New UDCPR fixes necessities for obtaining permission

 

 

 

With release of Unified Development Control and Promotion Rules (UDCPR), things are getting clearer for builders as well as for the public. For example, now there are certain issues where the permission is not needed. It was done to save the time and money of everybody. Most part of the accountability will be handled by Architects, owners. The plans signed by Architect will carry weight. In Chapter 2 of UDCPR of Development, permission and commencement certificate there is a sub-clause of Necessity of Obtaining Permission wherein the UDCPR explained where to take permission and where it is not needed.

 

No person shall carry out any development work including development of land by laying out into suitable plots or amalgamation of plots or development of any land as group housing scheme or to erect, re-erect or make alterations or demolish any building or cause the same to be done without first obtaining a separate building permit development permission/ commencement certificate for each such development work/ building from the Authority. There are some works where permission is not necessary.

 

They include if anybody is carrying out works in compliance with any order or direction made by any authority under any law for the time being in force, carrying out of works by any authority in exercise of its powers under any law for the time being in force, the excavation (including excavation of wells) made in the ordinary course of agricultural operation, the construction of a road intended to give access to land solely for agricultural purpose. If anybody is using the land in a normal way which has been used temporarily for other purposes like marriage pandals or for festive occasions etc then there is no need to take permission. In last over three years, utility of solar energy has increased. Considering that aspect, the UDCPR exempted the installation of solar panels having base of solar panel at height upto 1.8m. from terrace, ensuring structural stability from the Licensed Structural Engineer.

 

Near large construction sites where the work is expected to be done for longer duration, the temporary arrangement for staying of workers is normally made, the permission of the same was mandatory earlier. But this new UDCPR has granted some liberty to such labour camps. In fact it has asked to provide adequate water supply, sanitation facilities and safety to these camped people.

 

n Building on plot area upto 150 sq.mt. (low risk category) and on plot area more than n 150sq.mts. upto 300 sq.mt.(moderate risk category) subject to compliance as per development undertaken on behalf of Government n No permission is required for operational construction of the Government or Government undertaking, whether of temporary or permanent nature, which is necessary for the operation, maintenance, development or execution of any of the services : a) Railways; b) National Highway; c) National Waterway; d) Airway and Aerodromes and Major Ports; e) Posts and Telegraphs, Telephones, Wireless, Broadcasting and other like forms of Communication excluding Mobile Towers;g) Defence Authorities; n Permission is necessary for temporary construction for not more than six months at a time and in the aggregate not exceeding a period of one year.

 

In case of special buildings, the application shall be accompanied by structural stability certificate signed by the licensed Structural Engineer to the effect that the building is safe against various loads, forces and effects including due to natural disasters, such as, earthquake, landslides, cyclones, floods, etc. as per Part 11 ‘Structural Design’ and other relevant codes. Earlier there used to be the High Rise Committee that used to certify. Now onus will be put on owner. Builders have welcomed this move as it would not take much time and curb corruption. All the plans shall be duly signed by the owner, co-owner, if any, and the Architect or Town Planner or Licensed Engineer / Supervisor and shall indicate his name, address and registration.