PROCEDURE FOR OBTAINING BUILDING PERMIT AND COMMENCEMENT CERTIFICATE
Notice - Every person who intends to carry out development and erect, re-erect or make alterations in any place in a building or demolish any building, shall give notice in writing to the Authority of his said intention in the prescribed form and such notice shall be accompanied by the required building permit fee and the plans and statements in sufficient copies, the plans may be ordinary prints on ferro paper or any other type (print only ), one set of such plans shall be retained in the office of the Authority for record after the issue of permit or a refusal.

Copies of Plans and Statements: Normally four copies of plans and statement shall be made available along with the notice.  In case of building schemes, where the clearance is required from other agencies like Nagpur Fire Service and other, number of copies of plans required shall be an decided by the Authority.

Information Accompanying Notice - The Notice shall be accompanied by the key (location plan), site plan, sub-division layout plan, building plan, services plans, specification and Certificate of supervision and ownership title.

       Size of Drawing Sheets and Colouring of plans
The size of drawing sheets shall be any of those specified in Table 1.

TABLE 1
DRAWING SHEET SIZES

Sr. No. Designation Trimmed Size, mm
1. A0 841 * 1189
2. A1 594 * 841
3. A2 420 * 594
4. A3 297 * 420
5. A4 210 * 297
6. A5 148 * 210
Colouring Notations for Plans - The Plans shall be coloured as specified in Table 2, further, prints of plans shall be on one side of paper only.
Dimensions - All dimensions shall be indicated in metric units.

TABLE 2
COLOURING OF PLANS

Sr. Item Site Plan Building Plan
White Plan Blue Print Ammonia Print White Plan Blue Print Ammonia Print
1. Plot lines Thick Black Thick Black Thick Black Thick Black Thick Black Thick Black
2. Existing Street Green Green Green .. .. ..
3. Future Street if any Green dotted Green dotted Green dotted .. .. ..
4. Permissible Building Thick dotted black Thick dotted black Thick dotted black .. .. ..
5. Open Spaces No colour .. .. .. .. ..
6. Existing work Black (outline) White Blue Black White Blue
7. Work Proposed to be demolished Yellow hatched Yellow hatched Yellow hatched Yellow hatched Yellow hatched Yellow Hatched
8. Proposed Work Red filled in Red Red Red Red Red
9. Drainage and sewerage work Red dotted Red dotted Red dotted Red dotted Red dotted Red dotted
10. Water supply work Black dotted thin Black dotted thin Black dotted thin Black dotted thin Black dotted thin Black dotted thin
11. Deviations Red hatched Red hatched Red hatched Red hatched Red hatched Red hatched
12. Recreation Ground Green Wash Green Wash Green Wash Green Wash Green Wash Green Wash

Note: For Land development / Subdivision / layout, Suitable colouring notations shall be used which shall be indexed.

Ownership title and area - Every application for development permission and commencement certificate shall be accompanied by the following document for verifying the ownership and area etc. of the land

  1. attested copy of original sale/lease deed/power of attorney/enabling ownership document wherever applicable.
  2. 7-12 extracts of property register card of a date not earlier than twelve months of the date of submission of the development proposal.
  3. Statement of area, of the holding by triangulation method from the qualified licensed technical personnel or architect with an affidavit from the owner in regard to the area in the form prescribed by the Commissioner/ Chairman.
  4. Any other document prescribed by the Commissioner/Chairman.

In the case of land leased by the Government or local authorities, clearance of Government or such authorities regarding observance of the lease conditions shall be obtained and attached to the application for development permission in respect of such land.

Key Plan or Location Plan - A key plan drawn to a scale of not less than 1:10,000shall be submitted along with the application for a building permit and Commencement Certificate showing the boundary locations of the site with respect to neighborhood land marks.

Site Plan - The site plan sent with an application for permission drawn to a scale of 1:500 shall be duly authenticated by the appropriate Officer of the Department of Land Records showing in addition the following details :

  1. The boundaries of the site and of any contiguous land belonging to the owner of the site;
  2. the position of the site in relation to neighboring streets;
  3. The name of the streets on Which the building is proposed to be situated, if any;
  4. All existing buildings contained in the site with their names (where the buildings are given names) and their numbers;
  5. The position of the building and of other buildings, if any, which the applicant intends to erect upon his contiguous land referred to in (a) above in relation to,-
    1. The boundaries of the site and, in a case where the site has been partitioned, the boundaries of the portions owned by others;
    2. All adjacent streets, buildings (with number of storeys and height) and premises within a distance of 12 m. of the work site and of the contiguous land (if any) referred to in (a) and
    3. If there is no street within a distance of 12m. bf the site, the nearest existing street with its name;
  6. The means of access from the street to the building and to all others buildings (if any) which the applicant intends to erect upon his contiguous land referred to in (a) ; above.
  7. The space to be left around the building to secure free circulations of air, admission of light and access for scavenging purposes;
  8. The width of the street (if any) in front and of the street (if any) at the side of near the building;
  9. The direction of the north line relative to the plan of the building;
  10. Any existing physical features, such as wells, tanks, drains or trees;
  11. The ground area of the whole property and the break-up of the covered area on each floor with the calculations for percentage covered in each floor in terms of the total area of the plot as required by the Regulations governing the coverage of the area;
  12. Overhead electric supply lines including space for electrical transforming substation according to the requirements of the electric distribution licences, water supply and drainage line;
  13. Such other particulars as may be prescribed by the Commissioner/Chairman.

Sub-Division/Layout plan - In the case of development work, the notice shall be accompanied by the sub-division/layout plan which shall be drawn on a scale of not less than 1:500, however, for layout having areas 4.0 ha. and above the plan shall be drawn at a scale of not less than 1:1000, containing the following:

  1. Scale used and North point;
  2. The location of all proposed and existing roads with their existing/proposed/prescribed widths within the land;
  3. Dimensions of plot along with building lines showing the set backs with dimensions within each plot; 
  4. The location of drains of sewers, public facilities and services and electrical lines etc; 
  5. Table indicating size, area, and use of all the plot in the sub-division layout plan;
  6. The statement indicating the total area of the site, area utilized under roads, open spaces for parks, playground, recreation spaces and development plan reservation, schools, shopping and other public places along with their percentage with reference to the total area of the site proposed to be sub-divided;
  7. In case of plots which are sub-divided in built-up areas in addition to the above, the means of access to the sub-division from existing streets.

Building Plan - The plans of the buildings with elevations and sections accompanying the notice shall be drawn to a scale of 1: 100. and shall :

  1. (a) include floor plans of all floors together with the covered area clearly indicating the sizes of rooms and the position and width of stair cases, ramps and other exit ways, lift-wells, lift machine room and lift pit details. It shall also include ground floor plan as well as basement plans and shall indicate the details of parking space, loading and unloading spaces provided around and within building as also the access ways and the appurtenant open spaces with projections in dotted lines, distance from any building existing on the plot in figured dimensions along with accessory building.
  2. (b) show the use or occupancy of all parts of the buildings;
  3. (c) show exact location of essential services, for example, WC, sink, bath and the like;
  4. (d) include sectional drawings of the building showing all sectional details.
  5. (e) show all street elevations;
  6. (f) give dimensions of the projected portions beyond the permissible building line;
  7. (g) include terrace plan indicating, the drainage and the slops of the roof;
  8. (h) give indications of the north point relative to the plans; and
  9. (i) give dimensions and details of doors, windows and ventilators.'
  10. (j) such other particulars as may be prescribed by the Authority.

Building Plans for Multi storeyed/Special Buildings - For multi storeyed buildings which are more than 15m. height and for special buildings like educational, assembly, mercantile, institutional, industrial, storage and hazardous and mixed occupancies with any of the aforesaid occupancies having area more than 150 sq. m., the following additional information shall be furnished/ indicated in the Building Plans in addition to the items (a) to (j) of above regulation

  1. (a) access to fire appliances/vehicles with details of vehicular turning circle and clear motorable accessway around the building;
  2. (b) size (width) of main and alternate staircases along with balcony approach, corridor ventilated lobby approach;
  3. (c) location and details of lift enclosures;
  4. (d) location and size of fire lift
  5. (e) smoke stop lobby/door, where provided;
  6. (f) refuse chutes, refuse chamber, service duct, etc.
  7. (g) vehicular parking spaces;
  8. (h) refuse area, if any
  9. (j) Details of Building Services - Air conditioning system with position of fire dampers, mechanical ventilation system electrical services, boilers, gas pipes etc.,
  10. (k) details of exists including provision of ramps, etc. for hospitals and buildings requiring special fire protection measures,
  11. (m) location of generator, transformer, and switch gear room;
  12. (n) smoke exhausted system, if any;
  13. (p) details of fire alarm system net work;
  14. (q) location of centralized control, connecting all fire alarm system, built in fire protection arrangements and public address system etc. -
  15. (r) location and dimensions of static water storage tank and pump room along with fire service inlets for mobile pump and water storage tank;
  16. (s) location and details of fixed fire protection installations such as sprinklers, wet risers, house reels, drenchers, C02 installation etc.; and
  17. (t) location and details of first aid, fire fighting equipments/installations.

Service Plan.-Plans, elevations and sections of private water supply, sewage disposal system and details of building services, where required by the Authority, shall be made available on a scale not less than 1:100 and for layouts 1: 1000.

Specifications - General specification of the proposed constructions, giving type and grade of materials to be used in the form given in Appendex A, duly signed by licensed Architect as the case may be shall accompany the notice.

Supervision - The notice shall be further accompanied by a certificate of supervision in the prescribed form given in Appendix B, by the licensed Architect/Engineer/Structural Engineer as the case may be. ln the event of the said licensed technical personnel ceasing to be employed for the development work, the further development work shall stand suspended till a new licensed technical person is appointed and his certificate of supervision along with a certificate for the Previous work (either from the previous technical personnel or news).

Building Permit Fee - The notice shall be accompanied by an attested copy of Receipt of payment of Building Permit Application Fee. The building permit fee and layout/subdivision of land fees shall be as decided by the corporation/NIT from time to time uniformaly.

Security Deposit Fee - For ensuring the faithful compliance of Regulations and the directions given in the sanctioned plan and other terns and conditions, a security fee shall be charged at rates as specified by the Authority. The same shall be returned to the owner after the issue of the full occupancy certificate for the building by the Authority.

No Objection Certificate - In the case of certain occupancies requiring clearance from the authorities like Civil Aviation Authorities, Railways, Directorate of Industries, Maharashtra Prevention of Pollution Board, District Magistrate, Inspectorate of Boiloers and Smoke Nuisance etc., the relevant no objection certificates from these authorities, applicable to the occupancy, shall also accompany the application.

Clearance certificate for Tax Arrears - The notice shall also be accompanied by the attested copy of a clearance certificate from the Assessment Department of the corporation for payment of Tax upto date.

Signing the Plan - All the plans shall be duly signed by the owner and the Licensed Architect and shall indicate his name, address and licence number allotted by the Authority.

Qualification and Competence of the Registered Architect/Licenced Engineer - "Architect/Engineer shall be registered/ licenced by the authority as competent to give various works as given in Appendex "c". The qualification and procedure for registration and licencing of the Architect/Engineer shall be as given in Appendix -"C".

Delegation of and discretionary Powers.-

Delegations of Powers - Any of the powers duties or functions conferred or imposed upon or vested in the Chairman/Commissioner by any of these regulation may be exercised performed or discharged under the Authority Control and subject to his revision and to such conditions and limitations, if any as he shall think fit to prescribe, by any officer whom the Authority generally or specially empowers in writing in this behalf and in each of the said regulations the word Chairman/Commissioner shall to the extent to which any officer is so empowered, be deemed to include such officer.

Discretionary Powers.

In conformity with the intent and spirit of these regulations the Commissioner/Chairman may :-

  1. decide on matters where it is alleged that there is an error in any order, requirement decision, determination or interpretations made by him in the application of these Regulations :
  2. determine and establish the location of zonal boundaries in exceptional cases, or in cases of doubt or controversy;
  3. interpret the provisions of these regulations where the streets layout actually on the ground varies from the street layout as shown on the Development Plan ;
  4. With prior approval of Government modify the limit of a zone where the boundary line of the zone divides a plot; and
  5. authorize the erection of building or use of premises for a public service undertaking for public utility purposes only, where he finds such an authorization to be reasonable necessary for the public convenience and welfare even if it is not permitted in any Land Use Classification.

Temporary Constructions - The Commissioner/Chairman any grant permission for temporary construction for period not exceeding six months at a time & in the aggregate not exceeding for a period of three years, such a permission may be given by him for the construction of the following, namely :-

  1. Structures for protection from the rain or covering of the terraces during the monsoon only.
  2. Pandals for fairs, ceremonies, religious function, etc.;
  3. Structures for godowns/storage of construction materials within the site;
  4. Temporary site offices and watchman chowkies within .the site only during the phase of construction of the main building;
  5. Structures of exhibitions/circuses etc;
  6. Structures for storage of machinery, before installation, for factories in industrial lands within the site.
  7. Structures for ancillary works for quarrying operations in conforming zones;
  8. MAFCO stalls, milk booths and telephone booths;
  9. Transit accommodation for persons to be rehabilitated in a new construction;
  10. Structures for educational and medical facilities within the site of the proposed building during the phase of planning and constructing the said permanent buildings;

Provided that, temporary constructions for structures etc. mentioned at (iii), (iv), (vi), (ix) and (x) may be permitted to be continued temporarily by the Commissioner/Chairman but in any case not beyond completion of construction of the main structure or building and that structure in (vii) may be continued on annual renuabls basis by the Commissioner/Chairman beyond a period of three years.

In specific cases where a clearly demonstrable hardship is caused, the Commissioner/Chairman may by special written permission.

(i) Permit any of the dimensions/provisions prescribed by these regulations to be modified provided the relaxation saught does not violate the health, safety, fire safety, structural safety and public safety of the inhabitants the buildings and the neighbourhood. However, no relaxation from the set back required from the road boundary or F.S.I. or parking requirement shall be granted under any circumstances.

While granting permission under, (i), conditions may be imposed on size, cost or duration of the structure, abrogation of claim of compensation, payment of deposit and its forfeiture for noncompliance and payment of premium.

        GRANT OF PERMIT OR REFUSAL

The Authority may either sanction or refuse the plans and specifications or may sanction them with such modifications or directions as it may deem necessary after having recovered the development charges as per sections 124 (A) and 124 (E3) of M. R. & T. P. Act, 1966 and there upon shall communicate its decision to the person giving the notice in the prescribed form given in Appendix D and E.

The building plans for buildings shall also be subject to the scrutiny of the Chief Fire Officer, Nagpur Fire Brigade and the sanction through building permit shall be given by the Authority after the clearance from the Chief Fire Officer.

lf within sixty (60) days of the receipt of the notice, along with necessary fees/deposit, the Authority fails to intimate in writing to the persons, who has given the notice. Of its refusal or sanction or sanction with such modification or directions, the notice with its plans and statements shall be deemed to have been sanctioned, provided nothing shall be construed to authorize any person to do anything on the site of the work in contravention or against the terms of lease or titles of the land.

Provided further that, the development proposal, for which the permission was applied for, is strictly inconformity with the requirements of all the relevant Development Control Regulations framed under the Act or byelaws or regulations framed in this behalf under any law for the time being in force and the same in no way violates either the provisions of any draft or final plan or proposals published by means of notice, submitted for sanction under the Acts.

Provided further that, any development carried out in pursuance of such deemed permission which is in contravention of the provisions of the above provision, shall be deemed to be an unauthorized development for the purposes of sections 52 to 57 of M.R.  & T. P. Act, 1966 and other relevant Act.


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