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State of Kerala - Section

Section 5 in Kerala Municipality Building Rules, 1999

5. Application for development permit.

(1)Every person other than a Central or State Government Department who intends to develop or redevelop any parcel of land shall apply in writing to the Secretary in the form in Appendix AA and such application shall be accompanied by plans and statements in duplicate as required under these rules and documents to prove the ownership of the land concerned [such as title deed proving the ownership of the applicant, land tax receipt issued by the 'village office and the possession certificate issued by the village office] [Inserted by Notification No. S. R. O. No. 676/2017, dated 31.10.2017] and payment of application fee as specified in Schedule 1 (along with a copy of the certificate of registration of the Architect, Building Designer, Engineer, Town Planner or Supervisor as the case may be, who has prepared and signed the plans, drawings and statements.)
(2)In the case of any development or redevelopment of land by Central or State Government Department, the officer authorized shall, before thirty days of commencement of the work, submit to the Secretary a set of layout plans or plans of the proposed plot subdivisions and all other details with a certificate issued by Chief Architect or the Engineer in charge of the works to the effect that the plans are in conformity with the provisions of these rules in all respects including conformity to any development plans prepared for the area.
(3)In the case of layout or plot sub-divisions by any defence organisation the officer in charge of the organisation shall submit to the Secretary a set of layout plans or plans of the proposed plot subdivisions giving general indications whether the purpose is residential or otherwise for enabling the Secretary to estimate the requirements for providing services and infrastructure to that area.
(4)In the case of layouts or plot subdivisions by Municipality, the Secretary may approve the plans of the proposed work with his certificate on plans to the effect that the proposed work is in conformity with the provisions of these rules.
(5)In the case of an application for development or redevelopment of any land within a distance of 100 meters from any property maintained by Defence establishment, the Secretary shall consult the officer-in-charge of such establishment before the permission is granted. Such officer shall furnish his reply within thirty days from the date of receipt of the consultation letter if such establishment has any objection to the proposed development. The objection, if any, raised by the officer within the said thirty days shall be duly considered by the Secretary before issuing permit.
(6)In the case of an application for development or redevelopment of any land within 30 meters from substituted by railway boundary, the Secretary shall consult the Railway Authority concerned before the permission is granted. Such Authority shall furnish his reply within thirty days from the date of receipt of the consultation letter if the authority has any objection to the proposed development. The objection, if any raised by the Railway Authority within the said 30 days shall be duly considered by the Secretary before issuing permit.
(7)In cases where final remarks are not received within the 30 days time from the Defense Officer or Railway Authority as in sub rule (5) or (6), the Secretary may delay final decision, if any interim reply is received from the concerned Defense/Railway Authority.
(8)The Secretary shall, if the lay out approval from the District Town Planner or the Chief Town Planner either as per these rules or as per the provisions of the town planning scheme for that area is required for any development, forward the application with his remarks to the District Town Planner or Chief Town Planner, as the case may be, before issuing development permit.