G.R. dated 7th July, 2016 – Procedure and Checklist for Site Inspection before the grant of Building Permission and Occupancy Certificate in Maharashtra

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Directions under Section 154 of the Maharashtra Regional and Town Planning Act, 1966.

 The Procedure to be followed in cases of building/development  permissions, the documents required therefor and the use of procedure and checklist for site inspection before the grant of building permission and occupancy certificate

Government of Maharashtra

Department of Urban Development

Government Resolution No:- TPS-3215/Pra.Kra.193/Na.Vi-13

Mantralaya, Mumbai-400 032

Date:- 07/07/2016

ORDER

            The Planning Authorities, Special Planning Authorities and New Town Development Authorities in the state as well as the offices of the concerned District Collectors in the Regional Plan Areas receive various proposals for building permissions of different types/different users/layout permissions (Development Plan/Regional Plan) for their sanction pursuant to the provisions of the Development Control Regulations. In this regard, certain specified documents and the prevailing procedure as stipulated in the Sanctioned Development Control Regulations are followed. The Government contemplated the matter of introducing a cohesion in this procedure as well as in the essential documents required therefor.   

            Since in furtherance of the above subject it has become imperative to modify the procedure in cases of building/development permissions and also the documents required therefor by insisting only on the minimum essential documents and further to prescribe the checklist for site inspection before the issuance of building permission/completion certificate, the following directions are hereby issued to all the concerned Planning Authorities and District Collectors by virtue of Section 154 of the Maharashtra Regional and Town Planning Act, 1966 for adopting a uniform procedure in this regard.

Directions

            The procedure to be adopted by the Planning Authorities in the state while handling cases of building/development permissions as wells as the documents required therefor shall be as per the stipulations in the accompanying APPENDIX-“A”. Moreover, the procedure to be adopted while handling cases of building/development permissions in the Regional Plan Areas as well as the documents required therefor shall be as per the stipulations in the accompanying APPENDIX-“B”.

            The procedure to be adopted for site inspection before the grant of building permission and the checklist thereof in the Planning Authority as well as the Regional Plan Areas shall be as per the stipulations in the accompanying APPENDIX-“C” and the procedure to be adopted for site inspection before the grant of occupancy certificate and the checklist thereof shall be as per the stipulations in the accompanying APPENDIX-“D”.

            The procedure as described above should be followed. These directions shall come into force from the date of this order.

                                                                Sd/-

                                                            [Avinash Patil]

                                                Joint Secretary, Government of Maharashtra

Copy for action:-

1] The Metropolitan Commissioner, Mumbai Metropolitan Region Development Authority,

2] The Managing Director, CIDCO, Mumbai,

3] The Chief Executive Officer, Maharashtra Industrial Development Corporation Ltd.,

4] The Metropolitan Commissioner, Pune Metropolitan Region Development Authority,

5] The Chairman, Nagpur Improvement Trust, Nagpur,

6] The Chief Executive Officer, Maharashtra Road Development Corporation,

7] District Collectors (for the districts covered by Regional Plan),

8] Commissioners of all Municipal Corporations,

9] The Chief Executive Officer, Pimpari- Chinchwad New Town Development Authority,

10] The Director, Town Planning, Maharashtra State, Pune,

11] The Director, Municipal Administration, Worli, Mumbai,

12] Joint Directors,

     Town Planning (Konkan/Pune/Nagpur/Amravati/Aurangabad/Nashik),

13] Assistant Directors/Town Planners of all Branch Offices,

14] Chief Officers of all Municipalities/Nagar Panchayats,

15] Under Secretaries, UD-11/13/30,

16] Section Officers, UD-9/12.

Copy for Information:-

1] The Principal Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,

2] The Private Secretary to the Hon’ble Minister of State (UD), Mantralaya, Mumbai,

3] Hon’ble Principal Secretary (UD-1), Department of Urban Development, Mantralaya, Mumbai,

4] The Secretary (UD-2), Department of Urban Development, Mantralaya, Mumbai.

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APPENDIX-A

Building Plan/Layout Approval (Development Plan)

Procedure & List of Documents

Procedure * Submission of Application to the Planning Authority along with payment of scrutiny fees. * Application is forwarded to Head of Department of Planning Authority for technical scrutiny with regard to the provisions of Development Plan and the Development Control Regulations (DCR). * Scrutiny of the application is done by Junior Engineer/Assistant Town Planner with respect to the provisions of the Development Plan and Development Control Regulations. * Issuing Challan for payment of the required fees to the applicant and submission of the copy of challan paid to the Planning Authority. * Required payment to be made by the applicant, if any. * Sending report for approval & approval by Head of department of the Planning Authority. * Issuance of Approval.   
Documents Required 1) 7/12 Extract/Property Card/Sale Deed/Development Agreement. 2) Title search report. 3) Measurement Plan by TILR. 4) Building Plan/Layout Plan 5) Affidavit by Architect. 6) Affidavit by Structural Designer, Engineer, Supervisor. 7) Required NOC of the respective departments whichever required. 8) Document/s as specified and notified by the Municipal Commissioner/Chief Officer.
Time Period 60 days from the date of Application.

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APPENDIX-“B”

Building Plan/Layout Approval (Regional Plan)

Procedure & List of Documents

Procedure * Submission of Application to the Collector Officer along with payment of scrutiny fees. * Application forwarded to District Town Planning Office for technical scrutiny with regard to the Regional Plan and the Development Control Regulations (DCR). * Scrutiny of the appellant is done by Assistant Town Planner of the District Office with respect to the provisions of the Regional Plan and Development Control Regulations. * Issuing Challan for payment of the required fees to the applicant and submission of the copy of challan paid to the respective Authority. * Required payment to be made by the applicant, if any. * Sending report for approval & approval by Collector office. * Issuance of Approval.
Documents Required 1) 7/12 Extract/Sale Deed. 2) Title search report. 3) Measurement Plan by TILR. 4) Building Plan/Layout Plan. 5) Required Form as per DCR by an Architect. 6) Required Form as per DCR by Structural Designer, Engineer, Supervisor. 7) Required NOCs of the respective departments whichever required. 8) Document/s as specified and notified by the Collector.
Time Period 60 days from the date of Application.

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APPENDIX-“C”

 Inspection for Building Permission

Procedure & Checklist

Procedure * The Head of Department of the respective Authority allocate the Inspection Officer. * Inspection is conducted within 10 days from the date of application. * The Inspector verifies/inspects the site with respect to the Checklist. * Inspector needs to submit the report to the respective Authority within 3 days from the date of inspection. * Head of Department approves or rejects or asks for some modifications in the plan regarding the Building Permission considering the site inspection report. * Communication of the decision regarding approval/rejection.  
Checklist 1. Location/Site/base details on site; whether feasible for building construction in view of Flood line/CRZ or other aspects respectively. 2. Proposal of DP/RP. 3. Detailed Drawings of the layout/building proposal. 4. Plan showing measurement of plot and the building line proposed with setbacks. 5. Width of the Road abutting the plot. 6. Existence of water body, railway line, heritage, contour map etc.  

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APPENDIX- “D”

Inspection for Occupancy Certificate

Procedure & Checklist

Procedure * The Head of Department of the respective Authority allocate the Inspection Officer. * Inspection is conducted within 3 days from the date of application. * The Inspector verifies/inspects the site with respect to the Checklist. * Head of Department approves or rejects or asks for some modifications in the plan considering the site inspection report. * Head of Department issue the Occupancy Certificate.
Checklist 1. Completion Certificate by an Architect. 2. Copy of the Sanctioned Plan and as-built drawing. 3. Verification with respect to the approved plans. 4. Document/s as specified and notified by the Municipal Commissioner/Chief Officer/Collector. 5. NOCs from the respective departments. 

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[Relevant portion of the G.R. translated by Adv. Prakash Manohar Chalke-

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