Building by Laws Lecture Notes

Affiliated to GGSIPU and approved by COA & AICTE
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

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)

Indian Scenario
• The current town planning system in India, like several other countries,
owes its origins to the British town planning system, although the features
and functioning of it are very different from the British system.
• India continued with a town planning system whose legislation was framed
by the British by adapting it to the requirements of the Indian cities and
this was primarily done through the town and country planning acts of
various States. These acts have mandated the development of Master
Plans for the development of cities conceivable in the next 20 or 25 years.
The Master Plans, or Development Plans, featured the land use plan
present and proposed – and development control restrictions. In many
states, this involves estimation of future population, socio-economic
conditions and their infrastructural needs and preparation of plans for
ensuring that the

In India, there are still many small and medium sized towns which do
not have building bye-laws and in the absence of any regulatory
mechanism, such towns are confronted with excessive coverage,
encroachment and haphazard development resulting in chaotic
conditions, inconvenience for the users, and disregard for building
aesthetics, etc.

What are Building Bye- Laws
• Building Bye-Laws are legal tools used to regulate coverage, height,
building bulk, and architectural design and construction aspects of
buildings so as to achieve orderly development of an area.
• They are mandatory in nature and serve to protect buildings against fire,
earthquake, noise, structural failures and other hazards.
• Holistically, building bye laws are a set of rules that define the construction
limits of a structure within a province/city/state.
• Building Bye laws are the rules and regulations set forth by the concerned
government authorities and updated time to time.

• Building bye laws are the regulations that are generally made by local governments or the
municipal departments of State governments, with the intention of controlling urban
development in harmony with that envisaged in the Master Plan and for ensuring structural
safety, public health and hygiene.
• They primarily provide guiding principles on which buildings have to be planned and built, which
can be used by a citizen/developer intending to erect a building on a piece of urban land .
• Besides, they also list out the procedures to be followed for making application, support
documents and drawings to be attached, undertakings to be given, certification process and
inspection/ monitoring mechanism.
• They are often complemented by the Master/ Development Plan of the city, which provide zoning
rules, land uses allowed and the nature and intensity of development envisaged.
• The origins of modern building bye laws can be found in the 16th Century British local authority
laws that defined civic life and services in cities. They laid down the principles for spatial
organization and for the design of human settlements, from the point of view of protecting public
health (preventing the spread of disease and fire).

• 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.

Purpose of building bye laws
• Ensure uniform development of buildings in a society, town and
prevent haphazard development
• Affirm public safety against noise, fire, health hazards and structural
failures
• Ensure optimum utilization of space
• Follow approaches which safeguard complete health, safety and
comfort of residents such as proper ventilation, air, light and other
essentials

Objects of Bye-Laws
• Pre-planning of building activity.
• Allow orderly growth and prevent haphazard development.
Provisions of by-laws usually afford safety against fire, noise, health
hazard and structure failure.
• Provide proper utilization of space to achieved maximum efficiency in
planning.
• Provide health, safety and comfort to the people who live in building.
• Due to these bye-laws, each building will have proper approaches,
light, air and ventilation.

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

Aspects and Parameters

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.
• To provide 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.

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

Role of Local Authority
• A local authority Is a body created by law and it has to carry out various functions
and obligations in connection with community life.
• One of the important duty of a local authority to frame suitable building bye-laws
and to provide suitable machinery for Its successful implementation.
• For this purpose, It should form a department to receive plans of proposed
buildings. The department checks every detail on the plan and defects, If any,
pertaining to prevailing bye-laws, are pointed out for rectification.
• Only those plans are approved which comply with the requirements of prevailing
bye-laws.

Development Control Regulations
• Development Control Regulations are a set of rules that are planned
to ensure the proper and effective development of a city, as well as
the general welfare of the public. Regulation is necessary to ensure
planned development.
• It is a mechanism that controls the development and use of land.
• This involves the construction of new buildings, the extension of the
existing ones, and the change of use of the building or land to
another use.
Developing new houses/industrial buildings/shops are important for
supporting economic progress. At the same time, it is also necessary to
protect or improve the quality of towns, villages, countryside, etc.

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

• Town and Country Planning: Forming strategies and implementing them to
provide better infrastructure for the people, in line with their requirements.
• Zoning Regulations: It deals with the allocation of land for specific purposes and
keeping a check on the use of land, and overall construction and height of
buildings.
• Slum Clearance: Reducing the number of slums and ensuring the rehabilitation of
inhabitants.
• Building Bye-Laws: They are a set of regulations imposed on developers which
must be mandatorily met to construct legally-sound buildings. It involves
acquiring all set of clearances and abiding by the Indian Building Code.
• Periphery Control: To protect the peripheral land that comes under the
jurisdiction of a State from all sorts of encroachments and illegal use.
• Land Acquisition: Acquiring land for governmental projects and compensating
the landowners.

• 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.

BUILDING CODE
✓ A building code is a document containing standardized requirement for the design & construction
of most types of building.
✓ Codes regulate building construction & building use in order to protect the health, safety &
welfare of the occupant.
✓ Codes express all aspects of construction including structural integrity, fire resistance, safe exists,
lighting, electrical, energy conservation, plumbing, sanitary facilities, ventilation, seismic design &
correct use of construction materials.
✓ Building codes classify standard by use & apply different standards to each classification. For
example, schools & office buildings are in separate occupancy category with different
performance requirement.
✓ The National Building Code is a single document in which, like a network, the information
contained in various Indian Standards is woven into a pattern of continuity and cogency with the
interdependent requirement of sections carefully analyzed and fitted in to make the whole
document a cogent continuous volume.
✓ A continuous thread of preplanning is woven which, in itself, contributes considerably to the
economies in construction particularly in building and plumbing services.

• Building bye-laws are a set of standards used to regulate various facets of a
building everything from its design to its safety features. In these 'Model Building
Bye-Laws', the Town and Country Planning Organisation (TCPO) under
the Ministry of Urban Development (MoUD) has created a guide for State
Governments, Urban Local Bodies, Development Authorities to help them play a
more effective role in enforcing the implementation of the master plans.
• In the Indian context, this model bye-law comes at a time when there is rapid
urbanisation happening without a regulatory mechanism and the 74th
Constitutional Amendment empowers local bodies to prepare and enforce master
plans, for orderly development of urban areas.
MBBL

• 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

• Each chapter is broken down to into sections to ensure that the bye-laws cover
various aspect of building design, maintenance and safety.
• The first chapter provides definitions of various legal, municipal architectural and
building terminology. These definitions help in understanding various terms used
in the bye-laws and also in ensuring the letter and spirit of the law is followed
during its implementation.
MBBL- Chapter 1

• Jurisdiction and applicability of the building bye-laws
•
The jurisdiction of these bye-laws are dealt with in the second chapter. These laws are applicable to buildings being
constructed, change of use/occupancy of building, reconstruction of a building or a part of it. There are separate
sections for each case. The bye-law clarifies that existing structures that are lawfully established would
not need to undergo removal, alteration etc.
The chapter also has a section on the procedure for obtaining a building permit. The procedure includes giving a
notice in writing to the Authority responsible indicating the intent. Along with this notice copies of plans also have
to be submitted along with documents such as sale/lease deed and approvals from various government agencies.
These approvals depend on the the type, nature and use of the building. Thus in case of a hazardous building, the
approval of the Chief Controller of Explosives and Chief Fire Officer is sought.
Some of the other documents that have to be submitted include a certificate of supervision and execution of
drainage/sanitary works. The Annexures provides the prescribed formats in which these documents have to be
submitted.
The chapter also has sections on procedure during construction work, notice of completion, occupancy and
completion certification etc.
MBBL- Chapter 2

• 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 of jhuggi jhonpri etc.
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 sq m of floor space. The chart has ECS for different types of commercial areas, public and
semi-public facilities and industries.
MBBL- Chapter 3

•
The development code for specific types of premises forms part of
the chapter. For residential areas, density pattern is followed to work
out the pattern of development with respect to the size of the plot,
number of dwellings etc. In the case of buildings within a residential
zone factors such as FAR, height are to be taken into consideration.
While in case of plotted development, points such as sufficient light
and air in buildings, protection against noise and dust, open space are
kept in mind.
MBBL- Chapte-3

• 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 sq m, while for a plot larger than 50 m it is 9.50 sq m. The size of
doorways, staircases, canopy, projections etc are part of this table.
MBBL- Chapter-4

• 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
atleast one window and its floor should be made of impermeable material. While a bathroom and
WC will be so situated to ensure that alteast one 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

• This chapter has its base in the National Building Code of India and the Bureau
of Indian Standards.
Special requirements for occupancy, land development
Requirements for factories, educational buildings,assembly buildings, 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

• 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 theannexure of 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

• 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 repair and 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

• 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

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

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