Section 127A: Compliance notice

127A. Compliance notice (1) (a) Where a person undertakes development works without a Building and Land Use Permit, the Chief Executive shall, subject to paragraph (b), cause to be served on that person a compliance notice ordering that person to make an application for a Building and Land Use Permit. (b) Where a person undertakes development works in a or on any canal, river or drain without having obtained an approval or a permission required under any 214 Acts 2018 other enactment, the Chief Executive shall, notwithstanding paragraph (a), serve on that person a pulling down notice in accordance with section 127C. (2) A compliance notice shall, inter alia – (a) specify the period, not exceeding 30 days, within which the application for a Building and Land Use Permit shall be made; and (b) be in such form as may be prescribed. (3) Where a compliance notice is served on a person, he shall not undertake any further development works unless he has been issued with a Building and Land Use Permit. (4) Where a person who has been served with a compliance notice under subsection (1)(a) – (a) fails to make an application for a Building and Land Use Permit, the Chief Executive shall, in accordance with section 127C, serve on that person a pulling down notice ordering the pulling down of those development works; or (b) makes an application for a Building and Land Use Permit, that application shall be dealt with in accordance with section 117. (5) (a) Where the local authority approves an application made pursuant to this section under section 117 (7)(a) or (8)(b), the local authority shall not issue the Building and Land Use Permit unless the applicant pays to the local authority, in addition to the fee payable under section 117 (10)(a)(i), a penalty fee of 50, 000 rupees within 28 days of being notified that his application has been approved. Acts 2018 215 (b) Where the applicant referred to in paragraph (a) fails to pay the penalty fee, the approval of the Building and Land Use Permit shall lapse and the Chief Executive shall, in accordance with section 127C, cause to be served on that person a pulling down notice ordering the pulling down of the development works. (6) A person shall not be prosecuted for having undertaken development works without being the holder of a Building and Land Use Permit – (a) as long as the delay granted in the compliance notice in relation to the development works has not lapsed; or (b) where he has, pursuant to a compliance notice, applied for, and been issued with, a Building and Land Use Permit in relation to the development works.