Chapter 3Jurisdiction, Applicability and Procedural Requirements for Obtaining Building Licence

3.1 Jurisdiction of Building Bye Laws.- These Building Bye-Laws shall apply to the building activity in the State for all Municipalities in the State.

3.2 Applicability of Building Bye Laws.- These building byelaws shall be applicable to all building activities undertaken by private or Government agencies and read in conjunction with the Master plan /Metropolitan development plan or any other statutory plan in force, if any, and notifications, if any, with regard to the same and as amended from time to time and these building bye-laws may be reviewed after five years. Till such time the reviewed building byelaws are notified, these building byelaws will continue to be in force.

3.3 Applicability of Bye-Laws for all types of building developments.- Except hereinafter or otherwise provided, these Bye-Laws shall apply to all development, redevelopment, erection and/or re-erection of a building whether temporary or permanent as well as to the design, construction of, or reconstruction and additions and alterations to a building.

3.4 Applicability of Bye-Laws for Part construction.- Where the whole or part of a building is demolished or altered or reconstructed, except where otherwise specifically stipulated, these Building Bye-Laws shall apply only to the extent of the work involved.

3.5 Change of use or occupancy.- Where use of a building is changed, except where otherwise specifically stipulated, these Building Bye-Laws shall apply to all parts of the building affected by the change.

3.6.1 Damp Site.- Wherever the dampness of a site or the nature of the soil renders such precautions necessary, the ground surface of the site between the walls of any building erected thereon shall be rendered damp-proof to the satisfaction of the Authority

3.6.2 Minimum Size of Site.- The minimum size of sites for the construction of different types of building or different use groups shall be in accordance with provisions of the Zonal Regulations of the Master Plan.

3.6.3 Sanction for Building Sites.- The Building sites shall have sanction under Section 17 of Karnataka Town and Country Planning Act,1961 from the Planning Authority, wherever Local Planning Area is declared and from the jurisdictional officer of the Department of Town and Country

Planning wherever Local Planning Areas not declared, before sanction is accorded under these Byelaws.

3.6.4 Restrictions on use of land for construction of buildings.- No piece of land shall be used as a site for the construction of buildings under the following circumstances

(a) if the site is not drained properly or is incapable of being well drained;

(b) if the Authority considers that the site is insanitary or it is dangerous to construct a building on it;

(c) if the building is proposed on any area filled up with filthy and offensive matter without a certificate from the Health Officer and Municipal Engineer to the effect that it is fit to be built upon from health and sanitary point of view;

(d) if the owner of the land has not shown to the satisfaction of the Authority that all the measures required to safeguard the construction from constantly getting damp are being taken; and

(e) if it violates any provisions of Section 17 of Karnataka Town and Country Planning Act,1961 or any provisions of Zonal Regulations

Note: If the proposed use of the building on the plot does not conform to the land use proposals of the Master plan or Zonal Regulations, permission from the Planning Authority for the change of land use has to be furnished.

3.7 Reconstruction.- Permission under these byelaws shall not be given for reconstruction in whole or part of a building which has ceased to operate due to fire, natural collapse or demolition having been declared unsafe, or which is likely to be demolished by or under an order of the Authority as the case may be and for which the necessary certificate has been given by the Authority.

3.8 Existing approved building.- Nothing in these Bye-Laws shall require the removal, alteration or abandonment nor prevent continuance of the lawfully established use or occupancy of an existing approved building unless, in the opinion of the Authority such a building is unsafe or constitutes a hazard to the safety of adjacent property or to the occupants of the building itself.