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State of Jharkhand - Section

Section 19 in Jharkhand Building Byelaws 2016

19. Certificate for occupancy.

- 19.1 The Authority shall issue a certificate for occupancy for all category of buildings, or for part of a building during its construction, or whole of the building after construction in Performa as Annexed as Annexure VII or refuse occupancy, as the case may be, within 30 days from the date of application.
19.2If the Occupancy Certificate is not issued within time limit mentioned above, the applicant shall submit an application with an affidavit that the construction is strictly as per the approved plans and no dues in development charges or any other form of payment to be made to the Authority are pending and all the conditions for issuing of occupancy permission are complied with.In case of non-disposal of such application within 15 days, it will be deemed to have been granted. In case of any false statement the applicant shall be liable for punishment under the provisions of these Bye Laws and other suitable legal action.
19.3Temporary occupancy-upon the request of the applicant the Authority may issue a temporary occupancy certificate of occupancy for a building or a part thereof before the entire work covered by the building permit has been completed, provided such portion or portions may be occupied safely prior to full completion of building without endangering life or public welfare.
19.4The refusal for granting occupancy certificate shall be a speaking order clearly mentioning the reason for refusal.
19.5Before issuing occupancy certificate, the competent authority shall verify that the building complies with the provisions of life safety as mentioned in National Building Code 2005(Group-1 Part-IV Fire and Life Safety-4) and barrier free accessibility wherever applicable.
19.6The department/line agencies dealing with electric power, water supply, drainage and sewerage shall not give connections to building unless such occupancy certificate is produced. Any violation by the department/Authority/Agencies in this regard shall be treated as an offence under the Jharkhand Municipal Act, 2011 and all relevant Acts. However a temporary connection of water supply and electricity for the purposes of construction can be given after the approval of the Building Plan.
19.7The occupancy/certificate shall also state the use/type of occupancy of the building. However, the applicant may apply for change of use/occupancy permitted within the purview of the Development Plan/Zonal Plan/Zoning Regulations, where so required.
19.8In case of multi-storied building and other special building like educational, assembly, institutional, industrial, storage and hazardous and mixed occupancies periodic inspection shall be made by the authority. along with technically competent authorized personnel once in five years or less to ensure the fire safety provisions of the building are in proper order and the building complies with the provision of fire and life safety requirements (Tire and Life Safety', Part-4 of NBC).ln case the building fails to comply with requirement of fire safety and barrier free accessibility, the building shall be declared unsafe.
19.9All occupied buildings and buildings covered under sub-bye law (4) above shall also be subject to periodic joint physical inspection by a team of multi-disciplinary professionals of the Authority. This work may be out sourced by the Authority as may be deemed necessary. The team shall report compliance of bye-laws, natural lighting, and ventilation, lift besides structural and electrical safety. If any short comings/deficiencies or violations are noticed during inspection, the occupants shall ensure the compliance of the same within a specified time frame of six months. If not complied with, the building shall be declared unsafe. The period of inspection shall be once in five years.
19.10An appeal against the decision of the Authority shall lie with the respective Tribunal under the relevant Act.
19.11Grade A Accredited architect may also issue occupancy certificate after being fully satisfied regarding compliance of all provisions of Building Bye-law and others related. Acts
19.12In case of all the deviations which are within the condonable limits, a temporary conditional certificate of occupancy may be granted by the Authority.