how to draw a plan for a building permit under Panchayat area in # 2021

If you want to starts your consultancy for building planning you should know how to draw a plan for a building permit under Panchayat area, you need to know some rules & guidelines given in accordance to the Panchayat Administration Rule [reference:The West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004].

While preparing plan you need to aware of these rule as well as follow & implement this parameters on the technical drawing for getting hassle free permission from local Panchayat Authorities.

Panchayat guidelines for Building Construction:

With respect to Gram or Grams as may be specified by the State Government by notification, a plan for new structure or building within the jurisdiction of a Gram Panchayat shall have reasonable provision for:

1. Guidelines for Drainage & Sanitary facilities:

 Adequate drainage facility by means of access and passage leading to existing public drains or drainage channels or by means of soak-pit having adequate capacity.( As thumb rule ₹the capacity of soak-pit is calculated in accordance to 600 lit/person )

2. Guidelines for Approach road or passage for building:

If an existing passage or road over which the public have a right of way, is less than one and eight-tenth metres (approx 6 feet)wide, the plot-holders on either side of such passage or road shall keep a front set-back in such manner as to allow a front set-back of nine-tenth metre (approx 3 feet) on either side of the road after leaving in the middle a clear passage of one and eight-tenth metres and a rear set back of one and eight-tenth meter.

if a Gram Panchayat is of the opinion that an existing building or part thereof should be set-back (where set back is not provided according to rule) to allow a regular passage or road of not less than one eight-tenth metres(Approx 6 feet) in pursuance of any development plan, the Gram Panchayat, after giving the owner of such building an opportunity of being heard, may refer a proposal through the Panchayat Samiti to the Land Acquisition Collector for acquisition of the land in question.

Whenever there is a service road or approach passage available, no direct access from a building shall be permitted to a public road.

3. Guidelines for Maximum coverage of residential building:

The maximum building area occupancy of an individual plot shall be 2/3 rd of the total area for a residential building. 

1/3 rd of the total plot area that shall be kept vacant including front & rear setback spaces which are left free for road or passage purpose. 

The Gram Panchayat shall refuse all such applications for permission of any addition to an existing structure or building if the existing coverage added with the proposed addition exceeds 2/3 rd of the total plot area. 

4. Guidelines for Construction of residential building:

Any structure or a building within the jurisdiction of a Gram Panchayat shall be erected or constructed with a set-back of at least nine-tenth metre (approx 3 feet) from each side of the plot. In doing so, there shall be a minimum perpendicular distance of one and eight-tenth metres (Approx 6 feet) from the side of any proposed new building to the side of an existing building.

The height of a new or existing structure shall be 1.5 times the width of the approach road added with the width of the front set back of that building (No set back or space left inside the building will not comes under this calculation), but within 15 m height as per rule up to which panchayat can grant permission.

5. Guidelines for Dimension & height standard for interior:

Habitable room: The area of a habitable room ("habitable room" means a room meant for human habitation other than a kitchen, bath, water closet or storeroom) should be occupy minimum area of 6 square meter (approx 65 Square feet), the minimum length of one of its sides should be 1.5 m ( 5 feet).

The height of all habitable and multipurpose rooms shall not be less than 2.6 metres (Approx 8.5 ft) from the surface of the floor to the lowest point of the ceiling.

Inhabitable rooms: The area of inhabitable rooms (Bath, water closet, Bathroom with water closet, kitchen,corridor etc.) should not be less than 0.8 square meter (approx 8.6 square feet), the minimum dimension one of its sides should be 0.85 m (approx 2.75 feet).

The minimum height of these inhabitable rooms from floor to the lowest point of ceiling should be 2.1 m (approx 6.9 feet).

6. Guidelines for Restriction on construction over tank and water body:

Gram Panchayat shall not give permission to any erection or construction by filling up any tank, pond, or other water body, marshy land or abandoned brick-field or sand quarry, coal mine, mineral quarry or any other water area.

7. Guidelines for Prohibition of dry latrine:

Gram Panchayat shall not accord permission for erection or construction of a dry latrine either in an existing building or as a part of a new construction.

8. Guidelines for Classification of land for construction:

If any structure or building is proposed to be erected or constructed on any land recorded otherwise than as "homestead" land, the Gram Panchayat shall withhold permission for such erection or construction until the applicant produces an order allowing change of classification of the said land by the Collector or any other competent authority having jurisdiction under any law for the time being in force. 

9.Restriction for construction in the vicinity of airport:

No person shall erect near or in the vicinity of any airport or of a prohibited area, any structure or building, tending to hazard aviation or security, as the case may be. The Gram Panchayat, on receipt of such application shall cause an examination and inquiry and forward the application within thirty days from the date of its receipt to the Zilla Parishad with comments; the Zilla Parishad on receipt of the application and the comments of the Gram Panchayat, shall – 

(a) approve the proposal and the plan with or without any modification, or 

(b) refuse the proposal and the plan, and return the application and other papers within thirty days from the date of its receipt by the Zilla Parisahd. 

The Gram Panchayat suppose to procces the application within 90 days from receipt.

All the drawing in details related to the plan for a building permit:

The plan for a building permit under Panchayat area should be consist of plan view, elevation, sectional elevation, layout plan, site plan & specifications of doors, windows etc.

 Plan for a building permit under Panchayat area in # 2021

Plan view:It is the top view of the proposed building which show the room dimensions, thickness of walls,column placement etc. The plan view should be drawn to scale between 1:100 & 1:200.

Elevation: The front view showing the details related to the different levels of the proposed building, position of door & windows also the architectural view of it. the scale for elevation is also between 1:100 to 1:200.

Sectional elevation: In this segment of the drawing all the details related to the structural components like beams, column, slab, lintel, chajja, stairs, foundation details etc are furnished. The scale of drawing ranges between 1:20 to 1:50.

Layout plan: This plan is showing the position of column, footing, blocks, open spaces, passage etc. Making use of this plan we set-out the positioning for footing, blocks, open spaces. The recommended scale for the drawing ranges between 1:100 to 1:200.

Site plan: Site plan is the plan view of the plot consisting of details of approach roads, plot line, boundary line, peripheral land owners details & the type of land, sanitary facilities etc.The scale recommended for site plan is ranges 1:200 to 1:400.

Specification: In specification the dimension & quantity of doors, windows, ventilator etc. details are provided.

Area statements: The total plot area & propose plinth area are  shown in this statements.

Appropriate authority for vetting Plan in the following cases:

Sl No.	Specification of building or structure	Plan to be vetted by
1.	Plinth area up-to 150 sq. meters and height up-to 6.5 m.	Gram Panchayat
2.	Plinth area up-to 300 sq. meters and height up-to 6.5 m.	Panchayat Samiti
3.	Plinth area up-to more than 300 sq. meters and height up-to 15 m.	Zilla parishad
4.	Height more than 15 m.	Panchayats & Rural Development.

Qualification of Technical person required who can Authenticate Plan:

A building plan or a site plan shall be prepared and authenticated by a Licensed Building Surveyor having a degree or a diploma in Civil Engineering or Architecture or by an Architect: 

Provided that the eligibility of a Licensed Building Surveyor or an Architect to authenticate a site plan or a building plan shall be determined in the manner as follows:-

	Qualification	Nature of building
A.	Draftsman (Civil)	Residential building up-to the height of 4 m.
B.	Licensed Building Surveyor having Diploma in Civil Engineering	Residential building up-to the height of 11 m.
C.	Degree holder on Civil Engineering	Residential building up-to the height of 15 m.
D.	Architect	All buildings, residential, commercial or institutional:

• On occasions as the Panchayat Samiti may seek requirement of authentication additionally Either by a Structural Engineer or a Geo-technical Engineer or both may be required for planning, design and construction of building.
• Further that such a technically qualified person shall either be empanelled or registered with any Municipality or Municipal Corporation within West Bengal.
• Any such technical officer authenticating the plans shall certify to the effect that the site has been personally inspected while planning the building and planning the structural members.
• The building plan and the site plan do not violate any provision of the Development plan published for the area if any. 
• The stability analysis & soil tests performed and authenticated by his signature quoting his licence or empanelment number or registration number

How to apply for a building permit under Panchayat area:

The intending persons shall submit the application to the office concerned in the following manner :

1. Application in Form-4- in triplicate (if the proposed building or structure is under the jurisdiction of GP) Application in Form 4A- in triplicate (if the proposed building or structure is under the planning area of a Development Authority within the jurisdiction of PS) 
2. Plan of the proposed building or structure in triplicate, signed by the applicant or the agency as the case may be and authenticated by a competent technical person as mentioned earlier.
3. Soil stability report issued or authenticated by LBS, Structural Engineer, Geo-technical Engineer if the permission providing authority seem the requirement.
4. Site plan of the proposed building or structure in triplicate, signed by the applicant or the agency as the case may be and authenticated by a competent technical person. 
5. Copy of Records of Right of the concerned land for construction, addition of the proposed building. 
6. Copy of the document showing title and interest of the applicant. 
7. On receipt of the application, the Gram Panchayat or Panchayat Samiti or designated office shall check the completeness of the application and issue an acknowledgement to the applicant (in West bengal Form I of the WB Right to Public Services Rules, 2013) by noting down the date within which the service shall be provided and defect in the application, if any, that needs to be rectified. 
8. The Gram Panchayat or the Panchayat Samiti thereafter shall start processing of the application by cheeking the guidelines mentioned earlier in the article is followed or not (But in reality the Authorities rarely audit the sites), if all the documents are found genuine and are in conformity with the requirement of the said Rules, the Gram Panchayat or the Panchayat Samiti shall either approve the building plan and the site plan and issue permission letter directly or to send the building and site plan to the appropriate authority for vetting which  also i have mentioned in the table before.
9. If the Gram Panchayat or Panchayat Samiti, as the case may be found any violation of the guidelines they will withhold or refuse to grant such permission and communicate the decision of the Gram Panchayat or Panchayat Samiti to the applicant stating reasons for doing so.
10. On receipt of the vetted plan from the appropriate authority, Gram Panchayat or Panchayat Samiti, as the case may be, shall retain a copy of the vetted plan in its office and hand over the permission letter along with copies of the vetted building and site plan to the applicant.

Stipulated time period for providing service :

The Pradhan of GP or the Executive Officer of PS concerned, as the case may be, shall accord permission for erection of new structure or building or making addition to an existing structure or building within 60 days time period from the date of receipt of the application at the office of Gram Panchayat or Panchayat Samiti.

Right to Appeal against the decision of the Gram Panchayat:

If the permission is not accorded within the stipulated time period mentioned above, the applicant may prefer an appeal before Appellate Authority (For W.B Appeal to be made in  Form II of the WB Right to Public Services Rules, 2013).

If the Appellate Authority fails to dispose the appeal within the time period the applicant may also appeal before the reviewing officer (For W.B Appeal to be made in Form III of the WB Right to Public Services Rules, 2013).

Permission fees for erection of new structure or building or to make any addition etc:

Authority	Type of construction n (New/Addition/ Alteration)	Thatched, Tine, Tile, or Asbestos shed without brick wall covering area more than 18 sq. meters (kutcha House)	Thatched, Tin, Tile, or asbestos shed with brick wall (Semi-Pucca House)	Pucca Building (Rates on the basis of per sq. ft of total floor area of the proposed structure / building)
			Construct ion for Residential purpose	Construct ion for Commercial purposes	Construction for Residential purpose	Construction for Commercial purpose
Gram Panchayats outside the jurisdiction of KMDA & other Development	New Construction	Rs. 60	Rs. 150	Rs. 300	Rs. 0.50	Rs. 1
	Additional Construction/ Remodeling /Alteration	Nil	Rs. 100	Rs. 200	Rs. 0.50	Rs. 1
Gram Panchayats under the jurisdiction of KMDA & other Development Authority	New Construction	Rs. 80	Rs. 250	Rs. 500	Rs. 1.50	Rs. 2.50
	Additional Construction/ Remodeling /Alteration	Nil	Rs. 150	Rs. 250	Rs. 1.50	Rs. 2.50

 Conclusion:

• For the permission of construction apart from paying the amount according to the rate chart you have to pay a donation amount which varies from 3k-5k (It's not mandatory to pay the amount for all panchayat but as per my experience i have seen it most of them). 
• In most of the cases the dedicated authority not visit the site of construction & this is reality.
• But from the guidelines given by Panchayat you should strictly follow the 3ft set-back rule.(although this also depends upon the relationship to your neighbors).
• Until & unless you do something silly or behaving arrogantly with authorities everything goes seamlessly.

Any point missed or correction required, please let me know in comment section.

References:

 Panchayat Administration Rule [reference:The West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004].