Section 5 in Bangalore Mahanagara Palike Building Bye-laws 2003
5. PROCEDURE AFTER GRANT OF LICENCE
5.1Responsibility of owner – The granting of licence, approval of the plan and specifications, or inspections made by the Authority shall not in any way relieve the owner of a building from full responsibility for carrying out the work in accordance with the requirements of the sanctioned building plan along with such conditions as have been imposed while sanctioning the licence.5.2Commencement of work – (i) The construction or reconstruction of a building shall be commenced within a period of two years from the date of issue of licence. Before the expiry of two years, the owner shall give intimation to the Authority of the intention to start work in the form prescribed in Schedule VI. Further, the owner shall give intimation to the Authority on completion of the foundation or footings of walls/columns on the foundation.(ii)After the expiry of two years from the date of licence, construction or reconstruction of a building shall not be commenced without obtaining a fresh licence from the Authority.5.3Inspection –(i)Generally all construction and work for which a licence is required shall be subject to inspection by the Authority and certain types of construction involving unusual hazards or requiring constant inspection, shall have continuous inspections by the Authority.(ii)Within 15 days from the date of the receipt of intimation under bye-law 5.2, the Authority shall inspect the site to verify the line out marked for the building according to the sanctioned plan. The owner shall commence the work after the grant of commencement certificate in the form prescribed in Schedule VII.(iii)If the commencement certificate is not issued within a period of 15 days from the date of intimation by the owner, the construction may proceed according to the sanctioned plan.5.4Documents at sites - Where tests of any materials are required to be in conformity with the requirements of these bye-laws, or conditions of licence, records of the test data shall at all times be kept for inspection during the construction of the building and for such period thereafter as may be required by the Authority.5.5Display of sanctioned plan and licence at construction site(i)The owner/builder/contractor shall during the construction, display the following documents in a conspicuous place of the licensed premises;(a)A copy of the building licence; and(b)A copy of the approved plans of the property in respect of which the licence was issued and the specifications of the building to be constructed.(ii)The building licence and the copies of sanctioned plans with specifications shall be mounted on a frame and displayed and they shall be made available during inspections.5.6Occupancy certificate5.6.1(a)Every person shall before the expiry of five years from the date of issue of licence shall complete the construction or reconstruction of a building for which the licence was obtained and within one month after the completion of the erection of a building shall send intimation to the Commissioner in writing of such completion accompanied by a certificate in Schedule VIII certified by a Registered Architect / Engineer / Supervisor and shall apply for permission to occupy the building. The Authority shall decide after due physical inspection of the building (including whether the owner had obtained commencement certificate as per section 300 of the Karnataka Municipal Corporations Act, 1976 and compliance regarding production of all required documents including clearance from the Fire Service Department in the case of high rise buildings at the time of submitting application) and intimate the applicant within thirty days of receipt of the intimation whether the application for occupancy certificate is accepted or rejected. In case, the application is accepted, the occupancy certificate shall be issued in the form given in Schedule IX provided the building is in accordance with the sanctioned plan.(b)Physical inspection means the Authority shall find out whether the building has been constructed in all respects as per the sanctioned plan and requirement of building bye-laws, and includes inspections by the Fire Service Department wherever necessary.(c)If the construction or reconstruction of a building is not completed within five years from the date of issue of licence for such a construction, the owner shall intimate the Authority, the stage of work at the expiry of five years. The work shall not be continued after the expiry of five years without obtaining prior permission from the Authority. Such continuation shall be permitted, if the construction or reconstruction is carried out according to the licenced plan and if the Authority is satisfied that at least 75 percent of the permitted floor area of the building is completed before the expiry of five years. If not, the work shall be continued according to a fresh licence to be obtained from the Authority.5.6.2For all high rise buildings, the work shall also be subject to inspection by the officers of the Karnataka State Fire Service Department and the occupancy certificate shall be issued only after obtaining a clearance certificate from the Director of Fire Services.5.7Occupancy or letting of the new buildings - No person shall occupy or allow any other person to occupy any new building or part of a new building for any purpose whatsoever until occupancy certificate to such buildings or part thereof has been granted by an officer authorised to give such certificate if in his opinion in every respect the building is completed according to the sanctioned plans and fit for the use for which it is erected.The Authority may in exceptional cases (after recording reasons) allow partial occupancy for different floors of a building .
