Guwahati Building Construction (Regulation) Act, 2010
No: 16 Dated: May, 12 2010
GUWAHATI BUILDING CONSTRUCTION (REGULATION) ACT, 2010
ASSAM ACT NO. XVI OF 2010
An Act to provide for development, control, regulate the planning and construction of buildings within the Guwahat1 Metropolitan Area.
Preamble:- 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. Short title, extent and commencement:- (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 Governinent may, by notification in the Official Gazette, appoint.
2. Definitions:- In this Act, unless there is anything repugnant in the subject or context.,-
(l) "alley" means a public thoroughfare, which affords only a secondary means of access to abutting prope1ty and not intended for general traffic circulation;
(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" means 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, drainage 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 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 ceremonial 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 contiguous 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;
(l0) "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;
(17) "development" with its grammatical variation means the carrying out of building, engineering, mining or other operations, in on, over, or under land or the making of any material change in any building or in the use of any building or land and includes division of any land;
(18) ''drain" means any conduit used for the carriage of sewerage and sullage water from one building or a portion of the building.