LOCAL AUTHORITIES (STANDARD BY-LAWS) ACT, No, 6 OF 1952

BY-Laws published by the Minister-in-Charge of the subject of Local Government in the North Western Provincial council made by virtue of the powers vested in him under Section 2 of the Local Authorities (Standard By-laws) Act, No. 6 of 1952, read with Section 2(1) (a) of the Provincial Councils (Consequential Provisions) Act, No, 12 of 1989.

Pradeshiya Sabhas are empowered to frame by-laws containing the provisions of this by-laws under the provisions of Sections 122 and 126, read with Section 221 (a) of the Pradeshiya Sabha Act, No. 15 of 1987 and all Pradeshiya Sabhas in the North Western Province are authorized to adopt this by-laws under the provisions of Section 2 of the Local Authorities (Standard By-laws) Act, No. 6 of 1952.

By-laws published in Part (IV) (A) of the Gazette of the Democratic Socialist Republic of Sri Lanka No. 1036 of Friday, July 10, 1998 on ‘ Blocking-out and Sale of Land for Housing and Property Development is hereby repealed.

1. This by-laws is cited as ” By-laws for Real Estate Development and Blocking-out and Sale of Land in the North Western Province ” and will be in force from the date of publication in the Gazette of the Democratic Socialist Republic of Sri Lanka.

2. This by-laws arc made to regulate the development of a land or a part of a land, blocking-out into four or more blocks for sale, disposal or any other purpose, in extent of 0.2 Hectare or more within the administrative area of a Pradeshiya Sabha

3.

(1) If any person intends to block out a land in extent of 0.2 Hectares or more into four or more blocks shall submit a development proposal to the Chairman of the Pradeshiya Sabha where the land is situated, indicating the layout and intended development activities to be performed before. while and after such blocking-out and obtain prior approval for such development plan before implementation.

(2) The owner of the land or the auctioneer or the seller or the broker or the servant or the agent making the application seeking approval for the development plan shall submit the under-mentioned documents and any other additional document requested by the Chairman of the Pradeshiya Sabha. If the applicant has been failed to do so the application shall be rejected and such rejection shall be informed to the applicant.

(a) If the land proposed for blocking-out is one hectare or more in extent a report obtained from the Environmental Authority of the North Western Provincial Council indicating that there will be no damage to the environment due to the proposed blocking-our.

(b) If the land proposed for blocking-out is a paddy land the approval of the Commissioner of Agrarian Services.

(c) If the land proposed for blocking-out is a coconut land in extent of 0.4 hectare or more the approval of the Coconut Cultivation Board.

(d) If the land proposed for blocking-out is situated within the coastal area the approval of the Director of Coast Conservation of the Coast Conservation Department.

(e) If the land proposed for blocking-out is under the cultivation of minor export crops or rubber or tea the approval of the Department of Minor Export Crops or Rubber Controller or Tea Commissioner as relevant.

(f) If the land proposed for blocking-out is subject to complete or partial filling the approval of the Sri Lanka Land reclamation and Development Corporation.

(g) If pipe borne water is not provided under the proposed development plan recommendation from the Water Resource Board regarding the availability of drinking water.

(h) If the land proposed for blocking-out is situated adjoining or in an area affecting the protection of a reserve or a sensitive area, recommendation of the Government or Provincial Council agency for declaration or the agency of custodian of such reserve or sensitive area.

(i) Application shall contain the information on proposed number of blocks, smallest number of blocks, largest number of blocks, width of the internal roads, waterways, hills and slopes, holes and if any diversion of water flows.

4. When the application is accepted the Pradeshiya Sabha shall cause a notice of such acceptance for the information of the public. This notice shall be published in a conspicuous place in the land. Pradeshiya Sabha, Divisional Secretariats in the Pradeshiya Sabha area and any other place that the Chairman thinks appropriate and the notice shall provide not less than thirty days from the date of the notice for submitting objections for blocking-out, by any intended people, group of people, public representatives, public organizations, civil organization, etc., and the last date of acceptance of objections shall be clearly indicated in the notice. A copy of the application and the copies of relevant documents submitted along with the application shall be made available at the Pradeshiya Sabha for inspection by the public and the notice shall contain an endorsement of it.

5. In expiry of the last dale of objection mentioned in the notice a committee comprised of the Chairman of the Pradeshiya Sabha, Vice Chairman of the Pradeshiya Sabha, substantial number of members of Pradeshiya Sabha representing all the political parties, Secretary of the Pradeshiya Sabha shall approve or reject the application by inspecting the application and relevant documents and taking into consideration the objections submitted if any. Members of She committee shall be an odd number and the decision of he majority shall be the decision of the committee.

6. Pradeshiya Sabha may grant the approval for an application in extent of 0.2 to 5 hectares including five. Prior to granting approval for an application in extent of 5 to 10 hectares including ten Pradeshiya Sabha shall obtain the written approval of the Provincial Commissioner of Local Government of the North Western Provincial Council. Prior to granting approval for an extent more than 10 hectares the Pradeshiya Sabha shall obtain the written approval of the Minister in-Charge of the subject of Local Government in the North Western Provincial Council.

7. Without obtaining the prior approval for the development Plan, shall not damage, remove, fell or uproot any permanent crops in the land or in a part of it, shall not block-out, dispose, sell or transfer the land or a part of it and shall not cause any notice for sale of the land. If any one or more of these activities had been executed, by itself the Pradeshiya Sabha shall reject the application.

8. The approval of the Chairman shall be obtained for a blocking- out plan, hereinafter called sub-division, prepared by a approved surveyor according to the approved development plan.

9.

(1) The minimum extent of a block of land for residential purposes shall be 0.0375 hectare (15 Perches) and the minimum extent of block of land for non-residential purposes shall be 0.0152 hectares (6 Perches).

(2) Minimum width of a residential block shall be 12 meters.

10.

(1) All internal roads within the blocked out lands shall conform to under-mentioned standards.

Number of BlocksMaximum length of the Road (Meters)Width of the Road (Meters)04 or less500305 to 810004.509 to 20-06Above 20-09

(2) When any internal road is not connected to another, such unconnected end of the road shall be constructed as a vehicle turning circle with a diameter not less than 09 meters.

(3) Any end of connecting two roads shall be rounded and not angular shaped in order to assure the security of the users.

(4) The roads thus constructed shall be developed as instructed by the technical officers of the Pradeshiya Sabha and standards laid down.

11.

(1) When the extent of the land is 1 hectare (2.47 acres) or more and the extent of the smallest block is to be 0.1 hectare (40 Perches) or more an extent of land equivalent to five percent (5%) out of the balance extent leaving out the extent used for roads shall be reserved for community and welfare amenities.

(2) When the extent of the land is 1 hectare (2.47 acres)-or more and the extent of a block of land is less than 0.1 hectare (40 Perches) an extent of land equivalent to ten percent (10%) out of the balance extent leaving out the extent used for roads shall be reserved for community and welfare amenities, common wells and when it is necessary for cemeteries. The lands so reserved to the Pradeshiya Sabha shall be in good condition ,and utilizable for the intended purposes and shall not be rocky or marshy lands. (a) If pipe-borne water facility is not provided, based on the number on blocks available for auction a common well for a unit of 40 blocks or lesser number of blocks shall be constructed and handed over to the Pradeshiya Sabha along with the land in which the well is constructed.

(3) It is compulsory to provide pipe-borne water to every block of land if the number of blocks exceeds 40 and the water supply system and the source of providing water shall be constructed before sate or disposal of the blocks.

4) Reservations shall be provided if any natural watercourse. lake or pond is in existence in the land and shall be included and shown in the sub-division.

(5) After the approval of the sub-division (blocking-out plan) and before the commencement of the sale the blocks of lands reserved for community and welfare amenities, common wells and cemetery shall be transferred by a notarial deed to the Pradeshiya Sabha without any cost to the Pradeshiya Sabha.

(6) (a) After the effective date of this by-laws, if any land in the extent of one hectare or more is fragmented into two or more blocks, in extent of less than one hectare, and sold. disposed or transferred at one instance or number of instances before the expiry of a period of 10 years the requirements of Sub-sections (I), (2) and (3) of this Section shall be calculated according to the original extent prevailed in the land on the date that this by-laws came into effect. (b) The period of ten years of above Sub-section will be counted from the date of registration of deeds executed the fragmentation of land into two or more.

12. Approval of the Pradeshiya Sabha shall be obtained for the use of a name other than mentioned in the deed for any land or a part of any land subject, to the development or for naming the internal roads.

13. Validity of the approved development plan will be 06 months and if any applicant fails to gel approved the sub-division within such period, the Chairman has the authority to extend the validity for two consecutive periods of three months on a written request made by the applicant.

14. Validity of the sub-division after its approval will be for 01 year and if the blocks of lands were not sold entirely within the period of validity the chairman may extend the period of validity for two consecutive six months periods on a written request made by the applicant.

15.

(1) Pradeshiya Sabha shall approve or reject the development plan submitted along with the reports mentioned in sub-section 2 of Section 3 in this by-laws, within a period of three months after the receipt of it. Also the sub-division (blocking-out plan) mentioned in Section 8 shall be approved or rejected within a period of four weeks after the receipt of it to the Pradeshiya Sabha.

(2) If the application is rejected, applicant shall be informed in writing the reasons for such rejection within the period stipulated in Sub-section (1) above.

(3) If the Pradeshiya Sabha fails to act as provided in Sub-sections (1) and (2) above the applicant may submit an appeal to the Commissioner of Local Government of the North Western provincial Council.

16.

(1) All persons, institutions, investors, companies, and brokers engaged in the business of real estate development and blocking-out and sale of land in the administrative area of North Western Provincial Council shall register in the office of the Commissioner of Local Government of the North Western Provincial Council. Under- mentioned fees shall be paid for such registration.

(1)First RegistrationRs. 10,000(2)Annual Renewal of RegistrationRs. 2,000

(2) After obtaining the approval for the development plan an amount equal of 10% of the present commercial value of the land shall be deposited in the office of the Commissioner of Local Government of the North Western Provincial Council. Otherwise a bank guarantee equal to the same amount shall be forwarded to the office of the Commissioner of Local Government of the North Western Provincial Council. The deposit or the bank guarantee could get released once the development of land was completed following the provisions of Shis by-laws.

(3) A monthly report in accordance with the form shown in Schedule 1 of this by-laws shall be furnished to the Pradeshiya Sabha by the applicant, starting from the date of commencement of sale, transfer, disposal in order to facilitate the recovery/payment of 1% tax to be paid to the Pradeshiya Sabha under the provisions of Section 154 of the Pradeshiya Sabha Act, No. 15 of 1987.

17. Under-mentioned inspection fees for the purpose of granting approval for the development plan and for the sub-division shall be paid to the Pradeshiya Sabha by the applicant.

18. Any person contravenes this by-laws shall be guilty to an offence, and on conviction by a court of law with competent jurisdiction shall be liable to a fine not exceeding seven hundred and fifty rupees and in the case of continuing offence shall be liable to an additional fine not exceeding two hundred and fifty rupees for every day during which such offence is continued. Person so convicted shall be liable for cancellation of the registration made under Section 16 (1) of this by-laws and the person, institution, investor, company, broker subject to such cancellation shall be recorded in the register of blacklists.

19. For the purpose of this by-laws:

” Chairman of the Pradeshiya Sabha ” means the Chairman of the Pradeshiya Sabha. of the area in which the land is situated.

” Secretary of the Pradeshiya Sabha ” means the Secretary of the Pradeshiya Sabha. of the area in which the land is situated.

” Pradeshiya Sabha Area ” means the Pradeshiya Sabha area in which the land is situated.

” Paddy Land ” shall have the same meaning given in the Agrarian Development Act, No. 46 of 2000.

” Development” shall have the same meaning given in the Town and Country Planning Ordinance (Chapter 269).

” Coconut Land ” means a land which is or which was under coconut cultivation as the dominant crop.

” Land under the cultivation of minor export crops” means a land registered under the Department of Minor Export Crops.

“Land under the cultivation of rubber “means a land which is or which was under rubber cultivation as the dominant crop.

” Land under the cultivation of tea ” means a land which is or which was under tea cultivation as the dominant crop.

” Approved Surveyor” means a person authorized under the Survey Ordinance, to act as a Surveyor.

” Residential ” means a building or buildings consisting of one room or more with facilities for sleeping, cooking and sanitary facilities independently.

” Non-residential ” means any purpose other than residential purpose.

” Sub-division ” means a blocking-out plan of a land.

” Sensitive area” shall have the same meaning given in the Environment Statute. No. 12 of 1990 of the North Western Provincial Council.