Sanction or Refusal of the Building Permit and Appeal Against Refusal of Sanction of Building Permit

PROVISION NO. 13.0

  • In case the Authorised Officer objects to any aspect of the building plan, you (the applicant) will be required to rectify it within 30 days from the day you receive the objection. If you do not rectify it, the Noida Authority (the ‘Authority’) is entitled to get it rectified and charge you for it before issuing to you the occupation certificate.
  • If the Authorised Officer does not respond to the application for the building plan approval within 60 days, you must write to the Chief Executive Officer (CEO) intimating him of this within 20 days after the 60th day has expired. If you do so, the building permit shall be deemed to have been sanctioned by the Authority, provided that it is not in violation of the relevant laws.
  • In case of refusal of the building sanction-
  • The Authorised Officer must give the reasons for his refusal by citing the relevant provisions in the Building Regulations which the plan violates.
  • The Authority shall demolish the unauthorised construction at the expense of the owner. If you (the owner) refuse to bear the expenses, the Authority is entitled to recover the charges from you as an arrear of land revenue.
  • If you (the allottee) submit your application for an occupancy certificate     without actually completing the building, the Authority is entitled to inspect your construction within 30 days of the receipt of your application. Furthermore, the Authority is entitled to penalise you if it finds the building incomplete during the inspection (which is to take place within 30 days after you submit your application). The penalty will amount to 50 percent of the occupancy charges or Rs. 5000, whichever is higher. The Technical Person who signed your application will also be penalised. You will then have to prepare a fresh  application for an occupancy certificate after the previous one gets rejected.

How will the technical person be penalised if he has signed an application for an occupancy certificate for an incomplete building?

  1. If this has happened for the first time, he will be given a warning.
  2. If this happens for the second time, he will be blacklisted by the Authority for a year.
  3. The third time, his registration will be cancelled after referral by the Authority to the Council of Architecture/ ITPI/ MIC.

PROVISION NO. 14.0

If your building permit has been refused sanction, you may appeal to the Chairman of the Authority within sixty days from the date of communication of the refusal. The appeal must include the true copy of the refusal order along with 50 percent of the original plan fee.