Chapter IX BUILDING REGUI,ATIQNS

Building rules.

Power of corporation to regulate future construction of certain classes of buildings in particular streets or localities.

Buildings at corner of streets.

Prohibition against use of inflammable materials for buildings, etc., without permission.

Application to construct or reconstruct building.

Necessity for prior approval of the site.

Prohibition against commencement of work without permission.

Period within which commissioner is to signify approval or disapproval.

Period within which commissioner is to grant or refuse to grant permission to execute work.

Reference to standing committee if commissioner delays grant or refusal of approval or permission.

Grounds on which approval of site for, or permission to construct or reconstruct building may be refused.

Special powers for suspending permission to construct buildings.

Lapse of permission if not acted upon within six months and completed within two years.

Inspection by commissioner.

Power of commissioner to require alteration of work.

Power of commissioner to impose penalty in the case of unauthorised constructions or alterations.

Stoppage of work endangering human life.

Sections 272 to 284 shall not apply to huts.

Demolition of buildings.

Application of certain sections to huts.

Application to construct or reconstruct huts.

Prohibition against commencement of work without permission.

Period within which commissioner is to grant or refuse to grant permission to execute work.

Reference to standing committee if commissioner delays grant or refusal of permission.

Grounds on which permission to construct or reconstruct a hut may be refused. — The grounds on which permission to construct or reconstruct a hut may be refused are the following:

1. (a) that the work or the use of the site for the work would contravene some specified provision of any law, rule, by-law, order or declaration made thereunder;
2. (b) that the application for permission does not contain the particulars or is not prepared in the manner required under rules or by-laws;
3. (c) that any information or plan required by the commissioner under rules or by-laws has not been duly furnished;
4. (d) that streets or roads have not been made as required by section 250;
5. (e) that the land on which the hut is to be constructed, or the street or streets on which such land abuts are not adequately drained, levelled, or lighted; or
6. (f) that the proposed hut would be an encroachment upon Government or municipal land;
7. (g) that the land on which the hut is to be constructed is required for a public purpose under any law for the time being in force.

1. (2) Whenever the commissioner or standing committee refuses to grant permission to construct or reconstruct a hut, the reason for such refusal shall be specifically stated in the order.

Lapse of permission if not acted upon within three months and completed within one year. 293.

1. (1) If the construction or re-construction of any hut is not commenced within three months after the date on which permission was given to execute the work, the work shall not be commenced until an application has been made for the renewal of permission granted under this Chapter and the provisions of sections 288 to 292 shall, so far as may be, apply to such application for renewal of permission.
2. (2) If the construction or re-construction of the hut is not completed within such period (not exceeding one year from the date on which permission was given for the construction or re-construction as may be specified in this behalf) it shall not be continued thereafter until application has been made for the renewal of permission granted under this Chapter; and the provisions of sections 288 to 292 shall, so far as may be, apply to such application for renewal of permission.

Maintenance of external walls in repair. 294.

Application of provisions to alterations and additions Application of provisions to alterations and additions.

1. (1) The provisions of this Chapter and of any rules or by-laws made under this Act relating to construction and re-construction of buildings shall also be applicable to any alteration thereof or addition thereto: Provided that works of necessary repair which do not affect the position or dimensions of a building or any room therein shall not be deemed an alteration or addition for the purposes of this section.
2. (2) If any question arises as to whether any addition or alteration is a necessary repair not affecting the position or dimensions of a building or room such question shall be referred to the standing committee, whose decision shall be final.

ljemolition or alternticn of building or well-wcrk unlanful . ,cammeneed, carried on or, completed.

Power of eo&ssioner to tdifect removal of perso , or carrying on construction of buildin(js, etc.

Exemptions. 298. Any building constructed and used, or intended to be constructed and used, exclusively for the purpose of a plant house, meter-house, summer-house (not being a dwelling house), poultry house, or aviary, shall be exempted from the provisions of this Chapter other that section 271 provided the building be wholly attached, from, and situated at a distance of atleast three metres from the nearest adjacent building.

Power of standing committee to define and alter limits of hutting grounds.—The standing committee may, from time to time, define the limits of any hutting ground and may, from time to time, alter such limits.

Preparation of standard plan by commissioner where owner or occupier disagree, etc Preparation of standard plan by commissioner where owner or occupier disagree, etc.

Suspension of building pending preparation of standard plan.

Prohibinon of building contrary to stzndard plan.

Power of commissioner to require removal of building or hut not in conformity with standard plan.

Inspection report and preparation of standard plan by health officer and engineer in cases requiring expedition 1nsp:ction report and preparatian of standard plan by health offiwr and engineer in cases requiring expedition.

Approval by standing committee of standard plan and Schedules annexed to report

Power of commissioner to require owner or occupier to carry out improvements specified in Schedule A

Payment of expenses incurred in carrying out improvements

Disposal by the commissioner of materials of buildings or huts pulled down

Regulation of plots by standard plan and compensation for adjustments of plots.

Streets and passages shown in standard plan if not public streets to remain private.

Bathing arrangements and privy accommodation in hutting ground as shown in standard plan, to be kept open for use of tenants.

Owner of land in hutting ground to maintain certain conveniences on his land.

Right of owner of land and owner of building or hut over streets, land and drains shown in standard plan

Hutting ground when to be deemed a remodelled hutting ground

Power of owner to take land out of the category of hutting ground in certain cases

Power of standing committee to prescribe alignments for hutting ground streets

Power of commissioner to require removal of existing huts within the street or hut alignment in hutting ground

Power of commissioner to require space to be kept between masonry building in hutting ground and centre line of hutting ground street

Application of provisions of this Chapter to alterations or additions

Precautions in case of dangerous structures

Precautions in case of dangerous tanks, wells, holes, etc.," but it does not include the full text or sub-clauses for that section.

Prohibition of construotion of wells, tanks, eta., without tb wmmissiotler 's permission.

Power to stop dangerous quarrying.

Power to order filling in of pools, etc., which ate a nuisance and regulation of agriculture within City

Power to order cleafising of insauitary private watef mur3e, gp,prin(r, tank, well, eto., used for drinking,

Duty of commissioner in respeot of public well or receptacle a .~$~~~~~qf$tagnant water.

Prohibition against, or regulation of washing animals or clothes or fishing in river or estuary.

Prohibition against contaminating water-supply.

Untenanted buildings or lands.

Removal of filth or noxious vegetation.

If in the opinion of the commissioner the storage, dumping or deposit in any building or land of coal, charcoal, ashes, cinders, gunny bags, wool, cotton, or any material or the sifting, breaking, cutting or burning of such coal, and, by the emanation of dust, floating particles, smoke, unwholesome smell or noise or otherwise, he may, by notice, require the owner or occupier of such building or land to take such steps as may be specified in the notice for the abatement of such nuisance.

The commissioner may by notice require the owner or occupier of any building or land near a public street to—

1. (a) fence the same to the satisfaction of the commissioner ; or
2. (d) lower an enclosing wall or fence which by reason of its height and situation obstructs the view of traffic so as to cause danger.
3. (b) trim or prune any hedge bordering on the said street so that they may not exceed such height from the level of the adjoining roadway as the commissioner may determine ; or
4. (c) cut and trim any hedges and trees overhanging the said street and obstructing it or the view of traffic or causing it damage ; or

The commissioner, if it appears to him necessary for sanitary purposes so to do, may, by notice, require the owner or occupier of any building to limewash or otherwise cleanse the building inside and outside in the manner and within a period to be specified in the said notice.

1. (1) Whenever the commissioner considers—
   • (a) that any building or portion thereof is, by reason of its having no plinth or having a plinth of insufficient height, or by reason of the want of proper drainage or ventilation or by reason of the impracticability of cleansing, attended with danger of disease to the occupiers thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger the public health or safety, or
   • (b) that a block or group of buildings, is, for any of the said reasons, or by reason of the manner in which the buildings are crowded together, attended with such risk as aforesaid, he may, by notice, require the owners or occupiers of such buildings or portions of buildings or at his option, the owners of the land occupied by such buildings, or portions of buildings to execute such works or to take such measures as he may deem necessary for the prevention of such danger.
2. (2) No person shall be entitled to compensation for damages sustained by reason of any action taken under or in pursuance of this section save when a building is demolished in pursuance of an order made hereunder, or so far demolished as to require re-construction, in which cases the corporation shall make compensation to the owner thereof.
3. (3) When any building is entirely demolished under this section and the demolition thereof adds to the value of other buildings in the immediate vicinity, the owners of such other buildings shall be bound to contribute towards the compensation payable to the owner of the first-named building in such proportion to the increased value acquired by their respective buildings as may be determined by the commissioner.
4. (4) When any building is so far demolished under this section as to require re-construction, allowance shall be made, in determining the compensation, for the benefit accruing to the premises from the improvement thereof.

Buildings unfit for human habitation.

~batemmt of V- wi in dwelli~~g-l~]~~~~~ dwcrlinp., place.

Power of commissioner 10 i~sc or sell ~nalerials of deag-rous I building takcn down, etc.

Limitation of compensation.