CHAPTER XII
Ed: 2020
Building Regulations
Notices regarding Erection of Buildings
337- Notice to be given to Commissioner of intention to erect a building. – (1) Every person who shall intend to erect a building shall give to the Commissioner notice of his said intention in a form, obtained for this purpose under section 344, specifying the position of the building intended to be erected, the description of building, the purpose for which it is intended, its dimensions and the name of the person whom he intends to employ to supervise its erection.
(2) In this Chapter”to erect a building” means-
(a) newly to erect a building, or
(b) to re-erect
(i) any building by demolishing the existing building entirely; or
(ii) any building by removing the roof of the existing ground floor structure and adding one or more upper floors; or
(c) * * *
(d) to convert into more than one dwelling-house a building originally constructed as one dwelling-house only;
and a dwelling so erected, re-erected or converted is called in this Chapter “a new building.
338. Commissioner may require plans and other documents to be furnished. – (1) At any time within thirty days after receipt of any notice under section 337, the Commissioner may, by written notice, require the person who has given the notice first therein before in this section mentioned, to furnish to the Commissioner all or any of the following documents, namely :-
(a) correct plans and sections of every floor of the building intended to be erected, which shall be drawn to a scale of not less than one inch to every eight feet and shall show the position, form, dimensions and means of ventilation of and of access to the several parts of such building and its appurtenances and the particular part or parts thereof which are, and those which are not, intended to be used for human habitation and in the case of a building intended to be used as a dwelling-house for two or more families or for carrying on any trade or business in which a number of people exceeding twenty may be employed are as a place of public resort, the means of ingress and egress. Such plans and sections shall also show the depth and nature of the foundations and the proposed dimensions of all the walls, posts, columns, beams, joints and all girders and scantlings to be used in the walls, staircases, floors, and roofs of such building;
(b) a specification of each description of work proposed to be executed and of the materials to be employed. Such specification shall include a description of the proposed method of drainage of the building intended to be erected and of the sanitary fittings to be used and also of the means of water supply and shall, if required by the Commissioner, be supplemented by detailed calculations showing the sufficiency of the strength of any part of such building;
(c) a block plan of such building which shall be drawn to the scale of the largest revenue survey map at the time being in existence for the locality in which the building is, or is to be situated and shall show the position and appurtenances of the properties, if any, immediately adjoining, the width and level of the street, if any, in front and of the street, if any, at the rear of such building, the levels of the foundations and lowest floor of such building and of any yard or ground belonging thereto and the means of access to such building;
(d) a plan showing the intended line of drainage of such building, and the intended size, depth and inclination of each drain, and the details of the arrangement proposed for the ventilation of the drains.
(2) At any time within the said period the Commissioner may also by written notice require the said person to open for inspection any portion or portions of the intended foundations or any portion or portions of the foundations or walls of the existing building.
339- Commissioner may require plans etc., submitted under last preceding section to be prepared by a licensed surveyor. – The Commissioner may decline to accept any plan, section or description as sufficient for the purposes of the last preceding section, which does not bear the signature of a licensed surveyor in token of its having been prepared by such surveyor or under his supervision.
340. Additional information and the attendance of the person who gave the notice may be required. – If the notice given under section 337 and the documents, if any, furnished under section 338 do not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case, the Commissioner, may, at any time within thirty days after receipt of the said documents, by written notice, require the production of such further particulars and details as he deems necessary.
341- Effect of non-compliance with requisition under section 338 or 340. – If any requisition made under section 338 or 340 is not complied with, the notice given under section 337 shall be deemed not to have been given.
Notices regarding execution of works not amounting to the erection of a building
342- Notice to be given to the Commissioner of intention to make additions, etc., to or change of user of, a building. – Every person who shall intend-
(a) to make any addition to a building, or change of existing user or
(b) to make any alteration or repairs to a building involving the removal, alteration or re-erection of any part of the building except tenantable repairs:
Provided that no lowering of plinth, foundation or floor in a building shall be permitted.
Explanation – “Tenantable repairs” in this section shall mean, only,-
(i) providing guniting to the structural members or walls;
(ii) plastering, painting, pointing;
(iii) changing floor tiles;
(iv) repairing W. C., bath or washing places;
(v) repairing or replacing drainage pipes, taps, manholes and other fittings;
(vi) repairing or replacing sanitary water plumbing, or electrical fittings; and
(vii) replacement of roof with the same material, but shall not include,-
(a) change in horizontal and vertical existing dimensions of the structure;
(b) replacement or removal of any structural members of load bearing walls;
(c) lowering of plinth, foundations or floors;
(d) addition or extension of mezzanine floor or loft; and
(e) flattening of roof or repairing roof with different material;
(c) * * *
(cc) to make any alteration in a building involving-
(i) the sub-division of any room in such building so as to convert the same into two or more separate rooms,
(ii) the conversion of any passage or space in such building into a room or rooms, or
(d) to remove or reconstruct any portion of a building abutting on a street which stands within the regular line of such street,
shall give to the Commissioner, in a form obtained for this purpose under section 344, notice of his said intention, specifying the position of the building in which such work is to be executed, * the nature and extent of the intended work, the particular part or parts, if any, of such work which is or are intended to be used for human habitation and the name of the person whom he intends to employ to supervise its execution.
343. Plans and additional information may be called for. – (1) If any notice given under the last preceding section does not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case, he may, at any time within thirty days after receipt of the said notice, by written notice, require the person who gave the notice first hereinbefore in this section mentioned, to furnish plans and sections of the building and of the intended new work or of any specified portion of the intended new work, and the provisions of sections 338, 339, 340 and 341 shall apply to the intended new work so far as the Commissioner may consider them to be applicable.
(2) The Commissioner may also, at any time within the said period by written notice require the said person to open for inspection any portion or portions of the foundations or walls of the existing building.
Forms of notices
344. Printed forms of notices to be supplied to the public. – (1) The Commissioner shall cause printed forms of notices for the purposes of section 337 or 342 be delivered to any person requiring the same, on payment of such fee * * * for each form as shall from time to time be prescribed in this behalf by the Commissioner, with the approval of the Standing Committee.
(2) There shall be printed on the reverse of every such notice, or on a separate paper supplied without extra charge therewith, a copy of sections 337, 338, 339, 340, 341, 342, 343, 344A, 345, 346, 347, 348, 349, 349A, 3496, 349C and 349D and of all by-laws made under clauses (c), (d) and (e) of section 461 at the time in force.
Commencement of work
344A. Supervision of buildings and works. – (1) Every person who intends to erect a building, or execute any such work as is described in section 342, shall employ a person who shall be competent to the satisfaction of the Commissioner, to supervise the erection of such building or the execution of such work.
(2) The Commissioner may in each case require that the person to be so employed shall be a licensed surveyor; and the Commissioner shall, within seven days from the receipt of the notice of intention under section 337 or 342, as the case may be-
(a) approve the person named therein to supervise the building or work, or
(b) return the said notice for amendment if the person so named
(i) is not a licensed surveyor, and
(ii) is not in the opinion of the Commissioner, a fit and proper person to supervise such building or work.
(3) A notice of intention returned for amendment under sub-section (2) shall be deemed not to have been given until it has been re-submitted duly amended.
(4) Where the person so employed dies or ceases to be so employed before such building or work is completed, the further erection of such building, or the further execution of such work, shall forthwith be suspended until-
(a) a licensed surveyor whose name shall be forthwith reported to the Commissioner, or
(b) another person approved by the Commissioner has been employed.
345. When building or work may be proceeded with. – If within thirty days after receipt of any notice under section 337 or 342, or of the plan, section, description or further information, if any, called for under section 338, 340 or 343, as the case may be, the Commissioner fails to intimate in writing, to the person who has given the said notice, his disapproval of the building which the said person proposes to erect, or of the work which he proposes to execute;
or if, within the said period, the Commissioner signifies in writing to the said person his approval of the said building or work;
the said person may, at any time within one year from the date of the delivery of the notice to the Commissioner, proceed with the said building or work in accordance with his intention as described in the notice or in any of the documents aforesaid, but not so as to contravene any of the provisions of this Act or any by-law made under this Act at the time in force.
346. Building or work which is disapproved by the Commissioner may be proceeded with, subject to terms. – (1) If the Commissioner disapproves of any building or work of which notice has been given as aforesaid or of any portion or detail thereof, by reason that the same will contravene some provision of this Act or some by-law made hereunder at the time in force or will be unsafe, he may, at any time within thirty days of the receipt of the notice or of the plan, section, description or further information, if any, called for under section 338, 340 or 343, as the case may be, by a written notice intimate to the person who gave the notice first hereinbefore in this section mentioned his said disapproval and the reason for the same, and prescribed terms subject to which the building or work may be deemed to be approved by him.
(2) The person who gave the notice concerning any such building or work may proceed with the same, subject to the terms prescribed as aforesaid but not otherwise, at any time within one year from the date of receipt by him under sub-section (1) of the written notice in this behalf, but not so as to contravene any of the provisions of this Act or any by-law made hereunder at the time in force.
347- When work may be commenced. – (1) No person shall commence to erect any building or to execute any such work as is described in section 342-
(a) until he has given notice of his intention as hereinbefore required to erect such building or execute such work and the Commissioner has either intimated his approval of such building or work or failed to intimate his disapproval thereof within the period prescribed in this behalf in section 345 or 346;
(aa) until he has given notice to the municipal city engineer of the proposed date of commencement. Where the commencement does not take place within seven clear days of the date so notified, the notice shall be deemed not to have been given;
(b) after the expiry of the period of one year prescribed in sections 345 and 346, respectively, for proceeding with the same.
(2) If a person, who is entitled under section 345 or 346 to proceed with any building or work, fails so to do within the period of one year prescribed in the said sections, respectively, for proceeding with the same, he may at any subsequent time give a fresh notice of his intention to erect such building or execute such work, and thereupon the provisions hereinbefore contained shall apply as if such fresh notice were a first notice of such person’s intention.
347A- Building not to be converted to other purposes without the permission of the Commissioner. – No person shall, without the written permission of the Commissioner,-
(a) use or permit to be used for human habitation any part of a building not originally constructed or authorised to be used for that purpose, or
(b) convert into, or use, or permit to be used, as a chawl or building intended to form a range for separate rooms or lodgers, a building not originally designed or authorised to be so used.
347B. Building for human habitation not to be used as godown, etc. – No person shall without the written permission of the Commissioner or otherwise than in conformity with the terms of such permission use or permit to be used any building or any part of a building originally constructed or authorised to be used for human habitation as godown. warehouse, workshop, work place, factory, stable or a motor garage.
347C. No alterations to be made in buildings for human habitation without written permission of Commissioner. – No person shall without the written permission of the Commissioner or otherwise than in conformity with the terms of such permission make any alteration or cause any alteration to be made in an existing building originally constructed or authorised to be used for human habitation for the purpose of using it or causing it to be used as a godown, warehouse, workshop, work place, factory, stable or motor garage.
Provisions as to structure, materials, etc.
348. Provisions as to buildings which are to be newly erected. – (1) With respect to buildings which are to be newly erected * * * the following provisions shall have effect, namely : –
(a) The erection of any such building on either side of a new street may be disapproved by the Commissioner, unless and until such new street has been levelled, metalled or paved, sewered and drained to the satisfaction of the Commissioner.
(b) The erection of any such building in any part of Brihan Mumbai in which the position and direction of the streets likely to be required in the future have not yet been laid down or determined shall, with the assent of the Standing Committee be disapproved by the Commissioner, unless the site proposed for such building is, in the opinion of the Commissioner, such as, with reference to the positions occupied by the buildings, if any, already existing in the neighbourhood, will admit of the construction in the future of one or more new streets convenient for the occupiers of all the buildings in the neighbourhood and for the purposes of drainage, water supply and ventilation:
Provided that any person whose building is so disapproved may, by written notice to the Commissioner, require that the position and direction of the future streets in the vicinity of his intended building be forthwith laid down and determined, and if such requisition be not complied within six months from the date thereof may, subject to all other provisions of this Act applicable thereto, proceed with the erection of his building.
(c) The foundation of any such building shall not be constructed on any site which has been filled up with, or has been used as a place for depositing, excrementitious matter or the carcasses of dead animals or other filthy or offensive matter, until such matter shall have been properly removed to the satisfaction of the Commissioner.
(d) Every such building intended to be used as a dwelling shall be built with a plinth at least two feet above the centre of the nearest street and not below such standard level as may be fixed by the Commissioner in this behalf.
(e) In addition to any means of ventilation required by any by-law made under this Act at the time in force, every such building intended to be used as a dwelling shall be so constructed that the whole of at least one side of every room thereof shall either be an external wall or about on an interior open space. Such external wall, except where it faces a street of not less than fifteen feet in width, shall have between it and the boundary line of the owner’s premises an open space, extending throughout the entire length of such wall, at least two feet wide or, in the case of a chawl or building intended to form a range of separate rooms for lodgers, at least five feet wide. Such interior open space shall have an area equal to not less than one-tenth of the aggregate floor area of all the rooms abuting thereon and shall not be in any direction less than six feet across. And every open space, whether exterior or interior, required by this clause, shall be and be kept free from any erection thereon and open to the sky, and shall be and be kept open to access from each end thereof.
(f) Every room intended to be inhabited in any such building, except a room in the roof thereof, shall be in every part at least ten feet in height from the floor to the ceiling.
(g) Every such room in the roof of any such building shall have an average height of at least eight feet from the floor to the ceiling and a minimum height of not less than four feet.
(h) Every such room shall have a clear superficial area of not less than one hundred square feet.
(j) In addition to any means of ventilation required by any by-law made under this Act at the time in force, every such room shall be ventilated by means of doors or windows which open directly into the external air and have an aggregate opening equal to not less than one-fourth of the superficial area of the side of the room which ‘aces an open space.
(k) Huts or sheds, or ranges or blocks of huts or sheds, whether the same are to be used as dwellings or stables or for any other purpose shall be built, if the Commissioner thinks fit so to require,-
(i) so that they may stand in regular lines, with a free passage or way in front of and between every two fines of such width as the Commissioner thinks proper for ventilation and for facilitating scavenging, and
(ii) with such and so many privies, latrines or urinals and such means of drainage as the Commissioner deems necessary; and
(iii) at such a level as will suffice for the means of drainage required by the Commissioner.
(2) Nothing in clause (a) shall be deemed to affect the power of the Central Government to determine, under section 38 of the Bombay Port Trust Act, 1879, any dispute which arises between the Trustees of the Port of Bombay and the Commissioner as to whether any road within the limits of the property of the said trustees has been duly levelled, metalled or paved, sewered and drained.
349- Roofs and external walls of buildings not to be of inflammable materials. – (1) No external wall and no covering of a roof built or renewed since the Bombay Municipal Act, 1872,. tame into force shall, except with the written permission of the Commissioner, consist of wood, cloth, canvas, grass, leaves, mats or any other inflammable material.
(2) If any external wall or covering of a roof is or has been, since the said Act came into force, constructed of any such material, the Commissioner may, by written notice, require the owner or occupier of the building to which such wail or roof appertains to remove such wall or covering.
(3) In relation to buildings in the suburbs or, as the case may be, the extended suburbs the provisions of this section shall apply as if for the reference in sub-sections (1) and (2) to the Bombay Municipal Act, 1872, reference had been made to the Bombay Municipal (Extension of Limits) Act, 1950 or, as the case may be, the Bombay Municipal Further Extension of Limits and Schedule BBA (Amendment) Act, 1956:
Provided that nothing in sub-section (2) shall prevent the Commissioner from requiring the removal of any external wall or covering if it was built or renewed or retained in contravention of any law in force in the suburbs immediately before the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 or, as the case may be, in force in the extended suburbs immediately before the coming into force of the Bombay Municipal Further extension of Limits and Schedule BBA (Amendment) Act, 1956.
349A- Maximum height of buildings. – (1) Except with the written permission of the Commissioner, no building shall be erected or raised to a greater height than seventy feet as measured from the level of the centre of the street in front-
(a) in the case of a pitched roof, up to the tie-beam of the roof, and
(b) in the case of a flat roof up to the surface of the roof.
(2) In the case of a pitched roof, the roof above that height shall rise at an angle of not more than forty-five degrees.
(3) In the case of a flat roof, a parapet of not more than three feet in height may be constructed above the maximum height specified in sub-section (1).
349B. Height of buildings with reference to width of streets. – Subject to the maximum prescribed by section 349A, the height to which a building may be erected or raised shall be regulated by the width of the street on which its abuts, in accordance with the following rules, namely :-
(1) if the width of the street does not exceed twenty-six feet, the building shall not be erected or raised to a height greater than one and one-half times the width of the street;
(2) if the width of the street exceeds twenty-six feet but does not exceed forty feet, the building shall not be erected or raised to a height greater than forty feet; and
(3) if the width of the street exceeds forty feet, the building shall not be erected or raised to a height greater than the width of such street;
(4) where the building abuts upon more than one street, its height shall be regulated by the wider of such streets so far as it abuts upon such wider street and also, to a distance of eighty feet from such wider street, so far as it abuts upon the narrower of such streets:
Provision case of set-back.
Provided that, if the face of the building is set-back from the street at any height not exceeding the heights specified in sub-section (1), sub-section (2), or sub-section (3) as the case may be, such building may be erected or raised to a height greater than that so specified but not so that any portion of the building shall intersect any of a series of imaginary straight lines drawn from the line of set-back, in the direction of the portion set-back, at an angle of forty-five degrees with the horizontal.
349C- Frame-buildings. – After the commencement of this Act no building the external walls of which are of timber-framed construction shall be erected or re-erected so as to consist of more than one ground floor and one upper storey:
Provided that the Commissioner may by special order grant permission for the erection of such a building of more than two storeys or for the construction of one or more additional storeys if satisfied that such building will be or is of thoroughly sound material and construction and can safely support the same.
349D. Provision of sufficient means of egress. – Where the Commissioner is of opinion that the means of egress from any building are insufficient to allow of safe exit in the event of fire, he may, with the approval of the Standing Committee, by written notice require the owner or occupier of the building to alter or reconstruct any existing staircase in such manner or to provide such additional or emergency staircases, as he may prescribe.
349E. Special conditions with respect to erection or re-erection of buildings, maximum heights of buildings, etc., in suburbs and extended suburbs. – (1) Notwithstanding anything contained in sections 348 to 349D (both inclusive) the corporation may by bye-laws prescribe special conditions with respect to erection or re-erection of buildings, the maximum heights of buildings, roofs and external walls of buildings, set-backs of buildings, and other matters relating to buildings in the suburbs or in the extended suburbs or in any part thereof.
(2) Until such bye-laws are made or until the expiration of two years from the date of the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950, or, as the case may be, from the date of the coming into force of the Bombay Municipal Further Extension of Limits and Schedule BBA (Amendment) Act, 1956, whichever respectively is earlier the conditions provided by or under the Bombay Land Revenue Code, 1879, or rules made thereunder or by bye-laws or rules made by any local authority abolished by the provisions of the Bombay Municipal (Extension of Limits) Act, 1950, or by the provisions of the Bombay Municipal Further Extension of Limits and Schedule BBA (Amendment) Act, 1956 shall continue to be applicable to the erection or re-erection of buildings, the maximum heights of buildings, roofs and external walls of buildings, set-back of buildings and other matters relating to buildings in the suburbs or in the extended suburbs or in any part thereof, as the case may be:
Provided that, in the case of any land in the suburbs or in the extended suburbs there are no provisions in force of the Bombay Land Revenue Code, 1879, or rules made thereunder or of the bye-laws or rules of any local authority, the Commissioner or any officer authorised by him in this behalf may impose such conditions as he thinks fit until the bye-laws aforesaid are made.
Inspection
350. Inspection of buildings in course of erection, alteration, etc. – The Commissioner may at any time during the erection of a building or the execution of any such work as is described in section 342 make an inspection thereof, without giving previous notice of his intention so to do.
351. Proceedings to be taken in respect of buildings or work commenced contrary to section 347. – (1) The Commissioner shall, by notification in the Official Gazette, designate an officer of the Corporation to be the Designated Officer for the purposes of this section and of sections 352, 352A and 354A. The Designated Officer shall have jurisdiction over such local area as may be specified in the notification and different officers may be designated for different local areas.
(1A) If the erection of any building or the execution of any such work as is described in section 342, is commenced contrary to the provisions of section 342 or 347, the Designated Officer, unless he deems it necessary to take proceedings in respect of such building or work under section 354, shall-
(a) by written notice, require the person who is erecting such building or executing such work, or has erected such building or executed such work, or who is the owner for the time being of such building or work, within seven days from the date of service of such notice, by a statement in writing subscribed by him or by an agent duly authorized by him in that behalf and addressed to the Designated Officer, to show sufficient cause why such building or work shall not be removed, altered or pulled down; or
(b) shall require the said person on such day and at such time and place as shall be specified in such notice to attend personally, or by an agent duly authorized by him in that behalf, and show sufficient cause why such building or work shall not be removed, altered or pulled down.
Explanation. – “To show sufficient cause” in this sub-section shall mean to prove that the work mentioned in the said notice is carried out in accordance with the provisions of section 337 or 342 and section 347 of the Act.
(2) If such person shall fail to show sufficient cause, to the satisfaction of the Designated Officer, why such building or work shall not be removed, altered or pulled down, the Designated Officer * * * * * may remove, alter or pull down the building or work and the expenses thereof shall be paid by the said person. In case of removal or pulling down of the building or the work by the Designated Officer, the debris of such building or work together with other building material, if any, at the sight of the construction, belonging to such person, shall be seized and disposed of in the prescribed manner and after deducting from the receipts of such sale or disposal, the expenditure incurred for removal and sale of such debris and material, the surplus of the receipts shall be returned by the Designated Officer, to the person concerned.
(3) No court shall stay the proceeding of any public notice including notice for eviction, demolition or removal from any land or property belonging to the State Government or the Corporation or any other local authority or any land which is required for any public project or civil amenities, without first giving the Commissioner a reasonable opportunity of representing in the matter.
352. Buildings or works commenced contrary to section 347 may be cut into and laid open for purposes of inspection. – (1) If there shall be reasonable ground for suspecting that in the erection of any such building or in the execution of any such work as is referred to in the last preceding section anything has been done contrary to any provision of this Act or of any bye-law made under this Act at the time in force, or that anything required by any such provision or bye-law to be done has been omitted to be done;
and if, on inspecting such building or work, it is found that the same has been completed or is too far advanced to permit of any such fact being ascertained,
the Designated Officer may, with the approval of the Standing Committee, by written notice, require the person who has erected such building or executed such work or is erecting such building or executing such work to cause so much of the building or work as prevents any such fact being ascertained to be cut into, laid open or pulled down to a sufficient extent to permit of the same being ascertained.
(2) If it shall thereupon be found that in the erection of such building or the erection of such work nothing has been done contrary to any provision of this Act or any bye-law made under this Act at the time in force, and that nothing required by any such provision or bye-law to be clone has been omitted to be done, compensation shall be paid by the Designated Officer to the person aforesaid for the damage and loss incurred by cutting into, laying open or pulling down the building or work.
352A- Conferment temporarily of summary powers for demolition on the Designated Officer. – (1) If the erection of any building, or the execution of any such work as is described in section 342, is commenced contrary to the provisions of section 347, and the Designated Officer is of the opinion that immediate action should be taken, then the provisions of section 351 and section 352 shall apply with the modification that in sub-section (1) of section 352, the words with the approval of the Standing Committee,” shall be deleted.
(2) Notwithstanding anything contained in this Act, any notice to be given by the Designated Officer under section 351 or section 352 shall not be of less duration than 24 hours, and shall be deemed to be duly served if it is affixed in some conspicuous part of the building to which the notice relates and published by proclamation on or near such building accompanied with beat of drum and upon such affixation and publication all persons concerned shall be deemed to have been duly informed of the matters stated therein.
(3) Where the Designated Officer has resorted to the provisions hereinbefore mentioned, the State Government, or a Secretary to Government authorised by the State Government in this behalf, may, suo motu, or on application made, within a period of fifteen days, call for and examine the record of any case in which the Designated Officer has taken such action, for the purpose of satisfying itself or himself as to the legality or propriety of such action and may, after giving to the persons concerned a reasonable opportunity of being heard, pass such orders thereon as it or he, as the case may be, deems just, including any order for compensation, which shall be paid by the Corporation to any person for any wrongful damage or loss incurred by such action.
(4) * * * *
353- Enforcement of provisions concerning buildings and works. – The Commissioner may, at any time during the erection of a building or the execution of any such work as aforesaid, or at any time within three months after the completion thereof, by written notice, specify any matter in respect of which the erection of such building or the execution of such work may be in contravention of any provision of this Act or of any bye-law made under this Act at the time in force, and require the person erecting or executing or who has erected or executed such building or work, or, if the person who has erected or executed such building or work is not at the time of the notice the owner thereof, then the owner of such building or work, to cause anything done contrary to any such provision or bye-law to be amended or to do anything which by any such provision or bye-law may be required to be done but which has been omitted to be done.
353A- Completion certificates : Permission to occupy or use. – (1) Every person who employs a licensed surveyor or person approved by the Commissioner to erect a building or execute any such work as is described in section 342 shall, within one month after the completion of the erection of such building or the execution of such work, deliver or send or cause to be delivered or sent to the Commissioner at his office, notice in writing of such completion, accompanied by a certificate in the form of Schedule T signed by the person employed under section 344A, who is hereby required immediately upon completion of the work and upon demand by the person employing him to sign and give such certificate to such person, and shall give to the Commissioner all necessary facilities for the inspection of such building or of such work:
Provided that-
(a) such inspection shall be commenced within seven days from the date of receipt of the notice of completion, and
(b) the Commissioner may, within seven days from the date of commencement of such inspection, by written intimation addressed to the person from whom the notice of completion was received, and delivered at his address as stated in such notice, or, in the absence of such address, affixed to a conspicuous part of the building to which such notice relates
(i) give permission for the occupation of such building or for the use of the building or part thereof affected by such work, or
(ii) refuse such permission in case such building has been erected or such work executed so as to contravene any provision of this Act or of the bye-laws.
(1A) Notwithstanding anything contained in sub-section (1), a co-operative housing society or a federation of co-operative housing societies registered under the Maharashtra Co-operative Societies Act, 1960 or any condominium or a company incorporated under the Companies Act, 1956 with limited liability or an association of persons any ad hoc body formed by the occupants of the building constructed before the 25th March, 1991 and occupied without obtaining the permission to occupy the building from the Commissioner under section 353A, shall employ a licenced surveyor or person approved by the Commissioner to erect a building or to execute any such work as is described in section 342, who shall after inspecting the said premises deliver or send or cause to be delivered or send to the Commissioner at his office, notice in writing of such completion accompanied by certificate in Form “T”. The certificate given by the licenced surveyor or person approved by the Commissioner to erect a building or execute any such work as is described in section 342, under this sub-section shall, for all purposes, be deemed to be the certificate given under sub-section (1).
(2) No person shall occupy or permit to be occupied any such building, or use or permit to be used the building or part thereof affected by any such work, until –
(a) the permission referred to in proviso (b) to sub-section (1) has been received, or
(b) the Commissioner has failed for twenty-one days after receipt of the notice of completion to intimate as aforesaid his refusal of the said permission.
353B- Structures Stability Certificate. – (1) Every owner or occupier of a building in respect of which a period of thirty years, from the date of –
(i) issue of its completion certificate by the Corporation; or
(ii) issue of permission of occupy a building under section 353A; or
(iii) its physical occupation of at least 50 per cent of its built-up area,
whichever is earlier, has expired, shall cause such building to be examined by a Structural Engineer registered with the Corporation for the purposes of certifying that the building is fit for human habitation (such certificate hereinafter referred to as “the Structural Stability Certificate”). The Structural Stability Certificate issued by such Structural Engineer shall be submitted to the Commissioner.
(2) The Structural Stability Certificate shall be submitted within one year from the expiry of a period of thirty years referred to in sub-section (1), and every ten years thereafter or such earlier period as the Commissioner may determine having regard to the condition of the building and the corrective repairs carried out by the owner or occupier.
(3) Notwithstanding anything contained in sub-section (1), the Commissioner may, at any time, after having recorded the reasons, in writing, direct the owner or occupier of a building, to cause such building to be examined by such Structural Engineer and to submit to the Commissioner, the Structural Stability Certificate, as required under sub-section (1), within the period not exceeding thirty days as specified by the Commissioner, in such direction.
(4) If the Structural Engineer recommends any corrective repairs for securing the structural stability of the building, such corrective repairs shall be carried out by the owner or occupier of a building to the satisfaction of the Commissioner.
(5) Any owner or occupier, as the case may be, who fails to carry out corrective repairs for securing structural stability, within a period of six months from the date of report of the Structural Engineer, shall be punished with the fine as provided in section 471.
(6) Notwithstanding anything contained in sub-section (5), the Commissioner may, after giving the owner or occupier, a notice in writing, require him to carry out, within the period specified in the notice, corrective repairs for securing structural stability of a building. If the owner or occupier fails to carry out such corrective repairs within the period specified in the notice, the Commissioner may carry out the same and the expenses incurred by the Commissioner on such repairs shall, on demand if not paid within thirty days, be recovered from the owner or occupier as arrears of property tax.
(7) If there is any dispute about the amount of expenses for which demand is made under sub-section (6), an appeal may be preferred to the Chief Judge of the Small Causes Court, but no such appeal shall be entertained by the said Chief Judge, unless –
(i) it is preferred within twenty-one days from the date of receipt of notice of such demand;
(ii) the amount for which demand is made is deposited. with the Corporation and a true copy of the receipt showing that the amount has been so deposited accompanies the appeal.
(8) In case the appeal is decided in favour of the appellant and the amount of expenses deposited with the Corporation is more than the amount payable by the appellant, the Commissioner shall adjust the excess amount with interest at 6.25 per cent per annum from the date on which the amount is so deposited by the appellant, towards the property tax payable by the owner in respect of such building thereafter.
Dangerous Structures
354- Removal of structures, etc., which are in ruins or likely to fall. – (1) If it shall at any time appear to the Commissioner that any structure (including under this expression any building, wall or other structure and anything affixed to or projecting from, any building, wall or other structure) is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such structure or any other structure or place in the neighbourhood thereof, the Commissioner may, by written notice, require the owner or occupier of such structure to pull down, secure or repair such structure, subject to the provisions of section 342 and to prevent all cause of danger therefrom.
(2) The Commissioner may also if he thinks fit, require the said owner or occupier, by the said notice, either forthwith or before proceeding to pull down, secure or repair the said structure, to set up a proper and sufficient hoard or fence for the protection of passers by and other persons, with a convenient platform and handrail, if there be room enough for the same and the Commissioner shall think the same desirable, to serve as a footway for passengers outside of such hoard or fence.
Works unlawfully carried on
354A- Power of Designated Officer to stop erection of building or work commenced or carried on unlawfully. – (1) If the Designated Officer is satisfied that the erection of any building or the execution of any such work as is described in section 342 has been unlawfully commenced or is being unlawfully carried on upon any premises, the Designated Officer may, by written notice, require the person erecting such building or executing such work to stop such erection or work forthwith.
(2) If the erection of the building or execution of the work is not stopped as required by the Designated Officer, or permission approved by the competent authority in favour of the erection of the building or execution of the work is not produced within twenty-four hours from the service of notice referred to in sub-section (1), the Designated Officer may, without further notice, remove or pull down the building or work and the expenses thereof shall be paid by the said person or owner of the building or work. The Designated Officer may also direct that any person directing or carrying out such erection or work shall be removed by any police officer from the place where the building, is being erected or the work is being executed.
(3) In addition to the action that the Designated Officer may take under sub-section (2), he may, without further notice, cause to be removed any materials, machinery, equipment, devices or articles used in the process of erection of the building or execution of such work.
(4) If the expenses incurred by the Designated Officer under sub-section (2) and (3) are not paid within one month from the date of demand, such sum as remains unpaid shall be treated, as arrears of property tax and the procedure prescribed under this Act for recovery of arrears of property tax shall, mutatis mutandis, apply to the recovery of such unpaid sum.
Regulation of certain classes of buildings in particular localities
354AA- Power to regulate future construction of certain classes of buildings in particular streets or localities. – (1) The Commissioner may give public notice of his intention to declare, subject to any valid objection that may be preferred within a period of three months-
(a) that in any streets or portions of streets specified in such notice the elevation and construction of the frontage of all buildings or any classes of buildings thereafter erected or re-erected shall in respect of their architectural features be such as the Corporation may consider suitable to the locality;
(b) that in any localities specified in the notice there shall be allowed the construction of only detached or semi-detached buildings or both and that the land appurtenant to each such building shall be of an area not less than that specified in such notice;
(c) that the minimum of building plots in particular localities shall be of a specified area;
(d) that in any localities specified in the notice the construction of more than a specified number of buildings on each acre of land shall not be allowed; or
(e) that in any streets, portions of streets or localities specified in such notice the construction of shops, warehouses, factories, huts or buildings designed for particular uses shall not be allowed without the special permission of the Commissioner granted in accordance with general regulation framed by the Standing Committee in this behalf and subject to the terms of such permission only.
(2) The Standing Committee shall consider all objections received within a period of three months from the publication of such notice, and shall then submit the notice with a statement of objections received and of its opinion thereon to the Corporation.
(3) No objection received after the said period of three months shall be considered.
(4) Within a period of two months after the receipt of the same the Corporation shall submit all the documents referred to in sub-section (2) with a statement of its opinion thereon to the State Government.
(5) The State Government may pass such orders with respect to such declaration as it may think fit:
Provided that such declaration shall not thereby be made applicable to any street, portion of a street or locality not specified in the notice issued under sub-section (1).
(6) The declaration as confirmed or modified by the State Government shall be published in the Official Gazette and shall take effect from the date of such publication.
(7) No person shall erect or re-erect any building in contravention of any such declaration.
(8) Notwithstanding anything contained in this Act, after a public notice has been given under sub-section (1), in regard to any street or a part of a street or a locality, no person shall erect or re-erect a building abutting on such street or such part of the street or within the limits of such locality without the previous permission of the Commissioner.
354AB. Responsibility of owner or occupier to keep and maintain exterior of building in good condition – (1) It shall be the responsibility of every owner or occupier of a building to ensure that the exterior of the building is kept and maintained in good condition and, is not in a state of disrepair or spoiled on account of cracks, stains, shabby enclosures, hanging wires or cables or keeping of unwholesome articles which spoil the appearance of a building or part thereof:
Provided that, nothing in this section shall apply to the area declared as slum area under sub-section (1) of section 4 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 and the buildings in respect of which the re-development plan is sanctioned by the Competent Authority or is under consideration of the Competent Authority.
(2) If, on inspection of such building or a part thereof, the Commissioner is of the opinion that the exterior of any building or a part thereof is not kept and maintained in good condition and is spoiled on account of any of the factors mentioned in sub-section (1), the Commissioner may, by notice in writing, require the owner or occupier thereof to carry out necessary work as may be specified in such notice so as to keep and maintain the exterior of a building in good condition; and the owner, or as the case may be, the occupier shall comply with such notice.
(3) The owner or occupier of the building shall carry out the work mentioned in the notice issued by the Commissioner under sub-section (2), within thirty days from the date of receipt of the notice or such longer period as the Commissioner may, having regard to the nature and the extent of work to be carried out, specify.
(4) Where the owner or, as the case may be, the occupier fails to comply with the notice under sub-section (2), the Commissioner may cause the work mentioned in such notice to be executed and the owner or, as the case may be, the occupier shall be liable to pay the expenses incurred by the Commissioner in that behalf within thirty days from the date of the receipt of a demand notice, and if such owner or occupier fails to pay the same, there shall be levied an interest at the rate of two per cent. for each month or part thereof, on the amount of expenses incurred by the Commissioner, till the entire amount of such expenses is paid.
(5) Save as otherwise provided in this section, the amount of such expenses together with interest, if any, shall be recoverable as if the amount thereof was due as a property tax.
(6) If there is any dispute about the amount of expenses for which demand is made under sub-section (4), an appeal may be preferred to the Chief Judge of the Small Causes Court, but no such appeal shall be entertained by the said Chief Judge unless,-
(i) it is preferred within twenty-one days from the date of receipt of notice of such demand;
(ii) the amount for which demand is made is deposited with the Corporation and a true copy of the receipt showing that the amount has been so deposited accompanies the appeal.
(7) In case the appeal is decided in favour of the appellant and the amount of expenses deposited with the Corporation is more than the amount payable by the appellant, the Commissioner shall adjust the excess amount with interest at 6.25 per cent. per annum from the date on which the amount is so deposited by the appellant, towards the property tax payable by the owner in respect of such building thereafter.
354AC. Power of Commissioner to make declaration of aesthetic harmony. – (1) The Commissioner, after obtaining approval of the State Government, may, by notification in the Official Gazette, and by advertisement in not less than two local news papers, declare that with a view to creating aesthetic harmony, maintaining architectural character and beautifying and improving the aesthetic appearance of a particular urban space, the external appearance of any building or buildings including any fixtures thereon and a boundary wall, if any, either existing on the date of publication of declaration or proposed to be constructed and completed thereafter and located on any street in any locality or part thereof in the municipal area specified in such declaration, be kept and maintained in such manner and within such time as may be indicated in such declaration.
(2) Before publication of the notification under sub-section (1), the Commissioner shall cause to be given a notice by advertisement in the Official Gazette and in not less than two local news papers announcing his intention to issue such declaration, and inviting all persons who entertain any objection or who desire to make any suggestions to the said proposal to submit the same in writing, with the reasons therefor, to the Commissioner within one month from the date of the publication of such notice in the Official Gazette. After expiry of the said period of one month, the Commissioner shall consider the objections and suggestions within one month.
(3) Where the owner fails to comply with the requirements under the declaration under sub-section (1), within the period specified, the Commissioner may take or cause to be taken such steps to carry out the work required to be executed under the declaration; and the expenses incurred by the Corporation in respect thereof shall be recovered from the owner as if the amount thereof were arrears of property tax due by the said owner and shall be payable by the owner on demand.
(4) If there is any dispute about the amount of expenses for which demand is made under sub-section (3), an appeal may be preferred by the owner to the Chief Judge of the Small Causes Court, but no such appeal shall be entertained by the said Chief Judge unless,-
(i) it is preferred within twenty-one days from the date of receipt of notice of such demand;
(ii) the amount for which demand is made is deposited with the Corporation and a true copy of the receipt showing that the amount has been so deposited accompanies the appeal,
(5) In case the appeal is decided in favour of the appellant and the amount of expenses deposited with the Corporation is more than the amount payable by the appellant, the Commissioner shall adjust the excess amount with interest at 6.25 per cent. per annum from the date on which the amount is so deposited by the appellant, towards the property tax payable by the owner in respect of such building thereafter.
354AAA- Empowerment of Slum Rehabilitation Authority for implementation of Slum Rehabilitation Scheme. – Notwithstanding anything contained in any other provisions of this Act, the State Government may, by notification in the Official Gazette direct that the powers of the Commissioner under this Chapter and the powers of the Corporation and the Committees of the Corporation under this Act, if any, relating to building regulations and matters ancillary or consequential thereto, shall be exercised by the Slum Rehabilitation Authority appointed under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, for the slum rehabilitation area declared under that Act.
