Section 3 in Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2018
3. Submission of application for regularization of unauthorised Construction.
(1)Application for regularization of unauthorised construction declaring the details pertaining to the unauthorised construction shall be submitted to the Secretary in Form 1-A appended to these Rules, in duplicate, and the application fee specified in rule 4 within 90 days of the date of notification of these Rules in the Kerala Gazette.(2)The application shall be accompanied by the following documents, namely:-(a)Receipt for payment of application fee, if any paid to the Grama Panchayat as per rule 4 of these rules;(b)Three copies of the floor plans, elevations and sections of the buildings constructed, the site plan, building plan and wherever applicable the service plans, parking plans drawn as provided in sub-rule (11) of rule 7 of Building Rules, and specification there under,-(i)Certified by the owner to the effect that "this is the drawings having reference to the details furnished in Form 1-A and documents enclosed along with"(ii)Certified by the licensee to the effect that "this is the drawings having reference to the details furnished in Form 1-A and documents enclosed along with and that the details and measurements therein conform to actual constructions made in the site. I further certify that the unauthorised buildings is/are structurally stable (applicable in the case of unauthorised construction with the exception of high rise buildings or telecommunication towers).(iii)Certified by a Structural Engineer to the effect that "the unauthorised high rise buildings/unauthorised telecommunication towers or the building above which unauthorised telecommunication tower is erected as per the drawings and Form I-A enclosed herewith is/are structurally stable:Provided that in the case of huts, a site plan showing the outline of the built-up area, the boundaries of the plot and nearby streets, duly signed by the owner is only required:Provided also that in the case of constructions under approved schemes as mentioned in rule 72 of the Building Rules with total Floor area of building up to 60 sq. meters and number of floors limited to two and a stair room, where the construction has to be done by individuals separately, a site plan showing the outline of the built-up area, the boundaries of the plot and the near by streets, duly signed by the owner only is required:Provided further that the unauthorised construction applied for regularisation shall be indicated in red colour outline in all the drawings submitted.(c)Documents to prove ownership of land;(i)Copy of land deed(ii)Copy of latest tax receipt(iii)Copy of latest possession certificate(iv)Copy of BTR certificate(v)Attested Copy of the survey sketch from revenue department(d)Time stamped photographs of the unauthorised buildings applied for regularization under these rules (minimum of 4 numbers from all four sides showing all external details of development) which is to be attested by the owner and the licensee(e)Proof of having completed or carried out the construction on or before the 31st day of July 2017;(f)Proof of valid Registration of the licensee;(g)Proof of qualification of Structural Engineer who has issued the structural stability certificate;(h)Copies of the document(s) regarding Court cases (Courts, Tribunal, Ombudsman etc.) pertaining to or of reference to the plot or constructions therein;(i)Any Government orders, circulars, any form of communication(s) pending to the plot/land or any construction works therein;(j)Proof of having stopped the construction before 31st day of July 2017 on account of any communication from the Grama Panchayat or Government directing to stop the unauthorised construction;(k)Copy of approved plans and/ or permit issued if any, by the Secretary as per the provisions contained in the Act or the Building Rules;(l)Orders if any, granting exemption from the provisions of the Kerala Building Rules 1984, obtained earlier;(m)Details of action, if any taken by the Grama Panchayat concerned against this unauthorized construction;(n)Copy of orders granting exemption from the provisions of the Town Planning Schemes, obtained earlier;(o)Copy of previous orders if any, regularising constructions within the plot.(p)Copy of the resolution made by all owners or their association (for residential apartments);(q)Checklist and acknowledgment (as in Appendix X) in triplicate;(r)Copy of Aadhar card of the applicant;(s)Any other details pertaining to or of relevance to the plot and buildings therein if any.(3)If the application received is not in order and/or incomplete for further scrutiny, the Secretary shall, within fifteen working days of the receipt of the application, inform the applicant, that the same cannot be accepted.
