Building by Laws Lecture Notes

Introduction to building bylaws
like what are bylaws and what is their use and all

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Introduction to Building Bye
Laws
Subject Code: AP-324
Subject Name: Codes of Practice and Building Bye Laws
:
Prepared By-
Ar. Toshi Dube
Associate Professor
MBS, SPA, Dwarka,
New Delhi

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As Per
•Maharashtra Regional and Town Planning act-1966
•Model Building Bye Laws: 2016 (Ministry of Urban Development)
•National Building Code of India:2016 (Volume 1 and Volume 2)

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Indian Scenario
•ThecurrenttownplanningsysteminIndia,likeseveralothercountries,
owesitsoriginstotheBritishtownplanningsystem,althoughthefeatures
andfunctioningofitareverydifferentfromtheBritishsystem.
•Indiacontinuedwithatownplanningsystemwhoselegislationwasframed
bytheBritishbyadaptingittotherequirementsoftheIndiancitiesand
thiswasprimarilydonethroughthetownandcountryplanningactsof
variousStates.TheseactshavemandatedthedevelopmentofMaster
Plansforthedevelopmentofcitiesconceivableinthenext20or25years.
TheMasterPlans,orDevelopmentPlans,featuredthelanduseplan
presentandproposed–anddevelopmentcontrolrestrictions.Inmany
states,thisinvolvesestimationoffuturepopulation,socio-economic
conditionsandtheirinfrastructuralneedsandpreparationofplansfor
ensuringthatthe

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InIndia,therearestillmanysmallandmediumsizedtownswhichdo
nothavebuildingbye-lawsandintheabsenceofanyregulatory
mechanism,suchtownsareconfrontedwithexcessivecoverage,
encroachmentandhaphazarddevelopmentresultinginchaotic
conditions,inconveniencefortheusers,anddisregardforbuilding
aesthetics,etc.

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What are Building Bye-Laws
•BuildingBye-Lawsarelegaltoolsusedtoregulatecoverage,height,
buildingbulk,andarchitecturaldesignandconstructionaspectsof
buildingssoastoachieveorderlydevelopmentofanarea.
•Theyaremandatoryinnatureandservetoprotectbuildingsagainstfire,
earthquake,noise,structuralfailuresandotherhazards.
•Holistically,buildingbyelawsareasetofrulesthatdefinetheconstruction
limitsofastructurewithinaprovince/city/state.
•BuildingByelawsaretherulesandregulationssetforthbytheconcerned
governmentauthoritiesandupdatedtimetotime.

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What are Building Bye-Laws

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•Buildingbyelawsaretheregulationsthataregenerallymadebylocalgovernmentsorthe
municipaldepartmentsofStategovernments,withtheintentionofcontrollingurban
developmentinharmonywiththatenvisagedintheMasterPlanandforensuringstructural
safety,publichealthandhygiene.
•Theyprimarilyprovideguidingprinciplesonwhichbuildingshavetobeplannedandbuilt,which
canbeusedbyacitizen/developerintendingtoerectabuildingonapieceofurbanland.
•Besides,theyalsolistouttheprocedurestobefollowedformakingapplication,support
documentsanddrawingstobeattached,undertakingstobegiven,certificationprocessand
inspection/monitoringmechanism.
•TheyareoftencomplementedbytheMaster/DevelopmentPlanofthecity,whichprovidezoning
rules,landusesallowedandthenatureandintensityofdevelopmentenvisaged.
•Theoriginsofmodernbuildingbyelawscanbefoundinthe16thCenturyBritishlocalauthority
lawsthatdefinedciviclifeandservicesincities.Theylaiddowntheprinciplesforspatial
organizationandforthedesignofhumansettlements,fromthepointofviewofprotectingpublic
health(preventingthespreadofdiseaseandfire).
What are Building Bye-Laws

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•These buildings Bye Laws Are Drawn Up By A Panel Experts In Various Branches
Of The Building Industry Such As:
•Town Planning
•Architecture
•Civil Engineering
•Electrical Engineering
•Air-conditioning
•Fire-fighting and administration etc.
Theses building bye-laws when formulated are enforced on all buildings whether
constructed by government, local bodies, private persons or agencies.
What are Building Bye-Laws

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Purpose of building bye laws
•Ensureuniformdevelopmentofbuildingsinasociety,townand
preventhaphazarddevelopment
•Affirmpublicsafetyagainstnoise,fire,healthhazardsandstructural
failures
•Ensureoptimumutilizationofspace
•Followapproacheswhichsafeguardcompletehealth,safetyand
comfortofresidentssuchasproperventilation,air,lightandother
essentials

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Objects of Bye-Laws
•Pre-planningofbuildingactivity.
•Alloworderlygrowthandpreventhaphazarddevelopment.
Provisionsofby-lawsusuallyaffordsafetyagainstfire,noise,health
hazardandstructurefailure.
•Provideproperutilizationofspacetoachievedmaximumefficiencyin
planning.
•Providehealth,safetyandcomforttothepeoplewholiveinbuilding.
•Duetothesebye-laws,eachbuildingwillhaveproperapproaches,
light,airandventilation.

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SCOPE of Building Bye Laws
•These bye-laws and Development Control rules govern the following aspects
•Building permission
•Zoning
•Sub-division of Land
•Land use, open space, built-up area and height limitation.
•Floor space index/ Floor Area Ratio
•Lighting and ventilation
•Fire Safety
•Structural design
•Material and method of construction etc
•Green building
•Waste and Water management

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Aspects and Parameters

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Necessity
•To give guidelines to the designer, architect or engineer.
•To limit or define the way the new structure is to be built.
•To control and development and to check un-authorized construction i.e. encroachment on public an private
land.
•To prevent haphazard development.
•To specify the type of material to be used.
•Toprovide open space, air ,breeze etc.
•To offered satiety against fire, noise, and smoke etc.
•To cube the haphazard growth of towns or cities.
•To facilitate future use of land, widening of streets, controlling the ribbon development in an area.
•To reduce pollutions in the area by restricting population density in an area thereby providing the hygienic
environment.
•To ensure that every in citizen will receive facilities like water supply, sanitation, ventilation, electric supply,
parking, and safety.

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Applicability of Building Bye Laws
•New Construction
•Addition and Alterations to a Building
•Occupancy of Building Changed
•Development of Land
•Any part or whole building is demolished

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Role of Local Authority
•AlocalauthorityIsabodycreatedbylawandithastocarryoutvariousfunctions
andobligationsinconnectionwithcommunitylife.
•Oneoftheimportantdutyofalocalauthoritytoframesuitablebuildingbye-laws
andtoprovidesuitablemachineryforItssuccessfulimplementation.
•Forthispurpose,Itshouldformadepartmenttoreceiveplansofproposed
buildings.Thedepartmentcheckseverydetailontheplananddefects,Ifany,
pertainingtoprevailingbye-laws,arepointedoutforrectification.
•Onlythoseplansareapprovedwhichcomplywiththerequirementsofprevailing
bye-laws.

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Development Control Regulations
•DevelopmentControlRegulationsareasetofrulesthatareplanned
toensuretheproperandeffectivedevelopmentofacity,aswellas
thegeneralwelfareofthepublic.Regulationisnecessarytoensure
planneddevelopment.
•Itisamechanismthatcontrolsthedevelopmentanduseofland.
•Thisinvolvestheconstructionofnewbuildings,theextensionofthe
existingones,andthechangeofuseofthebuildingorlandto
anotheruse.
Developingnewhouses/industrialbuildings/shopsareimportantfor
supportingeconomicprogress.Atthesametime,itisalsonecessaryto
protectorimprovethequalityoftowns,villages,countryside,etc.

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Development Control Regulations
Types of Development control regulations
1.Town and Country Planning Act
2.Building Bye-laws
3.Land Acquisition Act
4.Zoning Regulations
5.Slum Clearance Act
6.Periphery Control Act

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Development Control Regulations
•TownandCountryPlanning:Formingstrategiesandimplementingthemto
providebetterinfrastructureforthepeople,inlinewiththeirrequirements.
•ZoningRegulations:Itdealswiththeallocationoflandforspecificpurposesand
keepingacheckontheuseofland,andoverallconstructionandheightof
buildings.
•SlumClearance:Reducingthenumberofslumsandensuringtherehabilitationof
inhabitants.
•BuildingBye-Laws:Theyareasetofregulationsimposedondeveloperswhich
mustbemandatorilymettoconstructlegally-soundbuildings.Itinvolves
acquiringallsetofclearancesandabidingbytheIndianBuildingCode.
•PeripheryControl:Toprotecttheperipherallandthatcomesunderthe
jurisdictionofaStatefromallsortsofencroachmentsandillegaluse.
•LandAcquisition:Acquiringlandforgovernmentalprojectsandcompensating
thelandowners.

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•In India, building byelaws are framed taking into account the National
Building Code as the base and state government acts.
However, it is not mandatory for the states to follow the NBC strictly.
Each state makes modifications as per their local requirements and
traditions.

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BUILDING CODE
✓Abuildingcodeisadocumentcontainingstandardizedrequirementforthedesign&construction
ofmosttypesofbuilding.
✓Codesregulatebuildingconstruction&buildinguseinordertoprotectthehealth,safety&
welfareoftheoccupant.
✓Codesexpressallaspectsofconstructionincludingstructuralintegrity,fireresistance,safeexists,
lighting,electrical,energyconservation,plumbing,sanitaryfacilities,ventilation,seismicdesign&
correctuseofconstructionmaterials.
✓Buildingcodesclassifystandardbyuse&applydifferentstandardstoeachclassification.For
example,schools&officebuildingsareinseparateoccupancycategorywithdifferent
performancerequirement.
✓TheNationalBuildingCodeisasingledocumentinwhich,likeanetwork,theinformation
containedinvariousIndianStandardsiswovenintoapatternofcontinuityandcogencywiththe
interdependentrequirementofsectionscarefullyanalyzedandfittedintomakethewhole
documentacogentcontinuousvolume.
✓Acontinuousthreadofpreplanningiswovenwhich,initself,contributesconsiderablytothe
economiesinconstructionparticularlyinbuildingandplumbingservices.

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•Buildingbye-lawsareasetofstandardsusedtoregulatevariousfacetsofa
buildingeverythingfromitsdesigntoitssafetyfeatures.Inthese'ModelBuilding
Bye-Laws',theTownandCountryPlanningOrganisation(TCPO)under
theMinistryofUrbanDevelopment(MoUD)hascreatedaguideforState
Governments,UrbanLocalBodies,DevelopmentAuthoritiestohelpthemplaya
moreeffectiveroleinenforcingtheimplementationofthemasterplans.
•IntheIndiancontext,thismodelbye-lawcomesatatimewhenthereisrapid
urbanisationhappeningwithoutaregulatorymechanismandthe74th
ConstitutionalAmendmentempowerslocalbodiestoprepareandenforcemaster
plans,fororderlydevelopmentofurbanareas.
MBBL

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•The 'Model Building Bye-Laws' contains eight chapters:
1.Definitions
2.Jurisdiction and applicability of the building bye-laws
3.Development code pertaining to residential and non-residential premises
4.General building requirements
5.Structural safety and services
6.Special requirements for occupancy/land development
7.Fire protection and fire safety requirements
8.Conservation of heritage sites including heritage buildings, heritage
precincts and natural feature areas
MBBL

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•Eachchapterisbrokendowntointosectionstoensurethatthebye-lawscover
variousaspectofbuildingdesign,maintenanceandsafety.
•Thefirstchapterprovidesdefinitionsofvariouslegal,municipalarchitecturaland
buildingterminology.Thesedefinitionshelpinunderstandingvarioustermsused
inthebye-lawsandalsoinensuringtheletterandspiritofthelawisfollowed
duringitsimplementation.
MBBL-Chapter 1

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•Jurisdictionandapplicabilityofthebuildingbye-laws
•
Thejurisdictionofthesebye-lawsaredealtwithinthesecondchapter.Theselawsareapplicabletobuildingsbeing
constructed,changeofuse/occupancyofbuilding,reconstructionofabuildingorapartofit.Thereareseparate
sectionsforeachcase.Thebye-lawclarifiesthatexistingstructuresthatarelawfullyestablishedwould
not need to undergo removal, alteration etc.
Thechapteralsohasasectionontheprocedureforobtainingabuildingpermit.Theprocedureincludesgivinga
noticeinwritingtotheAuthorityresponsibleindicatingtheintent.Alongwiththisnoticecopiesofplansalsohave
tobesubmittedalongwithdocumentssuchassale/leasedeedandapprovalsfromvariousgovernmentagencies.
Theseapprovalsdependonthethetype,natureanduseofthebuilding.Thusincaseofahazardousbuilding,the
approvaloftheChiefControllerofExplosivesandChiefFireOfficerissought.
Someoftheotherdocumentsthathavetobesubmittedincludeacertificateofsupervisionandexecutionof
drainage/sanitaryworks.TheAnnexuresprovidestheprescribedformatsinwhichthesedocumentshavetobe
submitted.
Thechapteralsohassectionsonprocedureduringconstructionwork,noticeofcompletion,occupancyand
completioncertificationetc.
MBBL-Chapter 2

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•Development code pertaining to residential and non-residential premises
This chapter of the bye-laws deals with regulation of buildings within a premises. The topics
covered include use, open space, height, number of dwelling units, parking standards for
residential premises, resettlement ofjhuggi jhonprietc.
The section on development standards for hill towns lists out the factors that need to be taken
into consideration for space standards. These include sunlight, degree of slopes, conservation
principle, energy needs, communication networks etc.
In the context of parking, a chart is provided which details the Equivalent Car Space (ECS). Thus
for a residential area with group housing where plots are above 250 sqm the ECS is 0.50 -1.50
per sqm of floor space. The chart has ECS for different types of commercial areas, public and
semi-public facilities and industries.
MBBL-Chapter 3

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•
Thedevelopmentcodeforspecifictypesofpremisesformspartof
thechapter.Forresidentialareas,densitypatternisfollowedtowork
outthepatternofdevelopmentwithrespecttothesizeoftheplot,
numberofdwellingsetc.Inthecaseofbuildingswithinaresidential
zonefactorssuchasFAR,heightaretobetakenintoconsideration.
Whileincaseofplotteddevelopment,pointssuchassufficientlight
andairinbuildings,protectionagainstnoiseanddust,openspaceare
keptinmind.
MBBL-Chapte-3

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•General building requirements
This chapter deals with space requirements of various parts of the building. This
depends on occupancy load and purpose of the building. For example the plinth
or any part of a building or outhouse, has to located with respect to average road
level in a manner to provide adequate drainage of the site but not at a height less
than 45 cm.
•A table provides the minimum size of different parts of a residential premises for
different sizes of plots. For a plot less than 50 m the minimum area of a habitable
room is 7.50 sqm, while for a plot larger than 50 m it is 9.50 sqm. The size of
doorways, staircases, canopy, projections etc are part of this table.
MBBL-Chapter-4

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•In the case of group housing the space is the same as for a independent plot. The chapter also has
other requirements for different areas of a residential premises. Thus a kitchen should have
atleastone window and its floor should be made of impermeable material. While a bathroom and
WC will be so situated to ensure that alteastone of its walls open to external air. There are such
requirements for basement, loft, mezzanine, and garage.
In case of building sites, there are recommendations for the distance from building sites,
minimum size of sites. There is also a section on means of access which categorically states that
no building will be constructed to deprive an existing building of a means of access. This section
also provides details of the width of road which abuts a building.Sections on exit requirements,
staircase requirements, doorways, open space area and height limitation, lighting and ventilation
of rooms etc.
MBBL-Chapter-4

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•This chapter has its base in theNational Building Code of Indiaand theBureau
of Indian Standards.
Special requirements for occupancy, land development
Requirements for factories, educational buildings,assemblybuildings, petrol filling
stations, burial and cremation grounds etc are indicated here. In case of factories,
provisions under the Factories Act will have to be followed while in case of
assembly buildings like cinema halls relevant provisions of the Cinematographic
Rules/Acts will be applicable.
MBBL-Chapter-5
MBBL-Chapter-6

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•Fire protection and fire safety requirements
As the title suggests, this chapter covers the requirements for fire protection for multi-storied
buildings and buildings which are 15m and above in height and low occupancy buildings like
assembly, educational, business etc. These requirements work in tandem with other bye-laws
found in Chapter 4.
The procedure for getting clearance from the fire department is suggested here. Three sets of
building plans along with the prescribed fee are to be sent to the Chief Fire Officer after ensuring
the plans are in line with master/zonal Plan. The format for providing information on the various
fire safety measures is provided in theannexureof the bye-laws.
The Chief Fire Officer has to examine the plans, approve them and send it for implementation.
Once completed the Chief Fire Officer will provide a "No Objection Certificate" from a fire safety
and escape point of view. This fire clearance will be reviewed on an annual basis for particular
types of buildings like hotels, hospitals etc.
MBBL-Chapter-7

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•This chapter of the bye-laws is applicable to all buildings, heritage sites, sacred
groves, scenic beauty spots etc, that are listed in government notifications and
listed in the Master Plan.
The chapter begins with a definition of different concepts like heritage building,
heritage site, conservation, preservation, restoration, reconstruction. It then
moves to the responsibilities of the owner of a heritage buildings. The
responsibilities include repairand maintenance of the building. However repairs,
redevelopment etc have to be carried out after permission from Commissioner of
Municipality. There are other caveats which have to be followed such as
involvement of the public prior to alteration of such buildings etc.
MBBL-Chapter-8

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•The chapter also lists out the role of the Heritage Committee and its composition. This committee
will include members of the PWD, structural engineers, environmentalists, historians, chief town
planners from different departments and representatives from state archaeological department. The
terms of reference of the committee include:
•Advising Municipal Commissioner on granting development permission
•Preparing supplementary list of heritage sites
•Prepare supplementary guidelines on conservation principles
•The bye-laws end with a list of annexures that pertain to various forms that need to be filled, when
filing for application to make a building.
MBBL-Chapter-8

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DEFINITIONS
1.Floor Area Ratio and its types with sketches
2.Setback and Its Importance with sketches
3.Building Line
4.Means of Access
5.Carpet Area, Built up Area, Super Built up area
6.Building Height
7.Building
ASSIGNMENT

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1.MBBL
2.NBC
3.UBBL
4.MPD 2021
REFERENCES