LexThe GUWAHATI BUILDING CONSTRUCTION (REGULATION) ACT, 2010
Assam · state statute
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0 Registered No. 768/97
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THE ASSAM GAZETTE
~er
EXTRA ORDINARY
PUBLISHED BY THE AUTHORITY
rj"~ 135 ~~''I~, 12 (If' 2010, 22 ~?f, 1932 (""j<f))
No.135 Dispur, Wednesday, 12th May, 2010, 22nd Vaibakha, 1932 (S.E.)
GOVERN1\11ENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTtvfENT : : LEGISLATIVE BRANCH
NOTIFICATION
The 12th May, 2010
No.LGL.7/2010/10. --The following Act of the Assam Legislative Assembly which received
the assent of the Governor is hereby published for general information.
ASSAM ACT NO. XVI OF 2010
(Received the assent of the Governor on 29th April, 2010)
THE GUWA:f!ATI BUILDING CONSTRUCTION (REGULATION) ACT, 2010
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1022
Preamble
Short title,
extent and
comm encement
Definitions
THE ASSAM GAZETTE. EXTRAORDINARY, MAY 12. 2010
AN
ACT
to provide for development, control, regulate the planning and construction of buildings
within the Guwahat1 Metropolitan Area.
Whereas it is expedient to provide for the development, control and regulation
to check the haphazard growth of buildings within the Guwahati Metropolitan Area by
the authorities concerned and specify the provisions regulating .such pianning and
construction of buildings and for matters connected therewith and incidenta1 thereto.
It is berby enacted in the Sixty-first Year of the Republic of India as follows:-
1. ( 1) This Act may be called the Guwahati Building Construction (Regulation) Act,
2010.
(2) It shall extend to the whole of the Guwahati Metropolitan Area as notified by
the State Government.
(3) They shall come into force on such date as the State Governin ent may, by
notification in the Official Gazette, appoint.
2. In this Act, unless there is anything repugnant in the subject or context.,-
( l) "alley" means a public thoroughfa re, which affords only a secondary means of
access to abutting prope1ty and not intended for general traffic circula tion;
(2) "Apartment" means an apartment as defined under the Assam Apartments
(Construction and Transfer of Ownership) Act, 2006;
(3) "approved" means approved by the Authority by any officer to whom the power
has been delegated by the Authority;
(4) "Authority" means the Guwahati Metropolitan Development Authority,
Guwahati Mi.micipal Corporation and other Urban Local .Body or Panchayat as
the case may be;
(5) "balcony" means horizontal pro.:ection in upper' floors to serve as a passage or
sitting out place;
(6) "basement" means the lower storey of building below or partly below the ground
level;
(7) "building" ~eans any construction for whatsoever purpose and of whatsoever
materials and every part thereof, whether used as human habitation or not and
includes plbth, walls, chimney, telecommunication or other tower, dr~e
work, fixed platforms, verandah, balcony cornice or projection, or part of a
building on anything affixed thereof or any walls, earth bank, fence, or other
Act No XXI of
. 2007.
THE ASSAM GAZETTE EXTRAORDINARY, MAY 12. 2010 1023
construction enclosing or delimiting or intended to enclose or delimit any land
or space, hut does not include structure of temporary nature like tents, hutment
as well as shamianas erected for temporary purposes for ceremonia l occasions,
with the permissions of the competent authority;
.
(8) ''building bye laws" means the bye-laws framed by the State Government under
section 5 of this Act;
(9) "building height'' means the vertical distance measured in the case of flat roofs
from the average level of ground around and contiguous to the building or as
decided by Authority to the terrace of last livable floor of the building adjacent
to external wall and in the case of pitched roofs, up to the point where the
external surface of the outer wall intersects the finished surface of the sloping
roof, and in the case of gables facing the road the mid point between the eaves
level and the ridge. The architectural features serving no other function except
that of decoration shall be excluded for the purpose of taking heights. If the
building does not abut a street the height shall be measured above the average
level of the ground around and contiguo ~•s to the building;
Provided that for hilly areas the vertical distance shall be measured
from the lower floor level instead of average ground level as applicable in case
of plain areas;
( l 0) "building line" means a line which is in the rear of the street aligrunent and to
which the main wall of a building abut6ng on a street may lawfully extend and
beyond which no portion of the building may extend except as prescribed in
this Act;
(11) "building permit" means permission accorded by the· Guwahati Municipal
Corporation or by the other urban local bodies or Panchayats concerned relating
to all issues of construction of building as per provisions of the Master Plan and
Zoning Regulations prepared and published under the Guwahati Metropolitan
Development Authority Act, 1985 and Building bye-laws prepared under this
Act;
(12) "chajja" means the sloping or horizontal structural projection usually provided
over openings on ex'ternal walls to provide protection from sun and rain ;
(13) "ceiling height" means the vertical distance between the floor and the ceiling.
Where a finished ceiling is not provided the underside of the joists or top of
post plate in case of pitched roof shall determine the upper point of
measurement ;
(14) "concrete" means concrete in which steel rods or meshes are· embedded to
increase strength;
(15) "concrete plain" means concrete cast in place without metal reinforcement or
reinforced only for shrinkage or temperature changes;
(16) "coverage" means the percentage ratio of the plinth area of the main and
accessory bui I dings to the total area of the plot;
Assam
Act No
xx or
1987
i i
iVL'+ Ltib A~~A M GAZETTE. EXTRAORDINARY, MAY 12. 20 IO
(17) "development" with its grammatical variation means the carrying out of
building, engineeri ng, mining or other operati ons, in on, over, or under land or
the making of any material chang e in any building or in the use of any building
or land and include s division of any land ;
(18) ''drain" means any con duit used for the carriage of sewe rage and sullage water
from one building or a po1tion of the building ~
(19) "drain-sewerage" means a drain used or constructe<l to be use<l for conveying
solid or liquid waste matter, excrel'al or otherwise, to a sewer;
t..20) "drain-surface water" means a drain used or constructed to use solely for
conveying to any drain any rain water but shall not include any rainwater pipe;
(21) "dwelling" means a· building or portion thereof which is designed for use
whol.ly or principally for residential purp oses;
(22) "Floor Area Ratio" (FAR) means quotient by dividing the total covered area
(Plinth area) on all floors excludin g exempted areas as may be provided in the
buildin g bye-laws into 100 by the area of the plot.
FAR= Jotal covered area of all floors x I 00 ;
Plot area
(23 ) "floor area " means covered area of a building at any floor level:
(24) "family" means a group of individuals normally of blood relation or connected
by marriage living together as a s ingle house keeping unit and having a
common kitchen. Customary domestic servants shall be consjdered as adjunct
to the term family;
(25) "open space " means an area forming an integral part of the plot left open to the
sky for the pi.trpose of this Act;
(26) "owner" means the perso n, when used in reference to any premises who
receive s the rent of the said premise s or would be legally entitled to do so if the
prerrrises were let out. It also includes,-
( a) an agent or trustee who is legally authorized to receive such rent on behalf
of the owner;
(b) a receive r, executor or administrator or a manager appointed by any court
of competent jurisdiction to have the charges of or to exerc ise the rights of
owner of the said premises;
(c) a person having legal title over the premises /plot ofland;
(27) "pathway" means an approach con~tructed with materials such as bricks,
concrete, stone, asphalt or the like ;
(28) "plinth" means the portion of a structure betwe en the surface of the surrounding
ground and surface of the floor immediately above the ground;
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THE ASSAM GAZETTE,'EXTRt\0}\DlNARY, MAY 12, 2010
(29) "Planning Permit " means the permission accorded by the Guwahati
Metropolit an Dt:velopment Authority as per the provisions of Master Plan and
Zoning Regulations published by the Authority from time to time under the
Guwahati Metropolitan Development Authority Act, 1985;
(30) "plot" means a parcel of land occupied or intended for occupancy by one main
building, together with its accessory buildings and used customarily and
incidental to it, including the vacant spaces required and having frontage upon a
street or upon a private way as provided in the building bye-laws;
(31) "repairs" means any renovation applied to any structure, which does not in any
way change the specification of the structure but saves the structure from
further deterioration;
(32) "road" means and includes any highway, street, lane, pathway, alJey,
passageway, carriageway, footway, square, bridge, whether private or public,
whether thoroughfare, or not whether existing or proposed in any scheme,
culverts, side walks and traffic is lands;
(33) ·'sanctioned plan" means the set of drawings and statements submitted under
relevant section of the building bye-laws in connection with a building and
sanctioned by Authority; -
(34) "State Government" means the Government of Assam;
(35) "storey" means the portion of a building included between the surface 'of any
floor and the surface of the floor next above it or if there be no floor above it,
then the spaces between any floor and the ceiling above it;
(36) "to abut" means to abut on a road such that any portion of the plot is on the
road boundary;
(37) "to construct" means to erect, re-erect or make material alterations;
(38) "to erect" means to construct a building for the first time or to reconstruct an
existing building after demolishing it accNding to some fresh or revised plan;
(39) "water closet" means a privacy with arrangement for flushing the pan with
water, but does not inch~de a bathroom;
( 40) "multistoreyed or high-rise buildings" means a building whose height is 15
meters or more measured from the average level of the central line of the street
on which the site abuts or more than four floors excluding basement or stilt;
( 41) "Structural Engineer" shall mean an Engineer with at least 3 years experience
' m structural design or an Engineer with post Graduate degree in Structural
Engineering;
(42) "services" in relation to a building means light and ventilation, electrical
installation, air conditioning and heating, acoustics and sound, installation of
lift and escalators, water supply, fire fighting, sewerage and drainage, gas
supply, telephone and garbage disposal mechanism, landscape and
environment:
1025
Assam
Act No
XX of
1987
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Explanation: -
THE ASSAM GAZETTE, EXTEAORDINARY, MAY 12, 2010
( 43) "use" mans the purpose for which the building or a part of building is used or
intended to be used and the term "mixed used" shall mean and include a
building wnich is used for more than one use in different portion of the
building;
The classification of building based on principal use shall be as follows:-
(a) Residential Buildings :-
These shall include any building, in which sleeping
accommodation is provided for normal residential purposes with
or without cooking or dining or both facilities, including one or
two or multi-family dwellings, lodging dormitories, apartment
houses, flats and hostels.
(b) Institutional Building s:-
Institutional buildings ordinarily provide sleeping accommodation
for the occupants and specialized non-commercial training centers.
lt includes hospital, sanatoria, custodial institutions and penal
institutions like jails, prisons, mental hospitals and reformatories.
These shall include any building used for school, college or day
care purposes involving assembly for instruction, education or
recreation where it is a part of education and other public and
semi-public buildings.
(c) Assembly Building s :-
These shall include any building or part of a building where groups
of people congregate or gather for amusement, recreation, special,
·patriotic, civil traveJ and similar purposes, for example, - marriage
hall, theatres, motion picture houses, assembly halls, auditoria,
libraries, exhibition halls, museums, skating rings, gymnasium,
restaurants, dance halls, clubs, passenger stations and terminals or
air, surface and other public transportation services, and stadia.
l:hese shall include any building used for religious purposes like
prayers, puja, worship, religious or spiritual congregation,
discourses, rituals and functions.
( d) Commercial Buildings :-
These shall include any building or part of a building which is used
as shop, store, market for display and sale of merchandise either
wholesale or retail, office, storage or service facilities incidental to
the sale of merchandise and located in the same building shall be
.included under this group. These shall include any building or part
of a building which is used for tr~saction of business and I or the
keeping of accounts and records therefore including offices, ban.ks,
professional establishments etc. if their principal function is
lransaction of business or keeping of books and records.
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THE ASSAM GAZETTE, EXTRAORDINARY, MAY--=1=2.>...::, 2=0...::...10,,._. --~1~02:..!..7
(e) Industrial Buildings:·
These shall include any building or part of a building or structure,
in which products or materials of all kinds and properties are
fabricated, assembled or processed like assembly plants,
laboratories, power plants, smoke houses, refineries, gas . plants,
ffiills, dairies, factories, etc.
(f) Storage Buildings :-
These shall include any building or part of building used primarily
for the storage or sheltering (including servicing, processing or
repairs incidental to storage) of goods, ware or merchandise
(except those that involve highly combustible of explosive
products or materials) vehicles or animal, for example,
warehouses , cold storages , freight depots, transit sheds, store
houses, truck and marine terminals, garages, hangers, grain
elevators, barns and stables. Storage properties are characterized
by the presence of relati vity small numbe.rs of persons in
proportion to the area. Any new use which increases the number of
occupants to the figure comparable with other classes of
occupancy shall change the classification of the building to that of
the new use for example hungers used for assembly purposes,
warehouses used for office purposes, garages building used for
manufacturing.
(g) Hazardous Buildings :-
These shall include any building or part of a building which is used
for the storage , ,handling, manufacture or proc.essing of highly
combustible or explosive materials or products which are liable to
bum with extreme rapidity and or which may produce poisonous
fomes or explosions for storage, handling, manufacturing or
processing which involve highly corrosive toxic or noxious alkalis,
acids or 0th.er liquids or chemicals producing flame, fumes and
explosive poisonous, irritant or corrosive gases, and for the
storage , handling or .i;>rocessi:ng of any material producing
explosive mixtures or dust which result in the division of matter in
to fine particles subject to spontaneous ignition.
( 44) "compliance" is the verification of the properties . of construction materials
based on test data and verification of the strength and structural adequacy for
various components of building s and structures;
1028
Applica bility
ofth e Act
THE ASSAM GAZETTE, EXTRAORDINARY.' MAY 12, 2010.
(45) words and expression used in this Act and the building bye-laws framed
thereunde f but not defined shall have the meanings respectively assigned to
them in the Guwahati Municipal Corporation Act, 1971, the Guwahati
Metropol itan Development Authority Act, 1985 and the National Building
Code of India 2005 as amended from time to time, shall have the meanings
respectively assigned to them in those Acts and Code;
3. The Act shall apply to regulate the construction of the buildings as per Planning
Permit and Building Permit accorded to the concerned applicant by the Guwahati
Metropolitan Development Authority and the Guwahati Municipal Corporation
respect ively and use of the site of the building under the jurisdiction of the
Guwahati Metropolitan Area in the f~Howing manner:-
(1) Where a building is intended to be erected, the Act applies to the
Planning and Zoning Use, design (lnd construction of the building;
(2) Where the whole o.r any part of the building is intended to be
removed, the Act applies to the whole building whether removed
or not;
(3) Where the whole or any part or the building is intended to be
demolished, the Act applies to any remailling part and to the work
· involved in the demolition;
(4) Where a building is intended to be altered, the Act applies to the
whole building whether existing or new save and except that part
of bll;ilding which is completely self contained with respect to
facilities and safety measures required under the building bye
Jaws;
(5) wpere the occupancy of a building is intended to be changed, the
Act applies to all parts of the building affected by the change;
(6) Where a building has been demolished by the Authority, the Act
applies to all parts of the building intended to be erected;
Provided that nothing in this Act shall apply with respect to
removal, alteration or abandonment, prevention of continuance of the
use or occupancy of an existing approved building, unless in the opinion
of the Authorit y such buildings constitutes a hazard to the safety of the
adja cent property or the occupants of the building itself;
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Act No f Fr
of 1973ft bu
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Assam n1 5t~
ActNo ,!Ai
XX of ~
1987 2
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~ct No I
of 19'73
Assain ' c ·~
Act i\o t •nmcni
XX of
1987
THI:- ASSAM GAZETTE, EXTRAORDINARY.._MAY 12, 2010 1029
-1. (1) Notwithstanding anythrn~ to !he contrary contained m the Guwahati
Metropolitan Deve lopment \uthority Act. 1985 and Guwahati
Municipal Corporation Aci. 19 I the State Government shall frame the
bwkling bye -laws to regulatt: i .\! construction of buildings under the
jurisdiction of Guwahati Metropc.litan Arca.
(2) The building bye-laws shall ct·;1tain the matters enumerated herein
below:-
PART-(
(bye-la'\vs to be framed relating to Planning Permit)
(i) form of application together with plan, service plan for planning permit
and land sale or transfer permit and the requirement of different fees and
penalty for deviations and other documents to accompany an
application _;
(ii) width for different classes of public streets according to the nature of
traffic to be carried thereon, ,,;treet lines and setting back of building
from the regular line of the street:
(iii) regulation or restriction of the site for different uses like pennissible
floor area ratio, coveragt ,, height of building, parking nom1s and
requirement of external open space;
(iv) regulation and display cf advt:: tisem.ent in the interest of amenity,
aesthetic or public safety;
(v) regulations . in any manne r or spe~, ifically provided for in this Act, the
erection of any enclosure, wall, fo.tce, tent or other structure or any land
within the limits of the Authority;
(vi) land sub-division and layout of pubtc streets;
(vii) regulations for other services like drainage, water supply/sewerage,
rainwa ter harvesting etc. and recycling of used water to be provided in
the site as well as in any pre~cribed area:
(viii) provision of street furniture fct" physically challenged;
(ix) period within which th·~ Planning Pcnnit shall be either granted or
refused;
(x)
(xi)
duties and responsibilitie s of tlie persons preparing the plan;
such other matters which are to be or may be required to be made in the
bye-laws:
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PART II
(bye-1aws to be framed relating to Building Permit)
(i) form of application, specification of plans of building, site plan, service
plan and documents to accompany an application, requirement of
different fees and penalty for deviation;
(ii) standard of all classes of building classified on the basis of use, floor
area ratio, coverage, setbacks, height of building relation to street, plot
size for different classes of building, parking norms;
(iii) technical specification of different classes of building and structures and
general structural safety like earthquake, cyclone , landslide etc; and
seismic strengthening of retrofitting;
J_vii)
(vi~i)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(~vii)
design of structure for earthquake resistance and retrofitting;
fire and life safe ty, pollution control, rainwater harvesting, septi c t ank,
sewerage, drainage, garbage disposal, lift, ventilation, water suppl y,
elect.rical installa tion, and speci fication for physically challenged;
telepho ne, rooftop transmission and growid based transmission tower,
outdoo r display struc ture, hoarding attached to a building;
laying of cables, conduits, water supply pipes and the like;
green building and recycling of used water to be prov ided in the
building;
requirements for special and lifeline buildings;
requirements and specifications for physically challeng ed in the
building;
stacking of materials of construction;
restriction on use qf inflammable material in the buildings;
supervision and proof checking of structural design of buildings;
period within which the Building Permit shall either be granted or
refused;
inspection, completion, occupancy of the building and forms required
for issuing completition certificate, occupancy certificate of the building;
duties and responsibilities of ~:;erson preparing the plan;
such other matters which are to be or may required to be made in the
bye-laws;
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Procedure
to be
followed for
constructioo
THE ASSAM GA.ZETTE. EXTRAORDINARY, MAY 12, 2010 1031
s. The procedure regarding constrnction of buildings and sub-division or transfer of
private land:-
( 1) Every person who intends to erect or re-erect or make material alteration
:
in any place in a building or part thereof, within the jurisdiction of
Guwahati Metropolitan Area, shall make an applicable in the form
prescribed for the purpose in the building bye-laws to the Chief
Executive Officer, Guwahati Metropolitan Development Authority, and
such appli'cation shall be accompanied by the plans and conforrr.iing to
the requirements mentioned in the building ·bye-laws in qua<:J:riplicate in
blue or white prints or computer generated prints.
(2) The fonn to be prescribed under sub-section (1) shall be of two parts
being the "Part-I" for Planning Permit and Part-II for construction of
"Building Permit". The Planning Permit shall be issued by the Guwahati
Metropolitan Development Authority and Building Permit shall . be
issued by the Guwahati 'Municipal Corporation, or other Urban Local
Bodies or Pancfiayats, as the case may be, within the Guwah°'iti
Metropolitan Area.
(3) At first the applicant shall file application fonn to the Guwahati
Metropolitan Development Authority .with requisite processing fee for
obtaining Planning Permit. The officials of Guwahati Metropolitan
Development Authority shall verify and examine the application
promptly with regard to the Planning and Zoning Regulations and
forward the Planning Permit with such modifications as may be
required, to the Guwahati Municipal Corporation or other Urban Local
Bodies or Panchayats as the case may be~ with an intimation to the
applicant.
( 4) The Guwahati Municipal C:orporation or other Urban Local Bodies or
Panchayats, as the case may be, shall ~xamine the proposal as per
provisions of the building bye-laws and other Acts and Rules for the
time being in force and if satisfied, issue the Building Pennit on receipt
of such fees as prescribed in the building bye-laws.
(5) After approval of Planning Permit, one copy shall be retained in the
office of the Authority for record and the other three copies shall be
forwarded to the Guwahati Municipal Corporation or other Urban Local
Bodies or Panchayats, as the case may be, along with the relevant papers
with intimation to the applicant.
1032 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 12 2010
(6) The Guwahati Mcrropvlit.in Development Authority, Guwahati
Municipal Corporation ,)r other Urban Local Bodi~s or Panchayat , as the
case may be. shall eith<?r ~rai.t or refuse to grant Planning Permit or
Building Permit as the ;;n-,c may be wi_th period as stipulate in the
building bye-laws. In the e\ei1l of failure of the Authority to grant
Planning Pe1mit or the Building Permit within the period stipulated in
the building bye-law~. then the permits shall be de~med to have been
granted and the applicant may pn.; · ·~ed for e~~qutiQn of the work with an
-intimation .to the Authorities con·'.erned at l~ast 10 (ten) days prior to
commencement of d~e work but .not so as to contravene any of the
provisions of this Act or any ruJes or building bye-laws made under this
Act.
Explanation:-
Forma t of Application to erect or re-erect or make material alteration in a
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building as required along with a checkl ist to ensure complete submission of
docwnents to faciliate early disposal of cases shall be filled up as provided in !
the building bye-laws hy the ~pplic .. mt. I
~ • (7) The following documents shall accompany the application: - ~
(i) Site Plan :- The site plan shall be drawn to a minimum sc.ale as
tJrescribed in the building bye-iaws and to be signed by the
' applicant and the per::;o1.1 preparing the plan;
(a) the boundaries of the site with dimensions .and of any contiguous
land belonging to the owne1:
(b) the position of the site in rei.1tion to neighboring streets with name
of the street on which the bui tding is situated;
(c) the position of the buiiding and all other buildings (if any) which
the applicant intends ·o erect tipon his land in relation to-
(ci) the boundaries of the site and in case where the site has been partitioned,
the boundaries of the portion owned by the applicant and also of the
portion s owned by other owners of th~'l.t compact plot;
( cii) the means of acce~~ from an existing street to the building;
(ciii) open space to be left nw1md the bl~ilding to secw-e free circulation of air,
admissjon of light and access fr·r scavenging purpose etc;
(iv) scale with north line ;
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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 12. 2010 1033
(v) plot area, plinth area, each floor area;
(vi) location, name and width of each adjacent road or lane;
(vii) such other particulars as may be prescribed in the building bye-laws.
(ii) Building Plan ;" The detailed plans, used of the building and elevation
and sections sent with the application shall be accurately drawn to a
scale as prescribed in the building bye-laws and duly signed by the
applicant and the person preparing the building plan. . Adequate
arrangement for proper drainage shall also be made .. The plan . shall
include,-
(a) complete layout plan of the area or areas showing location and width
of all streets dimensions, sizes and uses of all the plots;
(b) plans of aD floors, accesso ry buildings and basement plan. Such
drawings shall fairly indicate the size of rooms, size of windows and
ventilators, size of door opening and stair runs;
(c) location of drains, sewers, public utility, electric Imes, services,
transformers;
( d) exact location of essential services such as water. closet, sink, ~~th
etc;
( e) proposed and existing works should be clearly indicated in different
colours (other than red) or in marking;
(f) sectional drawings showing clear ly the sizes of footings thickness .of
basement walls if any, all roof slabs and floor slabs, ceiling heights
and parapet height with their materials. The sect ion shall indicate the
drainage and slope off the roof. At least one section shall be taken
through the staircase;
(g) details of se!"Ved privies (if any);
(h) all street elevation;
(i) dimensions of the projected portions beyond the permissible buiJ4ing
line i.e. chajja line;
(j) scaie with north line;
(k) the existing ground level of the plot and proposed ground level in
relation to abutting road level to be clearly mentioned in drawing; ·
v01) for multistoreyed or highrise buildings an undertaking · stating that
.....___.._ --- - - --- - - _)
debris or construction materials will not be stacked in public plfl:ces
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leading to public nuisance. rn the Authority finds that the applicant..
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caused nuisance to·· public while executing construction uecessacy
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fine be imposed as per_provisions in the byelaw;
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1034 THE ASSAM GAZETfE, EXTRAORDINARY, MAY 12, 2010
(m)detailed parking plan;
(n) space used for storing construction materials during the time of
construction;
( o) the owner shall file an m1dert~~tating that he shall leave and
--~ - ·-~· -. --·-
surrender land for road widening, if required and he will not violate
'--any prov1sions efthi~~t ~-;· and building bye-laws made under
this Act and that in case of any violations, the 'Authority shall be at
liberty to summarily remove such deviations as per Guwahati
Municipal Corporation Act, 1971 and Guwahati Metropolij:an
Development Authority Act, 1985.
(iii) Service Plan :- Details of private water supply, sewerage disposal
system and details of building services, where required by the Authority
shall be made available to a scale as provided in the building bye-laws.
(iv) Ownership Document:- Title document to justify the ownership ofland.
In case land is not owned by the applicant, lease deed/sale deed/Power
of Attorney or a No Objection Certificate by the co-owners for allowing
applicant for construction, in the form of an affidavit.
(v) Every person who intends to subdivide or transfer any plot of land within
Guwahati Metropolitan Area shall make application to the Authority
obtaining permission for sub-devision or transfer of such plot of land.
Such application shal I be accompanied by the plans and statements
together with a development fees as prescribed in the building bye-laws.
(vi) Application for alteration :- When the application is only for an alteration
of the building, only such plans and statements as may be necessary
shall accomp _any the application.
(vii) Repairs : - No such application as provided under section 5 shall be
deemed necessary for repairs in any existing buildfug in accordance with
the Act.
J
8
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f
Assam I
Act No 1 a
f of1973 ! and •
Assam ~
e Act No ,
XX of •
IQR7 I
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THE ASSAM GAZETTE, EXTRAORDINARY,_ MAY 12, 2010 1035 . . .
D t \ 1ation 6.
during
construction
Withdrawal of 7.
application
Exemption to 8.
Governments
Duration of
permit 9.
Intimation to 10.
the Authority
to start
construction
Completion
and
Occupancy ·
Certificate
11.
If during the construction of a building any departure from the
sanctioned plan is intended to be made, prior approval of the Authority
shal I be obtained before any change is made.
The applicant may withdraw the application and plans any time prior to
its approval and such action shall terminate all proceedings with respect
to such application, but the fees paid shall in no case be refunded.
The Governments both Central and State except the Defence also
forward copies of their plans to the Authority complying with all the
prov isions of the Act. Central and State Governments are exempted from
paying planning permit and Building .Permit fees.
The building permit once accorded shall remain valid up to two years.
Subsequent renewal is permissible for another five years. If however the
building is not completed during this period, .a fresh permit has to be
obtained. The applicant has to produce completion certificate within the
validity perjod of permission, failing which the permission shall be
deemed to be cancelled and the processing fees and the building permit
fee shall be forfeited.
The applicant upon commencement of his work under a Building Pennit
shall give notice to the Authority that he has started his work and the
Authority shall cause inspection of the work within 14 days following
the receipt of the notice to verify that the erection has been carried out in
accordance with the approved plans.
(a) "Completion Certificate":- The owner through tl)e registered architect,
engmeer, structural engineer, as the case may be, who has supervised
the construction, shall give notice to the Authority regarding
completion of work described in the Building Permission. The
completion c~rtificate shall be submitted in the fonn as may be
prescribed in the building bye-laws in four sets of completion as built
plan.
(b) "Occupancy Certificate":- Th:~ Authority, on receipt of the completion
certificate , shall inspect the work and grant or refuse an occupancy
certificate within 21 days from the date of receipt of completion
certificate, after which period it shall be deemed to have been
approved by the Authority for occupation provided the building has
been constructed as per the approved plans. Where the occupancy
certificate is refused , the reasons for rejection shall be intimated to the
applicant.
i
I
1036
PtnaJty for
violation
Existing buildings
Inspection during
construction
Power to make
rules
THE ASSAM GAZETTE, EXTRAORDINARY, MAY l"' :c :o
12.
13.
14.
15.
( c) "Part Occupancy Certificate":- Upon the · request of -.:be ~ of the
Building Permit the Authority may issue a pan ~ certificate
for a building or part thereof before completion of:±:!!! ~ work as
per Building Permit, provided sufficient precautiom'..:1 mt'2SUreS are
taken by the holder of the Building Permit to ensure pthUc safety and
health safety. The part occupancy certifi,cate shall he gn.en by the
Authority subject to the ov.·ner indemnifying the Amhcri.1y as per the
pro forma prescribed in the building bye-laws.
(i) Any person who contravenes any of the prov~ions oi ~ Act or any
requirements or obligation imposed on him by virtue of ~:s Aet, rules
or building bye-laws framed under this Act or \:\.1lo imafc:res with or
obstruct any person in the discharge of his duties in ~ of this
Act, rules or building bye-laws shall be punishable as per the- relevant
provisions of the Guwahati Municipal Corporation Act.. l'T"I or the
Guwahati Metropolitan Development Authority Act. l9'S5 or the
Assam Apartment (Construction and Transfer of o..,.Dl:':'.lSirip) Act,
2006 and relevant Acts governing the local bodies.
(ii) Notwithstandipg the penalty referred to in sub-section (i) the -~~rity
shall be free to seal a building in the event of any violation of me used
and deviation from the approved plan or non-comp timce of the
' ' '
provision of this Act, Zoning Regulations and building bye~l.a~'S...
Nothing in this Act shall require the removal,.alteration or prevent the
continuance of use and occupancy of a building lawfully consmJCted
and not hazardous to the safety of life and property to the occupants or
neighbours ..
..
The Authority shall have the power to carry out inspection of the work
at various stages to ascertain whether the work is proceeding as per the
provisions of the building bye laws and approved plans.
(I) The State Government may make rules for carrying out the provisions
of this Act.
J•
Assam Act
No I of 1973
and Assam
Act No XX
ofl987
Assam Act
NoXXJ
2007
I
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Building bye
la~s •nd rules
~laid
Srethe
State
Legislature
- and saving
-_-...-.,.
THE ASSAM GAZETTE. EXTRAORDINARY, MAY 12, 2010 1037
16. Every building bye-laws and rules made under this Act shall be laid as
soon as may be after they are made, laid before the Assam Legislative
Assembly, while it is in session for a total period of fourteen days
which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session in which it is so laid
or the session immediately following, the Assam Legislative Assembly
agrees in making any modification in the rule, building bye-laws or
agrees that the building bye-laws or the rules should not be made, the
building bye-laws or the rules shall thereafter have effect only in such
modified form or be of no effect, as the case may be, so however, that
any such modification or annulment shall be without prejudice to the
validity of anything previously done wider the building bye-laws or
the rules.
17. (1) The relevant provisions of the Guwahati Metropolitan Development
Authority Act. 1985 and the Guwahati Municipal Corporation Act,
1971 along with all amendments up to date inconsistent with this Act
shall stand repealed with effect from the date from which this Act
comes into force.
(2) The relevant sections of the Assam Town and Country Planning Act,
1959; the Assam Municipal Act, 1956 and the Assam Apartments
(Construction and Transfer of Ownership) Act, 2006 along with their
amendments up-to-date and rules and regulations as made therewider
inconsistent \\ith the provisions of this Act shall cease to operate
thin the Gt.Iwahati Metropolitan Area.
(3) i otwitnstanding any repeal and making inoperative of the relevant
sections referred to in sub-sections(l) and (2) above, anything done or
purported to be done or any action taken under the provisions of the
said Acts or rules or regulations made thereunder, shall be deemed to
have been done or taken wider the corresponding provisions of this
Act and all such rules or regulations shall, if not inconsistent with the
provisions of this Act continue to be in force till building bye-laws and
the rules are made under this Act.
An: person aggrieved by any order or action of the Authorities in
rcspec~ of planning permit or Building Permit, may prefer an zppea.I
St:lte GO\ cmment.
Assam Act
No XX of
1987
Assam Act
No lof
1973
Assam Act
No II of
1963,
Assam Act
No IV of
1957,Assam
Act No XXl
of2007.
tJ!<';,_ _ _ _
1038
THE ASSAM GAZETIE, EXTRAORDINARY. MAY 12. 2010
Protection of
action taken in
good faith.
19. (1) No suit, prosecution or other legal proceedings shall lie against any
person for anything which is in good faith done or intended to be don'-
in 1mrsuance of this Act or rules or building bye-laws framed under
this Act or order made thereunder.
(2) Save as otherwise expressly provided in this Act, no suit or other legal
proceeding shall lie against the Authority or the State Government for
any damage caused or likely to be caused by anything in good faith
done or intended to be done in pursuance of this Act, rules or building
bye-laws framed under this Act or any order made thereunder.
MOHD. A. HAQUE,
Secretary to the Govt. of Assam.
Legislative Depru:tment, Dispur.
GUWAHATl - Printed and Published by the Dy. Director (P&S), Directorate of Ptg. and Sty. , Assam, Gt. ahau-21
(Ex-Gazette) No. 269-500+600-12-5-2010 .