Cover Approval for Unauthorized Constructions

1. Introduction.

All construction within the area of the Local Authority must be carried out only under a construction permit issued by the Local Authority. Thus, every construction done without approval will be treated as unauthorized construction. Arrangements have been made to grant cover approval for such unauthorized constructions bringing them to comply with the legal provisions. This cover approval is granted subject to the necessary modifications to be made to the building in accordance with existing legal provisions, conditions, and terms.

Note: 1. In case of violation of the terms and conditions imposed, the cover approval will be rejected.

2. In order to consider the grant of cover approval, an application for obtaining a construction permit must be submitted after payment of processing fees, and the cover approval is considered only if it is possible to grant the cover approval for the unauthorized construction or after making the necessary changes to the construction as per the applicable regulations, on payment of the relevant charges.

2. Applicable Legislation

(a) Housing and Town Improvement Ordinance (Chapter 268)

(b) Urban Development Authority Act, No. 41 of 1978.

(c) Urban Development Authority Planning and 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 cover approval granted to a construction permit

(a) In the case of construction in an area under the purview of the Housing and Urban Development Ordinance, the chairperson should have signed on the face of the building construction plan with a confirmation that the cover approval has been granted under the provisions of the rules made under the said Ordinance.

(b) In the case of construction 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 building plan on the face of which the person authorized by the Urban Development Authority should have signed to the effect that the cover approval has been granted under the recommendations of the Planning Committee.

Note: The certificate of conformity should be obtained before the building constructed under the permit issued is put into use. (Procedure for this is given separately.)

4. Eligibility

(a) The land should be within the jurisdiction of the concerned local authority.

(b) The applicant must be the legal owner of the property or an authorized representative of the owner.

(c) If the land is situated 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) (i) In the case of construction within an area to which the Housing and Town Improvement Ordinance applies, the construction shall have been carried out in accordance with the regulations set out in the Schedule of the Housing and Town Improvement Ordinance, or the plan shall have been drawn with necessary modifications in accordance with those regulations.

(ii) In the case of construction within an urban development area, the construction must have been carried out in accordance with the terms specified in the Urban Development Authority Planning and Development Orders 2021 made under the Urban Development Authority Act No. 41 of 1978, or with necessary modifications as per those regulations. The plan must have been drawn and constructed accordingly or the construction must have been altered accordingly or parts that are not suitable for approval must have been removed. The plan of the concerned land must have been approved according to those regulations.

5. Fees

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

Note: 1. The Local Authority shall determine that this fee is limited to meeting printing expenses only.

2. No fee will be charged for application forms downloaded from the website.

(b) processing fee

Note: (i) The processing fee and late fee varies depending on the nature and extent of the development and should be as shown in Schedule 2 of the Urban Development Authority Planning and Development Regulations – 2021. Arrangements should be made to get to know the amounts of these fees from the Front Office or from the website of the local authority.

(ii) The processing fee charged by the local authority for processing the application for cover approval for building construction shall be as shown in Schedule 2 of the Urban Development Authority Planning and Development Regulations – 2021. 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. Efforts should also be made to keep this tariff cycle accessible to the public.

(iii) In the case of construction in an area outside an urban development area, the amount of fee charged shall be as decided by the relevant Local Authority from time to time.

(iv) In determining the amount of these fees, the Local Authority should refrain from charging in excess of the fees levied in an urban development area.

6. Documents to be submitted

(a) Application for cover approval for an unauthorized construction –

(i) in the case of an urban development area, the application in Schedule I of the Urban Development Authority Planning and Development Regulations-2021; and

(ii) in the case of an unauthorized construction in an area to which Housing and Town Improvement Ordinance applies, the application in the Annexure hereof.

(This application can be obtained from the Front office or from website)

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

(c) 05 copies of the building plan 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 application)

(d) A copy of the approved survey plan of the land where the building to be constructed (Applicable only to areas declared as urban development areas under the Urban Development Authority Act)

(e) Depending on the nature of building construction, certificates issued by institutions mentioned in the application

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

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

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

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

Note: 1. If the applicant’s name as the owner of the concerned property is not included in the assessment list, actions should be taken to get the assessment list amended before proceeding with the application for construction permit.

2. In completing the application, mistakes can be minimized by contacting the architect or other professional who prepared the plans related to the construction.

7. 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 Reference No. and the date of the field inspection	At the time of receiving the application	Officer of Front Office
To refer the application to the Technical Officer through the Officer in charge of the subject	At the time of receiving the application	Officer of Front Office
To send 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 Committee	On the field inspection day itself	Technical Officer / Public Health Inspector
To consider the application with the recommendation of the Technical Officer and granting cover approval	On the scheduled day of the Planning Committee meeting	Planning Committee
To inform the applicant to pay the late fee for cover approval	The day following the date of the Planning Committee meeting	Officer in charge of the subject
To pay the late fee		Applicant
To charge the late fee and issue a receipt and inform the officer in charge of the subject	Immediately upon the payment of the late fee	Officer of Front Office
To make entries in relevant registers confirming the cover approval and get the signature of the authorized officer	Within two days from the Planning Committee meeting	Officer in charge of the subject
To refer the signed certificate to Front Office and inform the applicant to collect documents	Within two days from the Planning Committee meeting	Officer in charge of the subject
To hand over documents to confirm the grant of cover approval to the applicant and get his signature	If the applicant is present in person at the moment itself or by post or using electronic means	Officer of Front Office

8. Legal consequences of construction in contravention of the conditions mentioned in the permit or of unauthorized construction.

Any construction carried out without obtaining a permit or in violation of the conditions of the permit issued shall be deemed as unauthorized construction. The Chairman will issue orders to demolish all such unauthorized constructions. In all cases of non-compliance with the order, a case will be filed in the Magistrate’s Court under Section 28A of the Urban Development Authority Act No. 41 of 1978. The Magistrate will order the demolition of the unauthorized construction.