New UDA regulations: Annual licences for building owners
Sri Lanka’s new urban development and planning regulations require building owners to obtain annual licences if they wish to change the use of their property from, for instance, residential to commercial activity.
The Urban Development Authority (UDA) Planning and Development Regulations were revised and published for the first time in 35 years. The gazette was issued earlier this month. “The previous regulations were oriented towards development control,” said Lalith Wijeratne, the UDA’s Director Colombo Metro Region. “The new regulations are oriented towards development and are investment-friendly.”
The regulations have also introduced uniform application forms for various approvals whereas earlier there were often different ones in different parts of the country. The green buildings concept has been regularised.
Commercial activity--which was a blanket term earlier--is now defined as “office buildings, hotels, motels, guest houses, public lodgings, shopping centres, supermarkets, restaurants and car parks”. Residential use is similarly divided into 11 sub-categories, hotels into seven and educational into 10. This makes it simpler when applying for approvals.
The guidelines are meant to be updated at least every 10 years to reflect changing social, economic and environmental landscapes. However, this had not been done. The latest regulations, published in a 155-page document that includes sample application forms, detail the processes for obtaining preliminary planning clearance; land subdivision, amalgamation and development; construction, alteration and renovation of buildings; and so on.
No building shall be occupied for any purpose except for which the certificate of conformity (CoC) was issued, the regulations state, while empowering the UDA to check the usage of the property and to notify the owner or occupier who has violated permit conditions to apply for a “change of use” certificate. Prescribed conditions must be met for approval to be granted. It is valid for one year. At present there are hundreds of residential properties in urban centres rented out for commercial activity.
The UDA will issue a green building certificate for every development activity of 1,000 square meters or more, except industrial buildings and factories. The many fees charged by the Authority have also been changed. The UDA Chairman had delegated some of the powers of issuing approvals to local bodies.
Meanwhile, Prime Minister Mahinda Rajapaksa, in his capacity as subject Minister, approved a slew of development plans this week. They include development plans for the Municipal Council limits of Ratnapura, Kandy, Badulla, Negombo and Moratuwa; and the Pradeshiya Sabha limits of Kalpitiya, Kataragama, Kelaniya, Biyagama and Nintavur.