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Kerala Panchayath Building Rules 2019 uploaded by James Joseph Adhikarathil Kottayam

1. 1. GOVERNMENT OF KERALA NOTIFICATION In exercise of the powers conferred by sections 235A, 235B, 235F, 235P, 235W read with section 254 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) and in supersession of the Kerala Panchayat Building Rules, 2011 issued under G.O. (Ms.) No 41/2011/LSGD. dated 14th February, 2011 and published as S.R.O. No. 127/2011 in Kerala Gazette Extraordinary No. 351 dated 14th February,2011, the Government of Kerala hereby make the following rules, namely:— Dated, Thiruvananthapuram, 2nd November, 2019.G.O.(P) No.78/2019/LSGD. 16th Thulam, 1195. Local Self Government (RD) Department © േകരള സർകാർ Government of Kerala 2019 േകരള ഗസറ് KERALA GAZETTE അസാധാരണം EXTRAORDINARY ആധികാരികമായി ്പസിദെപടുതുനത PUBLISHED BY AUTHORITY Regn.No. KERBIL/2012/45073 dated 05-09-2012 with RNI Reg No.Kl/TV(N)/634/2018-20 വാല്ം 8 Vol. VIII തിരുവനനപുരം, െവളി Thiruvananthapuram, Friday 2019 നവംബർ 08 08th November 2019 1195 തുലാം 22 22nd Thulam 1195 1941 കാർതികം 17 17th Karthika 1941 നമർ No. 2692 S. R. O. No. 829/2019 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
2. 2. CHAPTER I DEFINITIONS 1. Short title, applicability and commencement.- (1) These rules may be called the Kerala Panchayat Building Rules, 2019. (2) They shall apply to area under all Village Panchayats in the State. (3) They shall come into force at once. 2. Definitions - (1) In these rules, unless the context otherwise requires,- (a) 'access' means a clear approach to a plot or a building; (b) 'accessory building' means a building separated from the main building on a plot, and containing one or more accessory uses; (c) 'accessory use' means any use of the premises, subordinate to the principal use, and customarily incidental to the principal use; (d) 'Act' means the Kerala Panchayat Raj Act, 1994 (20 of 1994); (e) 'advertising sign' means any surface or structure with characters, letters or illustrations applied thereto and displayed in any manner whatsoever outdoors for the purpose of advertising or giving information or to attract the public to any place, person, public performance, article, or merchandise, and which surface or structure is attached to, forms part of, or is connected with any building, or is fixed to a tree or to the ground or to any pole, screen, fence or hoarding or displayed in space, or in or over any water body. (f) 'altération' means a structural change, such as an addition to the area or height, or addition of floor / floors or mezzanine floors within any existing floor height or change of existing floor or changing the roof to concrete slab or reconstruction of existing walls or construction of concrete beam and columns amounting to structural change or construction of internal walls for sub dividing the existing rooms with the intention of changing the use of rooms which amounts to change in occupancy group of the building under these rules or closing of any required means of ingress or egress to the building; (g) 'apartment' means a building, accommodating more than two dwelling units for residential purpose. This word is synonymous to 'residential flat'. (h) 'appendix' means the appendix to these rules; (i) 'approved plan' means the set of drawings and statements submitted under these rules for obtaining development permit or building permit and duly approved by the Secretary; (j) 'assembly building' means a building or a floor or part of a floor of a building used for gathering of persons for the purposes of amusement, deliberation or entertainment but does not include multiplexes. (k) 'balcony' means a horizontal projection, including a hand rail, or balustrade to serve as passage or sitting out place; 2 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
3. 3. (l) 'Basement floor' means any lower storey of a building partially or fully below the lowest contiguous proposed ground level provided that, the part of such storey above ground level shall not exceed 75 centimeters. This word is synonymous with 'cellar'. (m) 'bathroom' means a room or cubicle for bathing; (n) 'building' means any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used for human habitation or not and includes foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms, verandah, balcony, cornice or projection, part of a building or anything affixed thereto or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures, tanks constructed or fixed for storage of chemicals in any form and for storage of water, effluent, swimming pool, ponds etc., (o) 'building line' means the line up to which the plinth of a building adjoining a street or an extension of a street or a future street may lawfully extend. It includes the lines prescribed, if any, in any town planning scheme in force in the area beyond which no portion of the building may extend except as prescribed in these rules. The building line may change from time to time as decided by the authority. (p) 'Built- up area' means the total area covered by the building at all floor levels. It shall also include area of mezzanine floor, galleries, barsati and pent house at terrace level; (q) Category –I Village Panchayat means a Village Panchayat notified as Category I Village Panchayat by the Government under sub-rule (5) of rule 3; Category –II Village Panchayat means a Village Panchayat notified as Category—II Village Panchayat by the Government under sub-rule (5) of rule 3; (r) 'ceiling' means the internal roof/lining of any room; in case there is no such lining, the roof membrane shall constitute the ceiling; (s) 'Chief Town Planner' means the Chief Town Planner to the Government of Kerala; (t) 'chimney' means an upright shaft containing and encasing one or more flues; (u) 'cladding' means those components of a building which are exposed to the outdoor and indoor environment and are intended to provide protection against wind, vapor and heat; (v) 'connected load' means sum of the maximum amount of wattage that is allocated to all applicants or owner of a building or part of a building, who have sought electricity connection for the completed buildings or part thereof; (w) 'contract demand' means the demand (load in terms of KVA) based on the requirement between the building owner and power supplier; (x) 'conversion' means the change from one occupancy to another occupancy or any change in building structure or part thereof resulting in a change of space and use requiring additional occupancy certificate. (y) 'corner plot' means a plot abutting two or more intersecting streets. 3 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
4. 4. (z) 'corridor' means an exit serving as a passageway communicating with separate rooms or with different parts of a building or with different buildings; (aa) 'Covered area' means the ground area covered by the building and is synonymous to area of the building foot print. It shall include covered parking. It does not include the spaces covered by :- (i) Garden, rockery, well and well structures, plant, nursery, water tank, swimming pool (if uncovered), platform around a tree, tank, fountain bench and like: (ii) drainage, culvert, conduit, catch pit, gully pit, drainage chamber, gutter and the like: (iii) flight of steps and ramps all open to sky, cantilevered car porch, compound wall, gate, slide, swing, areas covered by sunshade and the like. (iv) storeys fully below the ground level (ab) 'coverage' means the percentage of covered area with respect to the plot area. (ac)'Cul-de-sac' means a street with dead end having adequate maneuvering space facility for vehicles. (ad) 'Developer' means any individual or group of individuals or any firm (by whatever name called) who undertakes any building activity including construction, reconstruction, repairs, additions or alterations of buildings or development or redevelopment of land on behalf of the owner or by himself who has obtained permit under the provisions of these rule, through an agreement executed between them. (ae) 'development of land' means any material change on the use of land other than for agricultural purpose brought about or intended to be brought about by filling up of the land or changing from the existing former use of the land, layout of streets and foot paths, provision of water supply, sewerage, drainage, electrification, landscaping, sub- division of land for residential plots or for other uses including layout of internal streets, developing parks, play grounds and social amenities of the like, but does not include legal partitioning of family property among heirs. (af) 'Development plan' means the plan(s)/scheme(s) to any area under Town and Country Planning legislation in force in the state (This word is synonymous with Town Planning schemes); 4 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
5. 5. (ag) 'double frontage plot ' means plot having a frontage on the two streets other than a corner plot; (ah) 'drain' means a sewer, pipe, ditch, channel and any other device for carrying of sewage, offensive matter, polluted water, sullage, waste water, rain water or sub-soil water and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter to the sewage outfall; (ai) 'drainage' means the removal of any liquid by a system constructed for the purpose; (aj) 'dwelling' means a building or a portion thereof which is designed or used wholly or principally for residential purposes; (ak)'dwelling unit' means a room or suites of rooms designed and intended for habitation by an individual or household in which facilities for cooking may or may not be provided; (al) 'escalator' means a moving staircase consisting of an endlessly circulating belt of steps driven by a motor which conveys people between floors of a building. (am) 'exit' means a passage, channel or means of egress from any building, storey or floor to a street or other open space of safety; (an) 'external wall' means an outer wall of a building; it also means a wall abutting on an interior open space of any building; (ao) 'factory' means any premises including the precincts thereof used or proposed to be used for any purpose as defined under the Factories Act, 1948 (Act 63 of 1948) and which comes under the purview of the said Act; (ap) 'family' means a group of individuals normally related in blood or connected by marriage living together as a single house-keeping unit and having common kitchen arrangements; customary resident domestic servants shall be considered as adjunct to the term 'family'; (aq) 'floor' means the lower surface in a storey on which one normally walks in a building. The general term 'floor' unless otherwise specifically mentioned, shall not refer to a mezzanine floor; Note:-The sequential number of floor shall be determined by its relative position with respect to the Ground floor. The floors above the ground floor shall be called in sequence as First floor, Second floor, Third floor etc with number increasing upwards and the floors below the ground floor shall be called in sequence as Basement floor-1, Basement floor-2, Basement floor-3 etc with number increasing downwards. (ar) 'floor space index (F.S.I.)' means the quotient obtained by dividing the total built up area by the area of the plot.(This word is synonymous with FAR) F.S.I. = Total built-up area Plot area (as) 'flue' means a confined space or a duct for the outflow of smoke and waste gases produced by a fire, a gas heater, other fuel burning installation any product of combustion or resulting from the operation of any heat producing appliance or equipment employing solid, liquid or gaseous fuel 5 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
6. 6. (at) 'frontage' means side or part of a side of a plot which abuts a street; (au) 'front yard' means an open space extending laterally along the front side (main entrance side of ground floor) of a building and forming part of the plot; Note: - Where more than one entrances to a building are provided at the ground floor, the entrance giving access to the major portion of the ground floor shall be considered as the main entrance; (av) 'gallery' means an intermediate floor or platform projecting from a wall of an auditorium or a hall providing extra floor area, additional seating accommodation, etc.; (aw) 'garage' means a building or portion thereof, used or intended to be used for the shelter, storage or repair of any mechanically propelled vehicle; (ax) 'Government' means the Central or State Government (ay) 'Government Approved Private Information Technology Building' means any Information Technology Building constructed in the private sector and approved by the Information Technology Department of Government of Kerala, which does not fall under the category of Government Approved Private Information Technology Park and Government Owned Information Technology Park; (az) 'Government Approved Private Information Technology Park' means any Information Technology Park promoted by a private entity, which is approved by the Information Technology Department of Government of Kerala; (ba) 'Government Owned Information Technology Park' means any Information Technology Park promoted by an entity of the State Government or Central Government, which is approved by the Information Technology Department of Government of Kerala; (bb) 'Green building' means the one which uses less water, optimises energy efficiency, conserves natural resources, generate less waste and provide healthier spaces for occupants, as compared to a conventional building as specified by Indian Green Building Council; (bc) 'Ground floor' means: (i) the lowest floor of a building in the case of the building without basement floor(s) and; (ii) the floor above the uppermost basement floor, in the case of building with basement floor(s). (bd)'habitable room' means a room occupied or designed for occupancy by one or more persons for study, prayer, living, sleeping, eating, kitchen if it is used as dining room, but not including bathrooms, water-closet compartments, laundries, serving and storage pantries, corridors, attics and spaces that are not used frequently or during extended periods 6 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
7. 7. (be)'head room' means the clear vertical distance measured from the finished floor surface to the finished ceiling surface; where a finished ceiling is not provided, the underside of the joists or beams or tie beams shall determine the upper point of measurement; (bf) 'height of building' means the vertical distance measured from the average proposed ground level contiguous to the building; (i) in the case of flat roofs, to the highest point of the flat roof; (ii) in the case of pitched roofs and gabled roofs, to the midpoint between the eves level and the ridge; (iii) in the case of domed roofs, to the highest point of the dome; provided that architectural features appurtenant roof structures like staircase tower, overhead tanks, air-conditioning plant rooms, lift rooms, cellular telecommunication equipments, tower structures, chimneys, rooftop helipad, open swimming pools, parapet walls and similar roof structures other than pent houses shall not be included in the height of the building. Note:- for arriving at the average proposed ground level, the average of the lowest proposed ground level and the highest proposed ground level contiguous to the building shall be taken. (bg) 'height of room' means the vertical distance between the floor and the lowest point excluding beam and column on the ceiling of the room; (bh) 'hut' means any building constructed principally of wood, mud, leaves, grass, thatch or such easily perishable material (bi) 'Information Technology Building' means a building occupied by industries, any other business establishments, whose functional activities are in the field of Information Technology, Information Technology Enabled Services (IT/ITES) and Communications Technology of the total built up area in such buildings, at least 70% of the area should be earmarked for this purpose and the remaining may be utilized for supporting activities like restaurants, food courts, meeting rooms, guest houses, recreational facilities; (bj) 'Information Technology Park' means an integrated township, which may contain Information Technology Buildings, as well as other buildings. The Information Technology Buildings in the Information Technology Park shall be constructed for the purpose of carrying out the activities set out in clause (bi) for Information Technology Buildings and the remaining buildings in the Information Technology Park are meant to play a complimentary role, supporting the activities in the Information Technology Buildings. In the Information Technology Park, 70% of the land area is to be set aside for the construction of Information Technology Buildings and the remaining land area may be utilised for all the supporting activities. The buildings for the supporting activities may include residential buildings, recreational facilities, educational facilities, convention centres, hospitals, hotels and other social infrastructure meant to support the activities in the Information Technology Buildings and Information Technology Parks; 7 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
8. 8. (bk) 'interior plot' means a plot, access to which is by a passage from a street whether such passage forms part of the plot or not; (bl) 'Certified Energy Auditor (Building)' means a person who fulfills the eligibility criteria specified in the Energy Conservation (Minimum qualification for Energy Auditors and Energy Managers) Rules, 2006 and has qualified National Examination for Energy Conservation Building Codes Compliance; However, till the conduct of Certification of Certified Energy Auditor (Building) through National Examination for Energy Conservation Building Codes Compliance, the status quo Stated in Para 3. Initiation of Construction, in the Kerala State ECBC, 2017 shall be complied with; (bm) 'lift well' means the unobstructed space within an enclosure provided for the vertical movement of the lift car and any counter weight including the lift pit and the space for top clearance; (bn) 'loft' means a residual space in a pitched roof, or any similar residual space, above normal floor level without any direct staircase leading to it which may be constructed or adopted for storage purposes; (bo) 'mechanised parking' include, parking and retrieval of vehicles by mechanical means; (bp) 'mezzanine floor' means an intermediate floor in any storey overhanging and overlooking a floor beneath; (bq) 'multiple occupancy building' means any building which accommodates more than one occupancy other than Group G2, Group I and Group J as per these rules; (br) 'Panchayat' means a village panchayat, a block panchayat, or a district panchayat constituted under section 4 of the Act. (bs) 'occupancy group' means the principal occupancy for which a plot, a building or a part of a building is used or intended to be used; for the purposes of classification of a plot or building according to occupancy, an occupancy shall be deemed to include the subsidiary occupancies which are contingent upon it; (bt) 'open space' means an area, forming an integral part of the plot, left open to the sky; (bu)'operational construction' means a construction whether to be temporary or permanent which is necessary for the operation, maintenance, development or execution of any of the services essential to the life of the community as declared by the Central or State Government from time to time; (bv) 'owner' in respect of land or building, means the person who receives the rent for the use of the land or building or would be entitled to do so if they were let and includes,- (i) an agent or trustee who receives such rent on behalf of the owner or is connected with any building devoted to religious or charitable purpose; (ii) a receiver, executor or administrator or a manager appointed by any court of competent jurisdiction to have the charge of or to exercise the rights of the owner; (iii) mortgagee in possession; and 8 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
9. 9. (iv) a lessee in possession; (bw) 'parapet' means a low wall not more than 1.2 m in height built along the edge of a roof or a floor; (bx) 'parking building' or 'parking plaza' means an independent building used exclusively for off-street car parking; (by) 'parking space' means an area enclosed or unenclosed, sufficient in size to park vehicles, together with a driveway connecting the parking space with a street and permitting ingress and egress of vehicles; (bz) 'passage way' means a means of access; (ca) 'pathway' means an approach constructed with materials, such as bricks, concrete, stone, asphalt or the like; (cb) 'permit' means a permission or authorisation in writing by the Secretary to carry out work; (cc) 'Persons with disability' means, persons with disability as defined in clause (1) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1of 1996); (cd) 'plinth' means the portion of a structure between the surface of the surrounding ground and surface of the floor, first above the ground; (ce) 'plinth area' means area of the building at the plinth level, and shall not include the area of open porch (not enclosed by wall), uncovered staircase; (cf) 'plot' means a parcel or piece of land enclosed by definite boundaries as described in the document in support of ownership of the plot; (cg) 'plot area' means the area of the land as per the records of the revenue authorities as authenticated by a possession certificate, land tax receipt issued by the Village Officer; (ch) 'plot depth' means the mean horizontal distance between the front and rear plot boundaries; (ci) 'porch' means a canopy supported on pillars or otherwise and used for the purpose of pedestrian or vehicular approach to a building; (cj) 'rear yard' means the open space extending laterally along the rear side of the plot and forming part of the plot; any side yard can be interchanged with rear yard. (ck) 're-development of land' means re-developing an already developed land. (cl) 'Registered Institution /Architect/Engineer/Town Planner/Supervisor' means an Institution/Architect/Engineer/Town Planner/Supervisor registered or deemed to have been registered as such under these rules; 9 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
10. 10. (cm) 'road' means any highway, street, lane, pathway, alley, passageway, footway or bridge whether a thoroughfare or not, over which the public have a right of passage or access uninterruptedly for a specified period; whether existing or proposed in a Master Plan / Detailed Town Planning Scheme / Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016); (cn) 'road level' means the officially established elevation of the centre line of the road upon which a plot abuts and if there is no officially established elevation, the existing elevation of the centre line of the road; (co) 'road width' shall be the minimum existing width of the road at any point . (cp) 'row buildings' means buildings in a row with only front and rear open spaces with or without interior open spaces. (cq) 'Secretary' means the Secretary of a Panchayat; (cr) 'section' means a Section in the Act; (cs) 'Security Zone' means any area, identified and delineated by the Home Department of the state government as Security Zone from time to time and notified and published in government gazette by the Local Self Government Department. For the purpose of these rules, any area around compounds or sites which accommodate vital or strategic installations, offices, residences, institutions, landmarks, jail compounds, monuments, ports, shipyards, scientific and advanced research centres and the like, which in the opinion of the government, needs special security and necessitates regulations and/or restrictions for constructions and land developments around, can be delineated as security zone. (ct) 'service lane' means a lane provided at the rear or side of a plot for service purposes; (cu) 'service station' means a place where washing, cleaning and oiling of automobile is done without any repairing; (cv) 'set back line' means a prescribed building line drawn with reference to the central line or boundary of a street, on the street side of which nothing can be erected or re- erected except compound wall; (cw) 'sewage drain' means a drain used or constructed to be used for conveying solid or liquid waste matter, excremental or otherwise to a sewer; (cx) 'shop' means a building or part of a building where articles or goods of any kind are ordinarily sold. It shall not include a workshop; (cy) 'side yard' means an open space extending laterally between any side of a building and the boundary of the plot facing that side other than front and rear yard and forming part of the plot; any side yard can be interchanged with rear yard (cz) 'site' means a plot and its surrounding precincts; (da) 'stair cover' means cabin - like structure with a covering roof over a staircase and its landing built to enclose only the stairs for the purpose of providing protection from weather and not used for human habitation. It is synonymous with stair cabin or staircase room; 10 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
11. 11. (db) 'stall' means any structure other than a hut used solely for the display and sale of goods (dc) 'storey' means the portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it; (dd) 'street' means a private or a public path giving access to more than one plot or building; (de) 'street level' means the level at the centre line of the street (df) 'street line' means the line defining the side limits of a street; (dg) 'structure' means anything that is built or constructed or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. The term structure includes 'building'; (dh) 'sunshade' or 'weather shade' means a sloping or horizontal structural overhang usually provided over openings on external walls to provide protection from sun and rain; (di) 'tenement' means part of a building intended or used or likely to be used as a dwelling unit; (dj) 'to erect' means- (i) to erect a new building on any site whether previously built up or not; (ii) to re-erect any building of which portions above the plinth level have been pulled down or destroyed; and (iii) conversion from one occupancy to another; (dk) 'travel distance' means the distance an occupant has to travel to reach an exit; (dl) 'unconnected latrine' means a latrine not connected to the public sewer system, it may be connected to a septic tank; (dm) 'unsafe building' means building which is structurally unsafe, insanitary or not provided with adequate means of egress or which constitute a fire hazard or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation or abandonment; (dn) 'use group' means the principal use for which a plot, a building or part of a building is used or intended to be used; (do) 'verandah' means a covered area with at least one side open to the outside with the exception of parapet, trellis, jelly or grill work on the open side; (dp) 'warehouse' means a building, the whole or substantial part of which is used or intended to be used for the storage of goods whether for keeping or for sale or for any similar purposes but does not include a store room attached and used for the proper functioning of a shop; 11 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
12. 12. (dq) 'water closet' or 'WC' means a latrine with arrangement for flushing the pan with water but does not include a bathroom; (dr) 'water course' means an artificial or natural drainage canal; (ds) 'width of street' means the right of way and includes carriageway, footpath, service roads, flyovers, medians, road side drains, street furniture, wayside plants/trees and the like. (dt) 'yard' means an open space at ground level between a building and the adjoining boundary lines of the plot unoccupied and unobstructed except by encroachment of structures specially permitted by these rules on the same plot with a building. All yard measurements shall be the minimum distance between the front, rear and side yard plot boundaries, as the case may be, and the nearest point of the building including enclosed porches; every part of a yard shall be accessible from every part of the same yard. (2) Words and expressions used, but not defined in these rules, but defined in the Kerala Panchayat Raj Act, 1994 (20 of 1994) shall have the same meaning assigned to them in that Act. 3. Applicability:-These rules shall apply to:- (1) any public or private building as described below, namely :- (a) where a building is newly erected, these rules shall apply to the designs and construction of the building; (b) where the building is altered, these rules shall apply to the altered portion of the building; (c) where the occupancy or use of building is changed, these rules shall apply to all the parts of the building affected by the change; (d) where addition or extension is made to a building, these rules shall apply to the addition or extension only, Provided that, for calculation of Floor Space Index, coverage, required off street parking area to be provided and width of access to the plot as well as minimum width of the street giving access to the plot from the main street, the whole building existing to be retained and proposed shall be taken into account; Provided further that the addition, extension or new building shall be permitted only if the site and existing buildings are authorised. (2) All lands which are proposed to be developed or redeveloped for construction of buildings. (3) Provisions in the Master Plan, Detailed Town Planning Scheme etc. shall prevail:- Notwithstanding anything contained in these rules, provisions or regulations in any Master Plan / Detailed Town Planning Scheme / Interim Development Order in force under the Kerala Town and Country Planning 12 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
13. 13. Act, 2016 (9 of 2016) shall prevail over the respective provisions of these rules wherever such Plan/ Scheme/ Order exist. (4) Power of the Government to relax the provisions of these rules in certain cases:- The Government may, in conformity with the provisions of the Act and in consultation with the Chief Town Planner, relax any building from the provisions of these rules, when construction is made – (a) by Government/Local Self Government Institutions or Government Institutions for a public purpose, (b) by co-operative societies, which were set up and functioning with the Government share and financial assistance and which come under Group B Education and/or Group C Medical/Hospital occupancies as provided in rule 25 of these rules exclusively for a Government purpose. By any individual or organisation for construction of aided- schools. (c) by any individual, group of individuals or corporate body in parcels of land left behind after surrendering to the state government or the local self government concerned free of cost for a public purpose with prior approval of the state government. (5) Power of Government to exempt buildings – The Government may in confirmity with the provisions of the Act and in consultation with the Chief Town Planner exempt any building from the operation of all or any of the provisions of these rules, subject to conditions, if any, to be stipulated in the order, granting such exemptions; Provided that such exemption shall be considered on individual application as per criteria stipulated in Appendix M. The application form in Appendix N for exemption shall be forwarded to the Government through the Chief Town Planner with their remarks. Provided further that such exemption shall be considered only if the individual application for exemption from these rules is forwarded to the Government along with a chalan receipt remitting the application fee in Government Treasury as decided by Government from time to time. (6) Categorisation of Village Panchayat,- (a) The Government may, for the purpose of these Rules, by notification in the official Gazette, categorise the Village Panchayats into two categories such as Category-I and Category- II. (b) The Village Panchayat,- (i) which in the opinion of the Government has significant potential for urbanization and/or special characteristics which necessitate more regulatory intervention; or 13 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
14. 14. which is either partly or fully covered by a Development Plan published or sanctioned as per the provisions contained in the Town Planning Act in force, shall be categorised as Category-I Village Panchayat. which do not fall under Category-I Village Panchayat shall be categorised as Category-II Village Panchayat. CHAPTER II DRAWINGS, PERMITS AND OCCUPANCY CERTIFICATES 4. Essentiality of permit - (1) No person shall develop or redevelop any parcel of land by subdividing into plots or cause the same to be done without first obtaining a permit for each such development or redevelopment from the Secretary. (2) No person shall construct or reconstruct or make addition or extension or alteration to any building or cause the same to be done without first obtaining a building permit for each such work from the Secretary. (3) No person shall change the occupancy of an existing building from one group to another, without first obtaining the permit from the Secretary. 5. Application for development/building permit.- (1) Every person other than a Central or State Government Department who intends to:- (a) develop or redevelop any parcel of land by subdividing into plots shall apply in writing to the Secretary in the form in Appendix A3 and/or (b) construct or reconstruct a building or make alteration or addition or extension or change in occupancy to a building shall apply in writing to the Secretary in the form in Appendix - A1; and such application shall be accompanied by plans and statements in duplicate as per these rules along with documents to prove the ownership of the land concerned such as title deed proving the ownership of the applicant, land tax receipt issued by the village office and the possession certificate issued by the village office and payment of application fee as specified in Schedule I, along with a copy of certificate of registration of the Institution, Architect, Building Designer, Engineer, Town Planner or Supervisor, as the case may be, who has prepared and signed the plans, drawings and statements. The applicant shall submit the details of Court cases, if any, pertaining to the land. In case of a Joint Venture development, the agreement between the land owner and the developer shall also be produced. (2) Applications may also be submitted through e-filing system, as may be prescribed, if such system is in force in the Local Self Government institution concerned and, the Secretary may receive, process and issue necessary orders on the application through e-filing system. 14 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
15. 15. (3) In the case of any development or redevelopment of land and/or construction or reconstruction of a building or alteration or addition or extension or change in occupancy to a building by Central or State Government Department, the officer authorized shall, before thirty days of commencement of the work, submit to the Secretary a set of layout plan or plans of the proposed plot subdivisions and/or, a set of plans of the proposed building, as the case may be, together with all other details with a certificate duly signed by the Chief Architect or the Engineer- in- charge of the works to the effect that the plans are in conformity with the provisions of these rules in all respects including conformity to any Master Plan / Detailed Town Planning Scheme / Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016), prepared for the area. In such cases approvals from Chief Town Planner or District Town Planner, as the case may be, and permit from the Secretary as per these rules are not required. (4) In the following cases the Secretary shall obtain, if not produced by the applicant, after receiving the application for permit / written information from the applicant, whether it is Central Government, State Government, autonomous bodies, Quasi- governmental agencies, local self-government institutions, Co-operative Societies, Devaswom boards, private parties etc., a written consent/ concurrence/ NOC from the officer/ authority concerned before issuing the permit. The applicant may directly obtain NOC/Permission, if any required, from organizations and submit along with the application for permit. Sl. no. Location/ Use of the site and or building Officer/ authority 1 Proposed building is within 10m from Defence Establishment or Proposed high rise buildings within 500m from Defence Establishment or Telecommunication towers within 200m from Defence establishment or as per notification issued by Defence establishment from time to time Officer in charge of the Defence establishment 2 Proposed buildings within 30m from Railway track boundary or Telecommunication towers within 100m from Railway track boundary. Railway Authority concerned 3 Proposed site/buildings in areas declared, identified or advised by the Kerala Urban Arts Commission as possessing heritage value. The Kerala Urban Arts Commission 4 Proposed buildings within any Security Zone District Collector 5 Proposed buildings/places for religious purpose or worship District Collector 6 Proposed fuel filling stations District Collector 7 Proposed crematoria or burning and burial grounds including cemetery and vaults District Collector 15 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
16. 16. 8 Proposed site/buildings in any area notified by the Government of India as a coastal regulation zone under the Environment Protection Act, 1986 (Central Act 29 of 1986) and rules made there under. Kerala Coastal Zone Management Authority (KCZMA) 9 Any activity as specified in the schedule to the Notification No. S.O. 1533(E) dated the 14th September, 2006 and as amended from time to time, issued by the Ministry of Environment and Forests, Government of India State Level Environment Impact Assessment Authority (SEIAA) / Ministry of Environment and Forests 10 As per prevailing statutes of the Kerala State Pollution Control Board. Kerala State Pollution Control Board 11 Proposed traffic terminal stations like mobility hubs, bus stands or inter-state bus terminals Chief Town Planner 12 i. All buildings under Group A1, A2, B, C,E,F,G1,G2and H occupancy exceeding 1000 sqm of built-up area or exceeding 15 m of height ii. All buildings under Group D, I and J occupancy irrespective of the number of storeys. Director of Department of Fire and Rescue Services or an officer authorized by him in this regard to the effect that the construction of the building conforms to the fire and safety norms specified in part 4 Fire and Life Safety of National Building Code of India, 2016 and subsequent amendments. 13 All buildings under Group A1, A2, B, C, E, F, G1, G2 and H occupancy exceeding 300 sqm and below 1000 sqm of built-up area, as also in the case of buildings not exceeding 15 m height. A self-declaration in the form in Appendix- L from the applicant along with a certificate from the architect/engineer, who had prepared the plan, to the effect that the construction of the building conforms to the fire and safety norms specified in part 4 Fire and Life Safety of National Building Code of India, 2016 and subsequent amendments. Also, a copy of the self declaration form and 16 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
17. 17. certificate of the architect/ engineer shall be submitted to the nearest Fire Station. 14 Proposed buildings within 20km vicinity from Airport Reference Point (ARP) and/or as per the colour coded zoning map approved for each airport and/or all buildings having elevation more than 150m from ground level Airport Authority of India (AAI) 15 Proposed single storeyed buildings below the Electrical line and if clearance not available as per rule 22 (5) Table 2 and for installation of transformers Chief Electrical Inspector / an Officer authorized by him in this regard 16 Any activity within 300 metre distance from any protected monument/area notified by the Archaeological Survey of India Archaeological Survey of India 17 Buildings of various occupancies as mentioned in Table 11 of these rules District Town Planner/ Chief Town Planner concerned, if required 18 Proposed site/ building forms part of any Town Planning Scheme for the area District Town Planner/ Chief Town Planner concerned, if required Provided that, the required permission/No Objection Certificate of any other Departments/Agencies as required under law may also be obtained for any land developments or constructions. Provided that the Secretary shall issue permit for Single family residential buildings upto 300 m2 of build up area coming under Coastal Regulation Zone, in accordance with the provisions of the relevant Coastal Regulation Zone notification in force. Provided further that, such officer/authority concerned shall furnish his reply within fifteen days from the date of receipt of the consultation letter, if such establishment has any objection to the proposed work. The objection, if any, raised by the officer within the said fifteen days shall be duly considered by the Secretary before issuing permit. All these are subjected to amendments of the relevant Acts from time to time. In cases where final remarks are not received within the said fifteen days from the Officer or Railway Authority as in sub-rule (4), the Secretary may delay final decision in the application for permit, if any interim reply is received from the Officer/Railway Authority concerned. Provided that provisions regarding the height of the building as specified in the National Building Code of India 2016 shall not apply to multiplexes. Note: (i) In the case of all livestock and poultry farms under group G1 or G2 occupancies, and vaults and burial grounds under Group I occupancy, certificate of approval from the Director of Department of Fire and Rescue Services is not necessary. 17 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
18. 18. (ii) Applications for renovation without involving additional built-up area or structural alterations of existing buildings for religious purpose or places of worship can be considered by the Secretary after informing the District Collector in Form in Appendix-I duly filled by the applicant and verified by the Secretary. (5) (1) Any new building under any of the following occupancies as provided under rule 25 of these rules, having a connected load of 100 kW or greater, or a contract demand of 120 kVA or greater, or having air-conditioned area of 500 sqm. or greater, require the compliance of the provisions of Kerala State Energy Conservation Building Code:- Group A2: Special Residential, Group B: Educational, Group C: Medical / Hospital Group D: Assembly, Group E: Offices/Business Group F: Mercantile/Commercial and Group H: Storage (2) Along with the application for building permit submitted to the Local Self Government Institution concerned for issuing building permit, the applicant shall submit the forms mentioned in the Kerala State Energy Conservation Building Code Rules, notified by Kerala Government. Provided that a copy of the above said documents, with certification from a certified Energy Auditor (Building) shall be submitted simultaneously to the State Designated Agency, who shall scrutinize the same and intimate any non- compliance to the applicant and to the Local Self Government Institution concerned within thirty days of receipt. If any noncompliance has been pointed out by the State Designated Agency, the Local Self Government Institution shall get a further certificate of rectification from the applicant through the certified Energy Auditor (Building) before issuing the building completion certificate as per schedule, section 3 of Kerala State Energy Conservation Building Code (KSECBC) (6) Layout of buildings and/or usage of plots/ concurrence;- (1)While issuing approval for plot sub division lay outs or usage of plot and/or layout of buildings, the District Town Planner or Chief Town Planner as the case may be, shall consider the following aspects. (a) Usage of Plot: Usage of plot shall be governed by the provisions of the Master Plan / Detailed Town Planning Scheme / Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016) prevailing in the area. In the absence of such a plan / scheme / order, approval for usage of the plot is determined in consideration of the following: 18 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
19. 19. (i) The surrounding developments (ii) Availability of infrastructure facilities (iii) Physical aspects of the plot (iv) Impact on the surrounding area (b) Layout of Building: Approval for layout of building(s) is determined in consideration of the following: (i) Access to the plot and building (ii) Alignment of the internal roads (iii) General setting of the building (iv) Parking arrangements and maneuverability (v) Aspects related to FAR and Coverage (vi) Different uses within building (vii) Provisions of the Master Plan / Detailed Town Planning Scheme/ Interim Development Order, if any, in force under the Kerala Town and Country Planning, Act, 2016 (9 of 2016). (c ) Concurrence : Concurrence shall be governed by the provisions of the Master Plan / Detailed Town Planning Scheme / Interim Development Order in force under the Kerala Town and Country Planning Act, 2016 (9 of 2016) prevailing in the area considering the following aspects and suggest conditions with respect to the following. (i) The surrounding developments (ii) Availability of infrastructure facilities (iii) Physical aspects of the plot (iv) Impact on the surrounding area (2) Application for Layout approval and Usage of plot/Concurrence shall be submitted in the form in Appendix-A4 along with scrutiny fee as per Schedule III (3) Such approval from District Town Planner or Chief Town Planner, as the case may be, may specify conditions with due consideration to various planning aspects pertaining to the particular development/construction and local developments and there may also be additional conditions not specified in these rules; 19 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
20. 20. Provided that these conditions so specified shall not in any form be interpreted to relax the provisions of these rules; Provided further that, before the approval of the site and plans and issue of permit, the Secretary shall ensure that the application, drawings and specifications conform to the provisions of these rules and other applicable statutes and the conditions, if any, stipulated by Chief Town Planner or District Town Planner, as the case may be. (4) For any deviation without change in occupancy and upto 5% of the total built up area in the plan approved by the District Town Planner / Chief Town Planner for layout of buildings and usage of plot as per these rules, but limited to 500 sqm. without change in occupancy, revised approval from the District Town Planner/ Chief Town Planner is not necessary. However, if there are serious deviations from such approved plan, fresh approvals shall be obtained from the Chief Town Planner or District Town Planner as the case may be. (5) Approval / Rejection /any other communication of layout and/or usage of plot shall be intimated to the applicant in writing within one month in the case of District Town Planner and within two months in the case of Chief Town Planner. 6 Plans to be submitted - (1) An application for a development permit shall be accompanied by atleast 3 copies of site plan, service plan and key map together with details and specifications as prescribed in these rules. (2) An application for building permit shall be accompanied by atleast 3 copies of site plan, service plan, key map, building plan, safety plan in case of high rise buildings, parking plan wherever the building requires parking space as per these rules, together with details and specifications as prescribed in these rules. (3) All plans submitted shall include the name, address and signature of the land owner, applicant and registered Institution/Architect/ Engineer/ Town Planner/ Supervisor. Also, the plans have to be certified by the registered Architect/ Engineer/ Town Planner/ Supervisor as given in Appendix J1. (4) Site Plan;- (a) The site plan shall be drawn to a scale of not less than 1:400, fully dimensioned and shall show: (i) boundaries of the plot intended for the proposed construction and any contiguous land belonging to the same owner including the revenue details like survey number with sub division, block, village, taluk, extent of plot etc. (ii) the number of the nearest building and electric post and the position of the site in relation to the neighboring street and its main access; (iii) the name of such street, if any; street levels and its width, which shall be the width in between the plot boundaries on the opposite sides; 20 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
21. 21. (iv) shall clearly show the setbacks of all existing and proposed buildings within the plot and also show all existing and proposed buildings above or below the ground level with their uses, appurtenant structures, proposed finished ground levels and authorised building numbers of the existing buildings within the plot issued by the Panchayat; (v)consolidated statement of the plot area, covered area and floor wise and use wise built-up area of both existing and proposed buildings including that of accessory buildings, Floor Space index and Coverage. (vi) all existing and proposed streets or foot - paths within the plot with its width to scale: (vii) the area and location of any land within the plot that is undevelopable such as rocky outcrops, steep terrains, marshes, water bodies, puramboke land etc; (viii) the area and location of any land within the plot that is not proposed to be developed or redeveloped and any land that is proposed to be reclaimed; (ix) the area and location of any paddy fields and/or other agricultural land that are proposed to be reclaimed and /or converted for the said development or re- development; (x) the position of external toilets, cattle sheds, stables, wells and other appurtenant structures; and (xi) the north direction, predominant wind direction in relation to the site and any other relevant information of the plot not specifically mentioned, but may be required by the Secretary. (xii) topographic contours (with contour intervals not greater than 1.5 metre to show the features of the plot clearly) of the site if required by the Secretary / District Town Planning Office. (xiii) All existing natural streams/drains within the plot, if any (xiv) World Geodetic System (WGS -84) coordinates (latitude and longitude) of the site and elevation of the top most point of the building with respect to mean sea level, if the plot falls within the Colour Coded Zone Map (CCZM) prepared by the Airport Authority of India and/or for buildings with elevation more than 150m as per Aircraft Act, 1994. (Central Act XXII of 1934) Provided that when circumstances are such as to make a smaller plan necessary or sufficient, the plan may be drawn to a scale of 1: 800 if acceptable by the Secretary. (b) In the case of site plan for plot sub division layouts, in addition to items in (a) above, the following details shall also be furnished:- 21 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
22. 22. (i) the layout of cul-de-sac, streets or foot-paths within, adjoining or terminating at the site, existing and/or proposed to be widened or newly aligned; (ii) the proposed plot subdivision, and the area and use of each sub division thereof; (iii) the access to each plot subdivision; (iv) the layout of any service road or foot path and public parking spaces proposed or existing, if any; (5) Key map:-The site plan shall be accompanied by a key map giving full details of the location of the site with reference to north direction, all adjacent streets, junctions, premises and landmarks. (6) Service Plan:-The service plan shall be drawn to a scale not less than that of the site plan, and shall show:- (i) the proposed plot sub-division, if any, and the uses of such sub- division; (ii) the layout of existing and proposed water supply, electricity, drainage and sewerage main lines from or to which connections are proposed to be given with dimensions and specifications; (iii) the layout of existing and proposed water supply, electricity, drainage and sewerage lines within the plot, with dimensions, specifications and description of installation; (iv) any other relevant information not specifically mentioned but may be required by the Secretary; and (v) the north direction and predominant wind direction in relation to the site. (7) Building Plan:- The plans, elevations and sectional elevations in the building plan accompanying the application shall be accurately drawn to a scale of not less than 1: 100,fully dimensioned and shall,- (i) include floor plans of all floors together with consolidated statement on the plot area, covered area and floor wise and use wise built-up area, including that of accessory buildings, if any, and such drawings shall clearly indicate the sizes and spacing of all framing members, size of rooms, levels of each floor, position of staircases, travel distance between staircases, ramps and lift wells; (ii) show the use or occupancy of all parts of the buildings; (iii) show the exact location of essential services like water closets, sink and bath; (iv) include sectional drawings showing the lowest ground level contiguous to the building, highest ground level contiguous to the building, levels of each floor, 22 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
23. 23. abutting road level, the height of rooms, building and parapet, thickness and spacing of structural members, floor slabs and roof and details of staircase. (v) show all street elevations; (vi) give dimensions of the projections, if any; (vii) include a terrace plan indicating the drainage and the slope of the roof; (viii) show the direction of north line relative to the plan of the building; and (ix) specify total and floor wise built up area of the building (x) specify, in the case of Group G1 or G2 industrial occupancy and Group I hazardous occupancy, wherever applicable; (a)power used in H.P. (b)number of workers (c)raw materials used (d)flow chart indicating the process (e)details of waste generated (f)details and methods of disposal of waste (8) Parking Plan:-Parking plan shall be drawn to a scale not less than that of the site plan, in cases where parking is to be provided as per these rules, and shall show clearly parking spaces, width and slope of drive-ways/ ramps and maneuvering spaces, parking space for differently abled persons, visitors parking, loading and unloading spaces etc. along with consolidated statement on calculation of parking requirements, as per these rules. (9) Safety Plan: -In the case of high rise buildings, every application for approval shall be accompanied by a safety plan suitable for the proposed construction duly certified by the Architect / Licensee/ Engineer that it is in accordance with the Health and Safety Manual published by the Labour Department. (10)In the case of High rise building the suggestions in the guidelines on use of Glass in buildings-Human safety, 2015 shall be adhered to wherever glass is extensively used in building. (11)Plan showing surrounding developments: -In the case of applications which need approval of usage of plot and/or layout of building(s) from the District Town Planner/ Chief Town Planner as per these rules and/or as per the provisions of any Town Planning Schemes, a sketch shall also be provided showing surrounding developments approximately within 50 metres from the boundary of the plot indicating: 23 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
24. 24. (i) distance from plot boundary, use and number of storeys of buildings and details of other developments, if any; (ii) vacant land, agricultural land, water bodies and other features; (iii) any other relevant information not specifically mentioned, but may be required by the Secretary/ District Town Planner/ Chief Town Planner. (12)The minimum size of the paper on which all plans are drawn shall not be less than 297 mm X 420 mm or A3. (13)The plans accompanying the application shall have the colour scheme as specified in Table 1 and shall be indicated in the legend in the plans. TABLE 1 COLOUR SCHEME Sl.No. Item Notational colouring 1 Plot line Thick black line 2 Street (existing) Brown line 3 Street (proposed) Brown dotted line 4 Permissible building line Thick black dotted line 5 Building(Existing) Black outline 6 Building (proposed to be demolished) Yellow hatching 7 Building (proposed) Red outline 8 Drainage sewerage work Red dotted line 9 Water supply works Black dot and dash line 10 Electric line Green line (14) All plans, drawings and specifications shall be certified and signed by a registered Institution or Architect or Engineer or Town Planner or Supervisor or Building Designer, registered as provided for in these rules, as well as the applicant. (15) If the plot is owned by more than one person, the application shall be submitted jointly and signed by all the persons or by legally authorized representatives of such persons, if any. (16) If the application is for construction or reconstruction of a single building or block of buildings in more than one adjoining plots owned by different persons, or to make addition or extension or alteration to such building, the application 24 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
25. 25. shall be submitted jointly and signed by all the persons or by legally authorized representatives of such persons, if any. (17) The Secretary shall, after considering the application, plans and drawings and other documents, issue development permit in the form in Appendix B1 or building permit in the form in Appendix B2, as the case may be. 7. Certain operational constructions by Government to be exempted from these rules- The operational constructions of the Central or State Government, whether temporary or permanent which is necessary for the operation, maintenance, development or execution of any of the following services shall be exempted from these rules, namely:- (a) Railway; (b) National Highway; (c) National Waterways; (d) Major Ports; (e) Airways and Aerodromes; (f) Posts and telegraph, telephones, wireless, broadcasting and other like forms of communications; (g) Roads, bridges, street furniture, toll plazas and wayside amenities by the Central Government, State Government and/or Local Self Government. (h) Waterway amenities like boat jetties and other waterside facilities for transportation by the Central Government, State Government and/or Local Self Government (i) Regional grid for electricity (j) Any other service which the State Government may, if it is of opinion that the operation, maintenance, development or execution of such service is essential to the life of the community, by notification, declare to be a service for the purpose of this clause: Provided that the following constructions by the services do not come under the purview of operational constructions, namely: - (i) New residential colonies, new residential buildings (other than temporary shelters which are used for essential operational quarters for limited essential operational staff and the like) roads and drains in railway colonies, community halls, hospitals, clubs, all type of educational institutions and offices, shopping complexes, railway mail service offices, parcel offices; and 25 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
26. 26. (ii) Post offices, other type of office of Posts and Telegraphs Department, residential colonies. 8. Permit not necessary for certain works - Notwithstanding anything contained in these rules, no building permit shall be necessary for executing the following works which do not otherwise violate any provisions regarding general building requirements, structural stability and fire safety requirements of these rules, namely:- (i) Providing or removing of windows or doors or ventilators; (ii) Providing inter-communication doors; (iii) Providing or removing of partitions without any structural alteration; (iv) Gardening excluding any permanent structures; (v) White or color washing; (vi) Painting; (vii) Petty repairs to the building and pitched roof; (viii) Plastering and patch work; (ix) Interior decoration without any structural alterations; and (x) Changing of the location of the building or construction within the plot; (xi) Compound wall not abutting a public street; (xii) Huts, except huts adjacent to roads mentioned in section 235P of the Kerala Panchayat Raj Act, 1994; (xiii) Single family residential buildings in Category –II Village Panchayats under Group A1-Residential occupancy with total built-up area on all floors upto 100 sq.metres (including existing and proposed within the plot) and the number of storeys limited to two. Provided that the changing of the location under item (x) shall be incorporated in the completion plan. Provided further that, except in cases as specified in rule 5(6)(3), if the change in location under item (x) above, is in deviation from any approvals, concurrences etc. obtained from any of the agencies/authorities concerned, other than that obtained from the Panchayat, as per these rules or bye laws made under the Act and any other law, such approval, concurrences etc. shall be obtained afresh. 9. Approval of site and plans and issue of permit - (1) On receipt of the application with the supporting documents attached thereto, the Secretary or the officer duly authorised by the Secretary shall issue an acknowledgement to the applicant on the same day and inform the applicant whether any No Objection certificate required from other authorities is /are not attached with the application. 26 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
27. 27. (2) The Secretary shall, after inspection of the site and verification of the site plan and documents, if convinced of the bonafides of the ownership of the site, and that the site plan, drawings and specifications conform to the site and the provisions of these rules or bylaws made under the Act and any other law, approve the site and site plan and record a certificate to that effect in the site plan as given in Appendix J2. The online inspection report shall be submitted within 48 hours of receipt of application for building permit. (3) The Secretary shall, after approving the site and site plan, verify whether the building plan, elevation and sectional elevation of the building and specifications of the work conform to the site and site plan, and is in accordance with these rules and bye laws made under the Act or any other law, approve the plan and issue permit to execute the work. (4) Approval of site and plans shall be intimated to the applicant in writing and the permit as in Appendix B2 shall be issued on remittance of the permit fee at the rates specified in Schedule II and submission of revised or modified plans, if approved with modifications or conditions. (5) If after inspection of the site and verification of the plans and documents, Secretary decides to refuse approval, the same shall be communicated in writing specifying the reasons. (6) Secretary shall, if modification to any plan, drawing or specification is required or any further document or plan or information is required or fresh plan is required under these rules for taking a decision, intimate the same to the applicant in writing within ten days from the date of receipt of such application or plan or document or information. (7) Approval of site and plan shall take effect from the date of submission of the application and rules at the time of issue of permit shall be applicable. 10.Approval of site and plans and issue of permit where excavations to a depth of more than 1.5 metres is involved - (1) In the case of constructions/land developments which involve any earthwork excavation to a depth of more than 1.5 metres, if the depth of cutting is more than the horizontal distance of such cutting from the plot boundary, the following provisions shall apply: Provided that, such provisions are not necessary in cases where such excavation is carried out for construction of structures such as wells, septic tank, recharge pits, drainage works, compound walls and the like. (2) The application for development and/or building permit shall be submitted by the applicant as per the provisions of these rules, along with a certificate of the Institution, Architect, Building Designer, Engineer, Town Planner, Supervisor as the case may be, who has prepared and signed the plans, drawings, statements etc. as to whether permit as envisaged under rule 10 is required. 27 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
28. 28. (3) The application for permit shall also include sufficient copies of: - (i) dimensioned plan and sectional drawing showing the abutting road level, the levels and depths of cutting at all places in respect of excavations for building construction and land development works; (ii) drawings, specifications and details of temporary and permanent protective measures proposed; (iii) drawings, specifications and details of slabs, beams, columns, retaining walls etc. proposed at the ground floor level and below; and (iv) details of piles if any, including their drawings, specifications, erection methods and the like. (4) The Secretary shall issue permit as laid down in these rules: Provided that, if any changes or deviations are to be made, it shall satisfy the provisions of these rules and the same shall be intimated to the Secretary with revised drawings, specifications and details as the case may be. (5) Any written complaint received after the date of issue of the permit from owners or occupants in the adjoining properties on the actual or possible damages to their life and property shall be acted upon by the Secretary as per the provisions in this rule: Provided that the work will not be stopped except under exceptional circumstances such as violation of approved plans and risk of danger to life and property. (6) Once the earthworks and/or constructions upto the ground level are completed as per the approved plans, the applicant may in writing intimate the same to the Secretary and request for concurrence for carrying out rest of the works. (7) The Secretary shall, if convinced that the works are carried out satisfactorily as per the permit(s) and provisions of this rule and no written complaint is received as in subrule (5), issue concurrence as in Appendix C for carrying out the remaining works above the ground level as per approved plans within 7 days after intimating the completion of works upto ground level: Provided that, if no objection is raised by the Secretary within the said period to the construction carried out, the applicant may continue with the work above ground level as if concurrence has been given. (8) If any complaint is received as in sub rule (5), the Secretary shall: (i) refer the matter within 5 days to the Technical Expert Committee constituted as per subrule (12) and convene a meeting of the Committee; (ii) intimate the nature of complaints to the applicant and call for details and explanation if so desired by the Committee; 28 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
29. 29. (iii) arrange for site inspections, hearing of the applicants and/or petitioners, verification of records and arrange for tests if so required by the Committee; and (iv) take up further action as per the recommendations of the Committee. (9) The applicant and/or the petitioner shall attend the hearing and shall also produce any details called for within the time specified, if so required by the Committee or the Secretary on its behalf (10) The Committee shall evaluate the damages and fix the compensation and/or suggest further protective measures, if any, to be taken by the applicant to solve the issues raised by the petitioner. The amount of compensation shall include the actual cost of restoration as decided by the Committee and an additional 30% as solatium: Provided that the process of the Committee shall be completed within a total duration of 3 weeks. (11) Concurrence shall be issued by the Secretary, after ensuring that the protective measures are carried out to the satisfaction of the Committee and the compensation is paid by the applicant as per the decision of the Committee. The actual expenses of the Committee as intimated by the Secretary shall be paid by the applicant. (12) For the purpose of this rule, Government may, constitute Panchayat level Technical Expert Committee(s) comprising of Secretary (convener), an officer not below the rank of an Assistant Engineer of the Engineering wing of Local Self Government Department having jurisdiction over the area and two experts; one each in Structural Engineering and Geotechnical Engineering (to be nominated by Government) to assess the damage, suggest protective measures and fix the compensation. The process of the Committee shall be completed in 3 weeks. 11. Grounds on which approval of site or permission to construct or reconstruct building may be rejected - Any application made under these rules shall be rejected by the Secretary if the application is not in compliance with these rules or any other relevant statutes in force. The Secretary shall specify the grounds for rejection in the order rejecting the application. The grounds on which approval of site for construction or reconstruction of a building or permission to construct or reconstruct a building shall be refused are the following; namely:- (i) that the work or use of the site for the work or any particulars comprised in the site plan, building plan etc., elevations, sectional elevation, or specifications would contravene provisions of any law or order, rule, declaration or bye law made under such law; 29 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
30. 30. (ii) that the application for such permission does not contain the particulars or is not prepared in the manner required by these rules or bye law made under the Act; (iii) that any of the documents required to be signed by a registered Institution, Architect, Building Designer, Engineer, Town Planner or Supervisor and/or the owner /applicant as required under the Act or these rules or bye laws made under the Act has not been signed by such Institution, Architect, Building Designer, Engineer, Town Planner or Supervisor and/or the owner/applicant; (iv) that any information or document or certificate required by the Secretary under these rules or bye laws made under the Act has not been duly furnished; (v) that the owner of the land has not laid down and made street or streets or road or roads giving access to the site or sites connecting with an existing public or private street while utilizing, selling or leasing out or otherwise disposing of the land or any portion or portions of the same site for construction of building: Provided that if the site abuts on any existing public or private street no such street or road shall be laid down or made; (vi) that the proposed building would be an encroachment upon a land belonging to the Government or the Panchayat; and (vii) that the land is under acquisition proceedings. 12. Period within which approval or disapproval shall be intimated - The Secretary shall, within thirty days from the date of receipt of the application for approval of site plan, or any information or further information required under these rules or bye laws under the Act, by written order either approve or refuse to approve the site plan on any of the grounds mentioned in rule 11 and intimate the same to the applicant. 13. Period within which Secretary is to grant or refuse permission to execute work- The Secretary shall within thirty days from the date of receipt of an application for permission to execute any work or any information or document or further information or further document required under these rules or bye laws made under the Act, by written order either grant or refuse to grant such permission on any of the grounds mentioned in rule 11 and intimate the same to the applicant: Provided that the said thirty days shall not begin to run until the site has been approved under rule 12. 14. Reference to Village Panchayat where the Secretary delays to grant or refuse or approve permit - (1) The Village Panchayat shall, if the Secretary, neither approves nor disapproves a building site, neither gives nor refuses permission to execute any work within thirty days from the date of receipt of the application, on the written 30 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
31. 31. request of the applicant, be bound to determine whether such approval or permission should be given or not. (2) Where the Village Panchayat does not, within thirty days from the date of receipt of such written request, determine whether such approval or permission should be given or not, such approval or permission shall be deemed to have been given, and the applicant may proceed to execute work, but not so as to contravene any provision of the Act or these rules or bye-laws made there under: Provided that such execution of work shall be considered as duly permitted and not one for regularization and permit shall be issued as per rules even if the work has been commenced, being carried on or completed if it otherwise complies with rule provisions. (3) On the expiry of sixty clear days from the date of valid applications the applicant shall submit a letter stating that he is commencing the work of the building/structure/telecommunication/mobile tower applied for as provided in the original applications as per Rules, specifying the date of commencement. All Secretaries of Local Self Government Institutions shall acknowledge the receipt of the letter stated in the above paragraph with stamp and date on the same day on the duplicate copy of the letter. This shall be a deemed permission along with the acknowledgment of original application submitted. 15. Extension and renewal of period of permits - (1) A development permit or a building permit issued under these rules shall be valid for five years from the date of issue. (2) The Secretary shall, on application submitted within the valid period of the permit, grant extension once, for further period of five years: Provided that, in case the permit needs to be extended beyond the period of tenyears, the applicant shall submit an application in writing to the Committee constituted under Chapter IXof these Rules and the committee may, after having satisfied with the genuineness of the application, recommend for extension of period of the permit once, with or without condition(s) as it deems fit. (3) The fee for extension of period of permits shall be ten percent of the building permit fee excluding the fee for additional Floor Space Index, in force at the time of granting extension: Provided that, in case the period of permit is extended beyond a period of ten years from the date of issue of original permit, the fee for extension of period of permit shall be twice that of the permit fee excluding the fee for additional Floor Space Index, in force at the time of granting extension. (4) The Secretary may, if he deems fit, grant renewal for a period of five years on application submitted after the expiry of the permit, subject to the condition that the total period of validity of permit from the date of issue of original permit shall not exceed ten years: 31 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
32. 32. Provided that, in case the permit needs to be renewed beyond the period of ten years, the applicant shall submit an application in writing to the Committee constituted under Chapter IX of these Rules, within three years from the date of expiry of the permit, and the Committee may, after having satisfied with the genuineness of the application, recommend for renewal of the permit once, with or without condition(s) as it deems fit. (5) The fee for renewal of period of permit shall be fifty percent of the development permit fee, in force at the time of renewal: Provided that, in case the period of permit is renewed beyond a period of ten years from the date of issue of original permit, the fee for renewal of period of permit shall be twice that of the permit fee, in force at the time of granting renewal. (6) The application for extension or renewal of a development permit or a building permit shall be submitted in white paper, either typed or written in ink, specifying the name and address of the applicant, the number and date of issue of the permit, the stage of development or construction, if already commenced, together with application fee as provided in Schedule I. (7) The application shall be affixed with necessary court fee stamp and shall contain the original of the permit and approved plan sought to be extended or renewed. (8) The development work or construction work shall be commenced and completed within the valid period of the permit. Note: - Non-commencement of any work within the period specified, if any, in a permit issued before the commencement of these rules shall not be considered as a ban for extension or renewal of permit. (9) A development permit or a building permit issued under the Kerala Panchayat Building Rules, 2011 including that under the orders of Government granting exemption from rule provisions, shall be extended or renewed, on proper application, on like terms and for like periods as a permit issued under these rules. (10)In case the period of validity stipulated in permit issued before the commencement of these rules is different from that stipulated in subrule (1), then the extension or renewal of the permit shall be granted in such a way that the total valid period of the permit shall not exceed ten years. (11)The application for extension or renewal of a development permit or a building permit shall be signed and submitted by the owner of the permit or his legal heir to whom the site devolves or legally authorized representative: Provided that if the plot or a part of the plot concerned has been transferred, the application for extension or renewal of permit shall not be accepted and acted upon until provisions of rule 19 has been fully complied with. 32 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
33. 33. 16. Suspension and Revocation of permit- The Secretary shall suspend or revoke any permit issued under these rules if it is satisfied that the applicant has violated any provisions of the Act or rules or any conditions stipulated in the permit or that the construction is carried out in deviation of the approved plan or Town Planning scheme or that the permit was happened to be issued on misrepresentation of fact or law or that the construction, if carried on, will be a threat to life or property: Provided that before revoking permit, the owner of the permit shall be given an opportunity to be heard and the same shall be duly considered by the Secretary. Provided further that if the permit issued under these rules is revoked before the commencement of the building construction, then the additional fee for FAR remitted by the applicant ,if any, shall be refunded to the applicant on request and the permit issued shall be canceled henceforth . 17. Duties and responsibilities of the owner or developer - (1)The granting of permit or the approval of the drawings and specifications or inspections made by the Secretary during the erection of the building or structure or digging of well shall not in any way relieve the owner of such building of the responsibility for carrying out the work in accordance with the requirement of these rules. (2) Every owner/developer shall obtain relevant NOC/clearances required for the construction of building/ development of plot as per the applicable Acts, rules, law and amendments in force. (3) Every owner or developer shall be responsible for the correctness of the measurements of plot shown in the drawings submitted and it shall not include any encroachment of other land. (4) Every owner or developer shall submit details of the Court cases (Courts, Tribunal, Ombudsman etc.) if any pertaining to or of reference to the plot or constructions therein. (5) Every owner or developer shall, - (a) permit the Secretary or any person authorized by the Secretary or by the Government for this purpose to enter the plot or building or premises at any time between 7 a.m. and 6 p.m. normally or at any other time as may be deemed necessary for the purpose of enforcing the rules (b) submit a proof of ownership of the plot; (c) obtain from the Secretary, sanction for any other allied matter connected with the development or redevelopment of land or construction or reconstruction or addition or alteration of building or change of occupancy of any building or part thereof. (d) give notice to the Secretary of the intention to start work in form Appendix D; 33 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
34. 34. (e) give written notice to the Secretary regarding completion /partial completion of work(s) in the form in Appendix E1 or Appendix E2, as the case may be; and (f) obtain a development certificate from the Secretary prior to any sale or transaction of the plots subdivided as per these rules or building construction in such subdivided plots, as given in Appendix F1 or obtain an occupancy certificate from the Secretary prior to any occupancy of the building or part thereof, after construction or reconstruction or addition or alteration of the building or part thereof, or change of occupancy of any building or part thereof as given in Appendix F2. (6) Every owner or developer shall, as soon as any development or redevelopment of land or construction or reconstruction or addition or alteration of building is completed, remove all rubbish, refuse or debris of any description from the plot or plots on which such operation have been carried out or from any adjoining land which may have been used for depositing of materials and debris. (7) Every owner or developer shall keep in safe custody the permit, approved plans and drawings and specifications and results of tests, if any on any material used for construction and shall keep a copy each of the same at the work site and produce before the Secretary or any officer authorized for inspection on demand. (8) Every owner or developer shall display the permit number in the site in a visible place in a visible manner. (9) Every owner or developer shall take adequate safety precautions at all stages of construction or reconstruction or addition or alteration or repair or demolition or removal of the various parts of the building for safeguarding the life of workers and public against hazards consequent on any aspects of the work. (10)Every owner or developer shall ensure that all protective works carried out to safeguard the adjoining properties, during construction are sufficient and in good order to ensure safety. (11)In the case of driven piles vibration is set up which may cause damage to adjoining structures or service lines depending on the nature of soil condition and the construction standard of such structures and service lines. Possible extent of all such damages shall be ascertained in advance, and operation and mode of driving shall be planned with appropriate measures to ensure safety. If, in the vicinity of a site where bored or driven piling works are to be carried out, there are old structures which are likely to be damaged, tell-tales shall be fixed on such structures to watch their behavior and timely precautions shall be taken against any undesirable effect. (12)If the owner engages any developer(s) at any time for the construction, reconstruction, repairs, additions or alterations of buildings or development or redevelopment of land, the same shall be intimated to the Secretary within a week 34 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
35. 35. from the date of agreement ( executed between the owner and the developer) along with a copy of such agreement by which the owner authorizes the developer to undertake construction, reconstruction, repairs, additions or alterations of building(s) or development or redevelopment of land in that plot, on behalf of the owner.The clause describing the financial terms between the owner and developer need not be disclosed. (13)Every owner and developer shall include the following details as part of all advertisements through website pertaining to the building and/or land development: (a) name and address of the owner and developer; (b) number and date of layout approval and/or approval of usage of plot and layout of building wherever applicable; (c) number and date of the development permit and/or building permit; (d) name of the Local Self Government Institution issuing the permits; (e) date till which the building permit is valid; (f) number of floors permitted; (g) conditions if any stipulated in the permits; (h) following details shall be furnished as against the respective provisions of the rules; (i) coverage and F.S.I. of the construction; (ii)area of recreational space inside and outside the building in the case of apartments / flats under Group A1 occupancy; (iii) number of parking spaces and loading and unloading spaces and area earmarked for such spaces; (iv) minimum width of access to the site and building; (i) any other occupancy other than Group A1 – Residential in the case of apartments/flats, with details of floor area of such occupancy; (14) In the case of advertisements pertaining to building construction or land developments through visual – print media and hoardings, the owner or developer shall include the details mentioned in item (a) to (f) in sub-rule (13) and the address of the website carrying the details under sub-rule (13). (15) The Secretary may also publish the details of the permits issued in the website of the Panchayat as required under Section 271B (3) of the Kerala Panchayat Raj Act, 1994, (13 of 1994). 35 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
36. 36. (16) If any such advertisements are made in contravention to sub-rules (13), (14) and (15) of this rule, the Secretary or the Government may interfere in the matter. (17) Every owner or developer shall be responsible for the loss or injury caused to any person or property due to the lapse on his part to provide safety precautions or protective measures or safeguards. (18) Sustainable Waste Management: - Every owner shall adhere to the measures to support Sustainable Waste Management adopted by the Panchayat like waste collection from house to house, segregation at household level, providing separate wet and dry bins at the ground level, decentralized waste recycling / treatment / reuse etc. (19) The owner of ECBC compliant building shall have full obligation and responsibility of carrying out the work on the commissioning of the said building in accordance with the requirements of Kerala State Energy Conservation Building Code (KSECBC). . Every owner shall select the Certified Energy Auditor (Building) registered with the Bureau of Energy Efficiency (BEE) for the building compliance check to be submitted to the State Designated Agency /Local Self Government Institution concerned, in whose jurisdiction the Kerala State Energy Conservation Building Code (KSECBC) compliant building is proposed to be erected, to help him to develop the building design, installation of materials and equipments to meet with the requirements of Kerala Energy Conservation (Building Code)Rules 2017. The owner also shall;- (a) engage Empanelled Energy Auditors (Building) in development of building design, installation of energy conservation measures and equipment to meet with the requirements of Kerala Energy Conservation (Building Code)Rules 2017 and ensure following, namely: - (i) finalize the compliance approach relevant for his building project based on the complexity of the building, budget and time constraints; (ii) finalize the energy conservation measures as per the Kerala State Energy Conservation Building Code as amended from time to time having regard to the location of the proposed building; (iii) to integrate the energy conservation measures in the building design in accordance with the provisions of Kerala Energy Conservation (Building Code)Rules 2017; (iv) that drawings, specifications and compliance forms are prepared and energy conservation measures are reflected in the building design documents and submitted to the authority having jurisdiction in compliance with the requirements of the rules accompanied by a certificate specifying the energy performance index ratio of the building by the Empanelled Energy Auditors (Building) that the documents are as per the requirement of Kerala Energy Conservation (Building Code)Rules 2017; 36 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
37. 37. (v) notice is given within the validity of sanction to the authority having jurisdiction of his intention to start the construction work at the building site; (vi) commence the work within the period specified by the authority having jurisdiction from the date of such notice or seek extension of time for starting the construction work, wherever necessary; (vii)ensure that the designed energy conservation measures are deployed in the construction of the building and installation of its components and systems. (b) permit the Empanelled Energy Auditors (Building) to enter the building or premises at any reasonable time for the purpose of inspection to ensure compliance of building works with rules and regulations under the Act; (c) give written notice to the authority having jurisdiction intimating the completion of the construction work along with a certificate from the Empanelled Energy Auditors (Building) to the effect that- (i) the construction of the building has been done in accordance with the sanction of the building permit; (ii) all the energy conservation measures have been installed and inspected, and they meet the requirements of the Code and Kerala Energy Conservation (Building Code)Rules 2017; (iii) the building design meet with the provisions of the Code and Kerala Energy Conservation (Building Code)Rules 2017; (d) give written notice to the authority having jurisdiction as well as to the State designated agency in case of termination of the services of Empanelled Energy Auditors (Building) and appointment of other Empanelled Energy Auditors (Building) in its place; (e) obtain an occupancy permit from the authority having jurisdiction prior to any occupancy of the building or part thereof after completion of the building; (f) report the practical difficulties to the Empanelled Energy Auditors (Building), if any, in carrying out the provisions of Kerala Energy Conservation (Building Code)Rules 2017, who shall take necessary action in consultation with State designated agency and State Energy Conservation Building Code Implementation Committee; (g) on the receipt of the notice, if any, from the authority having jurisdiction, he shall discontinue such usage within reasonable time as specified in such notice and in no case he shall disregard the provisions of Kerala Energy Conservation (Building Code)Rules 2017; (h) where he proposes to alter the installation of any system or material or equipment on account of improving the energy efficiency of the building contrary to the system, material or equipment as indicated in the sanction plan he shall use or install such system or material or equipment after obtaining the necessary approval of the Empanelled Energy Auditors (Building): 37 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
38. 38. Provided that it does not violate the spirit and intent of the provisions of Kerala Energy Conservation (Building Code)Rules 2017; Provided further that such change shall not compromise with the building requirements namely, structural stability, safety, health or environmental provisions of Central laws and State laws applicable to the buildings covered under Kerala Energy Conservation (Building Code) Rules 2017. 18.Responsibilities and functions of registered Architects, etc - (1) Plans and drawings shall be prepared strictly in conformity with the provisions contained in the Act and the Rules, any direction issued by Government or Panchayat, all applicable statutes and a certificate to that effect shall be recorded and signed in the plans and drawings. (2) Every owner/developer shall obtain relevant NOC/clearances required for the construction of building/ development of plot as per the applicable Acts, rules, law and amendments in force. (3) A certificate of verification of site shall be recorded and signed in the site plan. (4) Plans and drawings shall only be prepared after inspecting the site and convinced of the boundaries. (5) Every building has to be designed incorporating all safety precautions and protective measures and shall be responsible for the loss or injury caused to any person or property due to the lapse on his part. (6) The person issuing the certificate or affixing signature on the plan, drawing or specification shall be responsible for the correctness or truthfulness of the recording in the certificate or plan, drawings or specifications. (7) The person issuing completion certificate shall ensure that building construction/ land development is carried out in accordance with the approved plan. (8) Function shall be restricted to the category on which registration is obtained. (9) Any person violating the rules under this chapter shall be liable to action under sub-rules (10), (11) and (15). (10) The Registering Authority may, on complaint by any person or on report from any Panchayat or suomotu take action against any person registered, for violating any of the provisions under these rules. The Secretary shall sent a monthly report of all violations along with details to the registering authority. (11) The Registering Authority may, if convinced on enquiry that the person against whom action has been taken under sub-rule (9) has violated any rule, provision or issued false certificate or recorded false information, suspend the registration for a period not exceeding one year or cancel the registration or disqualify him for future registration and the matter may be published in the website of the Government/Department: 38 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
39. 39. Provided that before finalising the decision, the person concerned shall be given sufficient opportunity to explain and the explanation, if any, submitted shall be duly considered by the Registering Authority. (12) Any person aggrieved by the decision of the Registering Authority under sub-rule (10) may appeal to Government within 30 days from the date of receipt of the decision. (13) The appeal shall be submitted in white paper stating the reasons thereof, typed or written in ink, affixed with necessary court fee stamp, along with copy of the order of Registering Authority. (14) Government shall dispose of the appeal within 60 days, after hearing the appellant in person or by authorised representative. (15) The registered Institution/ Architect / Engineer/ Town Planner etc. including the Developer if any, to whom License has been accorded by the registering authority concerned, are wholly and severally responsible for ensuring that the building is constructed as per the approved Building Plan. If any breach or laxity is found against them in this regard, action shall be taken against the licensed technical personnel concerned for black-listing and this would entail not only debarring them from practice in the entire State for 5 years, but also cancellation of their license besides being prosecuted under the relevant laws / code of conduct by the registering authority. (16) In case of any firm applying for permit will be equally responsible as that of registered Institution/ Architect / Engineer/ Town Planner etc. 19. Transfer of plots to be intimated - (1) Every person holding development permit or building permit shall, unless the work has been executed in full and development or occupancy certificate obtained, inform the Secretary, every transfer of the whole or part of any property involved in the permit together with the name and address of the transferee and his intention to transfer or otherwise of the permit. (2) Every person, in whose favour any property is transferred along with a development or building permit by the transferor, shall before commencing or continuing the work obtain permit of the Secretary in writing. (3) The request for permission to commence or continue work shall be submitted in white paper along with documents, together with document regarding the ownership and possession certificate and fee of Rs100. (4) The Secretary shall, if convinced that the transfer will not in any way badly affect the development or construction, issue permission in writing, transferring the permit and allowing the commencement or continuation of work, within 15 days from the date of receipt of the request. (5) Permit issued becomes invalid if part of the plot included in the approved plan is transferred / sold to any other person. 39 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

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