Chapter XII BUILDINGS

Building site and construction or reconstruction of buildings: No place 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 Chapter and of any rules or regulations made under this Act relating to the use of building sites of the construction or reconstruction of buildings: Provided that the State Government may in respect of all municipal areas or with the consent of the municipality in respect of any particular areas or portion thereof, exempt all buildings or any class of buildings from all or any of the provisions of this chapter or the said rules.

Application to construct or reconstruct buildings:

1. (1) If any person intends to construct or reconstruct a building he shall send to the Executive Council-
   • (a) an application in writing for the approval of the site, together with a site plan of the land; and
   • (b) an application in writing for permission to execute the work together with a ground plan, elevations and Sections of the building, and specification of the work: Provided that the Executive Council may on application in writing by the person concerned and on payment of a prescribed fee get such plan prepared within a reasonable period. Explanation: 'Building' in this sub-section shall include a hut, a wall, foundation, plinth or fence of whatever height bounding or abutting on any public road.
2. (2) Every document furnished under sub-section (1) shall contain the following particulars and such other particulars as may be required under the rules or regulations made under this Act,-
   • (a) a copy of document showing his right over the land;
   • (b) a scaled map showing the land in relation to any existing building or road, or in the case of no such building or road in existence, the proposed line of building or road;
   • (c) a plan showing the levels, height and width of the proposed building, including its dimension, design, ventilation, drains, toilet, privies, water-closets and cesspools, if any, to be used in connection therewith;
   • (d) materials proposed to be used;
   • (e) the purpose for which the building will be used; and
   • (f) any other information or documents as may be required by the Rules framed under this Act.

Necessity for prior approval of site:

Prohibition against commencement of work without permission Prohibition against commencement of work without permission:

Period within which Executive Council is to grant or refuse to grant permission to execute work Period within which Executive Council is to grant or refuse to grant permission to execute work: Within thirty days after the receipt of any application made under section 128 for approval of a site or for permission to execute any work or of any information or of documents or further information or documents required under rules or bye-laws, the Executive Council shall by written order either approve the site or grant such permission or refuse on one or more of the grounds mentioned in section 133 to grant it.

Reference to Board of Councillors if Executive Council delays grant or refusal of approval or permission:

1. (1) If, within the period prescribed by section 131, the Executive Council has neither given nor refused its approval of a building site or its permission to execute any work, as the case may be, the Board of Councillors shall be bound, on the written request of the applicant, to determine by written order whether such approval or permission should be given or not.
2. (2) If the Board of Councillors does not, within one month from the receipt of such written request, deliver to the applicant an order either granting or refusing such approval or permission 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 regulations made under this Act.

Grounds on which approval of site for or licence to construct or reconstruct building may be refused:

1. (1) The only grounds on which approval of a site for the construction or reconstruction of a building or permission to construct or reconstruct a building may be refused are the following, namely-
   • (a) 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 some specified provision of any law, or some specified order, rule, declaration or regulation made under any law;
   • (b) that the application for such permission does not contain the particulars or is not prepared in the manner required under rules or regulations;
   • (c) that any of the documents referred to in section 128 have not been signed as required under rules or regulations;
   • (d) that any information or document which has been duly required for rules or regulations has or have not been duly furnished;
   • (e) that road have not been made or upgraded as required by section 119;
   • (f) that the proposed building would be an encroachment upon Government or municipal land; or
   • (g) that the safety of the site is doubtful or the site preparation work may, in the opinion of the Executive Council, cause danger, damage, unsafe or obstruction to any land, road or building in the vicinity.
2. (2) Whenever Executive Council or the Board of Councillors refuses to approve a building site for a building or to grant permission to construct or reconstruct a building, the reasons for such refusal shall be specifically stated in the order or resolution.

Lapse of permission: A permission given or deemed to have been given in respect of any construction or reconstruction under this Chapter shall be available for one year and after the expiry of the said period, such construction or reconstruction shall not be proceeded with, without a fresh application under section 128.

Power to Executive Council to require alteration of work:

1. (1) If the Executive Council finds that the work -
   • (a) is otherwise than in accordance with the plans or specifications which have been approved; or
   • (b) contravenes any of the provisions of this Act or any regulation, rule, order or declaration made thereunder; it may by notice require the owner of the building within a period stated either -
     • (i) to make such alteration as may be specified in the said notice with object of bringing work into conformity with the said plans of provisions; or
     • (ii) to show cause why such alterations should not be made.
2. (2) If the owner does not show cause as aforesaid, the Executive Council shall by an order cancel the notice issued under sub-section (1) or confirm the same subject to such modifications as it may think fit.

Application of provisions to alterations and additions: The provisions of this Chapter and of any rules or regulations made under this Act relating to construction and re-construction of buildings shall also be applicable to any alteration thereof or addition thereto:

Demolition or alteration of building work unlawfully commenced carried on or completed Demolition or alteration of building work unlawfully commenced carried on or completed:

1. (1) If the Executive Council is satisfied -
   • (a) that the construction or reconstruction of any building or well -
     • (i) has been commenced without obtaining the permission of the Executive Council or where an appeal has been preferred to the Board of Councillors in contravention of any order passed by the Board of Councillors in appeal; or
     • (ii) is being carried on, or has been completed otherwise than in accordance with the plans or particulars on which such permission or order was based; or
     • (iii) is being carried on, or has been completed in breach of any of the provisions of this Act or of any rule or regulation made under this Act or of any direction or requisition lawfully given or made under this Act or such rules or regulations; or
   • (b) that any alteration required by any notice issued under section 135 have not been duly made; or
   • (c) that any alteration of or addition to any building or any other work made or done for any purposes in, to or upon any building, has been commenced or is being carried on or has been completed in breach of this section, the Executive Council may make a provisional order requiring the owner or the builder to demolish the work done, or so much of it as, in the opinion of the Executive Council, has been unlawfully executed or to make such alterations as may in the opinion of the Executive Council be necessary to bring the work into conformity with the Act, regulations, rules, directions or requisition as aforesaid, or with the plans and particulars on which such permission or order was based; and may also direct that until the said order is complied with the owner or builder shall refrain from proceeding with the building.
2. (2) The Executive Council shall serve a copy of the provisional order made under sub-section (1) on the owner of the building together with a notice requiring him to show cause within a reasonable time to be mentioned in such notice why the order shall not be confirmed.
3. (3) If the owner fails to show cause to the satisfaction of the Executive Council, the Executive Council may confirm the order with any modification it may think fit to make, and such order shall then be binding on the owner.

Troughs and pipes for rainwater:

1. (1) The Executive Council may, by written notice require the owner of every building abutting on any road or street to put up and keep in good condition, proper troughs and pipes for catching and carrying the water from the roof and other parts of such building, and for discharging the same, in such manner as the water shall not fall upon the person passing along the road or street, or shall not cause damage to the road or street.
2. (2) Such trough or pipes should be put up in such a way that an outflow of water from it shall empty into the drain of the building or other drain.

Ruinous or dangerous building:

1. (1) If in the opinion of the Executive Council any building or anything affixed thereon is in ruinous conditions or is likely to fall or is in any way dangerous to any person occupying the building or other building in the neighbourhood, or to any person passing by such building, the Executive Council may, by written notice require the owner or occupier of such building to cause a proper hoarding or fence to be put up for the protection of passers by and other persons within such time as may be specified in the notice and if in its opinion the circumstances so demands, it may by written notice require the owner or occupier to demolish such building within such time as may be specified in the notice.
2. (2) If such owner or occupier fails to comply with the notice within the time specified, the Executive Council may take such action to cause a proper hoarding or fence, or to demolish the buildings, as the case may be; and all the expenses incurred for doing so shall be paid by the owner or occupier of such building, and shall be recoverable in the same manner as an amount payable on account of any fee or tax recoverable under this Act.

Filthy buildings etc.:

1. (1) Whoever, being the owner or occupier of any building or land whether tenantable or otherwise, suffers the same to be in a filthy and unwholesome condition, or in the opinion of the Executive Council, is a nuisance to persons residing in the neighbourhood, or is overgrown with prickly-pear or rank and noisome vegetation, and who, within a reasonable time after notice in writing by the Executive Council to cleanse, fails to comply with such notice, shall be punished with fine which may extend to rupees one hundred and with a further fine not exceeding rupees twenty five for every day during which the failure to comply with the notice is continued.
2. (2) Should the condition of the building be such as in the opinion of the Executive Council to render it unfit for human habitation, the Executive Council may further, by written notice, prohibit the use thereof for that purpose until it is rendered fit.

Deserted and offensive building: If any building, by reason of dilapidation, neglect, abandonment, misuse or disputed ownership, or of its remaining untenanted, is -

1. (a) becoming a resort of idle and disorderly persons having no ostensible means of subsistence, or who cannot give a satisfactory account of themselves, or
2. (b) coming into use for any unsanitary or immoral purpose, or
3. (c) affording a shelter to snakes, rats or other dangerous or offensive animals or insects, and is thereby open to the objection that it is a nuisance or so unwholesome or unsightly as to be a source of discomfort, inconvenience or annoyance to the neighbourhood or to persons passing by such building, require the owner or the persons claiming to be the owners, to cause the building to be demolished within a reasonable period not less than seven days from the date of such notice; and in the event of non-compliance of such notice, the Executive Council may on the expiry of the period specified, forthwith cause the building to be demolished, and sell the materials thereof and apply the sale proceeds to defray expenses incurred for doing so; and if the sale proceeds do not cover the expenses so incurred, the balance thereof shall be recovered from the owner of the persons claiming to be the owners.

Buildings at corners of roads:

1. (1) The Board of Councillors may require any building intended to be erected or re-erected at the corner of two streets or roads to be rounded off or played off to such height and to such extent or otherwise as it may determine, and may, with previous sanction of the State Government, acquire such portion of the site at the corner as may be necessary for public convenience or amenity.
2. (2) For any land so acquired, the State Government shall pay compensation.
3. (3) In determining such compensation, allowance may be made for any benefit accruing to the same premises from the improvement of the road.

Permission for certain projections:

1. (1) The Executive Council may give written permission to the owners or occupiers of buildings bordering public roads to put up open verandah, balcony or room to project towards the road from any upper storey thereof, with such conditions and at such height from the surface of the road as may be prescribed by Rules from time to time, or in the event of no such Rules being in force, as it may fix to an extent not exceeding four feet beyond the line of plinth or basement walls.
2. (2) Any such owner or occupier putting up such projections as aforesaid without such permission, shall be punished with fine which may extend to rupees one hundred with additional fine not exceeding rupees twenty-five every day during which he fails to remove the projection after the expiry of the date as may be fixed by the Executive Council for such removal under this section.
3. (3) In the event of prolonged failure to remove such projection, the procedure laid down in sub-section (4) of section 114 shall apply:

Power to enter and inspect buildings Power to enter and inspect buildings: It shall be lawful for the Executive Council or any Officer authorised by it at any time between sunrise and sunset, to enter into and inspect any building, and by written notice to direct all or any part thereof to be forthwith internally or externally or both lime-washed or painted or otherwise cleansed for sanitary reasons:

Appeal against order of Executive Council Appeal against order of Executive Council:

Power of State Government to make building rules and to classify municipal areas for the purpose of application of building rules Power of State Government to make building rules and to classify municipal areas for the purpose of application of building rules:

1. (1) The State Government may make rules to provide for-
   • (a) the regulation or restriction of the use of sites for buildings, and
   • (b) the regulation or restriction of building.
2. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters-
   • (a) information and plans to be submitted together with application under any of the provisions of this Chapter;
   • (b) requirements of sites;
   • (c) means of access;
   • (d) development of land into land sub-division and layout;
   • (e) land use classification and uses;
   • (f) open spaces, area and height limitation;
   • (g) parking spaces;
   • (h) requirements of parts of building plinth, habitable room, kitchen, pantry, bathroom and water closet, loft, ledge, mezzanine floor, store-room, garage, roof, basement, chimney, lighting and ventilation of room, parapet, wells, septic tanks, and boundary wall;
     • (i) provisions of lifts;
   • (j) exit requirements including doorways, corridors passageways, staircases, ramps and lobbies;
   • (k) fire protection requirements including materials and designs for interior decoration;
   • (l) special requirements of occupancies for residential building, educational building, institutional building, assembly building, business building, mercantile building, industrial building, storage building and hazardous building (including those for assembly, movement, parking, loading, unloading, public conveniences, water supply and vendors' plazas);
   • (m) structural designs;
   • (n) quality of materials and workmanship;
   • (o) alternative materials, methods of design, construction and tests;
   • (p) building services including electric supply, air-conditioning or heating, and telephone and telex;
   • (q) plumbing services;
   • (r) signs and outdoor display structures; compliance with the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976) relating to land and building;
   • (t) compliances with the provisions of any other Act, Regulation or Rules for the time being in force in Mizoram, as the State Government may direct;
   • (u) any other matter considered necessary in relation to building activities.
3. (3) The State Government may by notification exempt a municipal area or a group of municipal areas as classified under section 7 from the operation of all or any of the provisions of this Chapter or of the rules made under this section.
4. (4) While such exemption as aforesaid remains in force in any municipal area or group of municipal areas, the State Government may make rules consistent with the provision of this Chapter under this section for application to such municipal area or group of municipal areas.

Power of State Government to make separate building Law:

1. (1) Notwithstanding anything contained in this Chapter, the State Government may legislate a special Building Law to be enforced in such dangerous or special place or places as the State Government may, by notification, declare to be as such.
2. (2) A building law under sub-section (1) may provide for-
   • (a) restriction of use of sites having a gradient steeper than two vertical to one horizontal for construction of building of such types or of such materials;
   • (b) prohibition of sites where building construction whenever permitted in the form of stepped construction only with requirements of riveting works, drainage, protection of other works;
   • (c) prohibition or restriction of building construction within a geographically weak zone as the State Government may by a notification notify;
   • (d) restrictions and conditions in regard to the open spaces to be maintained in or around buildings and character of buildings;
   • (e) promulgation of uniform shape or look for all building at such place or places;
   • (f) compulsory installation of fire detecting and alarm facilities with extinguishing system; and
   • (g) such other matter of general or special nature for all or any type of buildings.