Read the Ordinance Care fully.

Only registered /empaneled Private Professionals (Town Planner/ Architect / Engineer/Draughtsman/ Surveyor)with Himachal Pradesh Town and Country Planning Department can apply.

Pay Application Fee Rs. 1000/- only + Rs. 100/- only as e- Charges for online Applications.

Know your Client well

Registration, Qualification and Duties of Private Professionals.
All the plans attached with the applications submitted under rule 15 and sub-rule (1) of rule 16 shall be prepared, designed and signed by Registered Private Professionals in accordance with the provisions of Appendix- 10 of these rules.

Registration, Qualification and Duties of Private Professionals.
All the plans attached with the applications submitted under rule 15 and sub-rule (1) of rule 16 shall be prepared, designed and signed by Registered Private Professionals in accordance with the provisions of Appendix- 10 of these rules.

Form of application for permission for development

Any person not being the Union Government or the Government, a local authority or any Authority constituted under the Act, shall apply for development under sub-section (2) of section 15-A or clause (a) of section 16 or of sub-section (1) of section 30 or section 30-A (beyond the limits as specified under section 30- A ) of the Act, as the case may be, in form-11 for sub-division of land and form-12 for construction of building along with the Specifications and Schedule of Area attached with the application form.

Form of application for permission for development

Any person not being the Union Government or the Government, a local authority or any Authority constituted under the Act, shall apply for development under sub-section (2) of section 15-A or clause (a) of section 16 or of sub-section (1) of section 30 or section 30-A (beyond the limits as specified under section 30- A ) of the Act, as the case may be, in form-11 for sub-division of land and form-12 for construction of building along with the Specifications and Schedule of Area attached with the application form.

Appeal, Form and manner of filing appeal

Any applicant aggrieved by any
order granting permission on conditions or refusing permission under section 31 of the Act or any
order passed under any of the provisions of the Act may, within 30 days from the date of
communication of such order to him, prefer an appeal in writing to an Officer not below the rank of
Secretary, appointed by the State Government in this behalf in the following manner on form-16.
(i) It shall specify the date of order against which the appeal is made. A copy of the
order thereof shall be attached;
(ii) It shall specify a clear statement of facts and the grounds on which the appeal is
made;
(iii) It shall specify precisely the relief prayed for; and
(iv) It shall contain the following verification certificate duly signed by the
applicant(s):-
“I …………………………do hereby declare that the fact and contents stated
above are true to the best of my knowledge and belief”.
(2) The appeal under sub-rule (1) shall be accompanied by a fee of Rs. 100/- through
Treasury Challan or through e-payment.
Note: These charges will be increased by 10% after a block of 5 years from the date of
commencement of these rules. It will be rounded off to the nearest rupee.

Composition of offences

1. Any person, not being the Union Government or Government or a Local Authority or an Authority constituted under the Act, may apply, under subsection (1) of section 39-C of the Act, in form- 26 to the Director for composition of offences. The permission for composition of offences shall be conveyed in form- 27.

Certificate of Registration.—(1) An application for registration as Promoter or as an
Estate Agent, shall be made in form-34 and form-35 respectively and shall be accompanied by a
fee of Rupees fifty thousand in the case of a Promoter and Rupees ten thousand in the case of an
Estate Agent by way of e-challan or challan or in the form of a demand draft drawn in favour of the
Director.
(2) The Certificate of Registration shall be issued by the Director in the case of a Promoter
in form -36 and in the case of an Estate Agent in form-37.
(3) In case applicant intends to withdraw his application for registration at the processing
stage, he shall be entitled to the refund of 75% of fee paid.
(4) No fee shall be refunded in case the registration is cancelled on account of
contravention of any of the provisions of the Act or these rules and the security deposit shall be
forfeited.
(5) Before cancellation of registration, a public notice shall be given in leading
newspapers for information of the general public.
Note : These charges will be increased by 10% after a block of 5 years from the date of
commencement of these rules. It will be rounded off to the nearest rupee.

Certificate of Registration.—(1) An application for registration as Promoter or as an
Estate Agent, shall be made in form-34 and form-35 respectively and shall be accompanied by a
fee of Rupees fifty thousand in the case of a Promoter and Rupees ten thousand in the case of an
Estate Agent by way of e-challan or challan or in the form of a demand draft drawn in favour of the
Director.
(2) The Certificate of Registration shall be issued by the Director in the case of a Promoter
in form -36 and in the case of an Estate Agent in form-37.
(3) In case applicant intends to withdraw his application for registration at the processing
stage, he shall be entitled to the refund of 75% of fee paid.
(4) No fee shall be refunded in case the registration is cancelled on account of
contravention of any of the provisions of the Act or these rules and the security deposit shall be
forfeited.
(5) Before cancellation of registration, a public notice shall be given in leading
newspapers for information of the general public.
Note : These charges will be increased by 10% after a block of 5 years from the date of
commencement of these rules. It will be rounded off to the nearest rupee.
Fee for renewal of registration

1. The fee for renewal of registration as a Promoter or an Estate Agent, shall be Rupees twenty five thousand and Rupees five thousand respectively and shall be payable by way of e-challan or challan or demand draft.

2. In case applicant intends to withdraw his application for renewal of registration at the processing stage, he shall be entitled to the refund of 75% of fee paid. Provided that the application is made in form -38 in the case of a Promoter and in form- 39 in the case of an Estate Agent at least three months before the expiry of the period of Certificate of Registration.

Fee for renewal of registration

1. The fee for renewal of registration as a Promoter or an Estate Agent, shall be Rupees twenty five thousand and Rupees five thousand respectively and shall be payable by way of e-challan or challan or demand draft.

2. In case applicant intends to withdraw his application for renewal of registration at the processing stage, he shall be entitled to the refund of 75% of fee paid. Provided that the application is made in form -38 in the case of a Promoter and in form- 39 in the case of an Estate Agent at least three months before the expiry of the period of Certificate of Registration.

Returns

The Promoter shall furnish to the Director half yearly return within three months from the date of completion of six months in form- 45 showing the amount received from the prospective allottees of apartments and plot holders during that period, and amount spent on construction of apartments and on the development of plots, and the balance amount deposited in a Bank for development works in the colony or for construction of apartment or for apartments constructed and sold, plots developed and sold and apartments under construction and colonies under development.

Returns

The Estate Agent shall furnish annual return to the Director in form-46 within a period of three months of the close of Financial Year indicating the names and addresses of the sellers and purchasers of the plots and apartments and dates of execution of conveyance deeds.

Application for licence and documents to be used and fee to be paid for
granting of licence.—
(1) Every Promoter who desires to develop any land into a colony or desires
to construct apartment or building upon any land shall make an application in
writing in form-47 to the Director for granting a licence under section 78p of 
the Act and shall furnish therewith:-
(a) proof/receipt of e-challan or copy of Challan or a demand draft drawn in
favour of the Director, for a sum calculated at the rate of Rupees one hundred
per square Metre of plot area as licence fee;
(b) Copy of Permanent Account Number (PAN) and Income Tax returns of the
preceding 3 years;
(c) Statement of affairs clearly indicating the detail of Assets and Liabilities duly
certified by the Chartered Accountant.
(d) the following Plans, Drawings and other documents shall be submitted, namely:-
(i) a copy of latest jamabandi in original showing the title/ownership of the
Promoter in the land under the colony or apartment or building;
(ii) a copy of latest original tatima showing Khasra number(s), description and
area of land in question, abutting path with its width as well as adjoining
Khasra numbers falling on all the outer limits/ boundaries of the land in
question. The land applied for shall be shown in red, in the tatima;
(iii) three sets of Location Plan in the scale of 1:1000 showing North direction,
indicating the land in question, showing main approach road(s), name of
road(s) on which the property and boundaries abuts, important public
buildings like hospital, school, cinema, petrol pump, existing land uses /
building uses surrounding the land;
(iv) three sets of Site Plan in the scale of 1:200 showing North direction and all
the boundaries of land in question, abutting path with its width, natural
features like nullahs, ponds, trees, slopes, contours at an interval of 5.00
Metre if the land is undulated, high tension lines passing through or
adjoining the land, existing roads, highways showing the right of way,
railway lines, airports with their specification(s) and boundaries, showing
details of utilities and services like water supply, drainage, sullage, sewage,
sewerage alongwith disposal of drainage, sullage, sewage, position of
septic tank, soak pit, rain harvesting tank, electric and telephone poles,
showing manner and site for muck disposal, and all such other matters
which need to be co-ordinated with the adjoining area;
(v) for sub-division of land into plots, three sets of Drawings in the scale of
1:100 showing North direction, dimensions and area of plots, internal
roads, set backs, parks and open spaces, community buildings such as
school, dispensary, post office, bank etc. and all development proposals
including a general report and mode so as to make scheme self explanatory.
In case of colony, clearly indicating the mode and manner to reserve 25% of
developed land including plot or building or apartment reserved for
Economically Weaker Section, Low Income Group of society and bonafide
Himachalis, with area of each plot or building or apartment earmarked
clearly on the Drawings;
(vi) for construction of building, apartment, colony etc., three sets of Drawings
in the scale of 1:100 showing North direction, dimensions and area of
building, apartment, colony etc. and other architectural details and
specifications of proposed building, apartment, colony and all development
proposals including general report etc. alongwith schedule of built up and
open area, set backs, area calculation sheet of each plot or apartment and
any other information or document or Plan or Design, as may be required by
the Director;
(vii) an explanatory note explaining the salient features of the proposed colony,
in particular the source of whole some water supply arrangements and site
for disposal and treatment of storm and sullage water.Detailed
specifications and designs of water supply schemes, storm water, sullage,
sewage and sewerage with estimated costs of each component with cost
analysis thereof;
(viii) three sets of Drawings showing the cross-sections of the proposed roads
indicating, in particular the width of the proposed drainage ways, cycle
tracks and footpaths, green verges, position of electric poles, telephone
poles and of any of other works connected with such roads. These Drawings
shall indicate the position of sewers, storm water channel, water supply and
any other public health services. The detailed specifications and designs of
roads, works and component wise estimated cost with cost analysis thereof;
(ix) a set of detailed specifications and structural design of buildings or
apartments with the detailed component wise estimated cost of buildings or
apartments and an undertaking in the shape of affidavit regarding the
structural design and soil investigation report and construction thereof;
(x) a set of detailed specification and design for electric supply including street
lighting with component wise estimated cost with cost analysis of each
component;
(xi) an undertaking in the shape of affidavit to the effect that while constructing
the building or apartment, the Promoter shall abide by and conform to the
Himachal Pradesh Public Works Department’s specification(s) for the
quality of material to be used and quality of constructions;
(xii) a note indicating the type of development proposed i.e. land use or building
use, namely residential or commercial or industrial or public and semipublic
etc; and
(xiii) the name and address of the registered Town Planner/ Architect/ Engineer.
Note:- The Location Plan, Site Plan and Drawings can be drawn on single sheet or in
multiple sheets depending upon the size and area of the land or building or
apartment or colony, as the case may be.
(2) The Plans and Drawings specified in clause (d) of sub-rule (1) shall be clear and
legible on A0 prints.
(3) If the Promoter wants to be exempted from providing any one or more of the
amenities in a colony, he shall furnish detailed explanatory note in duplicate
alongwith the application and if necessary indicating the reasons as to why the said
amenity or amenities need not or can not be provided.
(4) In cases where the Promoter applies for withdrawal of application before the
issue of letter of intent under rule 52 of these rules, licence fee to the extent of 10%
or Rupees fifty thousand whichever is more, shall be retained as processing fee in
the office
of the Director and the remaining amount shall be refunded to the Promoter within
one month from the receipt of application. In case where letter of intent has been
issued to the Promoter and he fails to complete the formalities or is not interested
for the grant of licence, 20% of the licence fee or Rupee one lac only which ever is
higher, not exceeding entire deposited licence fee, shall be retained as processing
fee in the office of the Director and remaining amount shall be refunded to the
Promoter.
(5) In case where the Promoter surrenders a license or a license is cancelled otherwise,
before starting a project, in such case, only development charges as deposited under
section 78p of the Act shall be refunded. In case where the Promoter has not paid
the service charges under section 78zd of the Act and his license is cancelled, in
such case, the service charges shall be made good from the development charges.
Before cancellation of registration, a public notice shall be given in leading
newspapers for information of the general public, to invite objections against
cancellation.
(6) The information regarding cancellation shall be sent to the Government.
Renewal of license.

1. In case the Promoter fails to complete the project as per terms and conditions of Licence within a period of three years as specified in sub-section (4) of section 78p of the Act, he may make an application to the Director in form--52 for the renewal of his licence at least one month before the expiry period of the licence and shall be accompanied by :-

  1. A demand draft or proof of e-challan or copy of Challan for a sum calculated at the rate of 50% of the fee prescribed in rule 51 for issuing a licence as renewal fee in favour of the Director.
  2. Income Tax returns of the preceding 3 years.
  3. An explanatory note clearly indicating the details of development works, which have been completed or are in progress or are yet to be undertaken in conformity with approved plan.
  4. The original licence; and.
  5. Reasons for non-completion of development works as required as per terms and conditions of the licence granted.
Form of application for enforcement of conveyance deed.

The application for enforcement of conveyance deed under sub-section (1) of section 78y of the Act, shall be made in form- 57.

Registration/Empanelment of Structural Engineers