1. SHORT TITLE, EXTENT AND COMMENCEMENT
1.1 Short title: - These byelaws may be called the Meghalaya Building-Bye Laws 2011.
1.2 Extent: - These byelaws shall apply to all the Master Plan Areas and Scheme Areas notified or to be notified from time to time within the State.
1.3 Commencement: -These byelaws shall come into force on such date as the Meghalaya Urban Development Authority may make Notification in the Official Gazette.
1.4 Applicability: - They shall apply to the building activity given in 1.4.1 to 1.4.4 below: -
1.4.1. When a building is newly erected, the bye-laws shall apply to the designs and construction of the building
1.4.2. Where the whole or any part of the building is dismantled/repaired.
1.4.3. Where the whole or any part of the building is demolished.
1.4.4. Where the occupancy or use of the building is changed.
2.0. For the purpose of the Byelaws the following definitions shall have the meaning indicated against each.
2.1. ‘Act’’ Means the Meghalaya Town and the Country Planning Act, 1973 (Assam Town and Country Planning Act, 1959, Assam Act, 11 of 1960 as adopted by Meghalaya) and or as amended from time to time.
2.2. ‘Alteration:’ - Means a change from one occupancy to another or a structural change or change of any component of the building.
2.3. ‘Approved’’ - Means approved by the Chairperson of Meghalaya Urban Development Authority or any Officer to whom the power has been delegated by the Chairperson of the Authority.
2.4. ‘Applicant’: - Means every person who writes to the Authority of his or her intention to erect or re-erect or alter a building.
2.5. ‘Authority:’ - Means the Meghalaya Urban Development Authority.
2.6. ‘Balcony’:- Means the horizontal projection of a building including handrail, balustrade or a parapet to serve a passage or a sit-out place.
2.7. ‘Basement or Cellar’: - The lower storey of a building which is minimum 2/3rd of the floor height below the finished ground level.
The construction of the basement shall be allowed by the Authority in accordance with the land use and other provisions specified under the Master Plan.
Where the use, set backs, and coverage is not provided in the Master Plan provisions, the same shall be allowed to be constructed in the plot leaving mandatory set backs and can be put to any of the following uses:
a. Storage of house-hold or other goods of non- flammable materials;
b. Dark room; c. Strong-rooms, bank cellars, service floors etc. d. Air-conditioning equipment and other machines used for services and utilities of the building;
e. The use of basement for services & hotel infrastructure for the following items shall not to be counted in Floor area. “Air conditioning Plant and Equipment, Water storage, Boiler, Electric SubStation, HT and LT panel rooms, Transformer Compartment, Control Room, Air conditioning Plant and Equipment, Water storage, Boiler, Electric SubStation, HT and LT panel rooms, Transformer Compartment, Control Room, Pump House, Generator Room and other mechanical services and equipment required for the maintenance of the Building”.
f. Parking places and garages;
g. Note: Uses of basement from 2.7 (i) to (vi) shall not be reckoned for the purpose of FAR. h. The basement shall not be used for living purposes. However, use of a basement floor for living purpose or functional use will be permitted provided the requirement of proper lighting, ventilation & environmental conditions as prescribed are complied.
i. The basement shall have the following requirements:
(i) Every basement shall be in every part at least 2.4 m in height from the floor to the underside of the roof slab or ceiling.
(ii) Adequate ventilation shall be provided for the basement. The standard of ventilation shall be the same as required by the particular occupancy according to Bye-laws. Any deficiency may be met by providing adequate mechanical ventilation in the form of blowers, exhaust fan (one exhaust fan for 50 sq.m. of basement area), air-conditioning system etc.
(iii) The minimum height of the ceiling of any basement shall be 0.9 m and maximum of 1.2 m above the average surrounding ground level.
(iv) Adequate arrangement shall be made such that surface drainage does not enter the basement.
(v) The walls and floors of the basement shall be water-tight and be so designed that the effect of the surrounding soil and moisture, if any, are taken into account in design and adequate damp proofing treatment is given.
(vi) The access to the basement shall be separate from the main and alternate staircase providing access and exit from higher floors. Where the staircase is continuous the same shall be enclosed type serving as a fire separation from the basement floor and higher floors. Open ramps shall be permitted if they are constructed within the building envelop subject to the provision of (iv).
(vii) Bathroom and toilet shall be permitted in the basement unless the sewer levels permit the same and there is no chance of back flow and flooding of sewerage. If permitted, this shall be placed against an external wall of the basement.
(viii) Basement shall be adequately lighted and ventilated. The area of bathroom and toilet so permitted in the basement shall be counted towards FAR calculations.
2.8. ‘Building Envelop’ – Means the horizontal spatial limits upto which a building may be permitted to be constructed on a plot which shall not exceed the clear setbacks as prescribed in the byelaws.
2.9. ‘Chajja’: - Means a projection or horizontal structure overhang usually provided over opening of external walls to provide protection from sun and rain or for architectural consideration.
2.10 ‘Chimney’:- Means an upright shaft containing one or more flues provided for the conveyance to the outer air of any product of combustion resulting from the operation of any heat producing appliance or equipment employing solid or gaseous fuel.
2.11 ‘Coverage’: - Means the quotient obtained in the terms of percentage by dividing the plinth areas of Ground floor by plot area, i.e. Coverage: Plinth area of the Ground floor x 100 Plot area
2.12 ‘Density’: - Means concentration of population expressed in terms of number of persons per hectare in a particular area.
2.13. ‘Drain: - Means a conduit, channel or pipe for carriage of storm water, sewage, waste water or other water borne wastes in a building drainage system.
2.14 ‘Demolished’: - Means total dismantling of an existing building to erect a new structure.
2.15 ‘Drainage: - Means the removal of any liquid by a system constructed for this purpose. 2.16 ‘Exit’: - Means a passage channel or means of egress from any building or floors area to a street or open space.
2.17 ‘Floor’: - Means the lower surface in a storey which one normally walks in a building. The general terms ‘Floor’ shall also refer to a basement floor.
2.18 ‘Floor’ Area Ratio’ (F.A.R):- The quotient obtained by dividing the total covered area (plinth area) on all floors by the area of a plot, i.e.,
F.A.R. - Total covered area of all floors
2.19 ‘Ground Level’: - Means the finished surface after formation cutting of the site from where erection of the building starts.
2.20 ‘Habitable Room: - Means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, cooking, if it is used for a living room, but not including bathrooms, water closet compartments, laundries, serving & store pantries corridors, cellars attics and space that are not used frequently or during extended period.
2.21 ‘Height of a Room’:- Means the vertical distance measured from the finished floor surface to the finished ceiling/slab surface. The height of a room with a pitched roof means the average height between the finished floor surface and the bottom of the eaves and the bottom of the ridge.
2.22 HEIGHT OF FLOORS:- Minimum height of floors in building at any point shall be 3.0 Mts. Provided that in case of folded roof the minimum height of 3.0 Mts. shall be measured from the lowest point of the fold. Provided that in case of gabled or slopping roof the minimum height below the lowest part of roof, shall not be less than 2.2 Mts. and an average of the rooms shall not be less than the minimum prescribed here above.
Provided further that in case of trussed-roof, the minimum height shall be measured from the pavement to bottom of the tie beam.
Provided that for verandah, Bathroom, W.C., passages, puja room, store room, stair cabin, minimum height shall be 2.20 mts.
2.23 Height Exceptions:-
The following appurtenant structures shall not be included in the height of the building unless the aggregate area of such structures, including pent-houses, exceeds one-third of the area of the roof of building upon which they are erected: a) Roof tanks and their supports (with support height not exceeding 1 m); b) Ventilating, air-conditioning, lift rooms and similar service equipment; c) Stair cover (MUMTY) not exceeding 3 m in height; and d) Chimneys, parapet walls and architectural features not exceeding 1.2 m in height.
2.24 Licensed Architect/Engineer/Town Planner/Firm etc’ - Means a qualified Architect/Engineer/Town Planner/Firm etc who has been given license by Meghalaya Urban Development Authority.
Note: Presently, the legislation for profession of architecture is applicable in the country in the form of Architects Act 1972. Whereas, for other professions and professionals like engineers, developers/promoters for taking up any project there is no legislative framework available/applicable in the country.
In the absence of any such legislation, the appropriate qualifications, service conditions, professional fees and charges in the engineering profession etc are varying and are not based on any uniform formula. Keeping the above in view, the qualifications/responsibilities and duties of Professionals are given in Appendix A.
2.25. ‘Ledge’: - Means a shelf-like projection, supported in any manner whatsoever, except by means or vertical supports within a room itself but not having projection wider than one meter.
2.26. ‘Loft’: - Means a structure providing an intermediate storage space between two floors or a residential space in a pitched roof, above normal floor level with a maximum height of 1.5 meter and which is used for storage purpose.
2.27. ‘Mezzanine floor’: - Means an intermediate floor between any two floors above ground in all type of buildings provided the same is counted as part of total permissible floor area ratio and height of the building. Mezzanine floor may be permitted with the minimum height of 3.0 mt.
2.28. “Multi-storeyed Building or High Rise Building” – A building above 4 storeys, and/or a building exceeding 15 meters or more in height. However, chimneys, cooling towers, boiler rooms/lift machine rooms, cold storage and other non working areas in case of industrial buildings and water tanks, and architectural features in respect of other buildings may be permitted as a non high rise building. Buildings less than 15 meters including stilt/basement/parking floors stand excluded from the definition of high rise buildings.
2.29. ‘Open Space’: - Means an area forming an integral part of the plot, left open to the sky.
2.30. ‘Owner’: - Means a person who receives the rent for use of land or building, or would be entitled to do so if they were let.
2.31. ‘Occupancy’: - Means the change of function or use of the building.
2.32. ‘Parapet’: - Means a low wall or railing built along the edge of a roof or floor not less than 90cm in height.
2.33. ‘Plinth’: - Means the portion of a structure between the level of the ground and the floor immediately above the ground.
2.34. ‘Porch or Portico’: - Means a roof cover supported on pillars or cantilevered for the purpose of pedestrian or vehicular approach to a building.
2.35 ‘Sanctioned Plan’:- Means the set of plans and specification submitted under byelaw 4 in connection with a building and duly approved and sanctioned by the Authority.
2.36. ‘Set back Line’: - Means the open space from the proposed building envelop to the plot boundaries and laid down in each case by the Authority beyond which nothing can be constructed towards the boundaries.
2.37. ‘Site or Plot’: - Means a piece of land enclosed by the boundaries.
2.38. ‘Storey’: - Means the portion of building included between the surface of any floor and the surface of the floor next above it.
2.39. ‘To erect’: - Means
a) To erect a new building on any site whether previously built upon or not;
b) To re-erect any building of which portion have been pulled down, burnt or destroyed;
c) Conversion from one occupancy to another; and d) To carry out alterations.
2.40. ‘Materials Alteration’: - Means a change of use in building materials in any existing building.
2.41. ‘Total floor area’: - Means the area of all floors of building including habitable, basement and mezzanine floor
2.42. ‘Travel distance’: - Means the distance an occupant has to travel to reach the exit.
2.43. ‘Verandah’: - A covered area with at least one side open to the outside.
2.44. ‘Natural Hazard’ - Means the probability of occurrence, within a specific period of time in a given area, of a potentially damaging natural phenomenon.
2.45 ‘Natural Hazard Prone Areas’ - Means areas likely to have moderate to high intensity of earthquake or cyclonic storm, or significant flood flow or inundation or land slides/mud flows/avalanches, or one or more of these hazards.
Note: Moderate to very high damage risk zones of earthquakes are given as in Seismic Zones III, IV and V specified in IS:1893; moderate to very high damage risk zones of cyclones are those areas along the sea coast of India prone to having wind velocities of 39 m/s or more as specified in IS:875(Part 3;) and flood prone areas in river plains (Unprotected and protected) are indicated in the Flood Atlas of India prepared by the Central Water Commission, besides, other areas can be flooded under conditions of heavy intensity rains, inundation in depressions, back flow in drains, inadequate drainage, etc. as to be identified through local surveys in the development plan of the area and landslide prone areas as to be identified by State Government.
2.46 ‘Lifeline Building’ – Means those buildings which are of post earthquake importance such as hospital building, power house building, telephone exchange building and the like.
2.47. ‘Special Building’ – Means those buildings with large scale activities at a time such as Hotel of 4 star category &above, Public Institutions, Hospitals, Shopping malls with Multiplexes, I.C.T./ BPO’s, Educational Institutions having a minimum plot area of 6000 sq.m and a mininmum plinth area of 3000 sq.m.
2.48. ‘Retrofitting’ - Means upgrading the strength of an unsafe building by using suitable engineering techniques.
2.49. ‘Quality Control’ - Means construction quality and to control variation in the material properties and structural adequacy. In case of concrete, it is the control of accuracy of all operations, which affect the consistency, and strength of concrete, batching, mixing, transporting, placing, curing and testing.
2.50. ‘Quality Audit’ - Means a requirement for an independent assessment by a third party, of the quality and seismic or cyclone resistant features of all the high-rise buildings in earthquake zone V. The quality audit report shall consists of conformance or non-conformance of structures with the technical specifications for earthquake and cyclone resistance and to suggest remedies/rectification if any.
2.51. ‘Quality Assurance’ – Means that all planned and systematic actions necessary to ensure that the final product i.e. structure or structural elements, will perform satisfactorily in service life.
2.52. ‘Compliance’ – Means a verification of the properties of construction materials based on test data and verification of the strength and structural adequacy for various components of buildings and structures.
2.53. ‘Non-Structural Component’ - Those components of buildings, which do not contribute to the structural stability such as infill walls in RCC frame buildings, glass panes, claddings, parapet walls, chimneys etc.
3. PROCEDURE FOR BUILDING PERMISSION
3.1 Application for building permission Every person who intends to erect, re-erect, or make material/structural alteration shall obtain building permit by giving an application in writing to the Authority in the prescribed form given in Form I, I(A) – (D). Application shall be accompanied by prescribed fees and five copies of building plan and one copy shall be retained in the office of the Authority for record after issue of permission or refusal.
Building plans and structural drawings for plinth area less than 500 sq.mts. are to be submitted in 5 sets of two sheets each i.e. first sheet=site plan, floor plans, sections and elevations, general specifications etc; second sheet=all structural drawings, seismic certificate, technical specifications etc.
3.2. All Government Departments including Central and Semi- Government Departments shall forward copies of their plans to the Authority for sanctioning except Defence Departments.
4. INFORMATION ACCOMPANYING APPLICATION FOR BUILDING PERMISSION
4.1. The application for building permission shall be accompanied by documentary evidence of plot ownership, the site plan, the building plan, general specification, Seismic certificate, Structural Design Basis Report and drawings etc.
4.1.1. Site Plan: - Shall be drawn to a scale not less than 1:200 and shall show
(a) Boundaries of the plot with dimensions and contour intervals
(b) Position of the plot in relation to the neighboring streets.
(c) Position of the building proposal in relation to North direction of the site.
d) Plot area, plot coverage and F.A.R.
(e) Sewerage and surface drains, position and sizes of septic tank and soak pit in cubic dimensions of length, breath and depth.
(f) Any other particulars as prescribed by the Authority in the case of major proposals.
4.1.2. Building Plans, Site Plans, Section and Elevations accompanying the application shall be drawn to a scale not less than 1:100 and shall.
(i) Include floor plans of all floors, indicate the use of each floor of the building.
(ii) Shall indicate height of the building and parapet.
(iii) Give dimensions of the projected portions. (iv) Include a roof plan indicating drainage and roof slope in case of building proposal having pitch roof(s). (v) Specify total floor area of the building.
4.1.3. Building Plans for Special Buildings: For Special buildings, the building sanction shall be done in two stages.
Stage 1: First stage for planning clearance
The following additional information shall be furnished / indicated in the building plans in addition to the item (i) to vi) of Building Bye Law 4.1.2
(a) Access to fire appliances/vehicles with details of vehicular turning circle/and clear motorable access way around the building; (b) Size (width) of main and alternate staircase along with balcony approach, corridor ventilated lobby approach;
(c) Location and details of lift enclosures;
(d) Location and size of fire lift;
(e) Smoke stop lobby/door where provided;
(f) Refuse chutes; refuse chamber, services duct, etc.
(g) Vehicular parking spaces
(h) Refuge area if any;
(i) Details of building service-air conditioning system with position of dampers, mechanical ventilation system, electrical services, boilers, gas pipes etc.
(j) Details of exits including provision of ramps, etc. for hospitals and special risks.
(k) Location of generator, transformer and switchgear room;
(l) Smoke exhauster system if any;
(m) Details of fire alarm system network;
(n) Location of centralized control, connecting all fire alarm system, built in fire protection arrangements and public address system, etc.
(o) Location and dimension of static water storage tank and pump room;
(p) Location and details of fixed fire protection installations such as sprinklers, wet risers, hose reels, drenchers, co2 installation etc. and
(r) The proper signs/symbols and abbreviation of all fire fighting systems shall be shown in diligent as per the relevant I.S. code.
Stage 2: Second stage for building permit clearance
After obtaining the sanction for planning (Stage 1) from the Authority, a complete set of structural plans, sections, details and design calculations duly signed by registered engineer/structural engineer along with the complete set of details duly approved in Stage 1 shall be submitted. The building plans/details shall be deemed sanctioned for the commencement of construction only after obtaining the permit for Stage 2 from the Authority.
(a) Service Plans The services plans shall include all details of building and plumbing services, and also plans, elevations and sections of private water supply, sewage disposal system and rainwater harvesting system, if any ( Part 8 ‘Building Services’ and Part 9 ‘Plumbing Services’ of the National Building Code).
(b) Specifications Specifications, both general and detailed, giving type and grade of materials to be used, duly signed by the registered architect, engineer, structural engineer or supervisor shall accompany the plans.
(c) Structural Sufficiency Certificate
The plans shall be accompanied by structural sufficiency certificate signed by the engineer/structural engineer and the owner jointly to the effect that the building is safe against various loads, forces and effects including due to natural disasters, such as, earthquake, landslides, cyclones, floods , etc as per Part 6 ‘Structural Design’ of the National Building Code and other relevant Codes. The engineer/structural engineer shall also have the details to substantiate his design.
The notice shall be further accompanied by a certificate by the registered architect/engineer/structural engineer/supervisor/town planner undertaking the supervision.
4.1.4. No notice and building permit, is necessary for the following alterations, which do not otherwise violate any provisions regarding general building requirements, structural stability and fire safety requirements of these ByeLaws;
(a) Plastering and patch repairs;
(b) Re-roofing or renewals of roof including roof of intermediate floors at the same height;
(c) Flooring and re-flooring;
(d) Opening and closing of windows leaves, ventilators and doors not opening towards other’s properties and (or) public road/property;
(e) Replacing fallen bricks, stones, pillars beam etc.
(f) Construction or re-construction of sunshade not more than 75cms in width within one’s land and not overhanging over a public street
(g) Construction or re-construction of parapet not more than 1.5 mt. in height and also construction or re-construction of boundary wall as permissible under these Bye-Laws;
(h) White-washing, painting, etc. including erection of false ceiling in any floor at the permissible clear height provided the false ceiling in no way can be put to use as a loft etc;
(i) Reconstruction of portions of buildings damaged by storm, rains, fire, earthquake or any other natural calamity to the same extent and specification as existed prior to the damage provided the use conforms to provisions of Master Plan/Zonal Plan;
(j) Erection or re-erection of internal partitions provided the same are with in the purview of the Bye-Laws.
4.1.5. Colour Scheme: - The plans accompanying the applications may have the colour scheme as specified in Table I given below and indicated in the legend of the plans.
Table I Colouring of Plans
||Future street, if
||Permissible building lines
||Work proposed to
(see note 1)
||Water supply work
|Black dotted thin
||Black dotted Thin
For entirely new construction this need not be done; for extension of an existing work this shall apply.
For land development, subdivision, layout suitable colouring notations shall be used which shall be indexed
Specification: - General specifications giving type and grade of materials used shall accompany the application.
4.1.6. Structural Design Basis Report and Seismic Certificate: - The structural design Basis Report mentioned in Appendix-B and seismic certificate from a competent personnel as indicated in Appendix – A that design is relevant to Indian Standard Code of Practice as well as compliant to earthquake resistant design shall accompany the application.
4.1.7. Ownership Title: - Application shall also be accompanied by the attested copy of the Patta, sale/ Lease Deed etc.
4.1.8. Signing of the Plan: - All plans and Drawings shall be duly signed by the applicant and technical personnel having license with the Authority (The qualification of technical personnel shall be indicated at Appendix ‘A’). The qualified technical personnel or group shall be licensed with the Authority and the license shall be valid for one calendar year after which it shall be renewed annually.
5. DURATION OF SANCTION OF BUILDING PERMISSION
The sanction once accorded shall remain valid up to three years. Fees for renewal and revalidation shall be ¼ of the fees paid earlier. However, in case of revalidation, the building permission shall be governed by the norms prevailing at the time the revalidated plan is being issued.
6. NOTICE FOR COMMENCEMENT OF BUILDING WORK
The owner before commencement of the work shall give a prior notice of 14 days to the Authority in prescribed proforma given, in Form II and the Authority will inspect the work following the receipt of the notice to verify the same.
7. DEVIATION DURING BUILDING CONSTRUCTION
For any deviation from the sanctioned plan during stage of construction, permission of the Authority shall be obtained and if the construction is not according to the approved plan, the Authority has the power to stop the construction and if the permission holder fails to comply with the notice served by the authority, the Authority is empowered to cancel the building permission and start proceeding against the permission holder as per provisions of Meghalaya Town and Country Planning Act, 1973 as amended from time to time
8. GRANT OR REFUSAL OF BUILDING PERMISSION
The Authority may either sanction or refuse the permission or may sanction after modification as it may deem necessary and shall communicate its decision to the applicant in the prescribed form given in Form III & IV.
a) The Authority must issue a receipt of receiving the application and thereafter within 20 days seek for modification, if any, required to be made in the proposal.
b) On receiving all the modifications that have been sought for, the Authority must intimate the grant/refusal of the building permission in writing within 10 days after the receipt of the modified proposal. The Authority shall as far as possible advice on all the objections and modification so as to ensure their compliance.
The applicant must re-submit the proposal as per recommendations of the Authority within 60 days of receipt of the modifications sought for.
c) In case all or any modifications have not been complied with, the refusal must be issued in writing and fresh application is to be sought for consideration.
d) On fulfillment of 8(b) by the applicant, no further additional modification/clarification are to be sought from the applicant however, the Authority may attach terms and conditions thereon.
e) For building proposals requiring no modifications the grant of building permission must be intimated by the Authority within 30 days after receipt of the application or else it will be deemed that the permission has been granted.
Note for 8(a): within the 20 days period, the Authority shall visit/investigate the site after giving a notice to the applicant.
f) The issue or receipt of applications must be handled by the authorized personnel (s) of the Authority.
g) Notwithstanding anything stated in the above regulations, it shall be incumbent on every person whose plans have been approved, to submit revised (amended) plans for any structural deviations proposed to be made duringthe course of construction of the building work and the procedure laid down for approval of plans mentioned here to before shall apply to all such revised plans.
h) Revocation of Sanction – The Authority may revoke any building permission issued, wherever there has been any false statement, suppression or any misrepresentation of material facts in the application on which the building permission was based.
9. COMPLETION CERTIFICATE
On completion of the building, the applicant and the licensed technical personnel as the case may be shall give notice to the authority in prescribed form as given in Form V and V(A).
10. OCCUPANCY CERTIFICATE
(i) Occupancy Certificate shall be mandatory for all buildings. No person shall occupy or allow any other person to occupy any building or part of a building for any purpose unless such building has been granted an Occupancy Certificate by the Authority. (ii) The owner shall submit a notice of completion through the supervising registered architect/ licensed technical personnel along with prescribed documents and plans to the Authority. The Authority on receipt of such notice of completion shall undertake inspection with regard to the following aspects:
a) Number of floors
b) External setbacks
c) Parking space provision
d) Abutting road width and shall communicate the approval or refusal of the Occupancy Certificate within 15 days or may issue the same after levying and collecting compounding fee, if any.
(iii) For all high rise buildings, the work shall be subject to inspection by the Fire Services Department and the Occupancy Certificate shall be issued only after clearance from the Fire Services Department with regard to Fire Safety and Protection requirements.
(iv) The functional/line agencies dealing with electric power, water supply, drainage and sewerage shall not give regular connections to the building unless such Occupancy Certificate is produced,
(v) The Municipal Authority shall register only the permitted built up area as per the sanctioned building plan and only upon producing and filing a copy of such sanctioned building plan. On the Registration Document it should be clearly mentioned that the registration is in accordance with the sanctioned building plan in respect of setbacks and number of floors.
(vi) The financial agencies/institutions shall extend loan facilities only to the permitted built up area as per the sanctioned building plan.
10.1. After completion of the building, an occupancy certificate as given in Form VI shall be issued by the Authority to confirm that such building is fit for occupation.
10.2. Temporary certificate of occupancy may be issued upon request by the applicant and the licensed technical personnel provided that complete
portion(s) of a part of the entire work may be occupied safely without endangering life or safety of the occupants.
10.3 The Authority issuing occupancy certificate before doing so shall ensure that wherever applicable, the following are complied from consideration of safety against hazard.
(i) A certificate of Competent Authority or Lift Inspector has been procured and submitted by the owner, regarding satisfactory erection of lift.
(ii) The Certificate of Competent Authority and or Fire Department for completion, and or fire requirements as provided in these byelaws has been procured and submitted by the owner.
(iii) If any project consists of more than one detached or semi detached building / buildings in a building unit and any building / buildings thereof is completed as per provisions of Building Bye-Laws (such as Parking, Common Plots, Internal roads, Height of the Building, Infrastructure facilities, lift and fire safety measures), the Authority may issue occupancy certificate for such one detached or semi detached building / buildings in a building unit. The occupancy certificate shall not be issued unless the information is supplied by the Owner and the Architect on Record/Engineer on Record concerned in the schedule as prescribed by the Competent Authority from time to time.
11. OFFENCES AND PENALTIES
Any person who violates the building permission sanction issued by the Authority or contravenes with the provisions of the bye-laws or who interferes or obstruct any authorized personnel in the discharge of his duties shall be guilty of an offence. The Authority shall: -
(i) Punish the person by a fine as fixed by the Authority or as per the Meghalaya Town and Country Planning Act, 1973.
(ii) Take suitable action which may include demolition of un-authorized works, sealing of premises, prosecution and criminal proceeding against the offender, in pursuance of relevant laws in force, as decided by the Authority.
(iii) Take suitable action against licensed technical personnel and license may be withdrawn in case of an offence as decided by the Authority.
a) The Authority reserves the right to take action and to debar/blacklist the consultant/technical personnel, if found to have deviated from professional conduct or to have made any misstatement or on the account of misrepresentation of any material fact or default either in authentication of a plan or in the supervision of the construction against the building byelaws and the sanctioned building plan
b) If the Authority finds at any time any violation of the building byelaws or misrepresentation of fact, or construction at variance with the sanction or building byelaws, inclusive of the prescribed documents, the Authority shall be entitled to revoke the sanction and take appropriate action against such professional and such professional shall not be authorized to submit fresh plans till finalization of the case.
c) Before debarring or blacklisting a professional if found to be indulging in professional misconduct or here she/he has misrepresented any material fact as per (a) and (b) above, the Authority shall give him a show cause notice with personal hearing and shall pass an order to debar him/her for submission and supervision of the construction with full justification for the same. An appeal against this order shall lie with the Appellate Authority.
12. UNSAFE BUILDING
12.1. Any building above 250 sq.mts in plinth area reported to be unsafe or damaged shall be examined by a technical committee to be constituted by the Authority and shall make a written record of its finding. The Authority shall give notice to the owner or occupier to complete the specified repairs or improvements or to demolish the building within a stated time.
12.2. Other buildings below 250 sq. mts. shall be examined by the technical branch of the Authority and shall make a written record of its finding. The Authority shall give notice to the owner or occupier to complete the specified repairs or improvements or to demolish the building within a stated time.
12.3 DISREGARD OF NOTICE If the owner fails to comply with the notice, the Authority can itself demolish or remove the structure and realize the cost of demolition through suitable method, or the Authority may take assistance of the Police department to remove the structure as it deem fit.
12.4 BUILDING TO BE VACATED
The Authority may on prima facie evidence of inspections/findings that structural elements in a building or building construction appear to be unsafe, may declare the building to be vacated until such records and evidences are produced by the applicant and his/her consultant engineer. The Authority shall keep a record of its findings in detail.
13. ARCHITECTURAL CONTROL
Any building proposed to be built in an important area of the city or in the case of important monumental building or proximity to building of historical importance, the building schemes may be referred to a broad base committee comprising of a panel of Architects, Planners and non-Governmental Organizations to be chaired by Chairperson of Meghalaya Urban Development Authority who will be the agency to identify such areas.
The identified areas, which need protection, shall be referred to the committee who in turn will be made responsible to protect such areas.
14. MAINTENANCE OF BUILDINGS
In case of building older than fifty years, it shall be the duty of the owner of a building, to get his building inspected by a Registered Structural Engineer (RSE) within a year from the date of coming into force of these byelaws. The Structural Inspection Report as given in Appendix –C, shall be produced by the owner to the Authority. If any action, for ensuring the structural safety and stability of the building is to be taken, as recommended by Registered Structural Engineer, it shall completed within five years. For other buildings, the owner shall get his building inspected after the age of building has crossed forty years. The procedure shall be followed as per above byelaw.
15. PROTECTIVE MEASURES IN NATURAL HAZARD PRONE AREAS
In natural hazard prone areas identified under the land use zoning regulations, structures, buildings and installations which cannot be avoided,protective measures for such construction / development should be properly safeguarded based on the suggestion given in Section-C.
16. FEES FOR BUILDING PERMISSION
16.1. The rates for residential, commercial, institutional, apartment, educational, storage, industries, major proposals etc., shall be chargeable as per the rate approved by the Government from time to time. The rate for Special Building category shall be fixed at a higher rate
16.2. For erection of Reception & Transmission Towers, an installation fee shall be charge and subsequently annual renewal fee shall be chargeable as per the rates approved by the Government from time to time.
16.3. No fees for building permission is required for plot area less than 75 Sq.m (LIG/EWS categories).
16.4. The fixation of these fees shall be governed by the following: -
(i) For erection of new building shall be as per Schedule of Fees.
(ii) For re-erection of existing building the fees chargeable shall be the same as for erection of new building. (iii) For addition and alteration in the existing building, the fees shall be chargeable on the added portion only. (iv) For revised plan of an already sanctioned building a processing fee as fixed by the Authority and approved to by the Government shall be paid by the applicant. (v) For change of use and variation of rates, the fees chargeable shall be the difference between the two, subject to the conditions that
(a) The revised plan is in conformance with the building bye laws applicable for that particular use and the building plans are compatible for that use. (b) No fees to be refunded in case there is change of use of higher rate to lower rate, e.g. Commercial to residential use.
(vi) For renewal of building permission, the processing fees as fixed by the Authority and approved to by the Government shall be paid and the validity shall be 18 months.
General Requirements: - The building unit intended to be developed shall be in conformity with byelaw on requirement of site. Generally all development work for which permission is required shall be subject to inspection by the Authority as deemed fit. For Grade I & II the applicant shall keep a board at site of development mentioning the holding number , plot number, sub plot number, permission number, name of owner, name of Architect on Record, Engineer on Record, Developer, Structural Engineer on Record, Construction Engineer on Record or whichever is applicable.
All construction work shall be subject to inspection as prescribed in Forms VII and VIII by the Authority periodically.
(a) On receipt of notice of commencement of work, the owner and the consultant architect/licensed technical personnel supervising the construction shall be present at site on the day and time of giving the alignment of the building(s).
(b) After excavation of the foundation pits or trenches the owner and the consultant architect/licensed technical personnel supervising the construction shall be present at site on the day and time of giving the alignment of the building(s). It is mandatory for the Authority to inspect and approve the same. Any deviations or rectifications required shall be approved to by the authority within 14 days from the date of submission of the revised layout/ structures design drawing etc by the applicant during the above period, all construction activities shall be temporarily stopped by the applicant.
(c) On completion of column upto plinth and before its casting, the owner and the consultant architect/licensed technical personnel supervising the construction shall be present at site on the day and time after giving due intimation of 14 days to the Authority for approval.
(d) Any other stages of construction.
(e) On completion of work after the receipt of completion certificate.
Non compliance on the part of the owner, the licensed technical personnel to comply with the above provisions would result in the Authority declaring the building “Unauthorized Building” and necessary action against the offenders will be initiated by the Authority.
It is incumbent on the owner and the consultants to intimate to the Authority of the association of the consultants involved in the building construction and the substitutions thereof during the period of construction till its completion.