178. Notice of intention to erect building or make well.
(1)Before beginning, within the limits [municipal area] [Substituted by U.P. Act No. 12 of 1994.], -(a)to erect a new building or new part of a building, or(b)to re-erect, or make a material alteration in a buildings, or(c)to make or enlarge a well;a person shall give notice of his intention to the [Municipality] [Substituted by U.P. Act No. 12 of 1994.].(2)The notice referred to in sub-section (1) as required in the case of a building shall only be necessary where the building, abuts on, or is adjacent to, a public street or place, or property vested in Government, or in the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], unless, by a bye-law applicable to the area in which the building is situated, the necessity of giving notice is extended to all buildings.(3)An alteration in a building shall, for the purposes of this chapter and of any bye-law, be deemed to be material, if, -(a)it affects or is likely to affect pre-judicially the stability or safety of the building or the condition of the building in respect of drainage, ventilation, sanitation or hygiene, or(b)it increases or diminishes the height of, area covered by or cubical capacity of the building or reduces the cubical capacity of any room in the building below the minimum prescribed in any bye-law, or(c)it converts into a place for human habitation a building or part of a building originally constructed for other purposes, or(d)it is an alteration declared by a bye-law made in this behalf to be a material alteration.
