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State of Kerala - Section

Section 13 in Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2018

13. Removal of doubts.

- The Government shall have power, if any doubt arises with regard to the interpretation or otherwise of any provision or if any difficulty arises in the implementation of the provision, to clarify the doubt or to issue necessary direction for removing the difficulty.Appendix I[See rule 6(1)](The Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2018)Compounding FeeCompounding fee for regularization of unauthorized construction carried out on or before 31st day of July 2017 violating the provisions of the Building Rules.
(1)Telecommunication Towers
Sl No. Category of Unauthorised construction Compounding fee in rupees
Grama Panchayat Category I Grama Panchayat Category II
1 2 3 4
a Telecommunication Towers Rs. 1,00,000 per tower and its ancillarystructures Rs. 1,00,000 per tower and its ancillarystructures
(2)Single family residential buildings upto 300 sq.metre floor area
Sl No. Category of Unauthorised construction Compounding fee in rupees Grama PanchayatCategory-I Grama Panchayat Category-II
1 2 3 4
(a) Single family residential buildings upto 60 sq.mfloor area Nil Nil
(b) Single family residential buildings above 60sq.m and up to 300 sq.m floor area Rs. 2000Rs. 15000Rs. 20000 Rs. 2000Rs. 15000Rs. 20000
61-100sq.m101-200sq.m201-300sq.m
(3)Other buildings:
Sl No. Unauthorised construction Compounding fee in rupees
    Grama Panchayat Category -I Grama Panchayat Category -II
1 2 3 4
(i) Other buildings upto 100 sq.m floor area Ten times of the permit fee as prescribed in theBuilding Rules, and 1/50th (one-fiftieth) of the fair value ofland in rupees per sq.metre of the land multiplied by the totalfloor area of the unauthorised construction Ten times of the permit fee as prescribed inthe Building Rules, and 1/50th (one-fiftieth) of the fair valueof land in rupees per sq.metre of the land multiplied by thetotal floor area of the unauthorised construction
(ii) Single family residential buildings above 300sq.m floor area and other buildings above 100 sq.m floor area:    
a Basic compounding fee Ten times of the permit fee as prescribed in theBuilding Rules, and 1/40th (one-fortieth) of the fair value ofland in rupees per sq.metre of the land multiplied by the totalfloor area of the unauthorised construction Ten times of the permit fee as prescribed inthe Building Rules, and 1/40th (one-fortieth) of the fair valueof land in rupees per sq.metre of the land multiplied by thetotal floor area of the unauthorised construction
b Additional compounding fee for deficient carparking in case of violations for off-street parking under rule38 of the building rules:    
(i) Where minimum of 50% the parking specified isavailable: Rs. 2,00,000 per deficient car parking Rs. 2,00,000 per deficient car parking
(ii) Where minimum of 25% the parking specified isavailable: Rs. 3,00,000 per deficient car parking Rs. 3,00,000 per deficient car parking
(iii) Where the available parking is less than 25% ofthe parking specified as per rules Rs. 3,50,000 per deficient car parking Rs. 3,50,000 per deficient car parking
(c) Additional compounding fee for Floor Area inexcess of that corresponding to Floor Area Ratio value in column(4a) of Table 2 of rule 35 of building rules in the case of GroupG2 Group 1(1) and Group1(2) occupancies and column (4b) of Table2 in the case of other occupancies for Category I Grama Panchayatand column (5a) of Table 2 in the case of Group (I) occupancy andcolumn (5b) of the Table 2 in the case of other occupancies forCategory II Grama Panchayat and notes thereunder as applicable    
(i) Where provided Floor Area Ratio does not exceed1.5 times the value prescribed in rules Rs. 3,000 per sq.m of floor area built in excessof that permissible as per building rules. Rs. 3,000 per sq.m of floor area built in excessof that permissible as per building rules.
(ii) Where provided Floor Area Ratio exceeds 1.5times the value prescribed in rules Rs. 4,000 per sq.m of floor area built in excessof that permissible as per building rules. Rs. 4,000 per sq.m of floor area built in excessof that permissible as per building rules.
(d) Additional compounding fee for Covered Area inexcess of that corresponding to the maximum permissible coveragevalue in column (3a) of Table 2 of rule 35 in the case ofCategory I Grama Panchayat and column (3b) of Table 2 of rule 35in the case of category II Grama Panchayat of building rules andNote thereunder as applicable    
(i) Where provided coverage does not exceed 1.5times the value prescribed in rules Rs.1,000 per sq.m of coverage area, built inexcess of that permissible as per building rules. Rs. 1,000 per sq.m of coverage area built inexcess of that permissible as per building rules.
(ii) Where provided coverage exceeds 1.5 times thevalue prescribed in rules Rs.2,000 per sq.m of coverage area, built inexcess of that permissible as per building rules. Rs. 2,000 per sq.m of coverage area, built inexcess of that permissible as per building rules.
(e) Additional compounding fee for total floor areabuilt in excess of that permissible corresponding to the minimumwidth of access prescribed in the building rules.    
(i) Where the access width provided is not less than2/3rd of the value prescribed in rules Rs. 1,500 per sq.m of floor area built in excessof that permissible as per building rules. Rs. 1,500 per sq.m of floor area built in excessof that permissible as per building rules.
(ii) Where the access width provided is less than2/3rd of the value prescribed in rules Rs.3,000 per sq.m of floor area built in excessof that permissible as per building rules. Rs.3,000 per sq.m of floor area built in excessof that permissible as per building rules.
Note. - (1) Fair Value considered for calculation of the basic compounding fee shall be the maximum fair value of the survey numbers within the plot.
(2)In the case of building/building complex which accommodates more than one occupancy, the permit fee shall be that of other occupancy as per item 4(ii) in Schedule II of the Building Rules.
(3)The floor area considered for regularisation will be the total floor area on all floors of the building which has to be regularised.
(4)Additional fee for higher Floor Area Ratio value as prescribed in column (4b) of Table 2 of the building rules for category I Grama Panchayat and column (5b) of Table 2 of the building rules for category II Grama Panchayat shall be levied by the Panchayat for floor area in excess of that corresponding to Floor Area Ratio value in column (4a) but up to that in column (4b) of Table 2 of Building Rules/column (5a) but up to that in column (5b) of Table 2 of Building Rules as the case may be, if not already paid. This is in addition to the compounding fee prescribed above.
(5)The compounding fee for item 3 (ii)- "Single family residential buildings above 300 sq.m floor area and other buildings above 100 sq.m floor area" shall be the sum of sub- items (a), (b), (c), (d) and (e).
(6)The amount collected by way of regularisation shall be accounted separately by Government. Government may allot fifty percent of the collected amount for each unauthorised building for providing facilities for solid and liquid waste management, drainage, common car parking facilities, pedestrain paths and road developments and the remaining fifty percent may be allotted to the respective Grama Panchayat for the above mentioned purpose. In the case of unauthorised construction has been considered for regularisation, Secretary shall intimate to the applicant to remit the fifty percentage of the compounding fee in Government Treasury under the Head of Account of "0515 Other Development Programme-800-Other receipts-92 compounding Fee for regularisation of Unauthorised Construction violating provisions of Building Rules" and fifty percentage of compounding Fee in the counter of the front office of the concerned Local body.
(7)In case if any part of a structure is constructed unauthorisedly, for the purpose of calculation of the fees as per these rules, the whole structure shall be considered as unauthorised construction.
(8)In the case of certain occupancies, the following percentages of the compounding fee as per Appendix I shall be applicable, if the unauthorised building is recommended for regularisation:-Table
Item Building occupancy Percentage of compounding fee applicable asper Appendix I
1 2 3
(a) Government offices Nil
(b) Government educational institutions, buds school Nil
(c) Government aided schools 10
(d) Government sanctioned private educationalinstitutions including self financing educational institutions 35
(e) Approved pain and palliative Clinics, Religiousbuildings 25
(f) Offices of political parties having importancein Niyamasabha, Lok Sabha and Rajya Sabha 25
(g) Old age home, orphanages, Day care centers,creches, Adult day care centers, Block Resource Centers 10
(h) Library (Affiliated to Kerala State librarycouncil) 10
Appendix II[See Rule 6(4)](The Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2018)Safety and security provisions in the Building Rules required to be strictly complied with for regularisation in the case of unauthorised constructions
(1)sub-rule (5) of rule 26 and Table I - Clearance from Overhead Electric Lines.
(2)Wherever off-street parking is provided, the width of access to the plot shall not be less than 3.6m and shall be motorable.
(3)rule 104 -Facilities for persons with disabilities.
(4)rule 47 -Fire escape staircase.
(5)rule 51 -Lift.
(6)sub-rule (3) to (15) of rule 61 -Provisions for Group I occupancy.
(7)rule 84 of the Building Rules - Accessory Building
(8)Provisions for Waste disposal as per rule 30, Ground water recharging arrangements as per rule 101, Rain water Storage arrangements as per rule 102 and Solar Assisted Water Heating and Lighting System as per rule 103 shall be provided as per Building Rules
(9)rules 107 to 114 with modification to rule 112(1) of Chapter XIX Safety Provisions for High rise Buildings, as specified below:If a motorable road of width not less than 5m is available on the side other than the front and if open space for the building within the plot on that side is minimum 3.6m and is kept open by not constructing any compound wall, fence or structure then, regularization may be considered by the Government if it is fully satisfied that safety, security and firefighting capabilities are not compromised.
(10)Rules 122 to 125 -of Chapter XX-Telecommunication Towers.
(11)Any other provisions in the building rules having serious safety and security concerns.Note. - As regards constructions with reference to item (11), taking into account the serious nature of safety and security concerns, Government may decide as to the extent up to which regularisation can be considered on a case by case basis.Appendix III(See rule 6(13))[The Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2018]Indemnity Bond and Undertaking to be submitted along with Intimation to Secretary(On Stamp paper worth Rs.100 and Notarised)This Indemnity Bond and Undertaking made on this _______________day of______________2018 by Smt./Sri __________________________________ S/o, D/o, W/o __________________________________________Age _______ (Full Address)_____________________________________________________ ________________________________________________________________ herein after referred to as the First Party which term shall include their legal heirs, successors, assignees, agents, representatives and tenants. In Favour of The Secretary of Grama Panchayat herein after called the Second Party, which term shall include all officials and staff of the_________________ Grama Panchayat.Whereas the First Party has applied for the regularisation of the unauthorised construction of ---------------------(occupancy) -------------- (floor area) sq.m near building No. ------------------------; or telecommunication tower/ pole structure near/over the building no --------------; or alteration/addition to an existing building No. ------------ in Sy. No. ---------------- of --------- village -------------- Taluk in ----------------- Grama Panchayat ------------- District in the site/plot covering an extent of _____________sq.m.And, Whereas the Second Party has agreed to consider regularisation of the unauthorized construction in the said site/ plot in terms of 'Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2018' and it is hereby affirmed that 'there are no cases pending before or direction(s), judgment(s) etc issued by Courts, Tribunals, Ombudsman etc and there are no claims of Government/ Banks/ Attachments of Courts/ Land acquisition proceedings etc specific to the plot or constructions therein, which prevents regularisation of the unauthorised construction, and the First Party indemnify the Second Party to this effect.And Whereas the First Party having agreed to the aforesaid condition hereby indemnifies the Second Party with the above assurance and solemnly declare that the above said site/land is the property of the First Party which is possessed by him/her since the date of purchase and there are no cases pending before or direction(s), judgment(s) etc issued by Courts, Tribunals, Ombudsman etc and there are no claims of Government/ Banks/ Attachments of Courts/ Land acquisition proceedings etc specific to the plot or constructions therein, which prevents regularisation of the unauthorised construction and in case of any disputes/litigations arises at any time in future the First Party will be responsible for the settlement of the same and the Second Party will not be a party to any such disputes/litigations.The First Party solemnly affirm and undertake that no additional constructions will be done in the unauthorised construction after the building has been regularized as per the provisions in Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2018First Party ______________________________In Witness Whereof, This Deed Of Indemnity is signed by ---------- on this the ----------------------- day of -------------------- in the presence ofWitnesses: