Illegal construction and building rules knowledge is important since there are so many illegal buildings in West Bengal.
Illegal Construction and Building Rules
There are many illegal buildings or houses constructed every year in the country which doesn’t have any permit from the Municipal Corporations or Panchayats or from other competent authorities to construct such buildings or houses. Illegal Construction is a construction which has no permit to construct buildings or houses due to some serious reasons. Today, we see that there is a large increase in the population of the country and for this reason, some illegal constructions have come up. These Illegal Constructions have created many problems in society as well as in the country. So, the state government and the Central Government have formulated different laws to handle these types of matters.
Some Environmental Risks:
- These illegal constructions lead to landslides.
- It leads to deforestation.
- It also damages agriculture.
- It creates problems in the administration of the society and so on.
Authorities that Manage Illegal Construction and Building Rules:
Municipal corporations and municipal tribunals deal with illegal construction and building rules in West Bengal and Kolkata. They are the authorities entrusted with maintaining proper construction of buildings in adherence to building rules and they are also empowered to penalise illegal constructions.
Reporting an Illegal Construction in West Bengal:
- If there is an illegal construction then, one can go to the municipal corporation of the city and complain with the proper procedure. Any individual can approach the Municipal Corporation and file a complaint if they find that any building or house is built which is considered illegal construction since it has no permit to construct it.
- The next step is that the Municipal Corporation will send a notice to the owner of the building house or property.
Process of Notice for Illegal Constructions:
- Municipal Corporation or any other competent authority sends a notice to an individual who resides in the illegally constructed building or constructing a building which has no permission to do so and he is also given time to reply for the cause.
- An individual is also given time to obtain a stay order from the court.
- If the individual does nothing or does not take any step against it then this construction becomes liable for demolition.
- Our government has also made a platform to complain online against these types of illegal construction.
- Any individual can approach the police for help in these types of matters to prevent illegal constructions.
Requirements of Documents as Evidence:
We need to make a complaint with some proof so that we can provide support to the case or complaint. Such requirements are as follows:
- He or she has to provide the name, house, photo-id Aadhaar number and so on.
- These documents should be given to the Municipal Corporation as evidence and to check the authenticity of the case or complaint.
- Other necessary information and documents should be given to the Municipal Corporation which talks about illegal construction.
These types of documents are taken to prevent false complaints since many individuals file unnecessary or false complaints.
SC Guidelines on Illegal Construction and Building Rules:
- “The exercise of the power of demolition which affects the property of the citizens of this country must be exercised fairly and transparently.”
- “Cities and towns must be well planned and illegal structures must be demolished.”
- “Rule of law also envisages that illegal constructions which are constructed in violation of law must be demolished and there can be no sympathy towards those who violate the law.”
- “If a structure is an illegal structure, even though it has been demolished illegally, such a structure should not be permitted to come up again.”
- “If the Municipal Corporation violates the procedure while demolishing the building but the structure is illegal, some compensation can be awarded and, in all cases where such compensation is awarded the same should invariably be recovered from the officers who have acted in violation of the law.”
The above-mentioned points explain the guidelines of the Supreme Court relating to the matters or issues of illegal construction and building rules.
Illegal Construction and Building Rules under Different Statutes
The Kolkata Municipal Corporation Building Rules, 2009:
Prohibition of erection of Building without Building Permit (Rule 3): This illegal construction and building rules under rule 3 say that no one has to obtain permission to erect or re-erect alter or make any changes or additions to any building without obtaining a building permit from the competent authority (Municipal Commissioner) under the mentioned act and it also specifies that in certain cases a person is not required with building permit such as erection or re-erection or alteration of an internal partition wall, a parapet wall or cornice or chajja within his or her boundary (Parapet should not be more than 1.50 m in height and cornice or chajja should not exceed 60 cm), repairing of the staircase, painting and so on.
Building Notice (Rule 4): Rule 4 stipulates that individuals seeking to construct a new building or make alterations to an existing one must submit a written notice, along with the necessary documents, to the Municipal Commissioner for approval. The notice must adhere to the specifications outlined in Schedule I. For plots measuring 500 sq. m or less, the notice must include six sets of key plans, site plans, building plans, and general specifications. It is also essential to declare the authority to erect, re-erect, or alter the building. If the land exceeds 500 sq. m, the Urban Land (Ceiling and Regulation) Act will be applicable, requiring the accompanying no objection certificate from the competent authority, and so forth.
Building Permit (Rule 15): This rule speaks about the building permit which is framed according to the above-mentioned Rules, 2009 this building permit is issued by the Municipal Commissioner after his or her signature and it is said in this rule that the person who wrote an application to get building permit does not show proper and authenticated receipt of payment for the building permit to the Corporation as building permit fees then he or she will be served with no building permit. This building permit will be valid for 5 years and it can be renewed but it cannot exceed more than 10 years and so on.
Grounds for refusal (Rule 16): Rule 16 provides some grounds for refusal of sanction of a building and so on. This rule provides grounds for refusal such as – Says that if the building or work or use of the site for building contains any particulars in the ground plan or site plan which may violate the above-mentioned Act or Rules or any other rules or law then the authority can refuse to grant sanction of the building. If the notice does not contain the proper particulars or is not prepared under the rules mentioned above then it can refuse sanction of the building for the required purpose. It can also be refused if the layout plan is not sanctioned according to the rules mentioned. There are a few other grounds under which building sanctions can be refused according to the rules.
West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters), Act, 1993:
Registration and permission for construction (Section 3)— Section 3 says that any promoter who intends to construct a building in any area under this act must make an application to the competent authority or officer of the state government for registration of his name and to get permission to construct a building and this application should contain the details of the land along with site plan, nature of the title, sanctioned plan for the construction of a building, details of the owner of the land and promoter and so on. When the officer or competent authority finds that he is satisfied with the application and documents given to him for the necessary purpose then he provides registration and permission for the construction of a building.
Period of validity of the certificate of registration and cancellation thereof (Section 4)— This section says that the certificate of registration will be valid for 10 years from the date of issue of that certificate and the promoter can renew the registration certificate but it should not exceed 5 years, each renewable time should not exceed 5 years at a time and if the promoter violates any of the provisions of the Act then his registration should not be cancelled instead he should be allowed to be heard by the competent authority.
Period of validity of permission for construction of a building (Section 4A)– Here, it says that the permission given under section 3 to construct a building should remain valid for 5 years and if the promoter does not get his work done within this mentioned time then he can renew the permission for construction and it can be renewed for only 2 years after making application to get permission to the officer who deals with it and again if he is unable to complete his work then he can make an application to the state government for extension of permission to get his building completed and the government will offer the same for a period as it thinks fit.
Prevention of Illegal Construction in West Bengal
Overall, due to the increase in population, many buildings and houses have been constructed and this has led to illegal construction in West Bengal. However, if you know about illegal constructions and building rules, then you can file a complaint with the local municipal authorities and take steps to prevent such constructions. You may also consult a property lawyer to get a good solution for these types of disputes relating to illegal constructions and building rules in West Bengal. You may also check out Advocate Chenoy Ceil for more details.