Chapter XXI BUILDINGS

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 235 F. 235 H. Prohibition of commencement of work without permission. - The construction or re-construction of a building shall not be commenced unless and until the Secretary has granted permission for the execution of the work. 235 I. Period within which approval or disapproval shall be intimated. - Within thirty days after the receipt of an application made under section 235 F for approval of a site or of any information, or further information required under any rules or byelaws, the Secretary shall by an order in writing either approve or refuse to approve the site and shall intimate the fact to the applicant. 235.J. Period with in which Secretary is to grant or refuse to grant permission to execute work. - Within thirty days after the date of receipt of an application made under section 235F for permission to execute any work or of any information or of document or further information or documents required under any rules or bye-laws, made under this Act, the Secretary shall by an order in writing either grant or refuse to grant such permission on any of the grounds mentioned in section 235L and shall intimate the fact to the applicant in writing: Provided that the said period of thirty days shall not commence until the site has been approved under section 235 I. 235 K. Reference to village Panchayat where Secretary makes delay in granting or refusing approval or permission. - (1) Where, within the period specified in section 235 I or 235 J, as the case may be, the Secretary has neither given nor refused approval of a building site, or permission to execute any work, as the case may be, the Village

Panchayat shall be bound on the written request of the applicant, to determine whether such approval or permission should be given or not.

1. (2) Whether the village panchayat does not, with in 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 it shall not be so as to contravene any of the provision of this Act or any rules or bye-laws made thereunder. 235 L. Grounds on which approval of building site or permission to construct or reconstruct a building may be refused. - (1) The grounds on which approval of site or permission to construct or re-construct a building shall be refused are the following namely: - (1)that the work or use of the site of the work or any of the particulars comprised in the site plan, ground plan, elevations, sections or specifications would contravene any law, or any order, rule, declarations, or bye-law made under any law; (ii)that application for the permission does not contain the particulars or is not prepared in the manner required by any rule or bye-law made under the Act; (iii)that may of the documents specified in section 235 F 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 rules or bye-laws made under this Act has not been duly furnished; (v)that the proposed building would be an encroachment upon a land belonging to the Government or the Village Panchayat; or (vi)that the land is under acquisition proceedings. (2)No application for approval of a building site or for permission to construct or reconstruct a building shall be refused with out stating the reasons for such refusal. 235 M. Lapse of Permission. - Where the construction or reconstruction of a building is not completed within the period specified in the permission, the permission shall lapse unless an application for extension of time is made before the expiry of the period specified. 235 N. Power of Secretary to require alteration in work. - (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 of declaration made there under, he may, by notice, require the person for whom such work is done, -
   • (i) to make such alteration as may be specified in the said notice to bring the work in conformity with the plans or specification approved or the provisions so contravened; or (ii)to show cause why such alteration should not be made, within such period as may be specified in the notice: Provided that any construction made in deviation from such approved plan or specifications may not be required to be altered unless it contravenes any specifications or provisions mentioned in this Act or building rules made thereunder. (2)Where such person does not show cause as aforesaid, he shall be bound to make the alterations specified in such notice. (3)Where such person shows sufficient cause as aforesaid, the Secretary shall, by order confirm, modify or cancel the notice issued under sub-section (1). 235 O. Stoppage of construction or reconstruction 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 is dangerous to human life.

235 P. Application to construct or re-construct huts. - (1) Every person who

proposes to construct or re-construct a hut in any land lying adjacent to the roads referred to in clause (b) of section 220, with in a Village Panchayat area shall send to the Secretary, - (a)a site plan of the land, and (b)an application for permission to execute the work.

1. (2) Every application and plan under sub-section (1) shall contain such particulars and be prepared in such manner as required by the rules or bye-laws made under this Act. 235 Q. Prohibition of commencement of work without permission. - No person shall, commence the construction or re-construction of a hut without permission in any land referred to in section 235 P. 235 R Period within which Secretary is to grant or refuse to grant permission to execute the work. - The Secretary shall within fourteen days after the date of receipt of an application under section 235 P, or any information or plan or further information or fresh plan required under the rules or bye-laws made under this Act, by an order in writing either grant the permission or refuse the permission on any of the grounds mentioned in section 235T. 235 S. Reference to Village Panchayat where Secretary causes delay in passing orders.
   • • (1) Where with in the period specified in section 235 R the Secretary has neither granted nor refused to grant permission to construct or re-construct a hut, the Village Panchayat shall be bound on the written request of the applicant to determine whether such permission should be granted or not.
2. (2) Where the Village Panchayat 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 there under. 235 T. Grounds on which permission to construct or re-construct hut may be refused. - (1)The grounds on which permission to construct or re-construct a hut may be refused are the following, namely: - (1)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 the proposed hut would be an encroachment upon the land belonging to the Government or the Village Panchayat (2)No application for permission to construct or re-construct a hut shall be refused without stating the reasons for such refusal. 235 U. 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 an application for extension of time is made before the expiry of the period specified.

r 185 186 187 xxxxx ''I J xxxxx L xxxxx J [235. Numbering of buildings. - (1) The Secretary of the village panchayat may in any area, where this Act is applicable, affix a number of a particular size and form on the side or outer door of any building or on any place at the entrance to the compound. (2)No person shall without any legal authority, destroy, remove or wipe out any such number affixed on any building in any such area. (3)When a number is affixed under sub-section (1) the owner of the building is liable to keep it up and renumber in case it is removed or faded away and if he defaults in doing so, the

Building Rules. - (1) The Government may make rules, - (a)for the regulation or restriction of the use of sites for the construction of building; (b)for the regulation and restriction of building construction. (2)Without prejudice to the generality of the powers conferred by clause (a) of subsection (1), rules made under that clause may provide that - (a)no unhealthy or dangerous site shall be used for building construction; (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 or persons. (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 along with the application for permission to construct a building; (b)height of buildings irrespective of or relative to the width of streets; (c)ground level and width of foundation of the ground floor and stability of structure; (d)number of storeys and height of the building and the height of rooms; (e)provisions for sufficient open space inside or outside and adequate means of ventilation; (f)provision for exit in case of fire; (g)provisions for secondary means of access for the removal of filth; (h)materials and methods of construction of external and partition walls, roofs and floors; Substituted by Act 13 of 1999. Omitted by Act 13 of 1999. Added by Act 13 of 1999.

(i)place, materials and methods of construction of hearths, smoke escapes, chimneys, staircases, latrines, drains and cess pools; (j)paving yards; and (k)restrictions on the use of inflammable materials in the building. 235 B. Building site and construction or reconstruction of building. - No part of the land shall be used as a site for the construction of a building and no building shall be constructed or re-constructed 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.

classes of buildings in particular streets or localities. - (1) (a) The village panchayat may issue public notice of intention to declare in any area or areas mentioned in the notice, that, - (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 village panchayat may consider suitable to the locality; or (b)that in any locality specified in the notice, the construction of only detached building shall be allowed; or (c)that in any road portion of road 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 use shall not be allowed without the special permission of the village panchayat. (2)No objection to any such declaration shall be received after a period of three months from the publication of such notice. (3)The village panchayat 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)The Secretary shall publish any declaration so confirmed which shall take effect from the date of its publication. (5)No person shall, after the date of publication of the declaration under sub-section (4), construct or reconstruct any building in contravention of such declaration. 235 D. Building at corner of street. - A village panchayat may require any building intended to be erected at the corner of two roads to be rounded off or splayed off 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 1984) such portions of the site at the corner as it may consider necessary for public convenience or amenity.

235 E. Prohibition of construction of doors, ground floor, windows and bars so as to open outwards. - Any door, gate, bar or ground floor, windows which opens outwards to any public road shall not be constructed or re-constructed. 235 F. Application to construct or reconstruct buildings. - (1) Where any person intends to construct or re-construct a building other than a hut within a village panchayat 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)and 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 on the boundary of the public street or any height abutting any public street. (2)Every document furnished under sub-section (1) shall contain such particulars and be prepared in such manner as may be required under the rules or bye-laws made under this Act.

The provisions of this Act and of any rule or bye-law made thereunder relating to construction and reconstruction of buildings shall also be applicable to any alteration thereof or addition thereto: Provided that repair 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 use and which do not affect the position or dimension of a building or any room therein shall not be deemed to be an alteration or an addition for the purpose of this section changing of roof or construction of walls by 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. 235 W. Demolition or alteration of building works unlawfully commenced, carrying on or completed. - (1) Where the Secretary is satisfied that - (i) the construction, or reconstruction or alteration of any building - (a) has been commenced without obtaining the permission of the Secretary or in contravention of the decision of the village panchayat; or (b)is being carried on, or has been completed otherwise than in accordance with the plans specifications, or information on which such permission or decision was based; or (c)is being carried on, or has been completed in contravention of any of the provisions of this Act or any rule or bye-law or order made or issued there under or any direction or requisition lawfully given or made under this Act, such rule, bye-law or order; or (ii)any alteration required by notice issued under section 235 N, has not been duly made; or (iii)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 235-V, he may make a provisional order requiring the owner or the persons for whom the work is done, to demolish the work done, or any part of it as, in the opinion of the Secretary, has been unlawfully executed or to make such alteration as may 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 fee as may be fixed by government, regularise any construction, re-construction, or alteration of the building, commenced, carried on or completed, without getting a plan approved by the Secretary or in deviation of the plan approved by him, if such construction or alteration of the building does not contravene any of the criteria or specifications mentioned in the Act or the rules made there under. (2)The Secretary shall serve a copy of the provisional order made under sub-section (1) on the owner or the persons for whom such work is done together with a notice requiring him to show cause with in a reasonable time, to be specified in such notice, why the order should not be confirmed. (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 order to such an 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, as the case may be, and expenses thereof shall be recoverable from the owner or such person. (4)Notwithstanding anything contained in sub-section (2) or sub-section (3), prosecution proceedings may be initiated against the owner or the person for whom the work is done. (5)Where the Government is satisfied that the construction, re-construction or alteration of any building has been carried out in violation of any of the provisions of this Act or any rule made there under or any direction lawfully given by the Government or Secretary, the Government may direct the Secretary of the Village Panchayat to cause the demolition of such construction, re-construction or alteration and if such direction is not complied within the time limit specified in such direction, the Government may arrange its demolition and the cost there of shall be recovered from the Village Panchayat.

1. (i) the construction, or reconstruction or alteration of any building -

1. (a) has been commenced without obtaining the permission of the Secretary or in contravention of the decision of the village panchayat; or (b)is being carried on, or has been completed otherwise than in accordance with the plans specifications, or information on which such permission or decision was based; or (c)is being carried on, or has been completed in contravention of any of the provisions of this Act or any rule or bye-law or order made or issued there under or any direction or requisition lawfully given or made under this Act, such rule, bye-law or order; or (ii)any alteration required by notice issued under section 235 N, has not been duly made; or (iii)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 235-V, he may make a provisional order requiring the owner or the persons for whom the work is done, to demolish the work done, or any part of it as, in the opinion of the Secretary, has been unlawfully executed or to make such alteration as may 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 fee as may be fixed by government, regularise any construction, re-construction, or alteration of the building, commenced, carried on or completed, without getting a plan approved by the Secretary or in deviation of the plan approved by him, if such construction or alteration of the building does not contravene any of the criteria or specifications mentioned in the Act or the rules made there under. (2)The Secretary shall serve a copy of the provisional order made under sub-section (1) on the owner or the persons for whom such work is done together with a notice requiring him to show cause with in a reasonable time, to be specified in such notice, why the order should not be confirmed. (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 order to such an 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, as the case may be, and expenses thereof shall be recoverable from the owner or such person. (4)Notwithstanding anything contained in sub-section (2) or sub-section (3), prosecution proceedings may be initiated against the owner or the person for whom the work is done. (5)Where the Government is satisfied that the construction, re-construction or alteration of any building has been carried out in violation of any of the provisions of this Act or any rule made there under or any direction lawfully given by the Government or Secretary, the Government may direct the Secretary of the Village Panchayat to cause the demolition of such construction, re-construction or alteration and if such direction is not complied within the time limit specified in such direction, the Government may arrange its demolition and the cost there of shall be recovered from the Village Panchayat.