Kerala Municipality Building (Regularisation of Unauthorised Construction) Rules, 2018

Sl No

Item

Application fee in rupees

Municipal Corporation

M

5 Construction after submission of application for regularization

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.

6 Procedure for disposal of application

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 or cause to inspect the location, site and the buildings and after detailed verification and scrutiny, prepare a detailed report in Form 1B appended to these rules, in duplicate, incorporating compounding fee as per Appendix 1 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 following documents to the Town Planner within 60 days from the date of receipt of the application-

(i) One copy of Forms 1-A and 1-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, structu

7 Duties, responsibilities and liabilities

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. However, 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 hi

8 Construction after regularization

8. Construction after regularization,- (1) No further construiction or regularisation shall be permitted in the building once the building has been regularized under the provisions of these rules. (2) No regularization of unauthorized construction shall be provided in future.

9 Procedure in case the application for regularization is rejected etc.

9. Procedure in case the application for regularization is rejected etc.- (1) In case if the application for regularisation 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 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 any 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 for the demolition of such unauthorised construction forthwith and recover the cost of demolition from the owner as if it were arrears of property tax.

(3) The Secretary shall have the

10 Review by Government

10. Review by Government.- (1) Any person aggrieved by an order issued under the provisions of these rules, may file a petition for review, to the Government: Provided that there shall be only one review against any order issued.

(2) A petition for review under sub-rule(1) shall be presented within thirty days from the date of service of the order, allowing or rejecting the application by the Secretary.

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

(4) When a petition for review has been presented under these rules, the Government may, if found necessary, stay the operation of the order, pending consideration of the petition.

(5) The Government shall, after reviewing the petition, pass appropriate orders thereon after hearing the petitioner and forward the same to the Secretary concerned, with co

11 Power of the Government to cancel or revise the order etc.

11. Power of the Government to cancel or revise the order etc.- (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 once, 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.

12 Constitution and Functioning of the Monitoring Committee

12. Constitution and Functioning of the Monitoring Committee.- (1) The Government may constitute a Monitoring Committee for the purpose of ensuring transparency and supervision of the regularisation of unauthorised construction, consisting of the following Members, namely:-

(i) The Additional Chief Secretary/Principal Secretary, - Chairman Local Self Government Department

(ii) The Chief Town Planner, Town and Country Planning Department

(iii) The Chief Engineer, Local Self Government Department - Member - Member

(iv) The Director, Department of Urban Affairs; - Convenor

(2) The Monitoring Committee may suo moto or as directed by Government take up for consideration the construction regularised under these rules and submit its recommendations to the Government.

(3) The Monitoring Committee may, if necessary, conduct random site inspections of the construction regularized under these rules and also scrutinize the related files at a

13 Removal of doubts

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 1 [See rule 6(1)]

(The Kerala Municipality Building (Regularisation of Unauthorised Construction)

Rules, 2018) COMPOUNDING FEE

Compounding fee for regularization of unauthorized construction carried out on or before 31^st day of J

S.1 Short title, and commencement and applicability

(1) These Rules may be called the Kerala Municipality Building (Regularisation of Unauthorised Construction) Rules, 2018.

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

(3) These rules shall apply to unauthorized constructions carried out on or before the 31st July, 2017 in any Municipal and Municipal Corporation area in the State.

(4)

S.2 Definitions

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

• (a) “Act” means the Kerala Municipality Act, 1994 (20 of 1994);
• (b) “Building Rules” means the Kerala Municipality Building Rules, 1999;
• (c) “Fair value of land” means fair value of land fixed under section 28A of the Kerala Stamp Act, 1959 (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 XXI of the Building Rules, who can certify and perform functions and assume responsibilities, as provided in Appendix- L and rule 153 of the Building Rules;
• (f) “Secretary” means the Secretary of the Municipality concerned;
• (g) “Structural Engineer” means a Civil Engineer with Post Graduate Degree in Structural Engineerin
  

S.3 Submission of application for regularization of unauthorised Construction

(1) Application for regularization of unauthorised construction declaring the details pertaining to the unauthorised construction shall be submitted to the Secretary in Form 1-A appended to these Rules, in duplicate, and the application fee specified in rule 4 within ninety 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 as per rule 4 of these rules;
• (b) Three copies of the floor plans, elevations and sections of the buildings constructed, the site plan building plan and wherever applicable the service plans, parking plans drawn as provided in sub rule (9) of rule 7 of Kerala Municipality Building Rules, 1999 and specification there under,-
  • (i) Certified by the owner to the effect that “this is the drawings having reference to the details furnished in Form 1-
    

S.4 Application fee

The application fee to be paid to the Municipal Corporation/Municipality while submitting the application for regularisation of unauthorised construction, shall be as follows, namely:-

S.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.

S.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 or cause to inspect the location, site and the buildings and after detailed verification and scrutiny, prepare a detailed report in Form 1B appended to these rules, in duplicate, incorporating compounding fee as per Appendix 1 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 following documents to the Town Planner within 60 days from the date of receipt of the application-

• (i) One copy of Forms 1-A and 1-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, structural engineer as the case may be. The v
  

S.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. However, 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 pre

S.8 Construction after regularization

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

(2) No regularization of unauthorized construction shall be provided in future.

S.9 Procedure in case the application for regularization is rejected etc

(1) In case if the application for regularisation 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 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 any 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 for the demolition of such unauthorised construction forthwith 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 una

S.10 Review by Government

(1) Any person aggrieved by an order issued under the provisions of these rules, may file a petition for review, to the Government: Provided that there shall be only one review against any order issued.

(2) A petition for review under sub-rule(1) shall be presented within thirty days from the date of service of the order, allowing or rejecting the application by the Secretary.

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

(4) When a petition for review has been presented under these rules, the Government may, if found necessary, stay the operation of the order, pending consideration of the petition.

(5) The Government shall, after reviewing the petition, pass appropriate orders thereon after hearing the petitioner and forward the same to the Secretary concerned, with copy thereof to the Town Plan

S.11 Power of the Government to cancel or revise the order etc

(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 once, 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.

S.12 Constitution and Functioning of the Monitoring Committee

(1) The Government may constitute a Monitoring Committee for the purpose of ensuring transparency and supervision of the regularisation of unauthorised construction, consisting of the following Members, namely:-

• (i) The Additional Chief Secretary/Principal Secretary, - Chairman
• (ii) The Chief Town Planner, Town and Country Planning Department - Member
• (iii) The Chief Engineer, Local Self Government Department - Member
• (iv) The Director, Department of Urban Affairs; - Convenor

(2) The Monitoring Committee may suo moto or as directed by Government take up for consideration the construction regularised under these rules and submit its recommendations to the Government.

(3) The Monitoring Committee may, if necessary, conduct random site inspections of the construction regularized under these rules and also scrutinize the related files at all levels of the regularization process as cited in rules 6 and 9.

(4) The Monito

S.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.