While laws are important for any society or civilization to function, certain laws are directly impactful to our very existence. One such vital rule is the Building Bye Laws in India. For whatever type of property that is being constructed (residential or commercial), certain rules pertaining must be followed for the safety of its construction, the builder’s workforce, as well as the people living in these buildings once, they are completed. These guidelines are beneficial to not only us as the citizens of the nation but also to the environment for construction in open spaces, health hazards, fire hazards, risk of life, pollution and more. It is therefore vital for anyone – real estate developers, construction workers, and homebuyers alike – that we make ourselves familiar with what these building by-laws are, what their objectives are, as well as what aspects the guidelines cover to ensure the safe construction of buildings in India.
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Understanding Building Bye Laws
If you find yourself wondering what is building bye-laws, and how did they come into being, you must understand that these are legal tools that help regulate the several design and construction aspects of any building, to ensure orderly development is taking place in any area. These regulated elements of building construction and architectural design can include anything from their coverage area, building bulk, height, measures against natural calamities etc. It is after all, very important to ensure that the future residents or users of the building are safe against hazards such as earthquakes, fire, structural failures, noise etc. There are also other regulatory mechanisms that the future users/buyers of the properties can be prone to including excessive coverage leading to legal trouble, irregular development in polluted areas, forcible encroachment etc. These bye-laws are created by the planning authorities in any area and work towards addressing the all-encompassing safety and construction requirements of any building. So, how were building bye-laws for residential buildings and even commercial ones created in the first place?
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The Birth Of Model Building Bye-Laws, 2016
The building bye-laws were first encapsulated in the circular called the ‘Model Building Bye Laws 2016’ by the Town and Country Planning Organisation (TCPO) of the Ministry of Urban Development. This draft in 2016 was an improvement over the Model Building Bye Laws that were introduced in 2004 and specified the parameters for the regulatory and engineering mechanisms to be in place before any construction took place in India. This is because of unauthorised constructions of buildings that were prone to structural failures. While some of these violations were minor, such as constructing a building that is a bit different from what was originally shared with the local planning authority. While the extreme violations have led to tragic consequences. For example, the 2019 Delhi fires led to the highest recorded deaths (150) in the past five years as per the National Crime Records Bureau (NCRB).
Additionally, other reasons for revising the bye-laws in 2016 were listed as:
- Rising environmental worries
- Higher safety and security mechanisms
- Better technological innovations and developments
- Higher focus on the nation’s ease of doing business
- The government’s Swachh Bharat Mission
The 2016 draft was circulated to all the central government institutes and agencies including the National Disaster Management Authority, National Capital Region Planning Board, the Bureau of Indian Standards, Housing and Urban Development Corporation, State Town and Country Planning Departments, Schools of Planning and Architecture and more. Local bodies such as NAREDCO and CREDAI were also brought in for their expertise and suggestions. It was in the month of July 2015 that a review meeting was held where the Joint Secretary (UD) made a presentation on the revisions, and in the same meeting, the circular was decided to be distributed to all the related ministries granting NOCs for constructions in India. This would mean that everywhere – from Mumbai, Bangalore, to Delhi building bye-laws will now have to adhere to the new guidelines. What were the features of the new guidelines? Let’s find out.
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Salient features of the Model Building Bye Laws 2016
Several key objectives of building bye-laws were focused on the overall safety, security, and transparency of how buildings were constructed in India. Salient features of the 2016 bye-laws included the following provisions:
- Safety & Security: this included the structural safety, prevention measures, disaster management, etc. related to a building’s architectural design
- Accessible by all: these provisions were to make all constructions suitable and safe for children, the elderly, differently-abled etc.
- Eco-friendliness: this provision was to ensure all buildings incorporated green construction and sustainability mechanisms such as reuse of wastewater, rainwater harvesting, recycling, solar rooftop installations and more.
- Swachh Bharat Mission: this provision was to ensure hygienic sanitation facilities for women and the general public at large
- Adoption of technology: this provision was to ensure higher adoption of technologies that can increase efficiencies in structural safety, fire safety, disaster management and more
- Ease of doing business: this provision was to ensure that commercial building plans were adequately adhering to compliance requirements and reporting the same regularly
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Aspects Covered by Building Bye Laws
Directions are given in India’s building bye-laws for the following areas of construction:
- Area covered and application
- The height of the structure
- Coverage of the structure
- Index of the available floor space
- Density
- Projection and setbacks
- Parking areas.
- Provisions for stairwells and exits in the event of a fire
- Facilities in the basement
- Green places are necessary.
- Areas with lots of light
- The project’s amenities
- Elevators are available.
- sewage treatment plants
- Water is provided.
- The power supply is provided.
- Waste management is provided for.
- Rainwater collection
- Unrestricted environment
- Provisions for safety
- Communication technology’s effects
Penal Actions in Breach of Building Bye Laws
If a Town Planner, Engineer, Architect, Supervisor, or Contractor is found to have deviated from professional behaviour, made a false statement, misrepresented any relevant evidence, or failed to authenticate a plan or supervise construction against the Bye-Laws and approved building plans, the Regulator reserves the right to intervene and debar/blacklist them.
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Additionally, if the authorising body discovers any violation of the Building Bye Laws, mischaracterization of facts, or construction in violation of the sanction or the building Bye-Laws, including the prescribed papers, the Jurisdiction will revoke the sanction and take necessary measures against the professional, and that professional will not be permitted to submit new plans until the case is resolved. The Authority shall issue a show-cause notice with an opportunity for a personal hearing before debarring or blacklisting such professional if found to have been engaging in professional misconduct or misrepresenting any material facts and shall pass an order debarring her/him from submitting and supervising the construction with full justification. In the event of illegal developments, the Authority will take appropriate action, which may include the demolition or removal of unlawful constructions, the closure of premises, and the investigation and prosecution of the offender in accordance with the relevant laws.
This meansthat the Bangalore building bye-laws are set by the Bruhat Bengaluru Mahanagara Palike (BBMP), the building bye-laws in Maharashtra in Mumbai specifically are under the Brihanmumbai Municipal Corporation (BMC), and the residential building bye-laws in Delhi are overseen by the Delhi Development Authority (DDA). Recently in May 2022 for example, the Supreme Court announced the date for the demolition of the Twin Towers constructed on the Noida Expressway. This was because the same was built in violation of the Noida building bye laws, because of which now the realtor faces proceedings of insolvency.
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Get The Most Relevant Legal Advice
It is best to always keep the all-encompassing building by-laws in mind before constructing any building – be it residential or commercial. Any legal complication that is overlooked early on will not only be subject to high legal costs later on, but also eventually the halting of the construction project altogether, and hurting any future professional prospects in case the realtor is blacklisted. If you are a homebuyer, be sure to check if the building you are moving into is in complete compliance with the local governing body’s building bye-laws. If you have realised later that there are inadequacies in your recently constructed /under-construction home’s structure, you can also take legal steps to correct them or seek remediation. It is always, after all, better to be safe than sorry.
If you don’t know where to begin, be sure to check out NoBroker’s top-starred legal experts, who can guide you in the right direction, at the lowest price quotes in the market. Or if you are a homebuyer who wants to avoid all legal troubles altogether, be sure to check out the NoBroker app for free, and get verified results of well-reputed real estate developers across the nation. For more details, check out our services below.
FAQ‘s
1. What are building bye-laws?
Building bye-laws are legal tools that help regulate the several design and construction aspects of any building to ensure orderly development in any area. These regulated elements of a building’s construction and architectural design can include anything from their coverage area, building bulk, height, measures against natural calamities etc.
2. What are Model Building Bye Laws 2016?
The Building bye-laws were first encapsulated in the circular called the ‘Model Building Bye Laws 2016’ by the Town and Country Planning Organisation (TCPO) of the Ministry of Urban Development. This draft in 2016 was an improvement over the Model Building Bye Laws that were introduced in 2004 and specified the parameters for the regulatory and engineering mechanisms to be in place before any construction took place in India.
3. Why was the 2004 Model Building Bye Laws revised?
This is because of unauthorised constructions of buildings that were prone to structural failures. Additionally, other reasons for revising the bye-laws in 2016 were listed as rising environmental worries, higher safety and security mechanisms, better technological innovations and developments, a higher focus on the nation’s ease of doing business, as well as the government’s Swachh Bharat Mission.
4. What were the overall objectives of the Model Building Bye Laws?
The Model Building Bye Laws features were focused on the overall safety, security, eco-friendliness, technological adaptability, and regulatory transparency of building constructions.
5. Are there any penal actions if building bye-laws are breached?
The local planning regulator reserves the right to intervene and debar/blacklist architects, engineers, or supervisors who deviate from professional behaviour. Additionally, In the event of illegal developments, the Authority can even take appropriate actions, including the demolition or removal of unlawful constructions, the closure of premises, etc.
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