February 11, 2013

Unauthorised building regularisation


Submission of application for regularisation of unauthorised construction.—
(1) Application for regularisation of unauthorised construction shall be submitted to the 
Secretary concerned in Form-1appended to these rules, within 90 days of the date of 
notification of these rules in the Kerala gazette. 
(2) The application shall be accompanied by the following documents namely:- 
(a) Receipt for payment of application fee, if any paid to the 
Municipality or the Grama Panchayat as per Rule 4 of these rules; 
(b)  Four copies each of the floor plans, elevations and sectionsof 
the building(s) constructed, the site plan and wherever applicable 
the service plans, parking plans, drawn as provided in sub rule 
(9) of rule 7 of the Building Rules and specifications 
thereunder,- 
(i) duly signed by the owner ; 
(ii) certified by licensee, to the effect that “all the 
measurements are verified and the drawings conform to 
actual constructions made in the site” and 
(iii) certified by a Structural Engineer to the effect that the 
unauthorised construction(s) is/arestructurally stable in the 
case of highrise building, telecommunication tower and 
building if any above which such telecommunication tower 
is erected: 
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 also that in the case of constructions under 
approved schemes as mentioned in rule73 of the Building Rules with 
total floor area of building upto 60 sq.metres 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 nearby streets, duly 
signed by the owner only is required. 
Provided further that the unauthorised construction applied 
for regularaisation shall be indicated in red colour outline in all the 
drawings submitted. 
(c)  Copy of plans approved and/or permit issued, if any, by the 
Secretary as per the provisions contained in the Act or 
Building Rules; 
(d) Documents to prove ownership of land; 
(e) Proof of having completed or carried 
out the construction on or before the 31
st
day of December 
2008 viz; 
(i) any dated evidence issued by the Municipality or 
Grama Panchayat or Government with respect to the 
unauthorised construction and/or any similar 
documentary evidence to this effect. 
and 
(ii) photographs of the unauthorised building signed by 
the owner, with dated certificate of the licensee to 
the effect that “this is the unauthorised building 
under reference which was carried out on or before 
the 31
st
day of December 2008”; 
(f) Proof of having stopped the construction before 31
st
December 2008 on account of any communication from the 
Municipality or Grama Panchayat or Government directing 
to stop the unauthorised construction viz; 
(i) any dated evidence issued by the Municipality or 
Grama Panchayat or Government with respect to the 
unauthorised construction and/or any similar 
documentary evidence to this effect directing the 
applicant/owner to stop the unauthorised 
construction 
and 
(ii) photographs of the unauthorised building signed by 
the owner, with duly filled dated certificate of the 
licensee to the effect that “this is the unauthorised 
building under reference which was carried out on or 
before the 31
st
day of December 2008 and 
construction was stopped immediately on receipt of 
the written communication 
number:………………………… dated.................… 
from …………………… Panchayat/ Municipality/ 
Government, directing to stop the unauthorised 
construction”; 
(g) Orders if any, granting exemption from the provisions of the Kerala 
Building Rules, obtained earlier; and 
(h) Details of action, if any,  taken by the Municipality or Grama 
Panchayat concerned against this unauthorised construction. 
(i) Documentary evidence if any to prove that the unauthorised 
construction was commenced prior to enforcement of Kerala 
Municipality Building Rules in the case of Grama Panchayats, if 
applicable. 
4. Application fee.Application fee shall be paid to the Municipality or Grama 
Panchayat along with the application for regularisation of unauthorised construction as 
indicated below:- 
(1) Telecommunication Tower Rs.1000 
(2) Huts and buildings under Group A1 Residential 
Occupancy as per rule 30(3)(a) of the Building 
Rules with total floor area upto 30 sq. metres .. No fee 
(3) Buildings under Group A1 Residential 
Occupancy as per rule 30(3)(a) of the Building 
Rules with total floor area exceeding 30 sq, metres 
and upto 60 sq.metres .. Rs. 50 
(4) All buildings other than those mentioned above with total floor area 
(i) upto 100 sq.metres Rs. 100 
(ii) above 100 sq.metres and upto 200 sq.metres Rs. 200 
(iii) above 200 sq.metres and upto 500 sq.metres Rs. 500 
(iv) above 500 sq.metres and upto 1000 sq.metres Rs. 1000 
(v) above 1000 sq.metres Rs. 5000 
Provided that the area for this purpose shall be the total floor area of all floors 
of the unauthorised building(s). 

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