To apply for Building permit in Guwahati City, the following rules and procedure are applicable under the new Byelaws. The complete Byelaws can be viewed and downloaded from this article Building Construction (Regulation) New Byelaws 2014
Every person who intends to erect or re-erect or make material alteration in any place in a building or part thereof or intend to subdivide or transfer any plot of land, within the jurisdiction of Guwahati Metropolitan Area shall make an application under Section 5 of the Act in Form-1 (part-I and part-II) accompanied by the required amount of fees as prescribed in Schedule-1 appended to these Byelaws to the Chief Executive Officer, Guwahati Metropolitan Development Authority. The applicant may submit the application either at the counter designated in hard or soft copy or through website created for the said purpose.
- The person making an application under Byelaws 4(1) above shall furnish all the documents which are required to accompany the application made under Section 5 of the Act. In addition, the following other particulars and documents shall have to be furnished along with the application:—
- Trace map of the proposed site indicating the Dag No., Patta No., Revenue Village, Mouza and the Town of the concerned District;
- A key plan of the area showing natural channels, drains, roads and landmarks;
- A site plan drawn to a minimum scale 1:200;
- A building plan accurately drawn in a minimum scale of 1:100 with dimensions in meters;
- A general specification of the proposed constructions including a detailed calculation sheet of FAR in the proposal showing details giving type and grade of materials to be use in Form 11, Form 24 and Form 25 duly signed by the concerned Registered Technical Personnel (RTP) and countersigned by the applicant;
- A certificate of supervision in Form 8, Form 9 and Form 10;
- A certificate of undertaking for hazard safety from Structural Engineer on Record in the case of buildings Ground + 3 floors and above in Form 7;
- An undertaking in Appendix V appended to these byelaws signed by the land owner or Power of Attorney Holder or Builder or Promoter or the Applicant, as the case may be, stating that he shall leave or surrender for road widening if required free of cost and he will not violate any rules, building byelaws and that in case of violations the Authority shall take action as per the Guwahati Municipal Corporation Act, 1971/the Guwahati Metropolitan Development Authority Act, 1985. Where land is surrendered free of cost, as aforesaid, it shall not affect the total FAR that the applicant is entitled, over his whole plot as per these bye laws.
- The party/applicant should submit an affidavit along with the application form declaring the following: (a) Particulars of land, (b) Ownership of land, (c) That they shall construct the building as per approved plan, (d) They shall submit completion certificate prior to obtaining electric connection, (e) That applicant will not occupy the building without obtaining the occupancy certificate (f) they shall not change the RTP during the construction period without prior notice to the Authority, and if the change has taken place the new RTP/applicant has to fulfill all the formalities completed by the earlier RTP;
- The up to date property tax paid receipt to be submitted; in case of existing building/structure, if any;
- In case of residential land/plot sales, a minimum of 10% of plotted area is to be earmarked / reserved for EWS category in all Residential Layout Plans of Plots with land area of 1.5 Hectare and above with minimum plot size for EWS shall not be less than 90 Sq.m. and more than 120 sq.m wherever applicable;
- The owner / developer is given freedom to build these units in a separate block with separate access with option to develop only EWS dwelling units in lieu of LIG, wherever applicable;
- If the houses/flats/apartments are constructed by private developers/builders, and made available at subsidized price for EWS/LIG the said developers/builders, shall be entitled to an additional FAR of 10% to 25% over that applicable FAR for the relevant land use depending on the percentage of area allotted to EWS/LIG within these limits.
- Every person making an application for subdivision of plot or transfer of plot under byelaws 4 shall furnish all the documents which are required accompanying the application made under Section 5 (7) (v) of the Act. In addition the following other particulars and documents have to be forwarded along with the application.
- Land sale permission of Deputy Commissioner.
- Particulars of land document and ownership of land.
- All layout plans before submission to Authority shall be signed by owner(s) and by one of the following:—
- Architect holding a valid registration of the Council of Architect / R.T.P not below a Graduate Civil Engineer /Town Planner of Guwahati Metropolitan Development Authority or Guwahati Municipal Corporation for layout plan of plots of measuring more than 0.5 HA and below 2.5 HA wherever applicable;
- Architect holding a valid registration of the Council of Architecture of Guwahati Metropolitan Development Authority or Guwahati Municipal Corporation for layout plan of plots measuring 2.5 HA and above wherever applicable;
- Town Planner qualified to be a member with Institute of Town Planners, India for plots measuring 2.5 HA and above wherever applicable;
- In all layout plans a minimum of 5% of the land is to be reserved for parks/ playgrounds. This land has to be handed over to Authority for its development as parks/ playgrounds free of cost wherever applicable;
- Any other document/declaration that authority may require.
- Development fee as prescribed in Schedule-I.
- Planning Permit under Part-I of the application shall be granted by the Guwahati Metropolitan Development Authority on the recommendation of the Town Planner of the Guwahati Metropolitan Development Authority;
- Building Permit under Part-II of the application shall be granted by the Guwahati Municipal Corporation on the recommendation of the Associate Planner, Guwahati Municipal Corporation in respect of the areas under the Guwahati Municipal Corporation and the building permit in respect of the areas under other urban local bodies or the Panchayats shall be granted by the concerned urban local bodies or the Panchayat on recommendation of the technical person of the concerned urban local bodies or the Panchayats, as the case may be.
- On receipt of the planning permit so issued the building permit under Part- II of the application shall be issued by GMC or other local bodies, as the case may be.
- In case of non availability of technically qualified officer in an urban local body or panchayat for making technical examination, verification and inspection of any proposal for building permit, the government may by
order authorize or designate such other technically qualified officer for the
purpose of technical examination, verification and inspection of proposals of building permit to be granted by the concerned urban local bodies or the panchayat, as the case may be.
All the plans and drawings shall be duly signed by the owner and the person preparing the plan – a registered Architect or a registered graduate Civil Engineer who shall be registered either with Guwahati Municipal Corporation, Guwahati Metropolitan Development Authority or Council of Architecture unless specially allowed as specified in Appendix-II appended to these byelaws.
When the application is only for an alteration of the building, only such plans and statements as may be necessary shall accompany the application. Application for alteration shall be submitted before the Commissioner Guwahati Municipal Corporation within the ambit of Planning Permit issued. For alteration of approved buildings prior to coming into force of these byelaws for which Planning Permit is not obtained, application shall be submitted as provided in byelaw 4 of these byelaws.
Procedure to be followed by Guwahati Metropolitan Development Authority (GMDA), Guwahati Municipal Corporation (GMC), Urban Local Bodies (ULBs) or the Panchayats as the case may be subject to the separate guidelines issued by Govt. under CL. 5 (iv).—
- Guwahati Metropolitan Development Authority shall verify the zone, road width, Floor Area Ratio (FAR), coverage, height of building, parking norms and layout and requirement of external open spaces and other functions as provided in the Act in accordance with the Master Plan, Zoning Regulations and the relevant provisions of the Act, rules and these byelaws. After verification and making necessary inspection if the Guwahati Metropolitan Development Authority is satisfied that the proposal conform to the provision of the Master Plan and Zoning Regulation and the Act, rules and byelaws the Planning permit with recommendation, modifications, if any shall be issued in Form-II;
- The Planning Permit along with 3(three) sets of drawings shall be forwarded by the Guwahati Metropolitan Development Authority to Guwahati Municipal Corporation, ULBs or the Panchayats, as the case may be, with intimation to the applicant; and within the time limit of 30 days as stipulated in clause 13 of these bye laws.
- The drawings and maps as per checklist of Part-I of the application form shall be signed and submitted along with the application duly filled in and signed by the applicant;
- Guwahati Municipal Corporation, the Urban Local Bodies or the Panchayats as the case may, shall issue Building Permit after verification and making necessary inspection as may be required under the Act, rules and these byelaws;
- The processing fee for processing the application for planning permit shall be deposited in the office of the Guwahati Metropolitan Development Authority out of which only 90% is refundable. The Building Permit fee on approval of the (Building Permit) shall be deposited to Guwahati Municipal Corporation. If Planning Permit is rejected by the Guwahati Metropolitan Development Authority planning permit fees paid to it shall be refunded upto an extent of 90% of the fees paid. The Building Permit fee once paid is not refundable, however the applicant within the validity period of the Building Permit;
- The Planning Permit and Building permits are not transferable except to legal heir.
- In case of claiming premium FAR as may be applicable in the particular plot sanctioned planning permission will only be issued on depositing the premium fee as may be applicable as per Schedule –I .
- Betterment charge can be levied by the authorities where land is plotted and sold per rates fixed by them.
Each inspection shall be made within 10 days following receipt of application. The Authority shall determine that the plans submitted conform to the requirement of the Act, rules and these Byelaws and inform the applicant as per provision of Cl. 17. However, if inspection is delayed beyond 10 (ten) days; the applicant shall intimate the Authority in writing; and Authority shall complete the inspection within 7 (seven) days of receipt of such intimation and shall also ensure that time limit for sanction as prescribed in Cl. 13 is strictly maintained.
Fee for Planning Permit, Building Permit, other fees and charges shall be such as may be applicable as per Schedule – I appended to these byelaws.
It is important to note that the permissible FAR which is in addition to the base FAR shall be provided against payment of premium charge to the Authority. The premium charge will be as per the Schedule-I.
Should the Authority determine at any stage that the construction is not proceeding according to the sanctioned plan or is in violation of any of the provisions of the Act, rules and these Byelaws, the Guwahati Metropolitan Development Authority, the Guwahati Municipal Corporation, other Urban Local Bodies or the Panchayats as the case may be, shall notify the building permit holder and all further construction shall be stopped until correction has been effected and approved.
If the building permit holder fails to comply with the requirements at any stage of construction, Guwahati Metropolitan Development Authority, Guwahati Municipal Corporation, other Urban Local Bodies or the Panchayats, as the case may be, is empowered to take such panel action other appropriate necessary action as per the relevant provisions of the Guwahati Municipal Corporation Act 1971, the Guwahati Metropolitan Development Authority Act, 1985, the Assam Apartment (Construction and Transfer of Ownership) Act, 2006 and the Act, rules and these Byelaws.
The respective Authority may either sanction or refuse the plans and statements or may sanction the proposal with such modifications or directions as it may deem necessary and thereupon make the Planning Permit and Building Permit ready for issue within the respective period of 30 (thirty) days and 45 (forty-five) days, as the case may be. In case sanction is refused a detailed order on reasons for refusal shall be passed by the authority.
Application for Planning Permit shall be disposed of within a period of 30 days from the date of receipt of the
application. Application for Building Permit shall be disposed of within a period of 45 days from the date of receipt of Planning Permit. In the event of the failure of the Authorities to grant Planning permit or the Building Permit within the period stipulated above, the permits shall be deemed to have been granted and the applicant may proceed with the construction with written intimation to the Authority concerned and necessary permit fee to be deposited at least 10(ten) days prior to commencement of work, provided that building shall be constructed as per provisions of the building byelaws and in no case shall contravene any of the provisions of the Guwahati Building Construction (Regulation) Act, 2010, the Guwahati Municipal Act, 1971, the Guwahati Metropolitan Development Act,1985 and the Building byelaws framed there under. The concerned Authority shall issue a deemed permit for such cases on receipt of intimation of such construction within 7 days of receipt of such intimation.
The owner shall submit the Completion Certificate in Form Nos. 16, 17, 18, 19 and 27 as the case may be, as per provision of Section 11(a) of the Act.
- Occupancy Certificate.— The Authority shall issue Occupancy Certificate on receipt of completion certificate as per Section 11 (b) of the Act.
- Part Occupancy Certificate.— The Part Occupancy Certificate shall be given by the Authority subject to the owner indemnifying the Authority as per the prescribed format as provided in Appendix- IV.
- New Trade License as applicable will only be issued on production of Occupancy/Part Occupancy Certificate.
Assam Power Distribution Company Ltd. (APDCL) shall charge electricity permanently to the building only after receipt of Occupancy Certificate issued by the Authority.
Correspondence regarding Planning Permission, Building Permission and Land Sale Permission.— Correspondence regarding Planning Permission, Building Permission and Land Sale Permission — No planning permission, building permission and land sale permission NOC will be served in applicant’s premises, but will be made available in the reception counter of the concerned Authorities and applicants are required to collect the same from the counter. Authorities will send intimation of approval of the Building Permit, as well as fees payable; through identified speed post service as well as through Email/SMS. However Authorities will have to serve all objection or rejection letters and other communications relating to planning, building and land sale permission through identified speed post service as well as inform through Email/SMS if the same is made available by applicant and the cost of that can be realized from applicant by the authorities.
- Modification of plans.— All modification of plans if required shall be done by Guwahati Municipal Corporation, Urban Local Bodies or the Panchayats as the case may be within such parameters as prescribed in the Planning Permit and within the provisions of these building byelaws.
- Application for change of use — For change of use of a building or part of a building, the plan for part of the building in which change of use is proposed shall be submitted to the Authority for review of the planning permit and issue of revised planning permit. The application shall include Structural safety certificate by Registered Structural Engineer and proposed Retrofitting plan if the change of use is from lower to higher load class. The authority may decide to refer the proposal to a third party or SDRP for approval of such permit provided use is changed. Processing fee shall be paid as specified in Schedule-I.
Display Board — In case of buildings other than Residential and Religious Institutions measuring 500 sq.m. or more the details of the development as provided in the Planning Permit and Building Permit including date of expiry of permit etc. shall be displayed on a board of size at least 100 cm x 180 cm. The same shall be displayed at site within 15 (fifteen) days of obtaining the Building Permit issued by the Authority. In the event of failure to display the board a penal charges shall be levied as provided in the Schedule-I.
Applicability of the Building Byelaws —
- The Building Byelaws shall apply to the building regulations, activity, in the State of Assam under the jurisdiction of the Guwahati Metropolitan Development Authority area,—
- where a building is erected, the Byelaws applies to the design and construction of the building;
- where the whole or any part of the building is removed, the Byelaws applies to the whole building whether removed or not;
- where the whole or any part or the building is demolished, the Byelaws applies to any remaining part and to the work involved in demolition;
- where a building is altered; the Byelaws applies to the whole building whether existing or new except that the Byelaws applies only to part if that part is completely self contained with respect to facilities and safety measures required by the Byelaws;
- where the occupancy of a building is changed; the Byelaws applies to all parts of the building affected by the change.
- Existing approved building – Nothing in the Byelaws shall require the removal, alteration or abandonment, nor prevent continuance of the use or occupancy of an existing approved building, unless in the opinion of the Authority such building constitutes a hazard to the safety of the adjacent property or the occupants of the building itself.
- Residential building having more than 8 (eight) nos. of units shall follow all norms as laid down for apartment buildings in this bye-laws.