Section 8 in U.P. Housing and Development Board Regulations, 1982
8. Grant or refusal of Building Permit
-8.1Application for erection, re-erection or making material alterations of buildings shall be submitted to the Authority. The Authority shall verify the facts given in the application and annexures from technical, administrative and legal point of view. The title of land shall be verified. The Authority shall ensure that adequate guarantee has been obtained from the owner for carrying out the building activity as per the specifications prescribed. The authority may either sanction or refuse the proposals or may sanction them with such modifications or directions as it may deem necessary and thereupon shall communicate the decision to the owner in the prescribed form given in Appendix-'D'.8.2If within 6 weeks of the receipt of the completed application (as specified in 6.2) in the office of the Authority, the Authority fails to intimate in writing to the person, who has given the notice, of its refusal or sanction, or objections the application with its annexures shall be deem to have been sanctioned, provided the fact is immediately brought to the notice of the Authority in writing by the person who has given notice and who has not received any intimation from the Authority within 3 weeks of giving such written notice. Subject to the conditions mentioned in the clause, nothing shall be constructed to authorise any person to do anything in contravention or against the terms of lease or titles of the land or against any other regulations, by-laws or ordinances operating on the site of work.8.3In the case of refusal, the Authority shall quote the reason and relevant provisions of the regulation which the plans contravene. The Authority shall (as for as possible) advise all the objections to the plans and specifications in the first instance itself and ensure that no new objections are raised when they are resubmitted after compliance or earlier objections.8.4Once the plans have been scrutinised and objections have been pointed out, the owner giving applications shall modify the plans statements to comply with the objections raised and resubmit them. The Authority shall scrutinise the resubmitted plan and if there be further objections, the plan shall be rejected. No fresh fee is required if modified plans have been submitted within 1 year.8.5Board of appeals - In order to determine the suitability of alternative materials or methods of design or construction and to provide for reasonable interpretation of the provisions of the Regulations, a board of appeals consisting of members who are qualified by experience and training to pass judgment on matters pertaining to building construction shall be appointed by the Board.8.5.1. In case of appeals to the Board of Appeals, the same shall be made within 30 days from the date of rejection of Building permit and a fees of 50 per cent of the original Building permit fee shall be paid to the Authority. The Board Appeals shall clear all appeals within 90 days from the date of appeal. If within 90 days, the Authority fails to indicate in writing to the person of its refusal or sanction, the person shall take the appeal as allowed.8.5.2. In cases covered by section 35 (2) of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam appeal shall be filed within the lime prescribed in the Rules made by the Government such appeal will be heard by the Board or the committee to which the Board may deligate the power.
