The Association of Licensed Technical Professionals of Jharkhand, a body comprising prominent architects and structural engineers, has written to the Chief Minister seeking crucial amendments to the newly enacted ‘Jharkhand Regularisation of Unauthorizedly Constructed Building Rules, 2026’.
Plot Size Barrier Excludes CNT Act Landowners
According to the letter, the current framework restricts regularisation applications exclusively to individuals whose total plot size does not exceed 300 square metres or 3,228 square feet (approximately 7.41 decimals). The association highlighted that this specific criterion severely disadvantages a vast majority of the population governed by the Chotanagpur Tenancy (CNT) Act, as traditional land holdings within these communities typically encompass 10 decimals or more, effectively excluding them from the benefits of the scheme.
To rectify this imbalance, the association has proposed that the state government shift its evaluation baseline from the total plot area to the actual built-up area of the construction.
Sujeet Bhagat, President of the association said, “If a person has a constructed area of 1500 sq ft. but his overall plot size (land) increases 300 sq mt. he won’t be able to apply for building regularisation, despite having a small dwelling unit.” He emphasized that this technicality disproportionately impacts the state’s indigenous communities.
Highlighting the ground-level impact, Raphael Khalkho, a resident said, “I have 12 decimal plot but a construction of only within 3 decimal and am unable to apply for regularisation. Like me there are many who come under CNT Act who will not be able to benefit from the scheme as usually people coming under CNT Act have bigger plot areas.” Khalkho added that he and other affected residents are contacting local MLAs to demand that tribal rights be protected under the new rules.
Proposed Solution: Built-Up Area as New Baseline
Under the official guidelines, only municipal-authorised Licensed Technical Persons (LTPs), including civil engineers, architects, and draftsmen, are permitted to submit applications via the recently launched online portal. Bhagat disclosed that LTPs are currently unable to take up a significant number of cases due to this restrictive plot-size barrier.
As a solution, the association has urged the state to amend the rules to measure the built-up area instead of the plot. “We are proposing that the total built up area of a G+2 building be considered as up to 9600 sq ft for being able to get regularised, where every floor is not more than 3200 sq ft. This will help benefit a larger population,” Bhagat said.
Road Width Requirement Another Hurdle
The letter flagged a second major technical hurdle concerning road width requirements. The 2026 rules align with the Jharkhand Building Byelaws 2016, which mandate a minimum 25-foot frontal road for any unauthorized construction to qualify for regularisation. Pointing out that the vast majority of houses located within older or smaller colonies are situated along narrower lanes, Bhagat said, “Most houses in small colonies will not be able to get regularised as the roads are not that wide. We demand that this clause be scraped off.”
Background of the Rules
The Building Regularisation Rules were officially approved by the state cabinet in April 2026, with the dedicated online application portal subsequently going live on 14 May 2026. The policy is currently designed to cater to G+2 commercial and non-commercial structures on plots up to 300 square metres, carrying a minimum regularisation fee of Rs 10,000 for residential properties and Rs 20,000 for non-residential buildings.
