The English Translation of
The Private Residential Project Land
Development Rules-2004
By – Shoena Akter & MST Musfika
Akter
LL.B (Hons.)
Session: 2018-19
Department of Land Management and
Law
Jagannath University
GOVERNMENT
OF THE PEOPLE’S REPUBLIC OF BANGLADESH
Ministry of Housing and Public Works
The Private Residential Project Land
Development Rules-2004
Content:
Chapter 1
Preliminary
1. Short title and
application
2. Definitions
Chapter 2
Registration
3. Entrepreneurial Registration
4. Provisions relating to
existing entrepreneurs
5. Registration of formulator of Layout Plan
Chapter 3
Conditions for Approval of Private Residential Projects, etc.
6. General conditions for
approval of private residential project.
7. Conditions relating to
land ownership and rehabilitation of the victims
8. Conditions for
determining the size and population of the project area
9. Conditions regarding maximum salable land in the project area, land use , protection of the buyer interest
10. Conditions for formulation of Layout Plan
Chapter 4
Private Residential Project Consultation Method etc.
11. Project ideas and consultation
12. Preparation of initial layout plan
13. Finalization of layout plan
Chapter 5
Final Approval Procedure of Private Residential Project , etc.
14. Application procedure for approval of a new
project
15. Application procedure
for revision , re-approval or renewal of the project
16. Application disposal, project approval ,
publicity etc.
17. Project approval fees, etc.
Chapter 6
Miscellaneous
18. Formation of committee
19. Special control
20. Notice issuance
21. Project Completion report
GOVERNMENT OF THE
PEOPLE’S REPUBLIC OF BANGLADESH
Ministry of Housing and Public Works
NOTIFICATION
Dated the 26th
February, 2004
S.R.O No. 50-Law/2004 - in the exercise of the
powers conferred by the section 102 of The Town Improvement Act 1953 (EB Act. XIII of 1953), section 18 The
Building Construction Act 1952 (EB Act II of 1953) and playgrounds, open spaces, parks in all municipal areas of
the country including metropolitan,
divisional and district urban municipalities and section 13 of The Natural Water Reservoir Conservation Act 2000 (Act
No. 36 of 2000), the Government, formulated
the following Rules, viz -
Preliminary
1. Short
title and application.- (1)These rules may be called The
Private Residential Project Land Development Rules-2004
2. It shall be applicable to the
master plan areas framed under The Town Improvement Act, 1953 (EB Act.
XIII of 1953) and The Building Construction Act, 1952 (EB Act II
of 1953) .
2. Definitions.- In
these Rules, unless there is anything repugnant to the subject or context,-
(a) "Application form" means an application for approval or an application for re-approval or renewal or amendment of a private residential project;
(b) "Building" means " Building " as defined in section 2(b) of the The Building Construction Act, 1952 (EB Act II is of, 1953,)
(c) "Entrepreneur" means any person, company, Institution, partnership firm, Commercial establishment, real estate, developer, association or organization that develops land or constructs building of a private residential project;
(d) ."Authority" means “Rajdhani Unnayan Kartripakkha” established under section 3 of The Town Improvement Act, 1953 (EB Act XIII of 1953)
(e) "Code" means Bangladesh National Building Code, 1993 ;
(f) "Committee" means a committee constituted under Rule 18 on matters relating to land development and construction of building of private residential projects;
(g) "Reservoir Conservation Act" means playgrounds, open spaces, parks and The Natural Water Reservoir Conservation Act 2000 (Act No. 36 of 2000) in all municipal areas of the country, including metropolitan, divisional cities and municipalities of district cities;
(h) "Schedule" means any schedule attached to these rules;
(i) "Environment” means “environment” as defined in section 2 (c) of the Bangladesh Environmental Protection Act, 1995 (Act No. 1 of 1995);
(j) "Private residential project" means a project undertaken by an entrepreneur for developing land and constructing building of a private residential project;
(k) " Flood " means any place, river, canal, beel, dighi, spring or reservoir described in the Natural Reservoir Conservation Act as designated in the master plan or any place declared by the government, any local government or organization as a floodplain area by notification in the Official Gazette and filling of legally other developable lands except fresh water and any land holding rain water:
(l) "Land development" means the land development or construction of building for a private residential project with the necessary civic amenities on the land with the approval of any land of the authority identified and recommended in the master plan areas;
(m) "Master plan" means a master plan made under The Town Improvement Act, 1953 (EB Act XIII of 1953)
(n) “Layout
Plan” means survey design, location map, site plan, detailed subdivision of
land, land development, road network, water and sewerage, drainage,
electricity, gas, telephone, infrastructural plan of street lights etc. and any
design made including all other civic amenities prepared by registered town
planners, architects, engineers, advisory body, firms or related professionals.
Chapter Two
Registration
3. Entrepreneurial registration. (1) The entrepreneur of any
private residential project in the master plan area shall be registered from the authority in accordance with the
provisions of these rules.
(2) Every Entrepreneur shall apply for registration in
the manner prescribed by the authority with the following documents, namely :
a) Trade
license;
b)
TIN Number;
c)
Value Added Tax (VAT) registration number;
d)
Certificate of incorporation and registration
certificate including Memorandum of Understanding and Articles of Association;
e) Certificate of technical Qualification etc.
(3) Upon receipt of the application under sub-rule (2), the Authority shall make arrangements for the necessary investigation within the next 45 (forty five) days to verify the veracity of the information mentioned in the said application.
(4) If, after an investigation under sub-rule (3), the authority is satisfied that-
a) the applicant is able to meet the conditions applicable to the implementation of the private residential project, it shall grant the application within that period;
b) the applicant is unable to fulfill the said conditions, it shall not grant the application with stating the reasons, and shall inform the applicant accordingly.
(5) If the application is granted under sub-rule (4) (a), the authority shall grant the registration to the applicant within 30 (thirty) days from the receive of the application subject to collect of the prescribed fee for registration.
(6) The Authority shall preserve the list of registrations under sub-rule (1).
4.Provisions
relating to existing entrepreneurs.- (1) If any entrepreneur involve in any private
residential project before issuance of these rules and the project falls under
the identified and recommended developable land in the master plan area , To operate
the said private residential project he
shall apply to the authority for registration as per sub-rule 3 (2) within 60
(sixty) days from the promulgation of these rules.
(2) If any entrepreneur fails to apply within the period specified in sub-rule (1), all the activities of such entrepreneur shall be deemed as activities outside of this rules.
(3) The provisions of sub-rules 3 (3), 3 (4), 3 (5) and 3 (6) shall apply to the application under sub-rule (1).
5. Registration of formulator of Layout Plan.- (1) Every town planner, architect,
engineer, consulting firm or firm preparing a layout plan of a private
residential project shall be registered from the authority in accordance with
the provisions of these rules.
(2) In case of application for registration under
sub-rule (1), every person formulating a layout plan shall apply in the form
prescribed from the authority along with the following documents, namely:
(a) Attested
copy of educational qualification certificate and number sheet;
(b)
Trade licenses;
(c)
TIN number;
(d)
Value Added
Tax ( VAT ) registration number;
(e)
Certificate of Incorporation and Registration
Certificate including Memorandum of Understanding and Articles of Association ;
(f) Certificate of Technical Qualification, etc.
(3) Upon receipt of the application under sub-rule (2),
the Authority shall make arrangements for the necessary investigation within
the next 45 (forty-five) days to verify the veracity of the information mentioned
in the said application.
(4) If, after an investigation under sub-rule (3), the
authority is satisfied that-
a) the applicant is able to meet the conditions applicable to the formulation of a layout plan for a private residential project, it shall grant the application within that period;
b) the applicant is unable to fulfill the said conditions, it shall not grant the application with stating the reasons, and shall inform the applicant accordingly.
(5) If the application is granted under sub-rule (4) (a), the authority shall grant the registration to the applicant within 30 (thirty) days from the receive of the application subject to the payment of the prescribed fee for registration.
(6) Every town planner, architect, engineer, consulting
firm or firm preparing a layout plan for a private residential project shall
mention their name, address, signature and registration number in their design.
(7) Notwithstanding anything contained in sub-rule (6), in case of a design made by a advisory body or firm, the name and address of that body or firm should be mentioned in the design along with the name, address, signature and registration number of the registered town planner, architect, engineer and concerned professional who actually formulated the design.
(8) The Authority shall preserve the list of registrations under sub-rule (1).
Chapter Three
Conditions for Approval of Private Residential Projects, etc.
6. General conditions for approval of private residential projects.- Subject to the conditions mentioned in Rules 7, 8, 9 and 10 and in accordance with the following general conditions, approval of private residential project shall be granted and the entrepreneur must abide by the said conditions, namely: -
a) Proper completion and full development of the project within maximum 10 years as per approved final layout plan and development plan;
b) Always keep a copy of the approved layout plan in the site office of the project and display it immediately upon inspection by the authorized officer of the concerned organization;
c) The approved layout plan and other related designs shall not be altered or modified without the approval of the Authority or the Committee as the case may be;
d) No new area may be included under the approved project without the approval of the Authority or the Committee as the case may be;
e) Take necessary measures for the project area on the ground above the height of the water-flow range ( Highest on Flood Level);
f) Ensuring that, if there is any mine, beel, river, canal or any other reservoir in the project area, its water may flow without obstructing its flow so that it can flow to the canal, beel, river, gutter or reservoir at the end of the project;
g) The implementation of the project in accordance with the advice and instructions of the organization or institution as the case may be with the development of various utility service;
h) Ensuring that no waterlogging or environmental imbalance is created in the surrounding areas during the implementation of the project;
i) Submission to the Authority of the list of details of plots, transfer of plots and registration of all types of plots allotted or sold in the previous year in the project area by 31st January of each year;
j) According to the approved layout plan, no land earmarked and reserved for civic amenities can be converted into residential or non-residential plots under any circumstances and the responsibility for its maintenance during the development of the project rests with the entrepreneur and after completion of the project development work to be handed over to the local government or the municipal authority as the case may be or the local public welfare society for maintenance;
k) Transfer of space reserved for maintenance of various utility services in accordance with the rules and regulations of the concerned company which provide copies of all those allotments and transfer letters to the authority;
l) Interim water and power supply arrangements at the entrepreneur’s own expense if water and electricity supply facilities or arrangements are not available during the development of the project area;
m) The construction work of all the road network included in the project as per the approved layout should be duly completed up to bituminous carpeting and handed over to the local government or the municipal authority as the case may be;
n) Arrangements for construction of Waste Water & Sewerage Treatment Plant Composting Plant etc. at the own expense of the entrepreneurs in case the project area is out of Dhaka City Corporation and Dhaka WASA ;
o) Implementation of the project and construction of the building in accordance with the building code approved by the government by accepting the approval in accordance with project any type of building design to be constructed (even in case of self-installation of the entrepreneurial organization) The Building Construction Act, 1952 (EB Act II of 1953) and the conventional building construction rules;
p) Submission of Environmental Impact Assessment to the Authority in accordance with the Bangladesh Environmental Protection Act, 1995 (Act No. 1 of 1995) and the rules framed thereunder .
7. Conditions relating to land ownership and
rehabilitation of the victims.-
(1) The entrepreneur of a private residential project
shall be the sole and absolute owner of all (one hundred percent) land in the
project area, unless for any reason it is possible for any entrepreneur to
purchase a maximum of 10% of the project locally from any land or residential
house in the project area.(subject to the approval of the committee constituted
by the Government up to 15% in the special case) a proposal for land
acquisition may be submitted under the prevailing law and the entrepreneur
shall have to apply in favor of the proposal for acquisition of land in such
field with necessary rationale.
(2) The owner of the land or dwelling acquired under sub-rule
(1) shall pay an additional 50% of the value fixed in accordance with the
provisions of The Acquisition and Requisition of Immovable Property Ordinance,
1982 (Ordinance No. II of 1982) .
(3) Under sub-rule (1) the land is acquired to include in
the project, owners of affected houses shall be provided a rehabilitation plot less
than 50% of the developed plot value of the project within the project area;
(4) Arrangements shall be made for the rehabilitation of
all the victims who have houses in the project area and in case of such
natives, they shall be allotted rehabilitation plots on the land of the houses
where their original houses or infrastructure were located and a layout plan
shall be prepared accordingly.
(5) In the formulation of layout plan, if the land of the
affected persons of the original inhabitant’s road, sewerage or similar
essential is identified for civic amenities, then they should be allotted
rehabilitation plots at the nearest place as far as possible. The location and
rehabilitation plot of the affected person should be shown in the layout plan ;
Explanation:
In this sub-rule, ‘Native’ means a person who
has been living in that house or land since 1971 or before that or has acquired
ownership as an heir from the C, S record.
(6) in favor of the ownership of the project land, the applicant has to submit a No-Encumbrance Certificate in combination with mouza and C,S, dag, ledger, land deed, mutation and Receipt of all tax payment including up to date land development tax from the concerned Collector and Deputy Commissioner.
8. Conditions for determining the size and population of the project area.-
(1) In case of undertaking a private residential project, a minimum of 5
(five) acres within the Dhaka City Corporation area and a minimum of 10 (ten)
acres outside the City Corporation or municipal area shall be required.
(2) Non-residential projects, the highest population density per acre ( in Gross Density) of the population is calculated to be 350, and a detailed description of the project area shall be attached to the application.
9. Conditions regarding maximum salable land in the
project area, land use, protection of buyer interests.-
(1) Maximum 70(seventy) percent of the total developed
land in the private residential project area shall be salable and from the
point of view of urban planning, details of each house in the project area,
block, sector, adjoining house ( Block / Sector / Zone / Neighborhood ) a
detailed land use schedule should be prepared considering the estimated
population and displayed in the layout plan.
(2) 30 (thirty) percent of the land in the project area
shall be deemed to be completely unsold and this land shall be reserved for
various utility services including providing
necessary civic amenities to the residents of
the project area and various civic Amenities and utility services ( Space
Standards for Community Facilities ) as
per Schedule-3 shall be displayed in the layout plan.
(3)If the water of a canal, beel, river, canal or
reservoir flows over the project area and exits any canal, beel, sewer,
river channel or reservoir area or any land in the project area C, S, S, A and any land such as canal, beel,
sewer, river, canal or reservoir shown in the R, S design shall not be included
in the 30 (thirty) percent unsold land and legal action shall be taken against
the concerned entrepreneur if any canal, beel shown in the approved
layout plan in case of any deviation or if the plot is created and allotted by
narrowing the space of drains, rivers, canals or reservoirs etc.
(4) The interests of the buyer of the plot or land in the private residential project area shall be protected and the buyer’s interest should be covered by insurance and legal action shall be taken against the concerned entrepreneur if any complaint is raised regarding allotment, transfer and registration of plots.
10.
Conditions for formulation of layout plan.-
(1) Non-residential project in the village, on maps modern survey ( GPS based Survey ) and Existing Topographical Survey Map shall be made and the map shall show the existing agriculture- non agricultural, residential-non-residential with details reserved lands such as pond, reservoir, canals, rivers, beel, forestry etc. in the project area.
(2) In preparing the layout plan, the environment around the project area, beauty, transportation system, water retention, water and sewerage, drainage and other related matters shall be considered with utmost importance.
(3) 30 (thirty) percent of the land in the project area shall be reserved for civic amenities and various utility services and shall include road network (excluding main and secondary roads), educational institutions, raw market and market establishment, health system, religious institutions, community centers, parks, playgrounds and various utility services shall be prepared in accordance with Schedule-3 and Detailed Layout Plan for cemeteries has to be prepared by dividing the various civic amenities and utility services ( Specs Standards for Community Facilities ).
(4) to formulate layout plan shall follow guidelines of the master plan, the plan rules (Planning Rules) and other applicable rules and regulations in the case of necessity.
(5) Detailed Layout Plan of each ( Block / Sector / Zone / Neighborhood ) of the project area shall be prepared and in this case the following conditions must be fulfilled, namely:
(a) road communication system, size of project area, population and nearby Traffic Circulation consideration shall be maintained, the main road of the project ( main / primary road) width ( Right of Way or ROW) for a minimum of 60 feet, secondary roads ( secondary road ) width ( ROW ) Minimum 40 feet and width of Internal / Access / Residential Roads (ROW ) shall be minimum 25 feet and all these road network shall be constructed at the own expense of the entrepreneur as per recognized development rules, codes and standard specifications;
(b) Detailed Road Plan shall be prepared along with Road Divider, Median Strip, Footpath, Plantation etc. of the main roads and secondary roads of the project and , where applicable , provision should be made for Road Intersection, Foot-over Bridge, Pedestrian Facilities etc. Must be constructed in accordance with recognized development rules, codes and standard specifications.
(6)Private residential projects shall have the following Common Facilities , namely: -
a) Reservation and construction of necessary places for raw markets, markets, community centers, religious institutions, cemeteries, etc. on the basis of the population determined in the project area and It must be handed over to the local government or, as the case may be, to the municipal authority;
b) On the basis of the Population Size & Household in the project area, necessary space should be reserved for health centers, clinics, hospitals, etc. and arrangements shall be made to transfer such space to the Ministry of Health. With the approval of the authorities, such reserved space may be sold to a person or organization interested in setting up a modern health center or hospital;
c) To create a healthy environment in the residential project area and to preserve the required number of fields, parks, open spaces and green courtyards on the basis of the population as determined for recreation and construction of such reserved space and facilities at the entrepreneur’s own expense. Later with the approval of the local municipal authorities or authorities, To be handed over to any public welfare association;
d) The project area shall reserve space for various utility services such as water supply, sewerage, garbage removal, electricity, gas, telephone, police outpost / station, fire service, post office, bus stand etc. and such reserved space shall be reserved for all such services. It should be handed over to the concerned organizations such as WASA, Municipal Authority, DESA / DESCO / REB, Titas Gas, T&T, Police, Fire Brigade, Postal Department and other concerned agencies / institutions as per rules and regulations and where applicable to the entrepreneur, Infrastructural development of all this utility service has to be done.
e) The following educational institutions shall have facilities as per the layout plan of the residential project in the project area, viz.
I.
No matter how small the residential project
area, it should have at least one nursery school (with playground) ;
II.
Arrangements shall be made to determine and
establish the required number of primary schools on the basis of the population
determined in the project area and to provide playground resources considering
the number of students in each primary school;
III.
The number of high schools shall be
determined and established on the basis of the population determined in the
project area and the provision of playground shall be made keeping in view the
number of students in each high school;
IV. Arrangements shall be made to determine and establish the required number of colleges and institutions of higher study with suitable playgrounds on the basis of the population determined in the project area, However, by establishing colleges and institutions of higher study for the people outside of the project area, the life and environment of the people of the project cannot be harmed under any circumstances. The layout plan of the project should present the initial design of the college or higher education institution.
Chapter Four
Private residential project consultation method, etc.
11. Project ideas and consultation.- (1) The entrepreneur of any private residential project in the master plan area shall consult with the authorities on the following matters, namely: -
a) Unless an entrepreneur has started or completed the development work of the project or has not allotted or transferred the plot of the project by obtaining clearance or approval for the use of the design land of the private residential project prior to the issuance of these rules, In that case, within 6 months of the issuance of these rules, consultation in the form prescribed as per Schedule-1 , the approval or re-approval or revised approval of the private residential project shall be accepted, otherwise the activities of the said entrepreneur shall be deemed as activities outside of this rules;
b) In case of undertaking a
new project, the entrepreneur shall seek the following advice from the
authorities, viz.
I.
Neighboring
Environment of the Project Area, Project Site , Land Use in the form prescribed
as per Schedule-1
II.
master
plan ;
III.
land
survey;
IV. Land use policy, etc.
(2) If there is any impediment to the acceptance of the
proposed site project due to other reasons including the Reservoir Conservation
Act, environment, flood control and
drainage, the applicant under sub-rule
(1) shall be informed within sixty days from the receive of the application, In
case of failure to provide advice, legal action will be taken against the
concerned officials of the authority.
(3) Under sub-rule (1), such consultation shall not constitute any pre-approval or consent of the project.
12. Preparation of initial layout plan.- (1)After
receiving the advice regarding the private residential project, the
entrepreneur shall prepare the initial layout plan by confirming the ownership
of the project land in accordance with the appropriate rules and submit it for
the consideration of the authorities.
(2)After scrutinizing the initial layout plan of the
project framed in accordance with the rules and various aspects of the
information provided by the applicant, it shall be submitted to the Committee
for consideration within 60 (sixty) working days with the opinion of the
authorities.
(3)If any explanation is required on the submitted
information or any amendment is required in the initial layout plan, it must be
completed within this period and
submitted to the Committee.
(4)While considering the initial layout plan, the Committee shall, if necessary, arrange for a hearing of the affected public or organization (if any) locally to ensure ownership of the project land.
13. Finalization of layout plan.- (1) The Committee shall, after reviewing
various aspects of the information provided by the applicant, decide on the
finalization and approval of the layout plan of the private residential
project.
(2) If there is a need for any amendment or change in the finalization of the layout Plan or if it is approved, it shall be informed to the applicant within 30 (thirty) days of the meeting of the committee.
Chapter Five
Private residential project approval procedure, etc.
14. Application procedure for approval of a new
project.- (1) The following documents and information shall
be provided with the application for approval of the new project submitted by
the entrepreneur after receiving the advice regarding the private residential
project , namely: -
a) Application in the form mentioned in Schedule-2 ;
b) Information and documents relating to the organizational structure of the applicant person or entrepreneur or organization;
c) Attested copy of the registration certificate of the entrepreneurial organization for formulating and implementing of the project in accordance with Rules 3 and 4 as the case may be;
d) The original copy of the advice received under Rule 11;
e) The ownership of the land of the project, rehabilitation of the victims and other related information in accordance with the provisions of Rule 7;
f) The layout plan formulated in accordance with the provisions of Rule 10; And
g) The original receipt of the pay-order/bank draft of the fee deposited in accordance with the provisions of Rule 17;
h) Pre-Feasibility report of the project area ;
i) Earthquake Vulnerability Survey in the project area ;
j) Land Development Including Source of Materials of the project ;
k) Initial Environmental Examination Report ;
l) Detailed Land Use Schedule of the project ;
m) A report not more than 20-page on various civic amenities, development programs and other issues proposed in the project area;
n)
The following map, design and plan shall be
attached with the application form, namely:
(1)
marking the specific boundaries site plan of
the project area on the mouza map (scale 1 “= 330 ‘- 0”);
(2)
Project area on C, S / R, S map and location map of nearby major/ connecting
roads, canals, beels, wetlands, open spaces and all other important
installations (scale 1: 10,000);
(3)
Existing Topographical Survey May showing all
features (1“= 165 ‘-0”) with 1-0 “ Interval Contour ;
(4)
1” =
165’ –0 “scale of the project Detailed layout plan ;
(5)
The following 2 (two) sets of designs and
plans on a scale of 1“=330’-0”,Namely:
I.
Sector / Block / Zonal / Neighborhood Plan
including detailed sub-division of lands;
II.
Road Network Plan;
III.
Drainage Plan;
IV.
Utility Services Plan of Water Supply,
Sewerage System (Treatment & Final Disposal), Solid Waste Collection &
Disposal, Gas Supply, Electricity Supply, Telephone Facilities, etc.
V.
Traffic Circulation Plan;
VI.
any
other design, plan and information payable under this rule;
VII.
7 (seven) sets of each design, map and plan
on that basis (including any amendments) after final approval of the layout
plan by the committee;
VIII. one copy Mylar Print of the final approved project layout plan.
(2) The following clearances shall be attached
with the application, namely:-
a) Environmental
clearances from the Department of Environment regarding the impact and location
of the project on the environment;
b)
Clearance from the Dhaka
Transport Coordination Board for traffic management
(Traffic Circulation) in the project
area and adjacent areas;
c)
Clearance from the Bangladesh Water
Development Board for flood control and drainage facilities in the project area;
d)
Clearance from the Department of Geology
regarding the geological location of the project area;
e)
Clearance from Dhaka WASA or the concerned
water supply office for providing water supply and sewerage facilities in the
project area;
f)
Clearance from DESA / DESCO / REB or the
concerned power office for the provision of electricity facilities in the
project area;
g)
Clearance from
Titas Gas Transmission and Distribution Company Limited or the concerned Gas
Transmission and Distribution Company for the provision of gas facilities in
the project area;
h)
Provide telephone facilities in the project
area from the Bangladesh Telephone and Telegraph Board;
i)
Clearance from the Dhaka City Corporation or,
as the case may be, the municipality for the provision of facilities for the
removal of household waste in the project area;
j)
Clearance from KPI DC (where applicable);
k) Any other documents or information required by the Authority or the Committee as the case may be in accordance with the provisions of these Rules.
(3)The application filled with all the documents and information as per the provisions of this rule shall be submitted along with the Chairman, RAJUK, RAJUK Bhaban, Dhaka-1000.
15. Application procedure for revision, re-approval
or renewal of the project.-
(1) The following documents and information shall be provided with the
application for re-approval or renewal of any project approved by the Authority
after receiving advice on private residential projects, namely: -
a. application
in the form mentioned in Schedule-2;
b.
the original copy of the advice under Rule
11;
c.
Submission of land ownership (land deed, mutation, up to date, rent
receipt, ledger, etc.) information and documents of developed and under
development land on the basis of
previous approval or clearance with latest approved design, layout plan and
approval letter or land use clearance in favor of project acceptance or
development.
d.
the ownership of the land of the project,
rehabilitation of the victims and other related information in accordance with
the provisions of Rule-7;
e.
the layout plan prepared in accordance with
Rule 10 and its provisions;
f.
all information, documents, prepared layout plan
and clearances of various departments as per the provisions of Rule 14;
g.
the original receipt of the pay-order / bank
draft of the fee deposited in accordance with the provisions of Rule 17;
h.
Environmental Impact Assessment of the
project .
i.
Details of sale / allotment of project land
or plot, transfer and registration of land, development of various civic
amenities and reserved land, utility services and development expenditure; And
j. any other documents or information required by the Authority or the Committee as the case may be in accordance with the provisions of these Rules.
(2) The application filled with all the documents and information as per the provisions of this rule shall be submitted along with the Chairman, RAJUK, RAJUK Bhaban, Dhaka-1000.
16. Application disposal, project approval, publicity
etc.- (1) For the
approval of a private residential project, the application shall be disposed of
by the authority within 150 (one hundred and fifty) days of receipt of the duly
submitted application.
(2) If any
information in the application form mentioned in sub-rule (1) or any document
or document submitted with the said application appears to be incomplete or
erroneous to the authority or committee, final disposal of the application form
after providing complete and correct information, documents or papers . And in
such case the following procedure shall be followed, namely: -
a) after the approval of any project by the Committee, it shall be duly communicated to the applicant;
b) the applicant shall submit to the authority 7 (seven) forms of the layout plan finally approved by the committee;
c) Each copy of the approved layout plan shall be signed by the members of the committee and one copy thereof shall be given to the committee and 4 (four) copies with the letter of approval shall be given to the applicant and the remaining copies shall be kept with the authority.
(3) No advertisement or publicity work shall be conducted for the sale or allotment of any plot or land or building in the proposed project area before the approval of the concerned private project by the authority and any sign board, advertisement, Publicity or communication letter related to the project should be mentioned the approval number.
(4) The development work of the project area shall be carried out in accordance with the approved development rules, codes and standard specifications and the development plan of the project (filling, excavation, construction, etc.) shall be submitted to the town planner, architect, engineer in accordance with Schedule-4 Certificate of Supervision should be submitted every 6 (six) months .
17. Project approval fees, etc.- The following fees should be paid along with the new project approval, re-approval and amendment application submitted by the entrepreneur after receiving advice on private residential projects, namely: -
(1) Taka 3,000 /= (three thousand) per acre for new project approval;
(2) In case of any amendment to the layout plan without increasing the project area after the approval of the layout plan of the project, an additional 25% fee of the fee previously paid as per clause (1);
(3) In case of amendment in the layout plan including increase in project area, additional 50% fee of the fee paid earlier for the revised area including the fee prescribed as per clause (1) for the newly extended area;
(4) If the full development activities of the project area are not completed within 10 (ten) years after the approval of the project, the approval will be revoked and re-approval will be required and in such case for unfinished or undeveloped area with payment of new fee as per clause (1) with an additional 50% fee;
(5) Taka 1000/= (one thousand) per copy in case of supply of certification, copy of approval letter and approved layout plan;
(6)
All the fees payable under this rule may be
paid through pay-order or bank daft along with “Chairman, RAJUK, RAJUK Bhaban,
Dhaka1000” from any scheduled bank of Bangladesh Bank located in Dhaka
metropolis and its original receipt along with the application form must be
attached.
Chapter
Miscellaneous
18. Formation of committee.- (1) For the purpose of this rule, the Government may constitute one or more committees consisting of one or more members.
(2) The Committee shall perform the duties assigned by the Government from time to time.
19. Special control.- In the case of land development and construction of private residential projects, defense controls, key-point Installations, national security, aviation and telecommunications, seismic risk bans or any other government restrictions for a particular area issued by Government will be effective.
20. Notice issuance.- For the purpose of these rules , under the relevant sections of The Town Improvement Act 1953 (EB Act XIII of 1953), The Building Construction Act, 1952 (EB Act II of 1953) the Reservoir Conservation Act (Act No. 36 of 2000), Bangladesh Environmental Protection Act 1995 (Act No. 1 of 1995) all notice or order may be issued in the conventional manner.
21.Project Completion Report.- (1) After the proper
development of the approved project, the completion report of the project shall
be submitted and the said report shall be accompanied by the As-Built
Development Plan of the project, full details of land / plot allotment, project
development income-expenditure and final environmental survey report.
(2) The entrepreneurial organization shall, after the
completion of the development work of the project, submit an annual report on
the effectiveness of the said project for the next 5 (five) years.
Download Link: The Private Residential Project Land Development Rules-2004
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