THE MADHYA PRADESH BHUMI VIKAS RULES, 1984
PART -I - GENERAL
1. Short Title – These rules, may be called the Madhya Pradesh Bhumi Vikas Rules, 1984.
2. Definitions – In these rules, unless the context otherwise requires-
(1) “Accessory use” means any use of the premises subordinate to the principal use and customarily incidental to the principal use;
(2) “Act” means the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973);
(3) “Alteration” means a change from one occupancy to another or a structural change, such as an addition to the area or height, of the removal of part of a building, or any change to the structure, such as the construction of, cutting into a removal of any wall, partition, column, beam, joint, floor or other support or a change to or closing of any required means of ingress or egress or a change of the fixtures or equipment;
(4) “Approved” means approved by the Authority having jurisdiction or power;
(5) “Authority having jurisdiction” (hereinafter referred to in these rules as “Authority”) in relation to development and building activities means,
|(a) For Permission for development of land in Planning area and nonplanning area authorized
||The Director of Town & Country Planning or any other officer by him in this behalf
|(i) Making of any material change in land includes sub division of land use of land in terms of occupancy.
|(ii) The Corporate development inclusive of group housing projects.
|(iv) development of land, construction/ alteration, demolition of building in area beyond Municipal area but within planning area.
|(b) For permission for construction/ alteration, demolition of building in planning area and non- planning area-
|(i) In any area falling within the local a Municipal Corporation or Municipality and over which Special Area Development Authority has no jurisdiction.
||Such Municipal Corporation or Municipal Council, as the case may be or such other authority or officer authorized by or under the relevant Municipal Law to grant such permission.
|(ii) In any area over which a Special Area Development Authority has jurisdiction
||Such Special Area Development Authority or such other officer of the Authority as may be authorised by such Authority in this behalf.
Explanation – The expressions “Municipal Corporation" and “Municipal Council” whenever the context so requires shall include the Administrator of the city referred under Section 423 of the Madhya Pradesh Municipal Corporation Act, 1956 and “the person or committee of persons” appointed by the State Government under Section 328 or under Section 337 of the Madhya Pradesh Municipalities Act, 1961.
(6) “Balcony” means a horizontal projection, including a handrail or balustrade, to serve as passage or a sitting out place;
(7) “Basement or Cellar” means the lower storey of a building below or partly below ground level;
(8) “ Building Activities” means :–
(a) erection, re-erection, making material alteration and demolition of any building;
(b) development of land as a composite building scheme and corporate development;
(c) development and redevelopment of any tract of land which includes division and sub-division into plots or various land uses within a colony.
Note – In all the above three cases, the planning permission shall be given or rejected, as the case may be, by the Director of Town and Country Planning within the planning and non-planning area inclusive of Municipal Corporation or Council or S.A.D.A. jurisdiction area. The building permission shall be granted by Municipal Corporation/Council/Special Area Development Authority as the case may be.
(9) “Height of a building” means the vertical distance of the building which shall be measured from a reference level which would be either the centre of the approach road from which the access is being taken on the average height of the plot above this level, whichever is higher. This level shall be construed as the ground level and the vertical distance of the structure shall be calculated form such level to the top of the slab of the top most floor. Space below this level shall be considered as basement. In case of pitched/slopping roofs, the midpoint between the roof ridge and the caves level shall be taken as the highest point and the vertical distance from the construed ground level measured up to this point. If the built from below the road level is used as habitable accommodation because of the advantage of existing topography such area shall be permitted as habitable area and shall be counted in the Floor Area Ratio, Machine rooms mumptee, lift, AC structure and water storage tank of top most floor shall be exempted from the calculation of vertical distance.
(10) “Building line” means the line up to which the plinth of a building adjoining a street or an extension of a street or a strip of land ear-marked or reserved for future construction of street may lawfully extend. It includes the lines prescribed, if any, scheme. The building line may change from time to time as decided by Authority;
(11) “Chajja” means a slopping or horizontal structural overhang usually provided over opening on external walls to provide protection from sun and rain and includes architectural extension.
(12) “Chimney” means an upright shaft containing and encasing 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 appliances or equipment, employing solid liquid or gaseous fuel;
(13) “Chowk or Courtyard” means a space permanently open to the sky, enclosed fully or partially by building and may be at ground level or any other level within or adjacent to a building;
(14) “Chowk inner” means a chowk enclosed on all sides;
(15) “Chowk outer” means a chowk where one of its size is not enclosed;
(16) “Code” means the National Building Code of India as published by the Indian Standard Institution;
(17) “Conversion” means the change of occupancy or premises to any occupancy or use requiring additional occupancy permit;
(18) “Corporation” means a Corporation established under the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956).
(19) “Covered Area” means the area of the land covered by the plinth of the building at the ground floor level and shall be counted as the ground coverage. This shall exclude the area covered by projections at slab level and area of the plinth not covered by roof at top. Cantilevered projection up to an extend of one third of the Marginal Open Space shall be permissible on the upper slab level with a clear height for vehicular/pedestrian movement. These projection cannot be made at height below 2.5 meter from the ground level. This projection shall not construe to be covered area. Areas covered on the second and third floor levels as cantilever projection with at least 5.5 meters clear space below for movement, but not within the setback/marginal open space, shall not be counted in covered area. All areas in the building shall be counted in covered areas except for service ducts, garage on ground floor and lift wells.
(20) “Cul de Sac” means a lane, one end of which terminate providing no further of access;
(21) “Density” means the residential density as expressed in these rules in terms of number of dwelling units per hectare.
Explanation – (i) Where such densities are expressed as exclusive of community facilities and provision for open spaces and major roads (excluding incidental open spaces), these shall signify net residential densities. Where these densities are expressed after taking into consideration the required open provision for space and community facilities and major roads, these shall signify gross residential densities on neighborhood level, sector level or town level, as the case may be. The provision of open spaces and community facilities shall depend on the size of the residential community.
(ii) Incidental open spaces are mainly open spaces required by these rules to be left around and in between two buildings to provide lighting and ventilation;
(22) “Development Authority” means a Town and Country Development Authority established under Section 38 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhniyam, 1973 (No. 23 of 1973) or a Special Area Development Authority constituted under Section 65 of the said Act or an Improvement Trust constituted under the Madhya Pradesh Town Improvement Trust Act, 1960 (No. 14 of 1961). (23) “Drain” means a line of pipes including all fittings and equipments, such as manholes, inspection chambers, traps, gullies and floor traps, used for the drainage of a building or a number of buildings or yards, appurtenent, to building, within the same Curtilage and shall include open channels used for
carrying surface water; (24) Drainage” means the removal of any liquid by a system constructed for this purpose;
(25) “Dwelling Unit / Tenement” means an independent dwelling unit with separate facilities for living, cooking and sanitary requirement.
(26) “Exit” means a passage, channel or means of egress from any building stories or floors area to a street or other open space of safety;
(27) “Fire Separation” means the distance in meters measured from any other building on the site or from other site, or from the opposite side of a street or other public space to the building;
1(27-a) “Forest House” means a house in such areas and built subject to such conditions as specified in sub-rule (13) of rule 17;
(28) “Floor” means the lower surface in a storey on which one normally walks in a building. The general term, “floor” unless otherwise specially mentioned shall not refer to a “Mezzanine Floor”;
Note – The sequential number of floor shall be determined by its relation to the determining entrance level. For floors at or wholly above ground level with lowest floor in the building with direct entrance from the road or street shall be termed as floor 1. The other floors above floor 1 shall be numbered in
sequence as floor 2, floor 3 and so on, with number increasing upwards.
2(28-a) “High rise building” means a building –
(i) which consists of more than six stories; or
(ii) which has a height of more than 18 meters”; (exclusive of stilt parking of 2.4 m. height)
3(29) "Floor Area Ratio" means the ratio of permissible total of built up area in a building on all floors to the total plot area of the land in question. (The ratio stipulates the maximum of built quantity and no variations or exceptions shall be allowed,) except as specifically provided. The built up area as stated would construe the total built up area on all floors with the exception of lift wells, service ducts, machine room for lifts, water tanks covered parking areas one entrance lobby/foyer on ground floor, corridors, arcades, lobbies, mumptee, staircases but inclusive of covered projections exceeding the limits prescribed under rule 58.
(30) "Foundation" means a part of structure which is in direct contact with, and transmits loads to the ground;
(31) " Private garage" means a building whether permanent or temporary or a portion thereof designed and used for parking of privately owned mechanically propelled motor vehicles (of any description or other vehicles, in either case in private ownership) ;
(32) "Public garage" means a building or portion thereof, other than a private garage, designed or used for repairing, servicing, hiring. selling or storing or parking of motor vehicles of any description or other vehicles;
1(33) "Group Housing" means housing of a number of dwelling units on an undivided plot of land, built compositely and integrally where land building are held under a level right jointly, buildings and services are maintained jointly and the construction is undertaken by one Agency/ Authority/ Individual.
(34) "Habitable room" means a room occupied or designed for occupancy by one or more persons for study, living sleeping, eating, kitchen if it is used as a living room, but not including bath-rooms, water closet compartments, laundries, serving and storage pantries, corridors, sellers, attics and spaces that are not used frequently or during extended periods ;
(35) "Ledge or Tand" means a shelf like projection, supported in any manner whatsoever, except by means of vertical supports within a room itself but not having projection wider than one meter (36) "Licensed Architect/ Structural Engineer/Engineer/Town Planner/ Supervisor Group" means respectively a qualified architect/ Structural Engineer/ Engineer/ Town Planner/ Supervisor Group who, in each case, has been licensed as such under these rules by the Authority ;
(37) "Lift" means an appliance designed to transport persons or materials between two or more levels in a verticals or substantially vertical direction by means of a guided Car platform;
(38) "Loft" means an intermediary floor between two floors or a residential space in a pitched roof, above normal Floor level which is constructed or adopted for storage purposes;
(39) "Mezzanine Floor" means an intermediate Floor, between two floors above ground level;
(40) "Municipal Council" means the Council constituted under the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961);
(41) "Occupancy or Use Group" means the principal occupancy for which a building or a part of a building is used or intended to be used, for the purpose of classification of a building according to occupancy; an occupancy shall be deemed to include subsidiary occupancies which are contingent upon it.
Explanation. - The occupancy classification shall have the meaning given as under:-
(i) "Residential Buildings" include any building in which sleeping accommodation is provided for normal residential purposes with or without cooking or dining or both facilities. It includes one or two or multifamily dwellings, lodging or rooming houses, dormitories, apartment houses and flats and residential hotels;
(ii) "Educational Buildings" include any building used for school, college or day-care purposes for more than eight hours per week involving assembly for instruction, education or recreation incidental to educational buildings;
(iii) "Institutional Building "include any building or part thereof which is used for purposes such as medical or other treatment or care of persons suffering from physical or mental illness, disease or infirmity care of infants, convalescents or aged persons and for penal or correctional detention in which the liberty of the inmates restricted, Institutional buildings ordinarily provided sleeping accommodation for the occupants. It includes hospitals, sanitoria, custodial institution and penal institutions like jails, prisons, mental hospitals and reformatories.
(iv) "Assembly Building" include any building or part of a building where groups of people congregate or gather for amusement, recreation, social, religious, patriotic, civil, travel and similar purposes for example theatres, motion picture houses, assembly hall, auditoria, exhibition halls, museums, skating rinks, gymnasium, restaurants, place of worship, dance halls, club room, passengers stations and terminals of air, surface and other public transportation services, recreation piers and stadium.
(v) "Business building" means any building or part of a building which is used for transaction of business for the keeping of a accounts and records for similar purposes and include doctor's service facilities, city halls, town halls, court houses, record and reference libraries where principal function of these is transaction or public business and the keeping of books and records.
1(vi) "Mercantile building" means any building or part of a building which is used as *"Multiplex" shops, stores , markets , for display and sale of merchandise either wholesale or retail, Office Storage and service facilities incidental to the sale of merchandise and located in the same building shall be included under this group.
(vii) "Industrial Building" means any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembles or processed and include assembly plants, laboratories, power plants, smoke houses, refineries, gas plants , mills ,dairies, factories.
(viii) "Storage Building" means any building of part of a building used primarily for the storage or sheltering of goods, wares or merchandise and includes warehouses, cold storages; freight depots transit shade, store houses, public garages, hangers, truck terminals, grain elevators, brains and stables.
(ix) "Hazardous building" means any building or part of a building which is used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which are liable to burn with extreme rapidity and/or which may produce poisonous fumes or explosions, for the storage, handling, manufacturing or processing whereof involve highly corrosive, toxic or noxious alkalies, acids or other liquids or chemicals producing flame-fumes and explosive poisonous, irritant or corressive gases; and for the storage, handling or processing of any material producing explosive mixtures of dust or which results in the division of matter into fine particles subject to spontaneous ignition.
(42) "Occupier" includes any person for the time being, paying or liable to pay rent or any portion of the building in respect of which the ward is used, or compensation or premium on account of the occupation of such building and also a rent-free tenant, but does not include a lodger, and the words "occupy" and "occupation" shall be construed accordingly;
(43) "Open space" means an area forming an integral part of the plot left open to sky.
(44) "Front open space" means an open space across the front of a plot between the building line and the front boundary of the plot;
(45) "Rear open space" means an open space across the rear of a plot between the rear of the building and the rear boundary of the plot;
(46) "Side open space" means an open space across the side of the plot between the side of the building and the side boundary of the plot;
(47) "Operational Construction" means a construction put up by Government Department for operational purposes;
(48 ) "Owner" means the person who has legal title for land or building and also includes:-
(a) an agent or trustee who receives the rent on behalf of the owner;
(b) an agent or trustee who receives the rent of or is entrusted with or is concerned with any building devoted to religious or charitable purposes.
(c) a receiver executor or administrator or a manager appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of the owner ; and
(d) a mortgagee in possession.
(49) "Parapet" means a low wall or railing built along the edge of a roof or a floor;
(50) "Parking space" means an area enclosed or unenclosed , covered or open, sufficient in size to park vehicles together with a driveway connecting the parking space with a street or an alley and permitting ingress and egress of the vehicle ;
(51) "Permission" means an authorization in writing by the Authority to carry out work of development or building and regulated by these rules, which otherwise would be unlawful;
(52) "Plinth" means the portion of a structure between the surface of the surrounding ground and surface of the floor immediately above the ground;
(53) "Plinth area" means a built up covered area measured at the plinth level;
(54) "Room height" means a vertical distance measured from the finished floor surface to the finished ceiling surface. Where a finished ceiling is not provided, the underside of joints or beams or tie-beams shall determined the upper point of measurement ;
(55) "Row housing /Row type building" means a row of buildings with only front, rear and interior open spaces;
(56) "Sanctioned plan" means the set of plans and specifications submitted under the rules in connection with a building and duly approved and sanctioned by the Authority;
(57) "Semi-detached Building" means a building detached on three sides;
(58) "Service lane" means a road/lane provided at the rear or side of a plot for service purpose;
(59) "Set back line" means a line usually parallel to the plot boundaries and laid down in each case by the Authority beyond which nothing can be constructed towards the site boundaries ;
(60) "Site" means a parcel of land enclosed by definite boundaries;
(61) "Site corner" means a site at the junctions of two or more intersecting street;
(62) "Site, interior or tandem" means site, access to which is by a passage from a street, whether such passage forms part of site or not;
(63) "Storey" means the portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it ;
(64) "Street" means any means of access, namely, highway, street, lane pathway, alley, stairway, passageway, carriageway, footway, square place or bridge, whether a thoroughfare or not over which the public have a right of passage or access or have passed and had access uninterruptedly for a specified period whether existing or proposed in any scheme and includes all bunds, channels, ditches, storm water drains, culverts, sidewalks, traffic islands roadside trees and hedges retaining walls, fences barriers and railings within the street lines ;
(65) "Street level or grade" means the officially established elevation of grade of the central line of the street upon which a plot fronts and if there is no officially established grade, the existing grade of the street at its mid-point:
(66) "Street line" means the line defining the side limits of a street ;
(67) "To erect" or "to erect a building" means-
(a) to erect a new building on any site whether previously built upon or not ;
(b) to re-erect any building of which portions above the plinth level have been pulled down, burnt or destroyed; and
(c) conversion from one occupancy to another ;
(68) "To abut" means to abut on a street such that any portion of the building is on the road boundary;
(69) "Travel distance" means distance from the remotest point on a floor of a building to a place of safety, whether it is vertical exist, or a horizontal exist to an outside exist measured along the line of travel ;
(70) "Varandah" means covered area with at least one side open to the outside with the exception of parapet which may be of the height of one meter on the upper floors as may be provided on the open side;
(71) "Water closet (WC)" means a privy with arrangement for flushing the pan with water ;
(72) "Window" means an opening to the outside than a door which provides all or part of the required natural light or ventilation or both to an interior space.
3. Applicability of the rules.-(1) Where land is to be developed or redeveloped into sub-divisions, plots or colonies, the rules shall apply to all the modifications to the land layout.
(2) Where a building is erected, the rules shall apply to the design and construction of the building.
(3) Where the whole or any part of the building is demolished, the rules shall apply to all parts of the building whether removed or not.
(4) Where the whole or any part of the building is demolished, the rules shall apply to any remaining part and to the work involved in demolition.
(5) Where a building is altered the rules shall apply to the whole building whether existing or new, except that the rules shall apply only to part if that part is completely self contained with respect to facilities and safety measures.
(6) Where the occupancy of a building is changed, the rules shall apply to all parts of the building affected by the change.
4. Rules not to apply to operational construction of the Government :-
(1) Nothing in these rules shall apply to-
(i) lands to which sub-section (4) of Section 1 of the Act applies ; and
(ii) operational constructions.
(2) The following constructions of the Government departments shall not come within the purview of operational construction for the purpose of these rules ;-
(a) new residential buildings.
(other than gate-lodges, quarters for limited essential operational staff)
(b) road and drains in colonies, hospitals, clubs, institutions and schools.
(3) In case of doubt as to whether any construction partakes the nature of operational constructions, the matter shall be referred to the State Government whose decision shall be final.
5. Existing Building.-Nothing in these rules shall require the demolition, alteration or abandonment of a building existing on the date on which the relevant provisions of these rules come into force nor prevent continuance of the use or occupancy of an existing building unless in the opinion of the authority, such building or portion thereof constitute a hazard to the safety of the adjacent property or to the safety of the occupants of the building itself, subject to the overall limitations, on restrictions
provided in the Development Plan for any area.
6. Alternative materials, methods of design and construction and tests-
(1) The provision of these rules are not intended to prevent the use of any material or method of design or construction not specifically prescribed by these rules or the Code, provided any such alternative has been approved by the Authority.
(2) The Authority may approve any such alternative provided it is of the opinion that the proposed alternative is satisfactory and conforms to the provisions of relevant parts regarding material, design and construction and that material, method or work offered is, for the purpose intended, at least equivalent to that prescribed in these rules or the Code as regards quality, strength, compatibility, effectiveness, fire and water resistance, durability and safety.
(3) Whenever there is insufficient evidence before the Authority of compliance with the provisions of these rules or the Code or evidence that any material or method of design or construction does not conform to the requirements of these rule or the Code or in order to substantiate claims for alternative materials, design or methods of construction, the Authority may require tests sufficiently in advance as proof of compliance. These tests shall be made by an approved agency at the expense of the owner.
(4) If there are no appropriate test methods specified in these rules or the Code, the Authority shall determine the test procedure.
(5) Copies of the results of all such tests shall be retained by the Authority for a period of not less than two years after the acceptance of the alternative material.
PART II-ORGANISATION AND ENFORCEMENT
17. Department of building inspection-
(1) The Authority shall have a department of building Inspection which shall be in the charge of an Authority. An officer, having minimum qualifications prescribed in rule 26 for an Engineer, or Architect or Town Planner shall, for the purpose of these rules, be designated as Building Officer. The appointment of the Building Officer shall be subject to the approval of the Director, Town and Country Planning Department of the State Government or such other officer as the Director may specify for this purpose :
Provided that two or more local authorities may be permitted by the Director to have a common Building Officer on terms and conditions mutually acceptable to such local authorities :
Provided further that no officer below the rank of Assistant Director, Directorate of Town and Country Planning may be appointed as Building Officer for the areas between Municipal Area and Planning area limits :
Provided also that for Class III and Class IV Town where these rules are enforced, any Officer with technical background may be appointed as Building Officer with the approval of Director, Town and Country Planning.
(2) The Authority shall appoint suitable number of Building Inspectors and other technical officers, having qualifications not less than those prescribed for supervisors in rule 26 to assist the Building Officer.
8. Power and duties of the Building Officer -
(1) The Building Officer shall enforce the provisions of these rules and all lawful orders or instructions issued pursuant thereto and shall act any question related to the mode of manner or construction, addition, alteration, repair, removal or demolition.
(2) The Building Officer -
(i) shall receive all applications for permission under rule 17 and may issue permission;
(ii) shall examine the premises for which permissions have been issued and ensure compliance with these rules;
(3) may as and when necessary issue all necessary notices or orders to (a) remove illegal or unsafe construction, (b) require necessary safeguards during development or construction, (c) require adequate exit facilities in existing buildings and (d) ensure compliance with all the requirements of safety, health and general welfare of the public as contained in these rule.
9. Right of entry –The Building Officer or his duly authorised representative may, after giving previous notice, enter at any reasonable time any building or premises to perform any duty imposed upon him by these rules:
"Provided that, -
(i) in the case of any building used as a dwelling house, or upon any enclosed part of garden attached to such building, no such entry shall be made except between the hours of sunrise and sunset or without giving its occupiers at least 24 hours notice in writing of the intention to enter;
(ii) sufficient opportunity shall in every instance be given to enable to women (if any) to withdraw from such land or building;
(iii) due regard shall always be had so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land of building entered".
10. Inspection.- The Building Officer may make or cause to be made all the required inspections or he may accept reports of inspections of authoritative and recognised services or individuals; and all reports of inspections shall be in writing and certified by a responsible officer of such authoritative service or by the responsible individual. The Building Officer may engage any such opinion as he may deem necessary to report upon unusual technical issues that may arise, subject to the approval of the Authority.
11. Constructions not according to plan - (1) if at any stage the Building Officer is of the opinion that construction is not proceeding according to the sanctioned plan or is in violation of any of the provisions of these rules or any other law for the time being in force, he shall notify the owner and thereupon all further construction not in conformity with these rules or any other law shall be stopped until correction has been effected and approved.
(2) If the owner fails to comply with the requirements at any stage of construction, the Authority may cancel the permission for building and shall cause notice of such cancellation to be securely posted upon the said construction, if the owner is not traceable at his address given in the notice and there is no agent to receive the notice on behalf of the owner. Posting of such a notice shall be considered sufficient notification of cancellation to the owner thereof.
12. Occupancy Violations:- Whenever any building is being used by any person contrary to provisions of these rules, the Building Officer may by order require discontinuance of such use of such building or portion thereof. Such person shall discontinue the use within Ten days of the receipt of such notice or make the building or portion thereof comply with requirements of the rules.
∗ 13. Board of Appeal. - (1) The State Government shall appoint a Board of Appeal consisting of the following ;-
(i) The Mayor of Municipal Corporation or President of Municipal Councilas Chairman.
(ii) The Joint or Dy. Director, Town & Country Planning for the area- as a member.
(iii) A representative nominated by the Authority.
(iv) The member nominated/co-opted by the Chairman, essentially a Civil Engineer of State Public Work Department/Health Engineering Department or Development Authority.
(2) The Board of Appeal shall hear appeals arising out of the following matters against the orders of the Authority or Building officer except land development permits :-
(a) conditions, if any, attached to the grant of building permission;
(b) the grounds on which building permission has been refused;
(c) suitability of alternative material or design or construction of building;
(d) the matters related with building controls.
The appeals pertaining to land development permits shall be heard by appellate authority as prescribed under Section 31 of the Act.
(3) The Board shall make regulations for conducting its investigations and lay down its own procedure which, as far as may be, shall be consistent with principles of natural justice for hearing appeals and shall render all decisions and findings in writing to the Building Officer and furnish a copy of appellate decision to the appellant and may order such modification as if may deem necessary.
(4) The owner or engineer/Architect signing the plans out of which the appeal arises shall appeal to the Board, within thirty days from the grant or refusal of the permission, as the case may be. The appeal shall be decided as far as, may be, within sixty days of the receipt of the appeal.