Chapter XVIII BUILDINGS

BUILDING RULES.—

1. (1) The Government may make rules -
   • (a) for the regulation or restriction of the use of sites for building; and
   • (b) for the regulation or restriction of building construction.
2. (2) Without prejudice to the generality of the powers conferred by clause (a) of sub-section (1), rules made under that clause may provide that -
   • (a) no insanitary or dangerous site shall be used for building construction; and
   • (b) no site shall be used for the construction of a building intended for public worship, if the construction thereon will wound the religious feelings of any class of persons.
3. (3) Without prejudice to the generality of the powers conferred by clause (b) of sub-section (1), rules made under that clause may provide for the following matters:- namely
   • (a) information and plans to be submitted together with applications for permission to construct a building;
   • (b) height of buildings, whether absolute or relative to the width of streets;
   • (c) level and width of foundation level of lowest floor, and stability of structure;
   • (d) number and height of storeys composing a building and height of rooms;
   • (e) provision of sufficient open space external or internal and adequate means of ventilation;
   • (f) provision of means of egress in case of fire;
   • (g) provision of secondary means of access for the removal filth;
   • (h) materials and methods of construction of external and partition walls, roofs and floors;
     • (i) position, materials and methods of construction of hearths, smoke escapes, chimneys, staircases, latrines, drains, cesspools ;
   • (j) paving of yards;
   • (k) restrictions on the use of inflammable materials in the building; and
   • (l) in the case of wells, the dimensions of the well in the manner of enclosing it, and if the well is intended for drinking purposes the means which shall be used to prevent pollution of water.

BUILDING SITE AND CONSTRUCTION OR RECONSTRUCTION OF BUILDINGS.— No piece of land shall be used as a site for the construction of a building and no building shall be constructed or reconstructed otherwise than in accordance with the provisions of this part and of any rules or bye-laws made under this act relating to the use of building sites or the construction or reconstruction of buildings.

Power of Municipality to regulate further construction of certain classes of buildings in particular streets or localities.—

1. (1) A Municipality may give public notice of its intention to declare-
   • (a) that in any street or portions of streets specified in the notice,-(i) continuous building shall be allowed ;
     • (ii) the elevation and construction of the frontage of all buildings thereafter constructed or reconstructed shall in respect of their architectural features, be such as the Municipality may consider suitable to the locality; or
   • (b) that in any locality specified in the notice, the construction of only detached buildings shall be allowed; or
   • (c) that in any street, portion of streets or localities specified in the notice, the construction of shops, warehouses, factories, huts or buildings of a specified architectural character of buildings destined for particular uses shall not be allowed without the special permission of the Municipality.
2. (2) No objection to any such declaration shall be received after a period of three months from the publication of such notice.
3. (3) The Municipality shall consider all objections received within the said period and may modify or confirm the declaration and the modification shall not be so as to extend its effect.
4. (4) The Secietary shall publish the declaration which shall take effect from the date of publication.
5. (5) No person shall,after the date of publication of the declaration under sub-section
6. (4) construct or reconstruct any building in contravention of such declaration.

PROHIBITION OF CONSTRUCTIONS ABUTTING THE PUBLIC ROADS.— Notwithstanding anything contained in this Act, no person shall construct any building or structure other than a compound wall in any land abutting any National Highway, State Highway, District Road or any other roads notified by the Municipality within a distance of three metres from the road boundary of his land abutting the road: Provided that the said limit of three metres shall not be applicable for the construction, subject to the Building Rules, of first floor or second floor or of both upon a building, existing on the date of coming into force of this Act: Provided further that, any path, bridge or similar constructions used solely for entering into any building or weather shade or sun shade forming part of the building may, subject to the Building Rules, be constructed within the said three metre limit: Provided also that when the part of the existing building is demolished for the implementation of any town planning scheme, it shall be in such a way as not to adversely affect the remaining portion of the building or the new addition made and the complete responsibility regarding the safety and stability of it shall be on the owner of the building and when he makes such demolition it shall be performed at his own cost and responsibility and he shall not be eligible for any compensation for the said construction and he shall submit a consent letter for this purpose alongwith the application.

BUILDINGS AT CORNER OF STREETS.— A Municipality may require any building intended to be erected at the corner of two streets to be rounded of or splayed of to such height and extend as it may determine, and may acquire, in accordance with the provisions of the Land Acquisition Act ,1894 (Central Act 1 of 1894), such portion of the site at the corner as it may consider necessary for public convenience or amenity.

PROHIBITION USE OF INFLAMMABLE MATERIALS FOR BUILDING CONSTRUCTION WITHOUT PERMISSION.— No external roof, verandah, pandal or wall of a building shall be constructed or reconstructed of grass, leaves, mats or other inflammable materials except with the permission of the Municipality.

PROHIBITION OF CONSTRUCTION OF DOORS, GROUND FLOOR WINDOWS AND BARS SO AS TO OPEN OUTWARDS.— No door, gate, bar or ground floor window which opens on any public street shall be constructed or reconstructed so as to open outwards except with a licence under section 366.

APPLICATION TO CONSTRUCT OR RECONSTRUCT BUILDING.—

1. (1) Where any person intends to construct or reconstruct a building other than a hut within a municipal area, he shall send to the Secretary-
   • (a) an application in writing together with a site plan of the land for the approval of the site; and
   • (b) an application in writing together with a ground plan, elevation and sections of the building and specification of the work for permission to execute the work. Explanation.— Building in this sub-section shall include a wall or fence of whatever height bounting or abutting on any public street.
2. (2) Every document furnished under sub-section(l) shall contain such particulars and be prepared in such manner as may be required under the rules or bye-laws made under this Act.

REQUIREMENT OF PRIOR APPROVAL OF SITE.— The Secretary shall not grant permission to construct or reconstruct a building unless and until he has approved the site on an application made under section 387.

PROHIBITION OF COMMENCEMENT OF WORK WITHOUT PERMISSION.— The construction or reconstruction of a building shall not be begun unless and until the Secretary has granted permission for the execution of the work.

PERIOD WITHIN WHICH APPROVAL OR DISAPPROVAL SHALL BE INTIMATED.— Within thirty days after the receipt of an application made under section 387 for approval of a site or of any information or further information required under any rules or bye-laws made under this Act, the Secretary shall, by written order, either approve or refuse to approve the site on any of the grounds mentioned in section 393 and intimate the fact to the applicant.

PERIOD WITHIN WHICH SECRETARY IS TO GRANT OR REFUSE TO GRANT PERMISSION TO EXECUTE WORK.— Within thirty days after the date of receipt of an application under section 387 for permission to execute any work or of any information or of document or further information or documents required under the rules or bye-laws made under this Act, the Secretary shall, by written order either grant or refuse to grand such permission on any of the grounds mentioned in section 393 and intimate the fact to the applicant in writing:

REFERENCE TO COUNCIL WERE SECRETARY DELAYS GRANT OR REFUSAL OF APPROVAL OR PERMISSION REFERENCE TO COUNCIL WERE SECRETARY DELAYS GRANT OR REFUSAL OF APPROVAL OR PERMISSION.—

1. (1) Where, within the period specified in section 390 or section 391, as the case may be, the Secretary has neither given nor refused his approval of a building site, or his permission to execute any work, as the case may be, the Council shall be bound, on the written request of the applicant, to determine whether such approval or permission should be given or not.
2. (2) Where the Council does not, within one month from the date of receipt of such written request, determine whether such approval or permission should be given or not, such approval or permission shall be deemed to have been given, and the applicant may proceed to execute the work, but not so as to contravene any of the provisions of this Act or any rules or bye-laws made thereunder.

GROUNDS ON WHICH APPROVAL OF SIGHT OR PERMISSION TO CONSTRUCT OR RECONSTRUCT BUILDING MAY BE REFUSED.—

1. (1) The grounds on which approval of site for construction or reconstruction of a building or permission to construct or reconstruct a building shall be refused are the following, namely:—
   • (i) that the work or use of the site for the work or any of the particulars comprised in the site plan, ground plan, elevations, sections or specifications would contravene provisions of any law, or any order, rule, declaration or bye-law made under such law;
   • (ii) that the application for such permission does not contain the particulars or is not prepared in the manner required by any rule or bye-law made under this Act;
   • (iii) that any of the documents referred to in section 387 has not been signed as required by rules or bye-laws made under this Act;
   • (iv) that any information or document required by the Secretary under the rules or bye-laws made under this Act has not been duly furnished;
   • (v) that the streets or roads have not been made as required under section 359;
   • (vi) that the proposed building would be an encroachment upon a land belonging to the Government or the Municipality; or
   • (vii) that the land is under acquisition proceedings.
2. (2) No application for approval of a building site or for permission to construct or reconstruct a building shall be refused without stating the reasons for such refusal.

LAPSE OF PERMISSION.— Where the construction or reconstruction of a building is not completed within the period specified in the permission, such permission shall lapse unless an application for extension of time is made before the expiry of the period specified.

POWER OF SECRETARY TO REQUIRE ALTERATION IN WORK.—

1. (1) Where it comes to the notice of the Secretary that a work,-
   • (a) is not in accordance with the plans or specifications approved, or
   • (b) is in contravention of any of the provisions of this Act or any rule, bye-law, order or declaration made thereunder, he may, by notice, require the person for whom such work is done-
     • (i) to make such alterations as may be specified in the said notice with the object of bringing the work in conformity with the plans or specifications approved or the provisions so contravened; or
     • (ii) to show cause why such alterations should not be made, within such period as may be specified in the notice. Provided that any construction made in deviation from the approved plan and specifications may not be required to be altered unless it contravenes any provisions and specification mentioned in this Act or the Building Rules made thereunder.
2. (2) Where such person does not show cause as aforesaid, he shall be bound to make the alterations specified in such notice.
3. (3) Where such person shows sufficient cause as aforesaid, the Secretary may, by order confirm, modify or cancel the notice issued under sub-section(l).

STOPPAGE OF WORK ENDANGERING HUMAN LIFE.— Notwithstanding anything contained in any of the foregoing provisions in this Chapter, the Secretary may, at any time, stop the construction or reconstruction of any building if, in his opinion, the work in progress endangers human life.

APPLICATION OF CERTAIN SECTIONS TO WELIS.— The provisions of section 387, 388, 389, 394,395 and 396 shall, as far as may be, apply to the digging of a well.

APPLICATION TO CONSTRUCT OR RECONSTRUCT HUTS.—

1. (1) Every person who intends to construct or reconstruct a hut within a municipal area shall send to the Secretary-
   • (a) a site plan of the land, and
   • (b) an application for permission to execute the work.
2. (2) Every such application and plan under sub-section (1) shall contain such particulars and be prepared in such manner as required by rules or bye-laws made under this Act.

PROHIBITION OF COMMENCEMENT OF WORK WITHOUT PERMISSION.— No person shall begin the construction or reconstruction of a hut without the permission under section 398.

PERIOD WITHIN WHICH SECRETARY IS TO GRANT OR REFUSE, TO GRANT PERMISSION TO EXECUTE THE WORK.— Within fourteen days after the date of receipt of an application under section 398 or of any information or plan or further information or fresh plan required under the rules or bye-laws made under this Act, the Secretary shall, by written order, either grant or refuse permission on any of the grounds mentioned in section 402.

REFERENCE TO COUNCIL WHERE SECRETARY DELAYS PASSING ORDERS.—

1. (1) Where within the period specified in section 400, the Secretary has neither granted nor refused to grant permission to construct or reconstruct a hut, the Council shall be bound on the written request of the applicant to determine whether such permission should be granted or not.
2. (2) Where the Council does not, within thirty days from the date of receipt of such written request, determine whether such permission should be granted or not, such permission shall be deemed to have been granted and the applicant may proceed to execute the work but not so as to contravene any of the provisions of this Act or any rules or bye-laws made thereunder.

GROUNDS ON WHICH PERMISSION TO CONSTRUCT OR RECONSTRUCT HUT MAY BE REFUSED.—

1. (1) The grounds on which permission to construct or reconstruct a hut may be refused are the following, namely:-
   • (i) that the work or use of the site for the work would contravene the provisions of any law or any order, rule, bye-law or declaration made under such law;
   • (ii) that the application for permission does not contain the particulars or are not prepared in the manner required by any rule or bye-law made under this Act;
   • (iii) that any information or plan required by the Secretary under the rules or bye-laws made under this Act has not been duly furnished;
   • (iv) that streets or roads have not been made as required under Section 359; or
   • (v) that the proposed hut would be an encroachment upon a land belonging to the Government or the Municipality.
2. (2) No application for permission to construct or reconstruct a hut shall be refused without stating the reasons for such refusal.

LAPSE OF PERMISSION.— Where the construction or reconstruction of a hut is not completed within the period specified in the permission, such permission shall lapse unless as application for extension of time is made before the expiry of the period specified.

MAINTENANCE OF EXTERNAL WALLS IN REPAIR.— The owner or occupier of any building adjoining a public street shall keep the external part of the building in proper repair, with lime or cement plaster or any other material to the satisfaction of the Secretary.

APPLICATION OF PROVISIONS TO ALTERATIONS AND ADDITIONS.— The provisions of this Chapter and of any rule or bye-law made under this Act relating to construction and reconstruction of buildings shall also be applicable to any alteration thereof or addition thereto: Provided that works using materials of the same nature and value to keep the building as such without enhancing its value and without changing its occupancy and usage and which do not affect the position or dimension of a building or any room therein shall not be deemed an alteration or an addition for the purpose of this section. Changing of roof by using a different materiel, fitting of rolling shutters, building of walls using a different material and other similar works which enhance the value of the building to any extent will not be treated as repair but as a new construction.

Demolition or alteration of building work unlawfully commenced, carried on or completed.—

1. (1) Where the Secretary is satisfied-
   • (i) that the construction, reconstruction or alteration of any building or digging of any well-
   • (a) has been commenced without obtaining the permission of the Secretary or in contravention of the decision of the Council; or
   • (b) is being carried on, or has been completed otherwise than in accordance with the plans or specifications on which such permission or decision was based; or
   • (c) is being carried on, or has been completed in breach of any of the provisions of this Act or any rule or bye-law or order made or issued thereunder or any direction or requisition lawfully given or made under this Act, such rule, bye-law or order; or
     • (ii) that any alteration required by any notice issued under section 395 has not been duly made; or
     • (iii) that any alteration of or addition to any building or any other work made or done for any purpose in or upon any building has been commenced or is being carried on or has been completed in contravention of the provisions of section 405, he may make a provisional order requiring the owner or the person for whom the work is done to demolish the work done, or so much of it as, in the opinion of the Secretary, has been unlawfully executed or to make such alterations as may, in the opinion of the Secretary, be necessary to bring the work in conformity with the provisions of this Act, bye-laws, rules, direction, order or requisition as aforesaid, or with the plans and specifications on which such permission or decision was based, and may also direct that until the said order is complied with, the owner or such person shall refrain from proceeding with the work. Provided that the Secretary may, on realisation of a compounding fees as may be fixed by the Government, regularise any constructions, reconstruction or alteration of any building or digging of any well, commenced, carried on or completed without getting a plan approved by the Secretary or in deviation of the approved plan, if such construction, reconstruction or alteration of the building or digging of the well does not contravene any of the provisions and specifications mentioned in this Act or the Building Rules made thereunder.
2. (2) The Secretary shall serve a copy of the provisional order made under sub-section (1) on the owner or the person for whom such work is done together with a notice requiring him to show cause within a reasonable time, to be specified in such notice why the order should not be confirmed.
3. (3) Where the owner or the person for whom the work is done fails to show cause to the satisfaction of the Secretary, the Secretary may confirm the order or modify the same to such extent as he may think fit to make, and such order shall then be binding on the owner or the person for whom the work is done and on the failure to comply with the order, the Secretary may himself cause the building or part thereof, demolished or the well dismantled, as the case may be and the expenses therefor shall be recoverable from the owner or such person.
4. (4) Notwithstanding anything contained in sub-section (2) or sub-section (3), prosecution proceedings against the owner or the person for whom the work is done may be inititated.
5. (5) Where the Government is satisfied that the construction, reconstruction or alteration of any building has been carried out in breach of any of the provisions of this Act or any rules made thereunder or any direction lawfully given by the Government, or Secretary, the Government may direct the Secretary of the Municipality to cause demolition of such construction, reconstruction or alteration unlawfully carried out and if such direction is not complied within the time limit specified in such direction, the Government may arrange the demolition and cost thereof shall be recovered from the Municipality.

POWER TO REGULARISE THE UNLAWFUL BUILDING CONSTRUCTION.—

1. (1) Notwithstanding anything contained in this Act, if any person or institution unlawfully, developed any land or constructed any building on or before 15th October 1999, the Government may after consultation with the concerned Municipality on realisation of a compounding fee as prescribed, regularise such land development or building construction: Provided that such regularisation shall not adversely affect any Town Planning scheme or master plan approved under the existing provisions of the Town Planning Act: Provided further that no building construction shall be regularised, which is done in contravention of the provisions in respect of the Security arrangements provided in this Act, or the Building Rules made thereunder.
2. (2) Application for regularisation under sub-section (1) shall be submitted within such time and in such manner as prescribed. EXPLANATION.— For the purpose of this Act, unlawful construction means any construction for which the Secretary shall have no power to regularise under Section 406 of this Act or any construction or re-construction done in contravention of the provision of this Act or the Building Rules made thereunder or in contravention of any approved plan or any construction done in deviation of any exemption order sanctioned by the Government or any condition specified therein.

ORDER OF STOPPAGE OF BUILDINGS OR WORKS IN CERTAIN CASES.—

1. (1) Where the erection of any building or the execution of any work has been commenced or is being carried on (but has not been completed) without obtaining the permission of the Secretary or in contravention of any decision of the Council or any of the provisions of this Act or any rule or bye-law made thereunder or any lawful direction or requisition given or made under this Act, or the rules or bye-laws, the Secretary may, without prejudice to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or it being carried on, to stop the same forthwith.
2. (2) Where such order is not compiled with, the Secretary may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified in the requisition, and such police officer shall comply with the requisition accordingly.
3. (3) After the requisition under sub-section (2) has been complied with, the Secretary may, if he thinks fit, require in writing the assistance of a police officer or depute by a written order an officer or employee of the Municipality to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued and the cost thereof shall be paid by the person at whose instance such erection or execution was being continued or to whom notice under sub section (1) was given, and shall be recoverable from such person as an arrear of property tax under this Act.

CERTAIN BUILDINGS OR SHEDS EXEMPTED.—

1. (1) Any building constructed and used, or intended to be constructed and used, exclusively for the purposes of a plant-house (not being a dwelling house), or sheds for keeping fuel or firewood for the domestic use of its owner or for keeping agricultural implements, tools, rubbish or other materials or for watching crops or sheds and other temporary sheds used exclusively for the purpose of kennels intended for keeping not more than two dogs, cattle shed intended for keeping not more than two cattle and each one of its calves or aviary intended for keeping not more than ten bird like hen, duck etc., shall stand exempted from the provisions of this Chapter other than section 386, provided the building is wholly detached from, and situate at a distance of at least one metre from the adjacent building.
2. (2) The Secretary may grant permission to a person on such terms as the Council may generally decide in each case to erect for a specified period huts or sheds of a purely temporary nature for stabling, or other similar purposes. On the failure of the person to demolish or dismantle it at the expiry of the period specified, the Secretary may cause it to be demolished or dismantled and the cost therefor shall be recovered from such person as if it were an arrear of property tax under this Act.