Prohibition of building without sanction

Prohibition of building without sanction-

1. (1) No person shall erect, materially alter, or re-erect or commence to erect, materially alter or re-erect any building without sanction of the Board. Provided that in an area in respect of which an authority has been constituted under the Assam Town and Country Planning Act, 1959, the power of giving sanction to erect, materially alter or re-erect or commence to erect, materially alter or re-erect any building shall vest in that authority and the sanction given by that authority shall be deemed to be a sanction of the Board.
2. (2) Every person who intends to erect, materially alter or re-erect any building shall give notice in writing to the Board of such intention. When byelaws have been framed under section 302, no notice under sub-section (2) shall be considered to be valid until notice is served under clause (iii) with such information as is necessary under clause (iv) of that section. Explanation–an alteration in a building for the purposes of this section and of byelaws be deemed to be material if it-
   • (a) affects or is likely to affect prejudicially the stability or safety of the building or the condition of the building in respect of drainage, ventilation, sanitation or hygiene; or
   • (b) increase or diminishes the height or area covered by, or the cubical capacity of the building, or of any room in the building.
3. (4) In the municipalities where water works are maintained it shall be compulsory for persons erecting or re-erecting buildings costing Rs. 5,000 or more (excluding cost of land and of improvement of land,) to install sanitary latrines. The Board shall without sanctioned if the plan and specification of the building submitted with the notice do not contain provision for installation of sanitary latrines. NOTES ASSAM (AMENDMENTS) Section 171–the proviso to the sub-section (1) was inserted vide Assam Act No.II of 1956, published in the Assam Gazette, dated 10-1-1966, and in sub-section (4) the figure and word “Rs. 5000” was also substituted by the same Amendment Act.