Q.Where to apply, for building plan permit for areas falling under DDA?

(A) For sanction/Addition/Alterations/Revised plan of residential plot/other building:
(B) B-1 Permit: Plinth Level.
(C) Completion-cum-Occupancy Certificate (Appendix ‘B-3’ : Bye-law No. 7.5.2)

A. (A) Building Permit Fee:

No building application shall be deemed valid unless and until the owner giving notice has paid the requisite fee of building applications as per schedule given below:

Note: In no case the building permit fee as given in Para 3(A) i, ii and iv above shall be less than Rs.25/-.

(B) Stacking Charges

• Building Permit fee for all buildings shall be calculated at the rate of Rs. 1/- per sq. mtr. Of covered area (including basement floor, Mezzanine floor & loft etc.).
• Fee for addition/alteration/revised plan shall be 50% of the original building permit fee paid for the plan in question.
• Plans submission fee for approval/revised approval/alteration /addition of layout plan of r development/sub-division of land shall be calculated @ Rs.10,000/- per acre.
• Revalidation of plans:- Fee shall be @ 25% of original permit fee per year.
• Fee for plinth level as per Appendix B-1 is Rs. 15/- in case of buildings other than group housing societies and Rs. 200/- per block in case of group housing societies.
• Fee for submission of ‘NOC’ shall be @ Rs.1/- per sqm. of covered area (including basement floor, Mezzanine floor, loft etc.) in all types of buildings.
• Fee for application for provisional occupancy charges, in case of Co-operative group housing societies/other group hosing of Govt. deptts. Govt. aided institutions & charitable Trust/ Wakf Board shall be Rs. 100/-.

• (I) For plots falling in areas where services are being maintained by any Govt: Agency, the stacking charges shall be charged as given below:-
  • (i) @ Rs.1/- per sq. mtr. Or covered area for plots upto 42 sw. mtr. In area
  • (ii) @Rs. 1.5 per sw. mtr. Of covered area for plots up to 84 sq. mtr. In are.
  • (iii) @Rs. 2/- per Sq. mtr. Of plots above 84 sq. mtr. And up to 418 sw. mtr. In area.
• (II) In case of plots above 418 sq. mtrs. Of area, stacking of building material shall be done within the plot area. An undertaking for not stacking the material on Government land in the proforma given in Appendix M(Refer Page-22) will be submitted at the time of submission of application for sanction of building plans.
• (III) In case of plots where the services are being maintained by the respective co-operative societies and are still not handed over to any Govt. Agency, no stacking charges are leviable and only the certificate from the Secretary of the Society shall be submitted that all the damages etc. to the services shall be made good by the Society before handing over services to the Government Agency.
• (i) The mulba during the construction will be removed on weekly basis. If the same is not done, in that cases the local body shall remove the mulba and the cost shall be borne by the owner of the plot.
• (ii) During construction, it is mandatory on the part of the owner to properly screen the construction site off the main road by means of erecting a screen wall not less than 8 ft. in height from ground level which is to be painted to avoid unpleasant look from the road site. In addition to this, a net or some other protective material shall be hoisted at the facades of the building to ensure that any falling material remains within the protected area.
• (iii) Noise related activities will not be taken up for construction a t night after 10 p.m. Further it will be ensured that construction / demolition work shall be carried out in such a manner that no disturbance / nuisance is caused to residents of the neighbourhood (Refer G.O.I. Notification dated 22.1.2002)

A.These charges are required to be paid by Co-operative House Building Society Group – IV as for laying of peripheral services by DDA @ Rs.70/- ( in view of Hon’ble Court orders and consequent office order no. 80 dated 12.6.2003 (per sq.mt. of net plot area at the time of sanction of plans.In addition to above, the ‘individual plot owners’ will also submit the necessary undertaking in the prescribed format for deposition of peripheral charges. The undertaking will be submitted by the individual plot owner at the time of submission of Building Plans for sanction.

A.AS PER NOTIFICATION No. K-12016/10/82-DD IIA dt. 10.8.83 from the Ministry of works & Housing, Govt. of India the permission of barasati floor as a dwelling unit was allowed. The benefit shall be available provided the intending builders deposit betterment charges @ Rs.150/- per sqm. of built up at the time of sanction of building plans or regularization of structure at the time off issue of occupancy certificate. The betterment charges are levied for coverage beyond 25% and in case of provision of regular dwelling unit proposed even with 25% coverage, full betterment charges are leviable

A.The building permit shall remain valid from the date of sanction as mention below as per Govt. Notification for all types of developments):

• For Residential Institutional, Industrial & commercial (up to 4 storied buildings.) 5 yrs.
• For large complexes and multi storied building and institutional building 5 yrs.

Note:

• No building permit can be carried out after the expiry of validity of such building permit.
• The building permit can be revalidated for a period of one year at a time from the date of expiry of validity of the original permit.

A.The owner/applicant who has been granted such building permit shall intimate the Authority in writing within 7 days of starting of construction work at site. He shall obtain an acknowledgement from the Authority of this notice.

A.The owner/applicant who has been granted such building permit shall intimate about completion of work up to ‘plinth level’ through his appointed licensed Architect/Engineer/Supervisor in Form B-1. The documents required for this permit will be as under:

• Processing fee as given in Clause 3(A) V.
• Appendix B-1(Building Bye-Law 7.2.2.) as per notification.
• Copy of valid certificate of licensed Architect/Engineer/Supervisor.
• Plan, indication plinth level construction at site in relation to plot dimension, area and set back, duly signed by owner and licensed Architect/Engineer/Supervisor.
• Extension of time for construction, valid up to date, if required.
• In case of change of Architect/Engineer, additional documents are required such as Supervision-I, appointment letter of Architect, an attested copy of general body resolution for appointment of Architect etc.

DDA will inspect the site and intimate the objection, if any, to the owner/Architect/Engineer/Supervisor within 30 days in form B-2 (in case deviations of non-compoundable nature are notice).

In case construction of plinth level is found, in accordance with the sanctioned plan/compoundable limit, there is no need for intimation as per notification. However, in order to avoid disputes, the intimation will be sent to the applicant in respect of B-1 that it is in accordance with the sanctioned/revised sanctioned plan. Further it will be the responsibility of the owner and Architect/Engineer/Supervisor to ensure that further construction of building is in accordance with the sanctioned building plan.

A.I. No person shall occupy or allow any other person to occupy any building or part of a building for any purpose until such building or part of a building has been granted the occupancy certificate.

The owner shall submit the notice of completion along with the required documents and plans as mentioned at Para 2 (C) at page-4. The Authority on receipt of the notice of completion shall inspect the work and communicate the sanction/ refusal, or objection there to within 60 days from the date of receipt of notice of completion. Time for an inspection shall be communicated to the Owner/Applicant/Architect. After inspection of completed building, the objections and compounding fee, if leviable, shall be intimated to the owner/Architect. On compliance of this letter or fulfillment of all formalities, the Occupancy Certificate shall be issued.

II. Provisional Occupancy Certificate & Completion-cum-Occupancy Certificate

In continuation of circular dated 12.4.2002, it has been decided that Provisional Occupancy Certificate (POC)/Completion-cum-Occupancy Certificate (C.C.) will be applicable/accepted/approved for Co-op. Group Housing societies, Housing Schemes of Government, Govt. Aided Institutional and Charitable Trust/ Wakf Board only as per Authority Resolution NO. 72 dt. 18.6.1991.

Application for both ‘POC’ and ‘C.C.’ together shall have to be submitted. The list of documents required to be submitted at the time of application of both the permits together are stated in Para 2C-III & 2C-IV. Immediately on receipt of both the permits following procedure will be adopted:

(a) Provisional Occupancy Certificate (POC)

A detailed site inspection will be carried out. Additional Far/Compounding fee/EWS fund etc. will be levied at this stage and POC will be released after approval of competent authority and submission/receipt report to DUAC of completion plan.

(b) Completion-cum Occupancy Certificate (C.C.).

After receipt of clearance of completion plan from DUAC, the matter will be put up to the competent authority for approval of completion certificate. However, at this stage there will be a site inspection again for any subsequent deviation with respect to development control norms/BBL.

A.No person can change the use of any land or building or part thereof than the sanctioned/permissible ‘land use’ and the offence of the misuse is punishable under Section 30(1) & 31 (A) of DD Act. 1957.

• The minimum built-up area required to be constructed on a residential plot to fulfill the lease conditions shall be 1/3rd of the permissible coverage at ground floor as a self-contained dwelling unit (DU).
• Authority Resolution Item No. 54/2004: “The proposals were aimed only at limiting the allottee’s liability for payment of composition fee till the date of obtaining the D/form/Completion Certificate for part construction, and this provision will be applicable only in those cases where at least 50% of the FAR is utilized and which are functioning in accordance with the stated purpose, from a viable and functional building. It was explained that this provision was being introduced only in those cases where the norms for minimum, construction had not been clearly laid down at the time of land allotment”.
• “In respect of Institutional plots allotted to Government Departments and also to Autonomous bodies which are to be constructed with Govt. funds, the period of construction without composition fee will be seven years. If 50% or more FAR is constructed during this period, no further composition fee for belated period of construction be charged. Moreover, the composition fee if due beyond seven years, shall be leviable only till the date of completion of construction of 50% of FAR on entire buildable area.”

A.A penal action may be taken for violation of Provision of Master/ Zonal Plan Regulations/ Bye Laws for following issues:

(A) Non-Compoundable Items:

Any deviation from the maximum/minimum prescribed limits regarding:

• Coverage.
• FAR
• Set-back
• Open Spaces
• Total height of the building
• No. of floors.
• No. of D.Us & density.
• Parking Norms.
• Light and ventilation provisions
• Use
• All other provisions of these by-laws except items given in para ‘B’ below shall not be compoundable/ regularized and shall have to be rectified by altering/demolition at the risk and cost of owner. Before this any other action as per conditions of lease and provisions of Delhi Development Act, 1957 shall proceed.

(B) Compoundable Items.

• Deviation in terms of covered area:- If a building or part thereof has been constructed unauthorizedly i.e. without obtaining the requisite building permit from the authority as required under Clause 6.1 & 6.7.1 of the Building by-laws, the same shall be compounded at the following rates, provided the building or part thereof so constructed otherwise confirms to the provisions contained in the Building By-Laws and Master/Zonal Plan Regulations. For this party shall have to submit the request for building permit in the prescribed procedure.
• Deviations of Building Bye-Laws other than specified in (A) (Non-compoundable).
• Deviations upto the maximum, extent of 10% from the maximum/minimum prescribed shall be compounded at the following rate
• In case of deviations of areas of various components of the buildings, the rate of penalty will be at the rate or Rs. 10/- per 1% of the deviation.
• For Deviations in terms of height the penalty shall be at the rate of Rs. 10/- per 1% of the deviation for every 10sqm. or part thereof the affected area;
• Deviations from the prescribed limit of width length, penalty shall be @ 10 per 1% of the deviation for every 10 sqm. or part thereof of the effected area.

A.Please be informed that the Government of National Capital Territory of Delhi have enacted Delhi Fire Service Act,2007 (Delhi Act 2 of 2009) and Delhi Fire Service Rules 2010 w.e.f. 01.07.2010. In pursuance of the said Act and Rules, every owner/occupier of premises/building falling under the category defined under Rule 27 are required to provide fire prevention and the safety measures as per National Building Code of India 2005 (Part IV) as prescribed under Rule 33. Further, they shall apply to Director, Fire Service for issuance of “Fire Safety Certificate” as per provision contained in Rule 35. The following classes of occupancies for the purposes of sub-section (1) of section 25 of the Act are required to obtain “Fire Safety Certificate” from Delhi Fire Service:

Further the “Fire Safety Certificate” issued under Rule 35, unless sooner cancelled, shall be valid for a period of 5 years for residential building (other than hotels) and 3 years for non-residential building including hotels from the date of issue. Subsequently, application for renewal of “Fire Safety Certificate” shall be made to the Director in form ‘I’ six months before the expiry of the “Fire Safety Certificate”.

• Residential building (other than hotels and guest houses) having height more than 15 meters of having ground plus upper stories including mezzanine floor.
• Hotels and guest houses having height more than 12 meters having ground plus three upper stories including mezzanine floor.
• Educational building having height more than 9 meters of having ground plus two upper stories including mezzanine floor.
• Institutional building having height more than 9 meters of having ground plus two upper stories including mezzanine floor.
• All assembly building.
• Business building having height more than 15 meters of having ground plus four upper stories including mezzanine floor.
• Mercantile building having height more than 9 meters of having ground plus two upper stories including mezzanine floor.
• Industrial building having covered area on all floors more than 250 square meters.
• Storage building having covered area on all floors more than 250 square meters.
• All Hazardous building having covered area on all floors more than 100 square meters.
• Underground Structure.

A.A: For grant of sanction to erect/ re-erect/add to/alteration in the building to carry out the development specified in the said application about 24 points are formulated which are:

1. The construction will be undertaken as per sanctioned plan only and no deviation from the bye-laws will be permitted without prior sanction. Any deviation done against the bye-laws is liable to be demolished and the supervising Architect, engaged on the job will run the risk of having his license cancelled.

2. Violation of building bye-laws will not be compounded.

3. It will be duty of the owner of the plot and the Architect preparing the plan to ensure that the sanctioned plans are as per prevalent building bye-laws. If any infringements of the bye-laws remain unnoticed the DDA reserves the right to amend the plans as and when the infringement comes to its notice and DDA will stand indemnified against any claim on this account.

4. A notice in writing shall be sent to DDA before commencement of the erection of the building as per bye-laws similar notice will be sent to DDA when the building has reached up to plinth level.

5. The party shall not occupy or permit it to occupy the building or use permit the building or part there of affected by any such work until occupancy certificate is issued by the Authority.

6. DDA will stand indemnified and kept harmless from all proceedings in courts and before other authorities of all expenses/losses/claims which the DDA may incur or become liable to pay as a result or in consequences of the sanction

accorded by it to these building plans.

7. The door and window leaves shall be fixed in such a way that they shall not when open project on any street.

8. The party will convert the house into dwelling units of each floor as per the approved parameters of the project and shall use the premises only for residential purpose.

9. The building shall not be constructed within minimum mandatory distance as specified in Indian Electricity Rules and as per the requirement of Delhi Vidut Board from the voltage lines running on any side of the site.

10. The land left open on consequences of their enforcement of the set back rule shall form part of the public street.

11. The thickness of outer walls will be maintained at least 0.23 mt. (9”).

12. In order to avoid any discrepancy in the dimensions of plot allotted. You are advised to get site re-demarcated from the office of Director (Planning) of the project before commencement of the work i.e Appendix ‘B’ as per BBL 83 Clause 7.2.1.

13. The basic levels should be got ascertained from the concerned at the site of the construction.

14. The owner will display boards of minimum size of 3 ft. X 4ft. indicating the following

• Plot No. and location
• Name of lesse/owner
• Use of the property as per lease deed
• Date of sanction of Building Plan with No.
• Sanction valid up to
• Use of different floors and areas sanctioned
• Name of the Architect & his address
• Name of the contractor and his address

15. The provision of the display board on the construction site is a mandatory requirement and non-compliance of the same will invite a penalty of Rs. 5000/-.

16. It will be ensured that the construction / demolition work shall be carried out in such a manner that no disturbance/nuisance is caused to residents of the neighbourhood

17. It will be ensured by the owner and the Architect that during the construction the building plans sanctioned shall satisfy the water harvesting requirement as well as waste water recycling system for building with minimum anticipated discharge of 10,000 liters and above per day of waste water as stipulated under clause 22.1.1, 22.4.2 of BBL 1983 (as notified in Gazette of India dated 31.7.2001) and the information given there in (Applicable on plots of 100 sqm. and above.)

18. As per Notification No. 11011/9/98/-DDIV/(pt)/DDIB dated 21.11.01 of MOUD & PA, G.O.I Form ‘C’ (Building Bye-Laws 7.2.2) and Form ‘D’ (Building Bye-Laws 7.2.3) will not be applicable. However as per this Notification the owner through his Architect/Engineer/ Supervisor shall give notice to the DDA in the performa as per Appendix B-I on completion of work upto plinth level to enable DDA to ensure that work conform to the sanctioned building plans and Building Bye-Laws. Further completion-cum-occupancy certificate will be applied and obtained as per above Notification dated 21.11.2001.

19. The building shall be constructed strictly in accordance with the sanction plan as well as in accordance with the certificate submitted jointly by the owner/Architect/Structural Engineer for safety requirement as stipulated in Clause 18 of the Building Bye-Laws, 1983 and the structural Design including safety from any natural hazards duly incorporated in the design of the building as per the Government Of India Notification bearing No SO-248 (E) dated 21.03.2001

20. The ‘mulba’ during the construction will be removed on weekly basis. If the same is not done, in that case the local body shall remove the ‘mulba’ and the cost shall be borne by the owner of the plot.

21. During construction, it is mandatory on the part of the owner to properly screen the construction site of the main road by means of erecting a screen wall not less than 8 ft. in height from ground level which is to be painted to avoid unpleasant look from the road side. In addition to this a net or some other protective material shall be hoisted at the facades or the building to ensure that any falling material remains within the protected area.

22. Noise related activities will not be taken up for construction at night after 10.00 PM

23. It shall be the duty of builder; owner or person seeking sanction would strictly adhere to and comply with the directions contained in the Order passed by Hon’ble NGT on 10.4.2015 in Original Application No. 21/2004 titled Vardhman Kaushik Vs UOI & Ors as well as the MoEF Guidelines, 2010 while raising construction. These directions in nutshell are as follows:

• Every builder or owner shall put tarpaulin on scaffolding around the area of construction and the building. No person including builder, owner can be permitted to store any construction material particularly sand on any part of the street, roads in any colony.
• The construction material of any kind that is stored in the site will be fully covered in all respects so that it does not disperse in the air in any form.
• The construction material and debris shall be carried in the trucks or other vehicles which are fully covered and protected so as to ensure that the construction debris or the construction material does not get dispersed into the air or atmosphere, in any form whatsoever.
• The dust emissions from the construction site should be completely controlled and all precautions taken in that behalf.
• The vehicles carrying construction material and construction debris of any kind should be cleared before it is permitted to ply on the road after unloading of such material.
• Every worker working on the construction site and involved in loading, unloading and carriage of construction material and construction debris shall be provided with mask to prevent inhalation of dust particles.
• Every owner and or builder shall be under obligation to provide all medical help, investigation and treatment to the workers involved in the construction of building and carry of construction material and construction debris relatable to dust emission.
• It shall be the responsibility of every builder to transport construction material and debris waste to construction site, dumping site or any other place in accordance with rules and in terms of this order.
• All to take appropriate measures and to ensure that the terms and conditions of the earlier order and these orders should strictly comply with by fixing sprinklers, creations of green air barriers.
• Compulsory use of wet-jet in grinding and stone cutting.
• Wind breaking walls around construction site.
• All efforts to be made to increase the ‘tree cover’ area by planting large number of trees of various species depending upon the quality content of soil and other natural attendant circumstances.
• All the builders who are building commercial, residential complexes which are covered under the EIA Notification of 2006 shall provide green belt around the building that they construct.

24. The sanction will be void ab-initio if any material fact has been suppressed or mis-represented of if auxiliary conditions mentioned above are not complied.

Plot No……………………Pkt. No…………………..

Block No………………….Sector No

Delhi.

A.: In case of any grievance, the public can approach the ‘Shikayat Adalat’ of the Building Deptt. This Adalat is held on every first working Monday of each month between 2.30 PM to 5.30 PM relating to cases with the following

• Delay in sanction of building plans.
• Issuance of B-1 permit.
• Issuance of completion certificate.
• Problems related to the ‘NOC’ from lands Section and Planning/Architecture Department.
• Additional Commissioner (Plg.) Building section hears the complaints in his office at, VikasMinar, New Delhi, after giving time and date to the aggrieved party on his/her representation submitted earlier. In addition, public hearing is conducted by him on Monday & Thursday. Director (Bldg.) is also available for redressal of the public complaints/grievances between 2.30 PM to 5.30 PM in his office on Monday & Thursday.