Further, the occupancy of the building or any part thereof must be after due inspection and issue of the building usage permit and the actual usage must be as per the sanctioned usage.
Even additions/alterations, if required at any stage, should be carried out only after prior formal approval of the authorities concerned.
Building Byelaws, though different in different states, would generally be based on the same broad principles.
To get a fare idea of the scope of byelaws, salient provisions of the Delhi Municipal Corporation Building Byelaws, 2005 are being discussed in brief.
1. Issue of Building Permit and Building Use Permit:
Clause 3 of Section B (procedure byelaws) deals with the construction, occupancy and usage of building.
As per the byelaws, construction can be started only after due approval of the designs and specifications vis-a-vis the intended usage, obtaining the building permit, inspection of the building after completion and issue of building use permit. The building cannot be occupied/used without the issue of building use permit.
Clause 6.4 requires the owner to reduce inconvenience and ensure safety during construction by measures, such as barricading the plot during period of construction. The owner is required to ensure no damage or undue inconvenience during construction.
2. Section ‘C’ deals with Building Performance Byelaws:
This clause deals with the boundary wall, Minimum Clearance Height in Buildings, Railings, staircases, signage and hoardings etc.
Lighting, Ventilation, Heating and Air Conditioning:
Adequate natural/artificial lighting, natural/mechanical ventilation, and heating and air conditioning, as published in the National Building Code of India, Part VIII-Building Services, Section I and Section III respectively, shall be provided in all parts of a building in a manner that the Architect on Record deems necessary.
Adequate water supply and storage facilities as published in the National Building Code of India, Part IX-Plumbing Services, Section I, shall be provided in the entire building in a manner that the Architect on Record deems necessary.
The use of ground water as a source of water supply shall conform to Regulations of the Central Ground Water Authority.
Sanitation and Drainage:
Adequate sanitation and drainage facilities as published in the National Building Code of India, Part IX – Plumbing Services, Section II, shall be provided in all buildings.
The manner in which it is intended to connect the drainage system of a building to a public sewer shall be subject to approval by the Corporation.
All buildings having a minimum sewage discharge of 1000 liters per day and above shall incorporate waste water recycling system.
Adequate electrical infrastructure as published in the National Building Code of India, Part VIII-Building Services, Section II, shall be provided in all buildings.
Lifts and Escalators:
Lift(s) shall be provided in all buildings having a habitable floor at a height above 13.5 m from the plinth level and conform to standards specified in the National Building Code of India, Part VIII-Building Services, Section V. Lifts and escalators shall also meet fire prevention and safety requirements, and accessibility requirements specified in Building Byelaw No.13.0 and 9.12.
All buildings shall provide adequate access to Persons with Disabilities. Provisions made to enable access for the disabled shall conform to the standards published by the office of the Chief Commissioner for Persons with Disabilities, Government of India, in a manner that the Architect on Record deems necessary.
3. Environmental Management:
Rain Water Disposal:
The roof (terrace) of a building and the remaining area of the plot shall be provided with an effective rain water drainage system so as to ensure that the rain water is not discharged into adjacent plots. Rain water shall not be discharged onto a street at a height more than 1.0 m from the level of the street.
Rain Water Harvesting:
Rain water harvesting is mandatory for all buildings on plots sized 100 sq m and above. The system of storm water drainage and storage in reservoirs and recharge should conform to specifications published by the Central Ground Water Authority.
Solid Waste Management:
All buildings shall provide facilities for solid waste management. Standards and specifications of facilities shall conform to the requirements of the Municipal Solid Wastes (Management and Handling) Rules, 2000, issued by the Ministry of Environment and Forests, as amended from time to time.
4. Pollution Control: Air, Water and Noise Pollution:
All buildings shall conform to provisions of Air Pollution Control Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 and shall maintain ambient air quality standards in respect of noise as prescribed in the Noise Pollution (Regulation and Control) Rules, 2000.
5. Structural Safety:
Structural and Seismic Safety:
The structural and seismic safety byelaws shall apply to all new buildings other than those listed in Schedule 22.
Additions and Alterations to Existing Buildings:
An alteration or addition to an existing building that is not structurally independent shall be designed and constructed such that the entire structure conforms to the structural and seismic safety requirements for new buildings.
6. Provisions for Fire Prevention and Safety:
Adequate fire prevention and safety provisions shall be provided in all parts of the building. Grant of Building Permit and Building Use Permit by the Commissioner shall be subject to approval of fire prevention and safety provisions to be provided/provided in the building, by the Delhi Fire Service.
Owner of the building will ensure that the fire prevention and safety provisions are maintained in a good working order. The building byelaws related to Fire Safety, as applicable in NCT of Delhi, are discussed.
7. Responsibility for Maintenance and Inspection of Buildings:
It shall be the responsibility of the owner of a building to ensure that the building is kept in good repair, such that its structural stability is not compromised, and is periodically inspected by the SEOR at intervals specified in the schedule.
8. Responsibility for Maintenance of Lifts and Escalators:
It shall be the responsibility of the owner of a building to ensure that the lifts and escalators in the building are kept in good repair, so that their use is safe.