Various Regulations in Chapter 2 in UDCPR 2020

Apr 06, 2024

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate as per mentioned in the UDCPR

This is Applicable to all Planning Authorities and Regional Plan Areas except the Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limits of the Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC, and Lonavala Municipal Council in Maharashtra.

Rule No. 2.9 Completion Certificate

The owner through his Architect/licensed engineer/town planner/supervisor, as the case may be, who has supervised the construction, shall furnish a building completion certificate to the Authority in the form in Appendix - G. This certificate shall be accompanied by three sets of plans of the completed development, the certificate about the operation of the lift from consultant and certificate of structural stability, wherever necessary.

In case of special buildings, the Completion Certificate shall also be accompanied with the NOC from the Chief Fire Officer of the respective Authority or Director of Fire services, as the case may be.

Rule No. 2.10 Occupancy Certificate

The Authority after inspection of the work and after satisfying himself that there is no deviation from the sanctioned plans as mentioned in Regulation No.2.8.5, issues an occupancy certificate in the form in Appendix – H or refuses to sanction the occupancy certificate in Appendix - I within 21 days from the date of receipt of the said completion certificate, failing which the work shall be deemed to have been approved for occupation, provided the construction conforms to the sanctioned plans. One set of plans, certified by the Authority, shall be returned to the owner along with the occupancy certificate. Where the occupancy certificate is refused or rejected, the reasons for refusal or rejection shall be given in intimation of the rejection or the refusal The applicant may request for Deemed Occupancy Certificate, if eligible, as above. The Authority shall issue the Deemed Occupancy Certificate within 15 (fifteen) days of the application.

Rule No. 2.11 Part Occupancy Certificate

When requested by the holder of the development permission, the Authority may issue a part occupancy certificate for a building, or part thereof, before completion of the entire work as per development permission, provided sufficient precautionary measures are taken by the holder of the development permission to ensure public safety and health of the occupants and users of the said portion of the building. The part occupancy certificate shall be subject to the owners indemnifying the Authority in the form in Appendix 'J'.

Rule No. 2.12 Inspection

The Authority shall have the power to carry out inspection of the work under the provisions of the Act, at various stages to ascertain whether the work is proceeding as per the provisions of regulations and sanctioned plan.

Rule No. 2.13 Unsafe Buildings

All unsafe buildings shall be considered to constitute a danger to public safety and hygiene and sanitation and shall be restored by repairs or demolished or dealt with as otherwise directed by the Authority. The relevant provisions of the regulations/Act shall apply for the procedure of actions to be taken by the Authority for unsafe buildings.

Rule No. 2.14 Offences and Penalties

i) Any person who contravenes any of the provisions of these regulations, any requirements

or obligations imposed on him by virtue of the Act or these regulations, shall :-

(a) Be guilty of an offence and upon conviction, shall be punished as stipulated in Section 52 of the Act.

(b) Be subject to further suitable actions including demolition of unauthorized works, as stipulated under Sections 53 and 54 of the Act.

(c) Where such person is a Licensed Engineer/Structural Engineer/Town Planner/Supervisor, be subject to suitable action against him which may include cancellation of license and debarring him from further practice/business for a period as may be decided by the Authority. Thereupon such Licensed Engineer/Structural Engineer/Town Planner/Supervisor shall be considered debarred for the respective district.

(d) Where such person is a registered Architect, be subject to action of the Council of Architecture as per the provisions of the Architects Act, 1972 based on the report of the Authority and debarring him from further practice/ business for a period as may be decided by the Authority.

ii) Any person who neglects any requirements or obligations imposed on him including the maintenance of fire protection services, appliances and lifts in working order or who interferes with or obstructs any person in the discharge of his duties shall be guilty of an offence as specified in Section 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 and, upon conviction, shall be subject to penalties and other consequences spelt out in said Act.