Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Punjab - Section

Section 2 in The Punjab Capital (Development and Regulation) Building Rules, 1952

2. Definitions.

- Unless there is anything repugnant in the subject or context, -
(i)'Abut' A building is said to abut on a street when the outer face of any of its external walls is on the street boundary.
(ii)'Act' shall mean the Capital of Punjab (Development and Regulation) Act, 1952.
(iii)'Applicant' shall mean a person who gives notice to the Chief Administrator of his intention to erect or re-erect a building and shall include his legal representatives.
(iii)[ (a) "Architect" shall have the same meaning assigned to it as in the Architects Act, 1972.] [Added Chandigarh Administration Gazzette dated 11.2.1993.]
(iv)'Architectural Control Sheets' shall mean sheets of drawing with directions singed by the Chief Administrator and kept in his office showing the measure of architectural control which shall be observed in the special areas.
(v)'Balcony' shall mean a cantilevered horizontal projection from the wall of a building not supported from the ground having a balustrade or railing and intended for human use.
(vi)'Barsati' shall mean a roofed structure above the roof of a building used as shelter during the rains.
(vii)'Base' applied to a wall or column, shall mean the underside of that part of the wall or of the column which immediately rests upon the footing or foundation or upon any bressummer or other structure by which such wall or column is carried.
(viii)'Basement Storey' shall mean the storey which is next below the ground storey or which is in any part more than half of its height below the mean level of the street or ground adjoining the building.
(ix)'Bressumer' shall mean a beam or a girder which carries a wall.
(x)'Building' means any construction or part of a construction in Chandigarh which is transferred by the [Central Government] [Substituted for the words 'State Government' by the Punjab Reorganisation (Chandigrah) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968.] under section 3 of the Act and which is intended to be used for residential, commercial, industrial or other purposes, whether in actual use or not and includes any out-house, stable, cattleshed and garage and also includes any building erected on any land transferred by the [Central Government] [Substituted for the words 'State Government' by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968.] under section 3 of the Act.
(xi)'Building line' shall mean a regulatory line specified for each road-street or lane shown on the zoning map, to define the position in which a building or wall may or may not be built.
(xii)'Bungalow type house' shall mean a detached house standing within the boundaries of its own plot.
(xiii)'Canopy' shall mean a projection from the top of the parapet wall or a continuation of a flat roof beyond the face of the outer wall designed to protect the wall from weather.
(xiv)'Chhaja' shall mean a continuous cantilevered horizontal or sloping projection from the outer wall of the building primarily intended to give protection from weather.
(xv)'Class of building' shall mean a building in one of the following four categories -
(a)Residential building.
(b)Commercial building.
(c)Warehouse and Industrial building.
(d)Public building.
(xvi)'Commercial building' shall mean a building used or constructed or adapted to be used wholly or principally for shops, offices, banks or other similar purposes or for industries other than factories (and shall include motor garage where general repairs are done).
(xvii)'Courtyard' shall mean an area open to the sky but within the boundary of a plot, which is enclosed or partially enclosed by buildings, boundary walls or railings. It may be at ground floor level or any other level within or adjacent to a building.
(xviii)'A duly qualified architect' shall mean a person possessing any of the qualifications mentioned in Schedule II of these Rules.
(xix)'Erection or re-erection' of any building shall include, -
(a)any material alteration or enlargement of any building;
(b)the conversion by structural alteration into a place for habitation of any building not originally constructed for human habitation;
(c)the conversion into more than one place for human habitation of a building originally constructed as one such place;
(d)the conversion of two or more places of human habitation into a greater number of such places;
(e)such alterations of a building as effect an alteration of its drainage or sanitation arrangements, or materially affect its security;
(f)the addition of any rooms, buildings, out-houses or other structure to any building; and
(g)the construction in a wall adjoining a street or a land not belonging to the owner of the wall, of a door opening on the such street or land.
(xx)'External Wall" shall mean an outer wall or vertical enclosure of any building not being a party wall even though adjoining to a wall of another building and it also means a wall abutting on an interior open space of any building. It does not mean an outer verandah wall.
(xxi)'Factory' has the same meaning as in the Factories Act (Act LXIII of 1948).
(xxii)'Framed Building' shall mean a building the external walls of which are constructed of a frame of timber, iron, reinforced cement concrete or steel and such framing consisting of posts or columns and beams, filled in, or wholly or partially covered with bricks, stones, iron plates or other materials and the stability of which depends upon such framing.
[(xxii A). 'Frame Control Area' shall mean the area shown as such in a Zoning Plan or indicated as such in Drawing No. 22. Job No. 2, dated the 26th August, 1967 issued by the Chief Administrator] [Clause (xxii A) and (xxii B) added by Chandigarh Administration notification No. 9/1/7 FDI/73/5220, dated 23rd April, 1973.].(xxii B) 'Frame Control Drawing' shall mean the numbered sheet of drawing signed by the Chief Administrator and kept in his office defining boundaries of building plots, compulsory building lines, permissible heights of buildings to be realised in prescribed stages, site and floor coverages, restrictions on treatment of external facades including the permissible sizes of openings and such other restrictions on the development of sites as may be prescribed.
(xxiii)'Front' as applied to a building shall mean generally the portion facing the street from which it has access and in case of doubt as determined by the Chief Administrator.
(xxiv)'Gallery' shall mean a raised floor constructed within the height of the single storey.
(xxv)'Garage' shall mean a building or portion thereof, used or intended to be used for shelter, storage, or repair of a wheeled vehicle.
(xxvi)'Ground Floor' shall mean the storey which has its floor surface nearest to the ground around the building.
(xxvii)'Habitable room' shall mean a room constructed or adapted to be used by some person either as a living room in which a part of the day is spent or a room in which some person may pass the night and shall include a kitchen but shall not include a bathroom, water-closet, or store room.
(xxviii)'Height' as applied to a building shall mean the vertical measurement of the building measured from the finished level of the centre of the street where such street exists, or from the mean level of the ground adjoining the outside of the external walls to half the height of the roof in the case of sloping roofs and to the highest level of the building in the case of buildings with flat roofs excluding the projected portions of mamties, flues, ducts, minarets and parapets not exceeding three feet six inches in height and as applied to a room shall mean the vertical measurement from the upper surface of the floor to the under surface of the ceiling of the same room joist and beams being allowed to project beneath the ceiling; and in the case of a shaped or sloping ceiling, the height shall be mean height of any such room.
(xxix)'Licensed Plumber' shall mean a person registered by the Chief Administrator for the purpose of these rules.
(xxx)'Mamti' shall mean a small structure erected on the roof of a building at the head of a staircase to protect such staircase from weather.
(xxxi)'Material change of use' shall mean a change from one class of building to another.
(xxxii)"Mezzanine floor' shall mean a floor of a room or of rooms constructed within the height of a single storey.
(xxxiii)'Open Verandah' shall mean a verandah of which a minimum of 33 per cent of the outside face is open.
(xxxiv)'Party Wall' shall mean a wall partly constructed on one plot of land, and partly on an adjoining plot and serving both structurally.
(xxxv)'Plinth Level' shall mean the level of the ground floor of a building.
(xxxvi)'Plinth height' shall mean the height of the ground floor above the street level measured from the level of the centre of the adjoining street.
(xxxvii)'Premises' shall mean messuages, buildings, lands, easements and hereditaments or any tenure.
(xxxviii)'Public building' shall mean a building used or constructed or adapted to be used, either ordinarily or occasionally as a place of public worship, or as a hospital, college, school, hotel, restaurant, theatre, public hall, public concert room, public lecture room, public exhibition, or as a public place of assembly or entertainment for persons admitted thereto by tickets or otherwise, or used or constructed or adapted to be used either ordinarily or occasionally for any similar public purpose.
(xxxix)'Rain Water Pipe' shall mean a pipe or drain situated wholly above ground and used or constructed to be used solely for carrying off rain water directly from roof surfaces.
(xl)'Rear' as applied to a building shall mean that portion which is on the opposite of 'Front'.
(xli)[ Omitted.] [Clause xli omitted and (xli) (a) substituted vide Chandigarh Administration, notification No. GSR-12 PA- 27/52/Sections 5 and 22/Adm. (1) (67) dated 1.9.1967.]
(xli)
(a)'Registered Surveyor' shall mean a person possessing any of the qualifications mentioned in schedule II (A) of these rules and registered as such by the Chief Administrator.
(xlii)'Residential Building' shall mean a building used or constructed or adapted to be used wholly or principally for human habitation and includes all garages, stables, or other out-buildings appurtenant thereto.
(xliii)'Sector' shall mean a sector of the Master Plan of Chandigarh.
(xliv)'Sewage Drain' shall mean a drain for conveying solid or liquid filth and waste liquids, such conduit or pipe being the property of or vested in the Government or public authority responsible for the disposal of such sewage.
(xlv)'Special Area' shall mean the areas shown as such on the zoning plans in which Architectural Control Sheets shall apply.
(xlvi)'Storey' shall mean any horizontal division of a building, so constructed as to be capable of use as a living apartment, although such horizontal division may not extend over the whole depth or width of the building but shall not include mezzanine floor.
(xlvii)'Storm Water Drain' or Rain Water Drain' shall mean a drain used or constructed to be used solely for conveying to any sewer (either directly or through another drain) any rain water of roofs or grounds surfaces either paved or unpaved but shall not include a rain water pipe.
(xlviii)'Street' shall mean any road, footway, square court, alley, or passage accessible whether permanently or temporarily to the public, and whether a thoroughfare or not and shall include every vacant space, notwithstanding that it may be private property and partly or wholly obstructed by any gate, post, chain or other barrier whether of houses, shops, or other building abutting thereon, which is used by any person as a means of access to or from any public place or thoroughfare, whether such persons be occupiers of such buildings or not, but shall not include any part of such space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid, and it shall include also the drains or gutters therein, or on either side and the land, whether covered or not by any pavement, verandah or other erection, upto the boundary of any abutting property not accessible to the public.
(xlix)'Structural Wall' shall mean a load bearing wall or a wall that carries load in addition to its own load.
(l)'Sub-soil Drain' shall mean a drain used or constructed to be used solely for conveying to any sewer (either directly or through another drain) any water that may percolate through the sub-soil.
(li)'Temporary Building' shall mean a building built of unburnt bricks, burnt bricks without mortar, corrugated iron, bamboo, thatch, wood boarding or plywood but shall not include a building built of burnt bricks, cement blocks or stones laid in mortar.
(lii)'Topmost Storey' shall mean the uppermost storey in a building, whether constructed wholly or partly in the roof or not, and whether used or constructed or adapted for human habitation or not but shall not include a barsati or a mamti.
(liii)'Warehouse and Industrial Building' shall include a factory, a workshop or a motor garage.
(liv)'Water-borne Sanitary Installations' shall mean any urinal, latrine, water closet apparatus, bidet, slop sink, hospital sanitary fittings, such as, bed pan and urine bottle sink or other similar fittings, the solid or liquid filth from which is intended to be discharged by a flush of water, and shall include all manholes, traps, gullies, soil pipes, waste pipes, ventilating pipes, anti-syphonage pipes and drains communicating with sewers.
(lv)'Water closet room' shall mean a room which contains a soil pan and shall also include any room which is partitioned or divided into two or more cubicles each containing a soil-pan if the partitions or divisions are so constructed as to allow the free circulation of air throughout the room.
(lvi)'Zoning Plan' shall mean the numbered plan signed by the Chief Administrator and kept in his office defining the layout of any numbered sector of the Master Plan of Chandigarh showing the streets, boundaries of building plots, open spaces, position of protected trees or other features, and showing in colour or by other means the specified land-use, building lines, permissible heights of buildings, site coverage and such other restrictions on the development of land or buildings as may be prescribed.
Application of Building Rules