 5. Payments of Fees.

Subject to the provisions of the Act and these rules, the applicant shall pay the full amount of development permit fee, building permit fee and inspection fee, as the case may be, prior to the grant of permission under section 15 of the Act.

Rule 6. Recovery of Arrears.

Any amount due to the Authority on account of any fee under these rules shall be recovered in accordance with the provisions of section 40 of the Act.

Rule 7. Annual Statement of Fees.

The Vice-Chairman shall furnish to the Board of the Authority a written statement in respect of development permit fee, building permit fee and inspection fee for the preceding year, which shall contain information regarding the total amount collected by the Authority. Such statement shall be furnished, as far as possible, in the first meeting of the Board of the Authority to be held every financial year and its copy shall also be sent to the Government.