STANDARAD
PROCEDURE FOR INVESTIGATING CITIZENS COMPLAINTS AGAINST VIOLATION OF BUILDING
BYE –LAWS AND COMPLAINTS AGAINST OCCUPYING THE BUILDING WITHOUT OBTAINING OCCUPANCY
CERTIFICATE.
To
make BBMP more people friendly as well as to have more effective enforcement towards
Building Bye-laws violations and to make investigation of these complaint more transparent,
the following standard procedure for investigating citizens complaints against
violation of Building Bye-laws is framed.
1.
Citizens can lodge their complaints against violation of building bye-laws in
any One of the following offices -
Office To Whom to Address
i)
BBMP Citizen Service Centers - A.R.O.
ii)
BBMP Headquarters Office - Commissioner
iii)
Zonal Offices – Joint Commissioner
iv)
J.D.T.P. Office- J.D.T.P.
v)
Zonal Chief Engineer Office – Chief Engineer
vi)
Divisional Executive Engineer Office- Executive Engineer
vii)
Sub-division Office- Asst. Executive Engineer
2.
All the above BBMP offices will designate one officer / staff from their establishment
to receive these complaints from the citizens.
3.
The Complainant shall furnish an affidavit supporting allegations made by him against
violation of building byelaws, the name and address of the violator, the
location
of the building, any additional information if any.
4.
Complaints without proper details will not be accepted or enquired into.
5.
In each of the complaint receiving office a separate register shall be
maintained exclusively for registering these complaints.
6.
The concerned receiving office shall enter the details in the complaint
register as soon as he receives the complaint. Date and time of receipt of the
complaint will
be
stamped on each at the complaint so received.
7.
All complaints received in any of the above officers shall be sent to the
concerned jurisdictional AEE for necessary action.
8.
The concerned AEE shall inspect the building to ascertain whether there are any
deviations / violations from the sanctioned plan or building bye laws as stated
in
the
complaint.
9.
If the AEE notices any deviations/violations, he shall mention these in his inspection
report specifically along with measurements and digital photos supporting the
status of the violation as on that particular day. Further he should prepare a
record of inspection. (mahazar) along
with signatures of the witnesses.
10.
The AEE should mark the deviated / violated portions on the sanctioned plan including
use of the building fully or partly. (For eg:- conversion of parking space (cellar)
into commercial purposes, and also conversion of residential to commercial use
without obtaining change of land use from BDA), and issue notice under the relevant
sections of the KMC Act 1976 and Building Bye-laws of the BBMP to the
owner/licensee
of the building.
11.
If the owner of the building does not set right the deviated /violated portions
of the building within the prescribed time limit, or if the owner or builder
fails to show cause to the satisfaction of the authority the authority may take
further necessary action under the relevant sections of the KMC Act 1976 and
Building Bye-laws of the BBMP.
12.
In case of complaints against occupying the buildings without obtaining
Occupancy Certificate as required under KMC Act, 1976 and Building Bye-laws of
the BBMP, the Asst. Executive Engineer with his remarks will forward the same
immediately to the JDTP office for taking further necessary action.
13.
The AEE shall take all precautionary measures including filing of caveat to
ensure that the orders under KMC Act 1976 and Building Bye-laws of the BBMP are
Executed
in time.
14.
A compliance report shall be submitted by the AEE to the Zonal Chief Engineers and
to the office from where the complaint is sent and also a reply shall be sent
to the complainant by certificate of posting immediately about the action taken.
15.
Zonal Chief Engineers will maintain in their office status of all such
complaints received in various AEE offices in the zone. Every month they will
review at least
Once
all such cases and will ensure that all pending cases are enquired into without
delay.
16.
The AEE should enter in the complaint register about the compliance of the complaint
and then only close the issue.
17.
The concerned officer in which office the complaint was originally received
shall satisfy himself of proper action taken and shall enter about the
compliance in the complaint register and close the case.
18.
In case of those complaints which are regarding the buildings which are
occupied without obtaining Occupancy Certificate, in the J.D.T.P. Office at the
Head Quarters, a separate register shall be maintained for registering these
complaints.
19.
In those cases of complaints against occupying the building without obtaining Occupancy
Certificate directly being received at JDTP office, they will be directly attended
by the office of the JDTP and will not be sent to the jurisdiction AEE. In all
other cases complaints being received at other offices, shall go through jurisdictional
AEE for enquiry who with his remarks shall send the same to the office of JDTP
for further necessary action.
20.
The JDTP / the Delegated Authority shall inspect the building to ascertain
whether the building is occupied without obtaining the necessary Occupancy
Certificate, as
per
relevant Section of the KMC Act 1976 and also BMP Building Bye-laws.
21.
Occupancy Certificate is required as per present regulations for buildings with
Ground + two upper floors and having 5 units and above in case of residential
Buildings.
In case of non-residential buildings more than 300 sqms of built up area and
all buildings which are having Ground + three and more upper floors.
22.
If the J.D.T.P. / the Delegated Authority confirms that the building is
occupied without obtaining Occupancy Certificate he shall serve a notice to the
owner of the
building/licensee
intimating about the requirement of law for obtaining Occupancy Certificate.
The building without Occupancy Certificate will be required to be vacated by
the owner / licence till Occupancy Certificate is obtained.
23.
If, in spite of service of notice the person concerned does not vacate and
apply for Occupancy Certificate within seven days from the date of receipt of
notice, then action as under relevant sections of the KMC Act and BBMP Building
Bye-laws will be initiated.
24.
Further all the buildings which are occupied without taking Occupancy
Certificate will be treated as dangerous structures within the preview of
relevant Section of the
KMC
Act 1976 and Building Bye-laws of the BBMP.
25.
Until and unless the owner of the building obtains Occupancy Certificate from
the BBMP the owner of the building shall not occupy or allow any other person
to
occupy
the building or a part of the building for any purpose whatsoever.
26.
All the compliance in those cases of complaints against occupying the buildings
without obtaining Occupancy Certificate will be maintained by the office of
JDTP.
