REGULATORY MAPPING: GUIDE BOOK ON LOCAL GOVERNMENT SERVICES URBAN COUNCILS VERSION ONE

REGULATORY MAPPING: GUIDE BOOK ON LOCAL GOVERNMENT SERVICES URBAN COUNCILS VERSION ONE July, 2007

Copyright 2007 The Asia Foundation For reproductions of this publication please contact: 3 1/A Rajakeeya Mawatha Colombo 7, Sri Lanka Phone: +94 11 2698356 Fax: +94 11 2698358 www.asiafoundation.org All rights reserved Printed in Sri Lanka

iii Contents Contents Introduction.................................................................... iv Regulatory Mapping User Guide..................................................... v 1. Assessment Tax................................................................ 1 2. Building Permits................................................................ 9 3. Butchers Licence............................................................... 17 4. Certificate of Conformity (C of C)................................................. 23 5. Certificate of non-vesting......................................................... 29 6. Club License................................................................... 33 7. Entertainment Tax.............................................................. 39 8. Environment Protection License................................................... 43 9. Leasing of market stalls owned by the Urban Council.................................. 49 10. Permit for Advertisement Placed for the Attention of the Public.......................... 53 11. Parking of Vehicles............................................................. 57 12. Permit for Subdivision and Development of Land..................................... 61 13. Public Performance Licence...................................................... 67 14. Registration of Change of Owners of Land and Buildings............................... 75 15. Street line Certificates........................................................... 79 16. Trade Licence and Trade Tax...................................................... 83 17. Vehicle and Animal Tax.......................................................... 91 18. Water Supply.................................................................. 95 19. Miscellaneous Services by Urban Councils........................................... 101

Regulatory Mapping: Urban Councils iv Introduction This publication is intended to serve as a guide to clarify local government services provided by Urban Councils. It provides a detailed outline of the legalities, eligibility, fees, application process, timeline and recourse available for a broad range of Council services. Individuals and businesses have found navigating the legal and procedural environment of Council services difficult and unclear at best. The results of a recent survey sponsored by The Asia Foundation indicated that information of this type was not readily available to the public in a simple and comprehensive manner. This Guidebook seeks to clarify step-by-step what is involved in obtaining a Building Permit, or the process of determining liability for and payment of Trade Tax, for example. It seeks to inform members of the public and business community about the services, authority, and responsibilities of Urban Councils and their role in improving the conditions for economic growth and creating an enabling environment for small and medium enterprises to flourish in every Urban Council area in Sri Lanka. The document was produced by the International Centre for Ethnic Studies (ICES) with guidance and technical support from The Asia Foundation. Financial support was also provided by the Australian Agency for International Development and the Department for International Development (UK).

v Regulatory Mapping User Guide Regulatory Mapping User Guide The different Interactions are set out in alphabetical order. Each section begins with a flow diagram that sets out in summary form the procedure/process. The substantive description that follows gives in detail the process under consideration. Every section begins with an Introduction that describes the purpose and context of the Interaction in question. This is followed by a short description of the Legal Authority for the interaction with specific reference to the acts and by-laws. The rest of the information contained in each section depends on the nature of the Interaction. For example, for Interactions such as assessment tax payment and licenses of various descriptions we have identified, under the caption Eligibility, who has to pay tax or obtain a license. In every case there is a step-by-step description of how to make an application or a request, to whom it should be submitted, what payments, if any, are required and the supporting information and documentation that the application must contain. In some Interactions disputes can arise between the applicant and the local authority. In such cases we have also described the dispute resolution procedure. In general there is no overall time specification for the Interactions that have been specified in this publication, except for a few Interactions e.g. assessment tax payments. In general there is also a time limit specified for a tax payer or an applicant to make an appeal when a decision of the local authority is disputed. For most Interactions the local authority provides a standard form to obtain information from the members of the public. In general these forms are most readily available in Sinhala. It should be noted that these forms are not standardized on a national basis for all local authorities and could vary. The last section of the publication has a section titled Miscellaneous Services that describes in brief various services that the local authority provides to the citizenry.

Regulatory Mapping: Urban Councils vi ye kaùu fuu m%ldykfha uq,sl wruqk jkqfha k.r ind j,ska imhk fiajdjka ms<sn ck;dj oekqj;a lsíuhs' fuys tu ls%hdms<sfj;a j, ks;suh Ndjh" fhda.h;djh" wod,.dia;+ka" wh ï lsífï ls%hd ms<sfj;" ld, rduqj iy k.r indfõ úúodldr fiajdjka j, wdodrh,nd.eksug we;s bvlv ms<sn iúia;rd;aulj meyeè,s lr we;' jhdmdßlhka iy m%cdjg k.r indfõ fndfyduhla l%shdj,shka j, ks;suh iy ls%hd ms<sfj;a ms<sn meyeè,s wjfndaohla fkdue;' wdishdkq moku úiska ue;l wkq.%yh olajk,o iólaik j,ska t,sorõ jqfha fuu l%shd ms<sfj;a ms<sn f;dr;=re uyck;djg f;areï.eksug myiq wdldrhg,nd.eksug fkdyels njhs' fuu Wmfoia ud,dfjys f.dvke.s,s wjirm;a,nd.eksu" fj< nÿ ;SrKh lsíu hkd iy wfkl=;a l%shdj,shka j,g wod, jk l%shdjka ms<sn iúia;rd;aulj i yka lr we;' fuu Wmfoia ud,dj u.ska k.r indfjka imhk fiajdjka" tys n,h" iy j.lsu ms<sn jhdmdßl m%cdj iy uyck;dj oekqj;a lsíug woyia flfrhs' tfiau" m%foayfha wd¾ól ixj¾okh ÈhqKq lsíug;a l=vd iy uohu mßudk l¾udka; j, ;;a;ajh kõd isgqùu i yd wjyh jk j;djrkh ilia lsíu i yd;a k.r indj i;= ld¾hndrh ms<sn oekqj;a flf¾' wdishdkq mokfï Wmfoia iy ;dlaik iyh u;" ckjd¾.sl wohhkh i yd jq wka;¾cd;sl flakaøh (ICES) u.ska fuu m%ldykh ilia lrk, ' fï i yd uq,h wkq.%yh olajd we;af;a wka;¾cd;sl ixj¾okh ms<sn iafü%,shdkq ksfhdað;dh;kh (AusAid) iy ì%;dkhfha wka;¾cd;sl ixj¾okh ms<sn fomd¾;fïka;=j (DfID) úisks'

vii Regulatory Mapping User Guide kshduk ^md,l& is;shï ^wkqremk& - Ndú;d lrkakkag Wmfoia ieu l%shd ms<sfj;lau bx.%sis fydaäfha wldrdèh wkqj fm<.iajd we;' ieu fldgilau" wod, l%shdj,sfha $ l%shdms<sfjf;a idrdxyhla oelafjk rem rduqjlska wdrïn flf¾' tu l%shdj,sfhau $ l%shdms<sfjf;au mq¾k úia;rhlao thg miqj wuqkd we;' ieu wxyhlau mgka.kafka" tu wod, l%shdldrlfuys wruqk iy wka;¾.;h ms<sn úia;rhlao iuõh' thg miqj ta tla tla wod, l%shdj,shg n,mdk jhjia:d iy w;=re ks;s ms<sn j i yka flfrk úia;rhla wuqkd we;' tla tla wod, l%shdmámdáhg wkqj wfkl=;a f;dr;=re fm<.iajd we;' WodyrKhla jyfhka" nÿ f.jqï iy wjirm;a.eksfï l%shdj,shkays" tunÿ f.úh hq;= iy" wjirm;a,nd.; hq;= wjia:djka iy mqoa.,hka y kajd we;' yeu ld¾hhla i ydu" wh ïm;%h ilia lr.kakd wdldrh" th fhduq l, hq;= md¾yjh".dia;= f.úh hq;= kï ta ms<sn úia;r" iy wfkl=;a f;dr;=re ms<sn j mshjfrka mshjrg fm<.iajd we;' iuyr wjia:djkays wh ï lrkakd iy m<d;a md,k wdh;kh w;r hï u;fnao we;súh yel' tjka wjia:dj, j, m%fhdackh i yd u;fnao ksrdlrkh lsífï l%shd ms<sfj; y kajd we;' idudkhfhka tla l%shdj,shlg fldmuk ld,fõ,djla.; hq;=o hkak fuys ;SrKh lr ke;' kuq;a" iuyr l%shdjka j,g" Wod(- nÿ f.ùï i yd ld, rduqj ks¾kh lr we;' idudkhfhka" wh ïlrkakdg wnshdpkd lsíu i yd.;úh hq;= ld, rduqj fmkajd we;' ieu ld¾hhlau i ydu jdf.a uyck;djf.ka f;dr;=re,nd.eksu i yd m<d;a md,k wdh;kh úiska fmdaruhla ms<sfh, lr we;' fuys wvx.= lr we;s fmdaruhkaf.ka jeä m%udkhla isxy, NdIdfjkao,nd.; yel' Èjhsfka ieu m<d;a md,k wdh;khlu l%shdj,ska úúodldr úh yels neúka" uq Èjhskgu n,mdk tla rduqjl isg fïjd ilia lr fkdue;s nj ie,lsh hq;=h' wjidk fldgfiys " m<d;a md,k wdh;khka u.ska m%cdj i yd bgq flfrk úúodldr fiajdjka ms<sn flá ye kaùula lr we;'

Regulatory Mapping: Urban Councils viii KfTiu,e;jg; gjpg;ghdj efu rigfspdhy; toq;fg;glfpd;w cs;suhl;rp Nritfis njsptglj;jfpd;w xu topfhl;bahfr; nraw;gltijf; fujfpd;wj.,j gue;j cs;suhl;rp kd;w nraw;ghlfsf;fhd tpupthd tpguq;fisf; nfhz;l rl;lkiwikfs>; jfjpailik> fl;lzq;fs>; tpz;zg;gpf;fk; nrad;kiw> fhy mst> fpilf;fpd;w tsq;fs; vd;gdtw;iw toq;ffpd;wj. jdpahl;;fsk; thj;jf epwtdq;fsk; cs;suhl;rp Nritfspd; rl;l nrad;kiwr; #oiy rupahfg; gpd;gw;wtjpy; rpf;fiyak; njsptpd;ikiaak; ciladthff; fhzg;gl;ls;sd. mz;ikapy; Mrpah epiyaj;jpd; mdruidald; elj;jg;gl;l Ma;T KbTfspd; gb,j rk;ge;jkhd jfty;fs; kf;fsf;f kpf,yfthf tpsq;fpf; nfhs;sf;$batifapy; fpilf;fg; ngwhik Rl;bf;fhl;lg;gl;Ls;sJ.,e;j topf;fhl;bahdj xu fl;ll mdkjpg;gj;jpuj;ijg; ngwtjpy; vj rk;ge;jg;gl;ls;sj. my;yj tu;j;jftupf;nfhlg;gdit jpu;khdpf;fk; nrad; Kiw vd;gd gw;wp Muha;fpd;wJ cjhuzkhf efu rigfspd; Nritfs;> mjpfhuk;> nghwg;gf;fs; kw;wk;,yq;ifapy; cs;s xt;nthu efu rigapdjk; nghushjhu tshr;rpia va;jtk; rpwpa kw;wk; elj;ju ifj;njhopy;fs; tshr;rpailaf; $ba xu rhjfkhd #oiy cuthf;fk; efu rigf;fs;s nghwg;gf;fisak;,e;j topfhl;b Muha;fpd;wJ.,e;j Mtdk;,df;fw;iffSf;fhd rhtnjr epwtdj;jhy; (ICES) Mrpah epiyaj;jpd; topfhl;ljyldk; njhopel;g MjuTlDk; jahupf;fg;gl;lj.,jw;fhd epjpajtp rhtnjr mgptpuj;jpf;fhd mt];jpnuypa KftH mikg;ghyk; rhtnjr mgptpuj;jpf;fhd jpizf;fsj;jpdhyk; (UK) toq;fg;gl;lj.

ix Regulatory Mapping User Guide rpuhf;fy; tiuglk; - gad;glj;jdh topfhl;b gy;ntw gu];gu nraw;ghlfsk; mfutupirg;gb cs;sj. xt;nthu gfjpak; nrad; Kiwapd; rhuk;rj;jldhd tiuglj;jld; njhlq;ffpd;wj. mlj;jjhf cs;s cz;ikahd tptuzk; guprpyidapy; cs;s nrad;kiwia kpftk; tpupthf mspf;fpd;wj. xt;nthu gfjpak; mjdj Nehf;fj;jpidAk; cs;slf;fj;jpd; tpguq;fis tpdh KiwapYk; tpgupf;fpd;w xu Kd;DiuAlNdNa njhlq;ffpd;wj.,jidj; njhlu;e;j rl;l mjpfhuj;jpd; cila xu RUf;fkhd tpguzkk; Fwpg;gl;l rl;l> Jizr;rl;lq;fspd; crhj;jizf;fhf cs;sj. Xt;nthU gfjpapyk; cs;s kpjpj; jfty;fs; gu];gu nraw;ghlfspd; #oiyg; nghwj;jj. cjhuzkhf nraw;ghlfshd kjpg;gpl;ltupf; nfhlg;gdt gy;ntwgl;ldtw;wpd; mdkjpg;gj;jpuq;fsf;f ehq;fs; 'jifik" vd;w jiyg;gpd; fpo; milahsq; fz;l,uf;fpd;nwhk.; jifikapd; fpo; xutu; tup nryj;j Ntz;bNah my;yj mdkjpg; gj;jpuk; ngw Ntz;bNah cs;sj xt;nthu tplaj;jpyk; xu tpz;zg;gj;ij my;yj Ntz;LNfhis vt;thw nra;tj ahuf;f mj rku;g;gpf;fg;gly; Ntz;Lk>; vd;d nfhlg;gdtfs; toq;fg;gl Ntz;Lk;> NkYk; VjhtJ Njitg;gl;lhy; tpz;zg;gbtk; nfhz;buf;fk; mtrpakhd jfty;fs; Mtzq;fs; vd;gd Nghd;w tpguq;fis me;j tpz;zg;gk; fl;lhak; nfhz;buf;fk;. rpy tplaq;fspy; gpzf;ffs; tpz;zg;gjhupf;fk; cs;suhl;rprigf;fkpilapy; vof;$lk; mt;thwhd tplaq;fspy; ehq;fs; gpur;rpidj; jpu;t nrad;kiwiag; gw;wp tpgupj;jpuf;fpd;nwhk;. nghjthf,g;gjpg;gpy; Fwpg;ghfr; nrhy;yg;gl;buf;fk; nraw;ghlfsf;f (rpy tplaq;fisj; jtpu> cjhuzkhf kjpg;gpl;ltupf; nfhlg;gdtfs;) fhy tiuaiw,y;iy. nghjthf cs;suhl;rp rigapd; jpu;khdj;jld; Kuz;gLfpd;w NghJ tuptpjpg;ghsu; my;yj tpz;zg;gjhupf;f Nkd; KiwaPL nra;a Fwpg;gpl;l fhy tiuaiw cz;l. nguk;ghyhd nraw;ghlfsf;f cs;suhl;rp rig cupa epakq;fsldhd tpz;zg;gj;ij nghjkf;fsplk;,ue;j jfty;fisg; ngwtjw;f toq;ffpd;wj.nghjthf,e;jg; gbtq;fs; rpq;fs nkhopapnyna fpilf;fpd;wj,e;jg; gbtq;fs; Njrpa mstpy; vy;yh cs;suhl;rp rigfisak; NtWgLj;Jfpd;w mstpy; cupa epakq;fisf; nfhz;buf;ftpy;iy vd;gj Fwpg;gplg;glNtz;baJ. gjpg;gpd;,wjpg;gfjp ehdhtpj Nritfs vdj; jiyg;gplg;gl;buf;fpd;wj mjpy; cs;suhl;rp rigfs; Fbkf;fSf;F Mw;Wfpd;w gy;ntw NritfSk; RUf;fkhfr; nrhy;yg;gl;buf;fpd;wj.

Assessment Tax Overview...2 1. Introduction...3 2. Legal Authority...3 3. Eligibility...3 4. Assessment Notice...3 5. If the amount of the tax set out in the notice is accepted by the taxpayer the following steps should be followed...4 6. If the assessment set out in the notice is disputed by the taxpayer the following steps should be followed...5 7. If the taxpayer opposes this decision too, he/she is to seek legal redress...6 8. Where payment has been Defaulted, following steps can be taken against the rate payer by the Urban Council, based on Section 170 of the Urban Councils Ordinance and Sections 252 to 266 of the Municipal Council Ordinance...6

2 REGULATORY MAPPING: URBAN COUNCILS Assessment Tax - Overview Assessment Notice Pay Object Default of payment A receipt in triplicate from the Assessment Clerk Payment to cashier, original copy with signature & seal to rate payer Chairman Inquiry Decision List of defaulters prepared by revenue branch Chairman Issues a warrant to Revenue Inspector to restrain Accept (Partial refund may be granted) Issue forwarded to Courts Red notice issued by Revenue Inspector to defaulter If the amount is more than Rs.1500/= To the District Court If the amount is less than Rs.1500/= To the Primary Court Pay Ignore the notice Seizure of movables Appeal to courts Opportunity to redeem movables by payment Pay and redeem movables The movables are auctioned

Assessment Tax 3 Assessment Tax 1. Introduction All immovable property within an Urban Council limit, including houses, buildings, land, tenements, and state property that has been leased are subjected to this tax. It is an important source of revenue for the Urban Council. The tax is calculated on the basis of the percentage determined by the Minister (Minister in charge of subject of local government: at present the Provincial Council Minister) charged on the annual value of property. All property whether land or buildings are required to be registered in the Assessment Registry of the Urban Council. 2. Legal Authority Sections 166 to 172 of the Municipal Councils Ordinance provides By Laws for assessment, charge and recovery of assessment tax 3. Eligibility i. Being the occupant of a land or building who belongs to any of the following categories; Owner of immovable property within an Urban Council limit Lease holder of a house, building, or land situated within a particular Urban Council limit Tenant of a house within the Urban Council Limits Leaseholder of a house, building or land owned by the state, which is situated within the Urban Council limits Co-owner (Joint owner) of immovable property within the Urban Council limits. 4. Assessment Notice i. After the valuation of the property an assessment notice is issued by the Chairman of the Urban Council to the owner, joint owner, leaseholder or the occupant of a relevant property before the 31 st December of a particular year stipulating the assessment tax to be paid for the ensuing year. Affixing the notice on the property is also considered a form of delivering the notice when handing over the notice is not possible. ii. The assessment notice should be in Sinhala, English and Tamil Languages and it should be prepared under the 3 rd Schedule of the Municipal Council Ordinance (section 253 (3)) iii. The following are included in the Assessment notice; Name of the owner. Assessment number Name of the street on which the property is located Annual Value

4 REGULATORY MAPPING: URBAN COUNCILS Quarterly payment Due date of payment Discount for paying before the due date Time period for submission of objections against the assessment. Details about warrant costs if the payment is not made on time. 5. If the amount of the tax set out in the notice is accepted by the taxpayer the following steps should be followed; Procedure Time Period Authority Before the 31 st of December of the preceding year Council Assessment Notice is Received A receipt (in duplicate/triplicate) for the payment should be obtained. This form will set out the amount being paid, whether for a quarter/s or a whole year Tax is paid An original receipt sealed Received and/or with the signature of the cashier will be issued acknowledging the payment Server appointed by the Chairman of the Urban The relevant assessment clerk. Shroff Shroff Note: Assessment tax maybe paid per quarter or for the whole year. If the amount for the whole year is paid before the first month of the relevant year a 10% discount is provided. If the amount for the quarter is paid in the first month of that quarter a 5% discount is provided. 6. If the assessment set out in the notice is disputed by the taxpayer the following steps should be followed; Procedure Time Period Authority Before the 31 st of December of the preceding year Assessment Notice is Received Server appointed by the Chairman of the Urban Council

Assessment Tax 5 Procedure Time Period Authority A written objection should Within 30 days of be submitted through receiving the notice registered post or hand delivered A letter should be issued by the Urban Council mentioning that the written objection was received The Objection is registered in the objection book in the Urban Council Person making the complaint will be notified in writing to attend an inquiry into the objection and the date, time and place are notified Inquiry is held Person making the complaint should prove the arguments that he/she has stated in the complaint against the assessment The objection has to be recorded in the Objection Book If a decision is made to reduce the amount the assessment registry has to be amended accordingly The decision of the Inquiry Board will be notified to the applicant Within three months of the objection Chairman of the Urban Council Chairman of the Urban Council. Assessment Clerk Secretary of the Urban Council Conducted with the participation of Valuation Officer, Revenue Inspector and other Officers Chairman /Secretary of the Urban Council Chief assessment clerk Chairman /Secretary of the Urban Council Note: This written objection should include all arguments against the assessment, because if the person making the complaint has to seek legal redress through Court of Law, no new arguments can be brought when the case against the assessment is in progress.

6 REGULATORY MAPPING: URBAN COUNCILS 7. If the taxpayer opposes this decision too, he/she is to seek legal redress. Procedure Time Period Authority File a case if the tax Primary Court imposed based on the annual value of the property is less than rupees 1500/= File a case if the tax District Court imposed based on the annual value of the property is more than rupees 1500/= An appeal can be against Court of Appeal the ruling of either court. Final Ruling given by the Courts is binding on the all parties Note: It should be noted that paying the assessment tax cannot be delayed because of a court case or an appeal against the assessment. Person making the complaint should pay the assessment tax and once the verdict is delivered in favour of the person making the complaint, the excess payment will be refunded. 8. Where payment has been Defaulted, following steps can be taken against the rate payer by the Urban Council, based on Section 170 of the Urban Councils Ordinance and Sections 252 to 266 of the Municipal Council Ordinance Procedure Time Period Authority When the payment is defaulted at Before 31 March for Chief assessment the end of every quarter a the First quarter. clerk. surcharge (warrant cost) of 15% Before 30 th June for the for bare lands and residential second quarter. property, 20% for properties other Before the 30 th than bare lands and residential September for the third property will be charged quarter. Before the 31 st December for the fourth quarter

Assessment Tax 7 Procedure Time Period Authority A list of defaulters is prepared and Warrants of Distress issued to the relevant Revenue Inspector/ Revenue overseer If a payment is not made after the issue of a Warrant of Distress a Final Notice is issued in the name of the owner but served on the occupier. According to this Warrant of Distress, property both immovable and movable in default of assessment tax is liable for seizure if the payment is not made within 14 days (Section 252 of the Municipal Council Ordinance) When the Immovable property is owned by the State, the movable property within the state property and private immovable property owned by an occupant can be seized. If a house or building is closed when the seizing of property is to take place, the Urban Council has the authority to break open the house or building during daytime to seize the property (Section 257 of the Municipal Councils Ordinance) After the seizure of property the seized property can be released after the following payments are made by the owner/occupier; Amount stated in the final notice. Additional charge for protection of the property by the Urban Council as per the Urban Council Ordinance 5 cents charged on every 50 cents paid as removal charge for movable property Seized. in less than 8 days if the value of the property is less than Rs. 10,000 within 24 days if the value of the property is above 10,000 Secretary of the Urban Council. Relevant Inspector Revenue The Revenue Inspector/Revenue Overseer.

8 REGULATORY MAPPING: URBAN COUNCILS Rs. 75 is charged daily as a security fee for the protection of property seized. If the owner of the seized property does not pay the due amount and obtain the release of the seized property they will be auctioned. (Section 252 and 255 of the Municipal Council Ordinance) A time period is provided to release the property before publishing the auction notice through a gazette notification or through a paper that is circulating within the Urban Council limits If the property is not released during the above mentioned time period, they would be auctioned If the individual does not request for the excess amount that is earned through the auction within 12 months after the auction, that amount will be credited to the Urban Council fund in less than 8 days if the value of the property is less than Rs. 10,000 within 24 days if the value of the property is above Rs.10,000 Property worth above Rs. 10,000 rupees a 21 days time period Property worth less than Rs. 10,000 6 day time period Secretary of the Urban Council Secretary of the Urban Council Revenue Inspector /Revenue Overseer on the instructions of the Secretary Secretary of the Urban Council

Building Permits Overview...10 1. Introduction...11 2. Legal Authority...11 3. Validity of a Building Permit...11 4. Eligibility...11 5. Fees...11 6. Supporting Documents...12 7. Application Process...13 8. Procedures following registration of Application...14 9. Renewal of the Building permit...15 10. Legal Consequences of Non Compliance...16

10 REGULATORY MAPPING: URBAN COUNCILS Building Permits - Overview Obtain building application Submit completed application to the Secretary Processing fee is charged Application is registered Site inspections by Public Health Inspector and Superintendent of Works Not recommended by Public Health Inspector and Superintendent of Works Recommended by Public Health Inspector and Superintendent of Works Notifies the applicant Planning Committee Rectification of deficiencies Notifies the Authorities Approval Chairman of UC issues the building permit Disapproval Appeal to Minister

BUILDING PERMITS 11 Building Permits 1. Introduction Urban Council controls and regulates all building activities within the area of its authority. Therefore all persons engaging in building activities must obtain a permit from the relevant Urban Council. 2. Legal Authority Section 3 and Part II A of the Urban Development Authority Act 41 of 1978 and the rules that have been published in special gazette No.392/9 of 10th March 1986. Note: This act becomes applicable to the areas that have been declared as Urban Development Areas under section 3(1) of the Urban Development Authority Act 41 of 1978. 3. Validity of a Building Permit One year. According to the regulation 10 (06) of Urban Development Authority Act 41 of 1978, the building permit can be extended for two years. 4. Eligibility 5. Fees i. Building activity should be situated within an Urban Council area. ii. Should be either an owner of an immovable property or a lessee of an immovable property within the Urban Council area limit. In either case the application should be signed by the owner. iii. The name of the person applying should be registered in the assessment tax registry of the Urban Council. i. Building application fee varies among different Urban Councils. ii. Processing fee as follows Floor area (square meters) Processing fee residential use Commercial or other Below 45 10 50 46-90 25 100 91-180 50 200 181-270 200 500 271-450 500 750 451-675 750 1000 676-900 1000 1250 Above 900 1000+ 1250+

12 REGULATORY MAPPING: URBAN COUNCILS iii. Renewal fee as decided by the Municipal Council. 6. Supporting Documents (Three copies each of the following documents should be submitted) i. Map that indicates land and roads adjoining the location where the building activity is to take place ii. Approved plan for sub-division drawn on the scale of not less than 1:4000 indicating; geographical characteristics buildings in the area width of the roads in the area iii. Detailed plan of the proposed building drawn on the scale of not less than 1:1000 indicating buildings that already exists street lines to be amended if any boundary of the land access roads parking areas iv. The notarial deed of the particular land in which the building activity is to take place. v. Plan drawn on the scale of 1:100 indicating each floor of the building (Depending on the complexity of the building this can be drawn on the scale of 1:200). Aspects that should be included in the plan: The purpose of each room in the building and the width and length of each room. Doors, windows and other open areas within the building and their width and length Location of all toilets and latrine fittings and the drainage system Fire extinguisher (for Commercial buildings) Indication of electricity wires that runs across the land where the building is proposed. Walls, floor, roof, and the material used and the specification of materials used. Horizontal cross section of the building indicating the Thickness of the walls, eaves, foundation, rafters, beams and other sections of the building. Height of each floor. The distance between the outer walls of the building and the boundary of the land in which the building is situated.

BUILDING PERMITS 13 If the Building is for a cinema hall or a theatre, following additional requirements should be included; Plan drawn according to the rules and regulations of the Urban Development Authority Act A cross section of the drains that are expected to be established and their length. Width of all the staircases and the number of staircases that exist in the building Width of the doors. Height of the building Number of individuals expected to be seated in every section of the building and the space that is reserved to an individual in the seating arrangement. Methods of fire prevention Methods of fire prevention with regard to film equipment Ventilation Indication of the entrance and exit ii. iii. Plan indicating the toilets and the sewage pits. If the land is a paddy land, the permit from the Commissioner of the Agrarian Services Department giving permission to fill the land should also be submitted. Note: a) If the building is to be constructed by the side of a road under the purview of the Road Development Authority, consent has to be obtained from the Road Development Authority. b) Where the building is to be constructed on a river bank within 100 metres of the river, approval has to be obtained from the Mahaweli Development Authority. c) If buildings are to be constructed within the limits of the coast, approval has to obtained from the Coast Conservation Authority. 7. Application Process Procedure Time Period Authority A building application form should be obtained for a fee of Rs 250. (This may vary among different Urban Councils) (The Specimen Form is compiled according to the regulations in sub section Works Superintendent/Building Clerk.

14 REGULATORY MAPPING: URBAN COUNCILS B in gazette no. 392/9 of 10.03.1986.) Section B2 is to be filled if the building is to be used for Industrial Purpose and section B3 is to be filled if the building is to be used as a hotel. The completed application form should be submitted. A processing fee is charged according to the size of the building. Processing fee should be paid and a receipt will be issued Issue of receipt is considered as acknowledgement of application. Registration of application. Secretary of the Urban Council. Building Clerk. Shroff Building Clerk 8. Procedures following registration of Application Procedure Time Period Authority It is referred to the Chief assessment Clerk. assessment branch for a report on ownership of the land Forward copies for Approximately 2-4 weeks The section in charge of recommendation by Public Building Permits Health Inspector and the Technical Officer. Field inspections will be conducted A report compiled by the Public Health Inspector and the Technical Officer is forwarded for approval If the application fulfils all required details and if it has been recommended by the relevant officers application is approved The Public Health Inspector and the Technical Officer. Planning Committee Approximately 2 months. By the Planning Committee

BUILDING PERMITS 15 Procedure Time Period Authority If approval is granted the Chairman of the Urban building permit is issued Council Three copies of the approved plan are issued with terms and instructions. One is sent to the Health Department, and the other is kept in the Urban Council Office. A copy of the plan approved by the Chairman of the Urban Council is issued to the applicant with terms and conditions imposed by the Urban Council. The permit is issued under section 8 i of the Urban Council Act 41 of 1978. It is valid for one year Note: If the name of the applicant is not registered in the assessment registry as the owner, the relevant changes have to be made before proceeding with the building application (refer Registration of Change of Owners of Land and buildings). 9. Renewal of the Building permit Procedure Time Period Authority An written appeal asking Buildings Clerk for an extension stating the reasons why building was not completed on time An extension is given for a period of one year after a fee is charged decided by the Urban Council On the recommendation of the Works Superintendent the Chairman of the Urban Council If the application for Building permit is refused; Procedure Time Period Authority An appeal in writing can be handed over, under the Minister regulation made under Section 11 of the Urban Development Authority Act 41 of 1978

16 REGULATORY MAPPING: URBAN COUNCILS 10. Legal Consequences of Non Compliance Procedure Time Period Authority Instruct the owner of the Chairman of the Urban building to obtain a Council under the building permit where the recommendation of illegally constructed Planning Committee building can be regularized In such a case the building Chairman of the Urban permit will be issued after Council under the a penalty fee is charged recommendation of Planning Committee In other circumstances Chairman of the Urban legal actions against the Council under the owner of the illegally recommendation of constructed building can Planning Committee be taken by filing a case in the Magistrates Court

Butchers License Overview...18 1. Introduction...19 2. Legal Authority...19 3. Eligibility...19 4. Fees...19 5. Supporting Documents...19 6. Application Process...19 7. If all requirements are not met...20 8. If there is any protest from the public:...21 9. Legal Consequences of non compliance...21

18 REGULATORY MAPPING: URBAN COUNCILS Butchers License - Overview Application in writing to the Municipal Chairman / Secretary Inspection by the Medical Officer of Health and Veterinary Surgeon Report by the Medical Officer of Health and Veterinary Surgeon All requirements met All requirements not met Chairman places notice in the Gazette for objections No Objections Objections Permission granted Applicant keeps security deposit in the Urban Council and signs agreement with the Urban Council Inquiry held Decision notified to the applicant and the person making the objection Issued Butchers License

BUTCHERS LICENSE 19 Butchers License 1. Introduction All slaughterhouses and meat stalls within a particular Urban Council must obtain a licence issued by the Chairman of the Urban Council. Note: In most cases meat stalls are annually auctioned by the Urban Council 2. Legal Authority 3. Eligibility i. Section 128 of the Urban Council Ordinance(Chapter 255) ii. Butcher s Ordinance (Chapter 272) as amended by Act Number 31 of 1976 and Number 6 of 1981. iii. By Laws framed under Standard By Laws Act (Chapter 261) and Gazetted in Gazette Number 10609 of 1953.11.06. Should be an owner or prospective owner of a slaughterhouse and/or meat stalls within the limits of the Urban Council area. 4. Fees Licence fee decided by the Urban Council. 5. Supporting Documents i. Letter from the owner of the property in which the slaughterhouse and/or meat stall is or is going to be established. Following details should be provided in the letter requesting a licence; Name of the applicant Address of the applicant Address of the place in which the slaughter house and/or meat stall is or expected to be established. 6. Application Process Note: There are two types of licences: a. Temporary licence b. Annual licence

20 REGULATORY MAPPING: URBAN COUNCILS Procedure Time Period Authority Applications for a licence to operate a slaughter house and/or a meat stall should be forwarded in writing Inspection of the premises will take place to determine whether it fulfils the requirements of the Butcher s Ordinance Reports will be submitted If all requirements are met a notice in the Gazette calling for objections placed If there are no objections the application is forwarded to the Urban Council for approval If there are no objections permission will be granted to operate the slaughter house and/or meat stall Applicant must sign an agreement with the Urban Council and a security deposit must be kept in the Urban Council by the applicant This permit has to be renewed annually by paying a licence fee 7. If all requirements are not met Chairman/ Secretary of the Urban Council The Medical Officer of Health/Urban Council Veterinary Surgeon. The Medical Officer of Health and Veterinary Surgeon Chairman of the Urban Council Chairman of the Urban Council Chairman of the Urban Council Procedure Time Period Authority The deficiencies will be notified to the applicant Chairman of the Urban Council Licence will be issued on the rectification of the deficiencies Chairman of the Urban Council

BUTCHERS LICENSE 21 8. If there is any protest from the public: Procedure Time Period Authority The objections must be lodged in duplicate by any person within the limits of the Urban Council An inquiry is held with the participation of the person/s making the objection, applicant and the Chairman of the Urban Council Decision to revoke or confirm the licence is taken The decision will be notified in written form to the applicant and the person/s making the objection. Any party can appeal against the decision of the Chairman The decision taken by Minister is final and cannot be challenged in any Court of law Within 10 days from the date in which the notice regarding the decision was reached. Chairman of Urban Council Chairman of the Urban Council Chairman of the Urban Council To the Minister in charge of the subject of Local Government (Provincial Minister) Note: When a decision is not made regarding the issue of an annual Butcher s licence, a temporary licence can be obtained from the Urban Council for a time period of not more than 14 days. 9. Legal Consequences of non-compliance Procedure Time Period Authority A person operating a slaughter house and/or a meet stall without the licence can be produced before the Magistrate s Court Fine of Rs 2000-5000 and/or sentence to 6 months imprisonment. Chairman of the Urban Council Magistrate s Court

Certificate of Conformity Overview...24 1. Introduction...25 2. Legal Authority...25 3. Eligibility...25 4. Fees...25 5. Application Process...25 6. When C of C is refused...26 7. Legal consequences of occupying a building without a C of C...26

24 REGULATORY MAPPING: URBAN COUNCILS Certificate of Conformity - Overview (If under UDA Act) Application form from PS free of charge Completed application form to the PS with a processing fee of Rs.100/= Receipt issued to applicant Reports on field inspections by Technical Officer Application forwarded to the Planning Committee Approval Rejection Chairman issues C of C Amended plan approved from Pradeshiya Sabha Make changes in the building to correspond with approved plan Re apply

CERTIFICATE OF COMFORMITY 25 Certificate of Conformity 1. Introduction This certificate is issued to indicate that the building is completed according to the approved plan. It must be obtained from the Urban Council after construction is completed and before occupying the building. 2. Legal Authority 3. Eligibility i. Section 8 (k) of the Urban Development Act of 1978. ii. Regulation 67 issued under the Urban Development Authority Act 41 of 1978 published in 392/9 on 1986.03.10. Building being constructed according to the approved plan. 4. Fees The application form can be obtained free of charge. A fee is charged for the Certificate of Conformity on the basis of the square area of the building.(minimum amount Rs 100/=) 5. Application Process Procedure Time Frame Authority Obtain application form Buildings Clerk Certification on the form that the building has been constructed according to the approved plan. Application form to be signed by the applicant. Application form to be submitted. A processing fee is charged. on the basis of the square area of the building. (Minimum Rs 100) A charted engineer or architect registered with the Urban Council. Secretary of the Urban Council. Buildings Clerk.

26 REGULATORY MAPPING: URBAN COUNCILS Procedure Time Period Authority A receipt issued to the applicant on payment (this Shroff is considered as the document which signifies submission of the application) Reports on the field The Works inspection. Superintendent. Report forwarded for Planning Committee of the approval Urban Council If approved by Planning Committee the Certificate Chairman of the Urban Council of Conformity is issued 6. When C of C is refused; A C of C is refused if the building is not constructed according to the approved plan. Applicant will be then instructed to: Procedure Time Frame Authority Amend plan to be submitted for approval. or Change building to correspond with the approved plan. Application Process thereafter resumes its normal course. 7. Legal consequences of occupying a building without a C of C. On the recommendation of the Planning Committee the Chairman of the Urban Council. On the recommendation of the Planning Committee the Chairman of the Urban Council Procedure Time Frame Authority Urban Council obtains Magistrate s Court. Court Order. Applicant may be ordered The Urban Council. To abandon the building. Demolish or reconstruct the building.

CERTIFICATE OF COMFORMITY 27 Take any other recommended steps. Urban Council has the authority to charge the owner for all court and other expenses (demolishing, evacuation etc.) in the case of occupying a building without a Certificate of Conformity. The Magistrate s Court can impose a fine of not less than RS 1000/= for occupying building without a C of C and in addition can levy a fine of not less than RS 100/= for each day of continuing violation.

Certificate of Non- Vesting Overview...30 1. Introduction...31 2. Legal Authority...31 3. Eligibility...31 4. Fees...31 5. Supporting Documents...31 6. Application Process...32

30 REGULATORY MAPPING: URBAN COUNCILS Certificate of non-vesting - Overview Written request to UC/Obtain form for a fee or free Application submitted to Urban Council Certification by the Revenue Inspector and the Technical Officer Urban Council Chairman issues certificate of nonvesting

CERTIFICATE OF NON-VESTING 31 Certificate of Non- Vesting 1. Introduction When obtaining a loan by mortgaging a parcel of land within an Urban Council area as security with a financial institution, a certificate issued by the Urban Council is required stating that the land would not be taken over by the Urban Council. This is called the Certificate of Non- Vesting. The Urban Council is entitled to take over land or property in the case of default of payment of assessment tax or when it is encroaching on street lines or when it is required for a public purpose. The importance of non-vesting certificates arise from this power of Urban Councils to take over properties under the circumstances stated here. 2. Legal Authority It is difficult to pinpoint the exact legal authority the Urban Council has to issue certificates of non-vesting. 3. Eligibility 4. Fees i. The land or property should be located within the Urban Council area. ii. Assessment tax should have been paid without default. iii. The land or property should not encroach on street lines. Application form is issued for a fee in some Urban Councils and the fees may vary from one Council to another. 5. Supporting Documents Necessary details: The name of the street/road Assessment number Location Name of owner Deed number and date Plan number and date All these details and documents should be included in the application.

32 REGULATORY MAPPING: URBAN COUNCILS 6. Application Process Procedure Time Period Authority Although some Urban Councils issue an application form to obtain the certificate of nonvesting, it can also be obtained through a written request. While some Urban Councils issue the application form for a fee, others issue it for free Application form is submitted to the Urban Council Certification that there are no arrears regarding assessment tax, licence fees or any other relevant payments The Urban Council will not issue the non vesting certificate if there are arrears in assessment tax and other payments. After payment of the arrears by the applicant the certificate will be issued Certification that the land does not encroach on street lines After obtaining all these details, Chairman, Urban Council issues the certificate of non vesting Chief Assessment Clerk of the Urban Council Chief Assessment Clerk of the Urban Council Revenue Inspector Technical Officer Chairman Urban Council

Club License Overview...34 1. Introduction...35 2. Legal Authority...35 3. Eligibility...35 4. Fees...35 5. Supporting Documents...35 6. Process...35 7. If there are objections regarding the establishment/renewal of clubs;...37

34 REGULATORY MAPPING: URBAN COUNCILS Club License - Overview Application form for a fee from Urban Council Three copies of the application form to the Revenue Clerk Copies of the application submitted to the Local Superintendent of Police, Commissioner General of Excise Gazette notification by Urban Council Reports of the Local Superintendent of Police, Commissioner General of Excise is received Objection by public No objection To the Chairman Chairman issues license for a fee Decision by Inquiry Board Accept Appeal to Minister Decision by Minister

CLUB LICENSE 35 Club License 1. Introduction Clubs established within a particular Urban Council area must register with the Urban Council. 2. Legal Authority Licensing of Clubs Law Number 17 of 1975 and all amendments relating to the Act. 3. Eligibility Clubs already existing or expecting to be established within the Urban Council area. 4. Fees An application form should be purchased from the Urban Council for a fee of Rs 50/=. License is issued for a fee of Rs 350/= (May differ between Urban Councils) 5. Supporting Documents List of rules and regulations of the club signed by the President of the club. 1) The following information should be provided in the application form. Name of applicant Address of the applicant Whether the applicant is the President, Secretary or Treasurer Name of the club Address of the club house Activities of the club Names of the President, Secretary and Treasurer of the club Number of members 6. Process Procedure Time Period Authority Obtain an application form from the Urban Council for Rs50/= Application form should be signed by the President, Secretary or Treasurer Three copies of the application form to be submitted Secretary of the Urban Council Revenue Clerk

36 REGULATORY MAPPING: URBAN COUNCILS Procedure Time Period Authority Revenue Clerk forwards Local Superintendent of copies Police, Commissioner General of Excise Forwarded to the Chairman of the Urban Council Urban Council issues gazette notification mentioning: Name of the applicant. Name of the club. Location where the activities of the club are going to take place. Closing date for 4 weeks from the date of objections. publication of gazette The gazette notification will state that any objections regarding the establishment of the proposed club or continuation of an existing club mentioned should be submitted to the Urban Council Reports submitted by Local Superintendent of Police, Commissioner General of Excise If there are no objections Licence issued The Chairman of the Urban Council Note: Copies of the licence will be sent to the Superintendent of Police and Commissioner General of Excise.

CLUB LICENSE 37 7. If there are objections regarding the establishment/renewal of clubs; Procedure Time Period Authority A copy of the objection The Chairman of the letter will be sent to the Urban Council applicant Decision by the inquiry The Chairman of the board The decision notified to the applicant, person making the objection, the Superintendent of Police and Commissioner General of Excise If not satisfied can appeal Within 10 days of the decision being announced Urban Council The Chairman of the Urban Council The Minister in charge of the subject of Local Government Note: The decision of the Minister is final and cannot be challenged in Courts.

Entertainment Tax Overview...40 1. Introduction...41 2. Legal Authority...41 3. Fees...41 4. Process...41 5. Legal consequence of non-compliance...42

40 REGULATORY MAPPING: URBAN COUNCILS Entertainment Tax - Overview The amount to be charged notified R in a Gazette Person in charge adds the tax to the ticket Urban Council Chairman s seal placed in all tickets Number of tickets sold checked by Revenue Inspector /or any other officer Person in charge of the Public Performance calculates tax amount on the basis of number of tickets sold The tax paid daily to the Urban Council Tax not paid Urban Council files a case against the defaulter in the Magistrate s Court

ENTERTAINMENT TAX 41 Entertainment Tax 1. Introduction Public performances that take place within a particular Urban Council area are liable to pay entertainment tax. This tax is included in the price of tickets of all public performances and it is charged from all public performances except religious, educational and charity shows. 2. Legal Authority Entertainment Tax Ordinance Number 12 of 1946. 3. Fees i. The amount of entertainment tax charged will be notified in the Gazette. ii. The person/s in charge of a public performance should include the amount of tax into the price of the ticket. 4. Process Procedure Time Period Authority Urban Council Chairman s seal should be placed on all tickets (in the case of Urban Council Chairman cinema tickets this procedure is not followed). The person/s in charge of the Public Performance must keep track of the number of tickets sold. Inspection of the number Revenue Inspector or of tickets being sold for another Officer each show. The person/s in charge of the public performance must calculate the tax amount on the basis of number of tickets sold and pay the tax to the Urban Council daily. Secretary of the Urban Council Note: In case of Public performances other than stage or drama a deposit of 25% of the total value of tickets sold should be made as a security deposit with the Urban Council.

42 REGULATORY MAPPING: URBAN COUNCILS 5. Legal consequence of non-compliance. Procedure Time Period Authority If the entertainment tax is not paid a case can be filed in the Magistrate s Court Urban Council.

Environment Protection License Overview...44 1. Introduction...45 2. Legal Authority...45 3. Eligibility...45 4. Fees...45 5. Supporting Documentation...45 6. Process...45

44 REGULATORY MAPPING: URBAN COUNCILS Environment Protection License - Overview Obtain application form for a fee from the UC Submit with supporting documents to the Environment Officer at the Public Health Office Field Inspection by Public Health Inspector and the Environment Officer Positive Negative Forwarded to Technical Assessment Committee Forwarded to the Chairman of the UC Notice stating defects to applicant Verification of defects by the applicant and informing the office of the Public Health Inspector License issued

ENVIRONMENT PROTECTION LICENSE 45 Environment Protection License 1. Introduction This is to ensure that industries and businesses within the Urban Council undertake measures to maintain environmental standards as stipulated by the Central Environment Authority. 2. Legal Authority Central Environment Act 40 1987. 3. Eligibility All businesses and industries within the Urban Council area as stipulated by the Minister of Forests and Environment in Gazette No. 1159/22 of 2000.11. 22 should obtain this license. 4. Fees The fee for the application form differs between Urban Councils. 5. Supporting Documentation; A road sketch indicating the location of the industry or business. The registration certificate of the business. The approved plan of the building/site and the Certificate of Conformity The plan of the land Specific measures indicating : Control of air /noise and other environmental pollutions. An effective waste disposal system. 6. Process Procedure Time period Authority Obtain application form on payment of a fee Secretary Urban Council Completed application Clerk dealing with should be submitted with environmental issues at the the supporting documents office of Public Health Inspector Field Inspection Public Health Inspector and Reports forwarded based on the Inspection by the Public Health Inspector and the Environmental Officer the Environmental Officer. Technical Assessment Committee/Environment Committee