Deviation in construction of building within permitted level

If any building or structure of permanent nature has been constructed or commenced to construct after duly approved building construction plan, is found to have deviated from approved construction plan within permitted level deviation, the Municipal Commissioner or the Executive Officer shall not order for its demolition: Provided that the Municipal Commissioner or the Executive Officer shall proceed to realize such fine or penalty as is prescribed under this Act or rules, regulation or building regulation as the case may be: Provided further that deviation within permitted level shall not be a ground to prosecute the licensed architect.