Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Kerala - Section

Section 22 in The Kerala Panchayat Buildings Rules, 2011

22. Duties and responsibilities of the owner.

(1)The granting of the permit or the approval of the drawings and specifications or inspections made by the Secretary during the erection of the building shall not in any way relieve the owner of such building of the responsibility for carrying out the work in accordance with the requirement of these rules.
(2)Every owner shall;-
(a)permit the Secretary or any person authorised by the Secretary or by the Government for this purpose to enter the plot or building or premises at any time between 7 a.m. and 6 p.m. normally or at any other time as may be deemed necessary for the purpose of enforcing the rules;
(b)submit a proof of ownership of the plot;
(c)obtain from the Secretary, sanction for any other allied matter connected with the development or redevelopment of land or construction or reconstruction or addition or alteration of building;
(d)give notice to the Secretary of the intention to start work in the form in Appendix D;
(e)give written notice to the Secretary regarding completion of work in the form in Appendix E; and
(f)obtain a development certificate from the Secretary prior to any sale or transaction of the plot subdivision or building construction in developed or redeveloped plots as given in Appendix G or obtain an occupancy certificate from the secretary prior to any occupancy of the building or part thereof, after construction or reconstruction or addition or alteration of the building or part thereof, or change of occupancy of any building or part thereof as given in Appendix H.
(3)Every owner shall, as soon as any development or redevelopment of land or construction or reconstruction or addition or alteration of building is completed, remove all rubbish, refuse or debris of any description from the plot or plots on which such operations have been carried out or from any adjoining land which may have been used for depositing of materials and debris.
(4)Every owner shall keep in safe custody the permit, approved plans and drawings and specifications and results of tests, if any, on any material used for construction and produce before the Secretary or any officer authorised by him or Government for inspection on demand.
(5)Every owner shall display the permit and approved drawings in the site in a visible place in a visible manner.
(6)Every owner shall take adequate safety precautions at all stages of construction or reconstruction or addition or alteration or repair or removal of the various parts of the building for safeguarding the life of workers and public against hazards consequent on any aspects of the work.
(7)Every owner shall ensure that all protective works carried out to safeguard the adjoining properties during construction are sufficient and in good order to ensure safety in the following,-
(a)In driven piles vibration is set up which may cause damage to adjoining structures or service lines depending on the nature of soil condition and the construction standard of such structures and service lines. Possible extent of all such damages shall be ascertained in advance, and operation and mode of driving shall be planned with appropriate measures to ensure safety;
(b)Where, in the vicinity of a site where bored or driven piling works are to be carried out there are old structures which are likely to be damaged, tell-tales shall be fixed on such structures to watch their behaviour and timely precautions taken against any undesirable effect;
(c)If the owner engages any developer(s) at any time for the construction, reconstruction, repairs, additions or alterations of buildings or development or redevelopment of land, the same shall be intimated to the Secretary within a week from the date of agreement (executed between the owner and the developer) along with the copy of such agreement by which the owner authorises the developer to undertake construction, reconstruction, repairs, additions or alterations of building(s) or development or redevelopment of land in that plot, on behalf of the owner;
(d)Every owner and developer shall include the following details as part of all advertisements through website pertaining to the building and/or land development,-
(i)Name and address of the owner and developer,
(ii)Number and date of lay out approval and/or approval of usage of plot and lay out of building wherever applicable,
(iii)Number and date of the development and building permits,
(iv)Name of the local self government institution issuing the permits,
(v)Date till which the building permit is valid,
(vi)Number of floors permitted,
(vii)Conditions if any stipulated in the permits,
(viii)Following details shall be furnished as against the respective provisions of the rules:
(a)Coverage and FAR of the construction,
(b)Area of recreational space inside and outside the building with area in the case of Apartment houses/flats under Group A1 occupancy,
(c)Number of parking and loading and unloading spaces and area earmarked for such spaces,
(d)Minimum width of access to the site and building,
(ix)Any other occupancy other than Group A1 -Residential in the case of Apartment houses/flats, with details of floor area of such occupancy:
Provided that, if any such advertisements are made in contravention to the above, the secretary or the government may interfere in the matter.
(e)In the case of advertisements pertaining to building construction or land developments through visual - print media and hoardings, the owner or developer shall include the details mentioned in item (i) to (vi) in sub rule (7)(d) of rule 22 and the address of the website carrying details under in sub rule (7)(d) of rule 22;
(f)The secretary may also publish the details of the permits issued in the website of the Panchayat as required under the direction for public disclosure issued under Section 271B (3) of the Kerala Panchayat Raj Act, 1994;
(g)if any such advertisements are made in contravention to sub rules (d), (e) and (f) of this rule, the Secretary or the Government may interfere in the matter;
(8)Every owner shall be responsible for the loss or injury caused to any person or property due to the lapse on his part to provide safety precautions or protective measures or safeguards.