Panchayat:Repo18/Law Manual Page0810


CHAPTER XIVA
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SPECIAL PROVISIONS FOR CERTAIN CONSTRUCTIONS

97A. Special provisions for addition etc over existing buildings.-(1) Notwithstanding anything contained in these rules but without prejudice to the provisions in the Act, alteration or addition/extension of the first floor or the second floor or both and/or conversion or erection of roof, shutter or door shall be permitted to buildings existing before the commencement of the Act subject to sub-rules (2) to (10) of this rule, even though the existing building and proposed floor(s) or work does not satisfy the provisions under rules 27, 28, 36, 37 and the provisions under Chapter Vi and Chapter VII:


Provided that alteration of existing building shall be permitted for the limited purpose of constructing staircase or ramp or flight of steps for use as access to the proposed, floors, if such alteration satisfies the provisions under Rule 28:

Provided further that the owner shall have no right to claim cost or compensation for both the existing building and the proposed floor(s) or any portion thereof if the same is required to be demolished in future for any road widening, or development under any scheme approved by Government or an authority under them:

Provided further that the owner shall be responsible for the structural stability and other safety of the building, both the existing and the proposed:

Provided also that the alteration or addition/extension or other works mentioned herein shall be permitted, even if the existing building has one basement floor.

(2) The proposed alteration or addition/extension shall satisfy the provisions regarding clearance from overhead electric lines specified under Table 1 of Rule 26 and if such clearance is not available, no objection certificate issued by the Chief Electrical Inspector or an Officer authorised by him shall be produced for issuing permit.

(3) The distance from the boundary of the plot abutting road to the proposed second floor over the existing building having ground floor and first shall be that of the first floor, if the said distance is less than that required under Rule 28.

(4) The distance from the boundary of the plot abutting road to the proposed first floor or first and second floors over the existing building having ground floor, shall be that of the ground floor, if the said distance is less than that required under Rule 28.

(5) In the case of residential or special residential or mercantile/commercial buildings alteration or addition/ extension of floor(s) or conversion of roof shall be permitted only if the existing building and the proposed floor(s) have average 60 centimetres open space from the boundaries of all the plots on its sides including rear:

Provided that if any portion, or side of the building abuts the plot boundary or have an open space less than that specified above, a consent document issued by the owner of the plot on the abutting portion/side shall be produced along with the application for permit:

Provided further that not more than two sides shall be permitted to abut the boundary even with such consent document.

(6) In the case of occupancies other than that mentioned under sub-rule (5), alteration or addition (extension) of floor (s) or conversion of roof shall be permitted only if the existing building and the proposed floor(s) have average 1.00 metre open space from all the plots on its sides including rear: