Chapter XIV BIDLDING REGULATIONS

"to erect buildings" means-

1. (a) to erect a new building on any site whether previously built upon or not;
2. (b) to re-erect-

(i)any building of which more than one-half of the cubical

contents above the level of the plinth have been pulled down,

burnt or destroyed; or

1. (ii) any building of which more than one-half of the superficial

area of the external walls above the level of the plinth has

been pulled down; or

down;

building without sanction.

Erection of

building.

building.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (c) to convert into a dwelling house any building or any part of a

purpose;

1. (d) to convert into more than one dwelling house a building originally

constructed as one dwelling house only;

1. (e) to convert into a place of religious worship or into sacred building

extent of the structure which is formed by the roofing or covering of such space;

1. (g) to convert two or more tenements in a building into greater or lesser number;
2. (h) to convert into a stall, shop, warehouse or godown, stable, factory

regulations;

this behalf.

1. (2) Every such notice shall be accompanied by such documents and plans as may be prescribed.

252. (1) Every person who intends to execute any of the following works,

namely:-

1. (a) to make any addition to a building;

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (b) to make any alteration or repairs to a building involving the

1. (c) to make any alteration or repairs to a frame building involving

the removal or re-erection of more than one half of the posts

in any such wall thereof as aforesaid or involving the removal

1. (d) to make any alteration in a building involving-
   • (i) the sub-division of any room in such building so as to

into a room or rooms;

1. (e) to repair, remove, construct, reconstruct, or make any addition

to or structural alteration in any portion of a building abutting

on a street which stands within the regular line of such street;

(f)to close permanently any door or window in an external wall;

1. (g) to remove or reconstruct the principle staircase or to alter its position,

1. (2) Every such notice shall be accompanied by such documents and plans as may be so prescribed.

1. (2) No notice shall be valid until the information required under

1. (1) The Commissioner shall sanction the erection of a building or theSanction or

execution of a work, unless such building or work would contravene any of therefusal of building

or works.

valid notice.

When building or work may be processed with. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) The grounds on which the sanction of a building or work may be

refused shall be the following, namely:-

1. (a) that the building or work, or the use of the site for the building

or work or any of the particulars comprised in the site plan,

ground plan, elevation section or specification would

such other law;

1. (b) that notice for sanction does not contain the particulars or

not prepared in the manner required under the bye-laws made

in this behalf;

1. (c) that any information or documents required by the Commissionerunder this Act or any bye-laws made

thereunder has or have not been duly furnished;

1. (d) that in cases falling under section 230, layout plans have

not been sanctioned in accordance with section 231;

1. (e) that the building or work would be an encroachment on

1. (g) that the building or work would be in contravention of any scheme sanctioned under section 267;
2. (h) that a building for habitation, does not provide for a flush or a water seallatrins.

1. (3) The Commissioner shall communicate the sanction to the person

1. (4) The sanction or refusal as aforesaid shall be communicated in

or work and person by whom the notice has been given shall be free to commence

1. (2) Where a building or work is sanctioned or is deemed to have been

any other law or of any be-law made thereunder.

1. (3) If the person or anyone lawfully claiming under him does not

original notice.

1. (4) Before commencing the erection of a building or execution of a

not be made.

Buildings at corners of streets.

Provisions as to

buildings and works on new side.

building or work. Prohibition against use of inflammable materials for buildings etc. without permission. Order of demolition and stoppage of building and works in certain cases and appeal.

1. (2) The erection of any such building or the execution of any such

or any other law for the time being in force.

execution of a work, shall specify a reasonable period after the commencement of the building or work within which the building or work is to be comp leted and if the building or work is not completed within the period so specified it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Commissioner on application made, therefor, has allowed an extension of that period.

being less than three days from the date on which a copy of the order of demolition

not be made: Provided further that where the erection or work has not been

completed the Commissioner may by the same order or by a separate order, whether

1. (2) Any person aggrieved by an order of the Commissioner made

1. (3) Where an appeal is preferred under sub-section (2) against an

think fit:

1. (4) Save as provided in this section no court shall entertain any suit,

1. (5) Every order made by the Court of the '[Divisional Commissioner]

1. (6) Where no appeal has been preferred against an order of demolition

may be, within the period, if any fixed by the Court of the1[Divisional Commissioner]

Inserted by Haryana Act1 of 2007. Order of stoppage of building or works in certain cases.

Power of Commissioner to require alteration of work. Power to seal premises. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) Ifan order made by the Commissioner under section 261 or under

1. (3) After the requisition under sub-section (2) has been complied

not continued. (4)Where a police officer or a Corporation Officer or other Corporation

either-

1. (a) to make such alterations as may be specified in the said

or

1. (b) to show cause why such alterations should not be made

within the period stated in the notice.

1. (2) If the person or the owner does not show cause as aforesaid, he shall

be bound to make the alterations specified in the notice.

1. (3) If the person or the owner shows cause as aforesaid, the Commissioner shall by an order either cancel the notice issued under sub-section(1) or confirm

order under section 261 or 262 may order to seal the premises.

1. (2) Where any premises has been sealed, the Commissioner, may order

such seal to be removed for the purpose of-

1. (a) allowing an opportunity to the owner to bring it in conformity

with the sanctioned building plan as per the provisions of this

Inserted by Haryana Act 12 of 2013.

1. (b) allowing the functionaries of the Corporation to bring it in

owner; or

1. (c) demolition, at the cost of the owner.

1. (3) No person shall remove such seal except-
   • (a) under an order made by the Commissioner under sub-section (2); or
   • (b) under an order of the appellate authority.
2. (4) Where any order of sealing has been passed under sub-section (1), the

peremises.

1. (5) In the event of non-payment of the cost by the owner as per

1. (2) No person shall occupy or permit to be occupied any such building

265. (1) No person shall, without the written permission of the

Commissioner, or otherwise than in conformity with the conditions, if any, of such

permission- Completion Certificate.

Restrictions on use

of buildings and removal of dangerous

1. (a) use or permit to be used for human habitation any part of abuildings.

building not originally erected or authorised to be used for

Power to order building to be vacated in certain circumstances.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

that purpose or not used for that purpose before any alteration

thereunder;

1. (b) change or allow the change of the use of any land or building;
2. (c) convert or allow the conversion of one kind of tenement into another kind.

1. (2) If it appears to the Commissioner at any time that any building is

1. (3) The Commissioner may also, ifhe thinks fit, require such owner or

1. (4) If it appears to the Commissioner that danger from a building

1. (5) If the owner or occupier of the building does not comply with the

1. (6) All expenses incurred by the Commissioner in relation to any

building under this section shall be recoverable from the owner or occupier thereof

as an arrear of tax under this Act.

1. (2) If any person fails to vacate the building in pursuance of such

1. (3) The Commissioner shall, on the application of any person who

1. (a) the restriction of the erection or re-erection of buildings or

any class of buildings in the whole or any part of the city,

and of the use to which they may be put:

1. (b) the prescription of a building line on either side or both sides

exceed fifty per centum:

compensation;]

1. (d) the determination of the size and shape of a reconstituted

1. (e) the formation of a reconstituted plot by the alteration of the

1. (g) the allotment of a plot to any owner dispossessed of land in

furtherance of the scheme;

1. (h) the transfer of ownership of a plot from one person to another; and (i)the details of the internal services, estimated cost for

MUNICIPAL CORPORATION[1994 : Hr. Act 16

scheme;

1. (2) internal services shall mean-
   • (i) metalling of roads and paving of footpaths;
   • (ii) turning and plantation with trees of open spaces;
   • (iii) street lighting;
   • (iv) adequate and wholesome water supply;
   • (v) sewers and drains both for storm and sullage water and

necessary provision for their treatment and disposal; and

1. (vi) any other works that the Corporation may think necessary

for the development of the area comprised in the scheme.

1. (2) When a scheme has been drawn up under the provisions of sub-

1. (3) The Corporation shall consider every objection or suggestion

1. (4) If a Corporation fails to submit a scheme within six months of

1. (5) While sanctioning a scheme the Government may impose condition

1. (6) After the scheme has been sanctioned, the Corporation shall

proceed to provide internal services as soon as possible and complete it within a

period of five years from the date of its sanction.

area; and

1. (ii) 'unbuilt area' is an area within the local limits of a Municipal

area which is declared as such at a special meeting of the

and appeal.

(1)Notwithstanding anything contained in section 267, the