Approval for Land Subdivision and Amalgamation

1.     Introduction.

In the case of sub-dividing or amalgamation of more than one plot of land situated within the area which has developed into urban status or is considered by the Urban Development Authority to be likely to develop into urban status in the future, for the purpose of development, the Urban Development Authority has been entrusted with the necessary regulatory powers to mitigate the impacts caused to the health and environment. The exercise of this authority has been delegated to the Local Authorities. Thus, the survey plans prepared for every subdivision or amalgamation of land within a geographical area declared as an urban development area situated within the limits of a Local Authority must be subject to the approval of the Local Authority for development purposes.

Each Municipal Council area and Urban Council area has been declared as Urban Development Area. Some Pradeshiya Sabha areas have been declared as urban development areas in their entirety, while a limited area of other Pradeshiya Sabha areas has been declared as urban development areas. However, a number of Pradeshiya Sabhas have not yet been declared as urban development areas.

2.     Applicable Legislation

        Urban Development Authority Planning & Development Regulations -2021, made under the Urban Development Authority Act and published in the Gazette Extraordinary No: 2235/54 on 07.08.2021.

3.     Validity of Land Subdivision or Amalgamation Permit

        In the case of any type of development or subdivision of land or amalgamation of land in an area declared by the Minister as an “Urban Development Area” under Section 3 of the Urban Development Authority Act, No. 41 of 1978, there should be a development permit signed by a person authorized by the Urban Development Authority, on the recommendations of the Planning Committee of the relevant Local Authority on the face of the survey plan made by a licensed surveyor.

        Note:     If the Development Permit has been issued subject to the condition that a “Certificate of Conformity” should be obtained in relation thereto, the said Certificate of Conformity shall be obtained before commencing any development work on the subdivided or amalgamated land. (Procedure for this is given separately.)

4. Eligibility

(a) The land should be situated in an area that has been declared as an urban development area by the Minister under Section 3 of the Urban Development Authority Act No. 41 of 1978, within the limits of the local authority;

(b) The applicant should be the legal owner of the property or an agent authorized by owner.

(c) If the land is located within an assessment area of the local authority, the name of the legal owner of the relevant property should be entered in the assessment list. (For inclusion of name in the assessment list, refer to the procedure for registration of property ownership)

(d) The Survey Plan of the land shall have been made as per the terms laid down by the Urban Development Authority Planning and Development Regulations 2021.     

5.      Fees

(a) Application fee as determined by the local authority from time to time.

Note: 1.   No fee will be charged for application forms downloaded from the website of the local authority.

2.   Local authority should determine the fee so as to cover the printing cost only.

 (b)          Processing fees

Note:  (i)  The processing fee charged by the Local Authority for processing the application for subdivision or amalgamation of land shall be as shown in Schedule 2 of the Urban Development Authority Planning and Development Regulations – 2021.

 (i) As the Minister in charge of Urban Development holds the legal authority to change or revise these fees, it will be important to be vigilant about any revisions that may be made from time to time.

(ii) The Local Authority should make every effort to keep this tariff cycle accessible to the public for easy reference.     

6.      Documents to be submitted

(a) Application applicable as per the nature of development the applicant intends to carry out

(Duly perfected application in Specimen Form “B” – Annexure I, Specimen Form “B” – Annexure II, Specimen Form “B” – Annexure III, Specimen Form “B” – Annexure IV, Specimen Form “B” – Annexure V, Specimen Form “B” – Annexure VI of Schedule 1 of the Urban Development Authority Planning and Development Regulations – 2021, should be submitted together with the certificate duly issued by the relevant person mentioned in Schedule 3. According to the nature of the development, the details of the documents to be attached to the application form are given in the relevant application form itself.

(b)  A certified copy of the National Identity Card of the applicant

(c)  05 copies of the survey plan relating to the sub-division or amalgamation certified by a qualified person (You may know from the website of the local authority or from the Front Office the applicable qualified person depending on the nature of the development) 

(d)  Depending on the nature of the development, certificates issued by the institutions mentioned in the application form. 

(e)  When the applicant is not the owner of the land, a consent letter from the owner of the land 

(f)  A copy of the deed of the land certified by a Notary Public.

(g)  A rough sketch showing other surrounding landmarks for easy access to the location of land

The Urban Development Authority has made available facilities to obtain applications for approval for the subdivision or amalgamation of land online. It is important that the local authorities also take the necessary steps to follow suit.

Note: 1.   In the case of a land in assessment area, if the applicant’s name as the owner of the concerned property is not entered in the assessment list, action should be taken to get the assessment register amended before proceeding with the application for development permits.

         2.   In completing the application, mistakes can be minimized by contacting the Licensed Surveyor who prepared the plan of the land relevant to the construction.

7.     Application Procedure

Procedure	Duration	Responsibility
To obtain the application (From the Front Office or the Website of the Local Authority)		Applicant
To receive the application duly perfected and certified by the qualified person, charge the processing fee, issue the receipt, and inform the applicant of the receipt of the application and the date of the field inspection	At the time of receiving the application	Officer of Front Office

        Note:    Arrangements should be made to allocate dates for site inspections as per the monthly advance work plan of the Technical Officers and to send an approved copy of the monthly advance work plans of each technical Officer to the Front Office to facilitate the inspection.

8.     Procedure after registration of the application

Procedure	Duration	Responsibility
Refer application to the Office-in-charge of subject through Technical Officer	At the time of receiving the application	Officer of Front Office
Refer the confirmation of the date of the field inspection to the applicant	At the time of receiving the application	Technical Officer /Public Health Inspector
Field inspection	On the scheduled day	Technical Officer / Public Health Inspector
To refer the file together with his observations and recommendations regarding the application to the Officer in charge of the subject to be referred to the Planning	On the field inspection day itself	Technical Officer
Consider the application with the recommendation of the Technical Officer and granting approval	On the scheduled day of the Planning Committee meeting	Planning Committee
Obtain the signature of authorized officer to the note to the effect that approval was granted for the development activity and to the permit on the face of the survey plan.	Within two days from the Planning Committee meeting	Officer in charge of the subject
Refer signed permit and approved survey plan to Front Office and inform the applicant	Within two days from the Planning Committee meeting	Officer in charge of the subject
Refer development permit and approved survey plan to applicant	If the applicant is present in person at the moment itself or by post or using electronic means	Officer of Front Office

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