Module IV:Building Byelaws and Easements - 07 Hours

a) Building bye laws: Introduction, importance of building bye-laws, various definitions,

building license, foundation and supervision certificate, colour codes plans and site plan,
Completion certificate (CC), setbacks and F.A.R. height limitations, parking, details for
residential and commercial buildings, division of plots and plot coverage.
b) National building code, purpose of NBC, building line, accessibility, residential lay-outs,
zoning regulations. Emerging Bye Laws: Environmental laws, Firefighting laws, Water
Harvesting, Solar energy, Wind energy.
c) Easements: various easement rights, protecting client’s interest with reference to easement
rights laws related to property and land: tenure of land, types of land holdings, land
registration, covenants, trespass and nuisance.
 IMPORTANCE OF BUILDING BYE LAWS:-

• Building by laws are made to ensure orderly development

of localities in urban areas so that every houses is assured
of good ventilation and no building affects the lighting and
ventilation of neighbours.
 Various Defenitions
• PART-1
• DEFINITIONS
• 2.2 ‘agriculture’ includes horticulture, farming, growing of crops, fruits, vegetables,
flowers, grass, fodder, trees of any kind or cultivation of soil, breeding and
keeping of live stock including cattle, horses, donkeys, mules, pigs, fish, poultry
and bees. The use of land which is ancillary to the farming of land or any purpose
aforesaid but shall not include the use of any land attached to a building for the
purpose of garden to be used along with such building; and ‘agriculture’ shall be
constructed accordingly.
• ‘basement storey or cellar’ means any storey, which is partly/wholly below the
ground level. The basement height should not project more than 1.25 metre
above the average ground level.
• ‘building line’ means the line up to which the plinth of buildings may lawfully
extend within the plot on a street or an extension of a street and includes the line
prescribed, if any, or in any scheme.
• common wall’ means
• a) a wall built on land belonging to two adjoining owners, the
wall being the joint property of both owners.
• b) if two adjoining owners build a dividing wall on their property
they are not common walls and no part of the footings of either
wall shall project on to the land of the adjoining owner, except
by legal agreement between the owners;
• c) any such ‘common’ or ‘dividing’ wall shall be considered for
the purpose of these bye-laws, as being equivalent to an
external wall as far as the thickness and height are concerned.
• ‘court yard’ means a space open to the sky, enclosed or partially
enclosed by buildings, boundary walls, or railings. It may be at
the ground floor level, or at any other level within or adjacent to
buildings.
• ‘covered area’ means area covered by building / buildings
immediately above the plinth level, but does not include the space
covered by
• (a) court yard at the ground level, garden, rocky area, well and
well structures, plant, nursery, water pool, swimming pool (if
uncovered) platform around a tree, tank, fountain, bench with
open top and unenclosed sides by walls and the like;
• (b) drainage, culvert, conduit, catch-pit, gully pit, chamber gutter
and the like;
• (c) compound or boundary wall, gate, un-storied porch and
portico, chejja, slide, swing, uncovered staircase, watchman
booth, pump house. The area covered by watchman booth/pump
house shall not exceed three square meters; and (d) sump tank
and electric transformer.
• ‘floor area ratio’ (FAR) is obtained by dividing the total covered area of all floors by the area of the plot.
Floor area includes the mezzanine floor also but excludes all open balconies, staircase, lifts, lobbies
and area used for car parking, ducts open to sky, pumps and generating rooms, electrical rooms, and
air conditioning plants.

• FAR = Total covered area(built-up area) of all floors

----------------------------------------
Plot area
• The difference between FAR and FSI is that the first is a ratio, while the latter is an index. Index
numbers are values expressed as a percentage of a single base figure. Thus an FAR of 1.5 is
translated as an FSI of 150%.
• ‘frontage’ means the measurement of the side of any site abutting the road.
• ‘garage’ means a structure designed or used for the parking of vehicles.
• ‘habitable room’ means a room occupied or designed for occupancy by one or more persons for study,
living, sleeping, cooking, eating, but does not include ------------------
bath rooms, water closet compartments, laundries, serving and storage pantries, corridors, cellars,
attics and spaces that are not used frequently or during extended periods,
• ‘head room’ where a finished ceiling is not provided, the lower side of the joists or beams or tie-beams
shall determine the clear head room.
• ‘height of building’ means the vertical distance measured, in the case of flat roofs from the average
level of the site to the top of the roof, and in the case of gable facing the street, the mid point between
the eave-level and the ridge. Architectural features, serving no other function except that of decoration
shall be excluded for the purpose of measuring height. Water tank, chimneys, lift room, stair case room,
and parapet are also excluded for the purpose of measuring height.
• ‘high-rise building’ means a building with ground floor+four or more floors above the ground floor.
• industrial building’ means a building wholly or partly used as a factory, for the manufacture of products
of all kinds including fabrications and assembly power plant refinery, gas plant distillery, brewery, dairy,
factory, workshop etc.
• ‘loft’ means a space above the floor level, which may be constructed for storage purposes.
• ‘mezzanine floor’ means an intermediate floor between the ground floor and first floor only. The area of
mezzanine floor shall not exceed 1/3 of covered area of ground floor.
• ‘penthouse’ means a covered space not exceeding 10 square metres on the roof of a building which
shall have at least one side completely open without any partition.(A penthouse is the uppermost floor
of a high-rise residential building. ... Usually, they have a number of unique luxury features like spacious
living spaces and large terrace spaces.)
• ‘public and semi-public building’ means a building intended to be used either ordinarily or occasionally
like church, temple, mosque or any place of public worship, college, school, library, theatre and by the
public such as offices of State or Central Government or Local authorities, for cultural activities, public
concert room, public hall, hospital run by public institutions, public exhibition hall, lecturer room or any
other place of public assembly
• ‘road width’ means the distance between the boundaries of a road including footways and drains
• ‘room height’ means the vertical distance measured between the finished floor surface and the finished
ceiling surface. Where a finished ceiling is not provided, the under side of the joists or beams or tie-
beams shall determine the upper point of measurement.
• ‘registered architect/engineer /supervisor means a qualified Architect /Engineer /Supervisor
registered by the Authority.
• ‘row housing’ means row of houses with minimum three dwelling units attached to each other by a
common wall with only front and rear open spaces.
• ‘semi detached building’ means a building on two plots attached to each other by a common or adjacent
wall with open spaces (set backs) on three sides.
• ‘set back line’ means a line prescribed under these bye-laws beyond which nothing can be constructed
towards the plot boundary except those not included under the definition of coverage.
 SEMI –DETACHED HOUSE

SEMI DETACHED HOUSES---Min. combined area of plot----50

sqm.
In case of joint application by owners of two adjacent plots, the
request should be considered under these provisions without
insisting amalgamation of plots.
ROW HOUSING---Min. combined area of plot----90 sqm.
Owners of continuous plots may apply jointly and may be
considered under these provisions without insisting on
amalgamated khata.
• PART-2
• 3. BUILDING LICENCE
• Application and documents to be submitted with the application. Every person who intends to erect or re-
erect or alter a building, including temporary structures for the purpose of exhibitions, trade fair or circus
or execute any of the works other than repairs, shall give an application in writing to the Authority in the
Form set forth in Schedule II and such application shall be accompanied by plans, documents and
information as required hereunder.
• Title deed/possession certificate - A copy of the title deed or possession certificate of the property
• Property card and latest assessment book extract –
• Up to date tax paid receipt - The receipt for having paid up to date property tax to the Corporation.
Previously sanctioned plan - Attested copy of the previously sanctioned plan if the application is for
addition/alteration/modification to the existing building. If the applicant for any reason cannot produce the
previously sanctioned plan of the existing building, then in such cases the plan of the existing building
along with site plan, etc., will have to be submitted.
• Drawings - The following drawings in ammonia prints. one drawing on tracing cloth / polyester tracing film shall
be enclosed in addition to the ammonia prints.(5 copies).
• Site plan - Site plan drawn to a scale of 1:500 for sites of area up to one hectare and 1: 1000 for sites of area
more than one hectare. The site plan shall indicate the following, namely:- (a) title of drawing consisting of the
property number of the site name of the block, street or road in which the site is situated, number of the site if
situated in an approved layout, and reference number of such approval with the use of the building; (b) the
boundaries of the site and of any contiguous land belonging to the owner hereof; (c) the north direction relative to
the plan of the building; (d) the name and description of the adjacent roads, street, or lanes, if any with the width
thereof; (e) the position of the adjacent plots whether vacant or built up; (f) the area to be occupied by the
proposed building and the set backs proposed for proper air and ventilation;
• Building plan - Building plan drawn to a scale of not more than 1:100 showing the following particulars, namely
(a) floor plans of all floors indicating north line and the various parts of the building, sizes of rooms, position of
stair-cases and lifts, machine rooms, ramps etc., in detail along with street elevation;. (b) use or occupancy of all
parts of the building; (c) exact location of essential services viz., water closets, baths, sinks, etc; (d) sectional
drawing showing sizes of footing, thickness of walls, spacing of columns, thickness of roof slab, height of rooms,
height of parapet, drainage and slope of the terrace roof details of staircase showing tread, rise and Landing
width, railing, etc; (e) details of ventilation of all rooms; (f) open spaces or yards inside or surrounding the
buildings; (g) sewerage arrangements; (h) the schedule of all doors, windows, and ventilators showing size and
numbers;
• Dimensions of projected portions beyond the walls like chajja, balcony, canopy, etc;
• In case of basement floor, position of the ramp with respect to the entrance, with a slope not
exceeding 1 to 10, arrangements for vehicular parking as per standards laid down in byelaw
indicating the entry, exit of vehicles,
• such other particulars like, site area, plinth area of buildings, areas of each floor and total floor area
building coverage, total height of building,
• licence fee receipt – Receipt, Indemnity bond on stamp paper as prescribed by the Authority.
• Foundation certificate - Foundation certificate which certifies the fitness of foundation to
bear the additional building load in respect of old buildings above which new floors are
proposed to be added which is issued by a Registered Architect/Engineer/Supervisor
specified in the bye-laws.
• Supervision Certificate - A certificate in the form given in by the competent Registered
Architect/Engineer/Supervisor who shall be undertaking the supervision.
• Preparation and signing of plans - All the plans shall be duly signed by the owner or his
legally authorised agent and also by the registered Architect/Engineer/Supervisor and shall
indicate their names and addresses, qualification and the registration number allotted by
the Authority.
 COLOURING OF PLANS (CHECK with latest regulations)
• PLOT LINES-----THICK BLACK
• EXISTING STREET----GREEN, FUTURE STREET---DOTTED GREEN
• BUILDING-----THICK BLACK DOTTED
• EXISTING WORK----BLUE
• PROPOSED TO BE DEMOLISHED----YELLOW HATCHED
• PROPOSED WORK-----IN RED FILLED(ITEM NO-8)
• DRAINAGE AND SEWERAGE-----RED DOTTED
• WATER SUPPLY-----BLACK THIN DOTTED
• Item No.8 does not apply, in case of an entirely new construction on the site.

COMPLETION CERTIFICATE :
Awarded by a local development authority or municipal corporation, a completion certification (CC)
is a mandatory legal document. A CC attests that a new building has been constructed in
accordance to all the safety norms and regulations of the Buildings Act 2004.
Setbacks: P.NO.16

1.50

1.00
1.00
P.NO. 10
P.NO.12 P.NO.11

A B
2.00

9.00 R O A D

SITE PLAN
1:500
• The front and rear setback shall be with reference to depth of the site. The left and
right set backs shall be with reference to width of the site.
• Where the building lines are fixed, in such cases, the front set back or the building line
whichever is higher of the two shall be considered as the set back to the building in the front.
• In case of corner sites, both the sides facing the road shall be treated as front side.
• In case of sites facing roads both in front and rear, both the sides should be treated as front
and the set backs be applied accordingly.
• In case where the plinth of the building is not parallel to the property line, the set
backs shall not be less than the specified set backs at any given point on any side.
• In case of buildings which are exiting prior to coming into force of these regulations, upper
floors may be permitted considering the existing set backs only (without insisting present set
backs) but limiting the FAR as per the present regulations.
• The left and right set backs may be interchanged in exceptional cases due to existing open
well, trees and also the topography of the land.
• For garages, no side or rear set back is to be insisted. One upper floor not
exceeding 3 meters in height shall be permitted provided there are no openings
towards neighbouring buildings but at least one opening for light and ventilation is to
be provided towards the owner’s property.
• Garages to be permitted in the rear right hand corner of the plot. In case of buildings
constructed or sanctioned prior to the enforcement of these regulations, where space
is not available on the right side, it may be permitted on the left side provided minimum
set back exists in the adjoining property or the left side.
• In case of corner plots, the garage shall be located at the rear corner diagonally
opposite to the road intersection. The maximum width of the garage shall not exceed 4
meters.
• The garages shall not be constructed or re-constructed within 4.5 meters from road
edge. This may be relaxed in cases where the garage forms part of the main building
with minimum set back for that plot.
FAR – Floor Area Ratio
Floor area ratio (FAR in real estate) or floor space index (FSI) denote the maximum floor space that can be
constructed on a piece of land. FAR in real estate is a ratio between a building’s total constructed floor area and the
land area. Going forward in the article, we have mentioned about the floor space index, the floor area ratio formula
that can be used for calculation purposes.
• What is the formula for floor area ratio? How is Floor Area Ratio calculated?
• Floor area ratio is basically the ratio between the total covered area of all floors of a building to the plot area.
• For example, if for a particular plot area of 10,000 square metres, a floor space index (FSI) of 1 is allotted, then, a
construction of 10,000 square metres would be allowed for the project.
• Similarly, if the floor space index -FSI is 1.5 and you have a land of 1,000 sq ft, then, you can build up to 1,500 sq
ft of covered structure. The FAR calculation formula is quite simple:
• Plot Area x Floor Space Index = Built-up area

FAR Formula:
​Floor Area Ratio = Total Built-up Area of floors ( Excluding Basement)
Total Plot Area
Examples:
1. Calculate the FAR of a building having 3 floors built over 1200 sq ft. plot area. The area of each floor is 650 sq ft.
FAR = [total floor area ➗ area of plot]
Here, the total floor area
= [area of each floor х no. of floors]
= [650 sq ft. х 3 nos.]
= 1950 sq ft.
FAR = [ 1950 sq ft. ➗ 1200 sq ft.]
FAR = 1.625

2. Calculate the total floor area of the building which you can construct over the plot of size 50ft.х 80ft. The
permitted FAR of that particular city is 2.
FAR = [total floor area ➗ area of plot]
2 = [ total floor area ➗ (50ft. х 80 ft.)]
Total floor area = [2 х (50ft. х 80 ft.)]
Total floor area = 8000 sq ft.
3. A plot owner wants to construct a building having 4 floors over the plot area of 4000 sq ft. The FAR of the
locality is 2.5. What will be the covered area of the building, if all the floors are constructed having the same
area?
The total floor area that can be constructed
= [FAR х plot area.]
= [ 2.5 х 4000 sq ft.]
= 10,000 sq ft.
• The height limitation of the building shall be governed by the limitation of
the FAR, coverage, setbacks and the width of the street facing the plot
• If a building abuts two or more streets of different widths, then the height of
the building shall be regulated according to the width of the wider road.
• For buildings within the landing and take off zones of air craft in the vicinity of
aerodromes, the maximum height of the building shall be as permissible as
per airport authority rules.
• The following appurtenant structures shall not be included in the height of the
building.

• Water tanks and their supports, equipment's for ventilation, air-conditioning

and similar services, lift rooms, roof structures like; staircase room, pent
house, chimneys, parapet walls and other architectural features.
• The height of parapet wall and architectural features shall not exceed 1.0
meter and the height of other structures shall not exceed 4.50 meters for
claiming the height exemption.
Parking:
PARKING REGULATIONS A. Parking space standards:
1. Each off-street parking space provided for vehicles shall not be less than (3.0 x
6.0 m) 18.00 sq m area.
2. The minimum width of the driveway shall be 2.5m wide.
3. For building of different uses, off-street parking spaces for vehicles shall be
provided as stipulated below.
4. For each motorcycle and scooter, the parking space provided shall not be less than 1.50m x 2.00m i.e.
3.0 sq. meters.
1. Additional parking for part area shall be provided when the part area exceeds 50% of the prescribed limits and standards.
In addition 10% of the total car parking shall be reserved for two wheelers.

2. Off- street parking space shall be provided with adequate vehicular access to a street, and the area of drive aisles and
such other provision required for adequate maneuvering of vehicles shall be exclusive of the parking spaces stipulated in
these Regulations;

3. Parking may be permitted in the setback areas, provided a minimum of 3.0m shall be left free from the edge of the
building in case of G+3 floors and a minimum of 6.0m in case of buildings which are more than G+4 floors or more .

4. When multilevel car parking (MLCP) is proposed on a plot as independent activity, there shall not be any limitation for FAR
or height of the building subject to condition that they satisfy Fire and Airport authority restrictions wherever applicable;

5. Parking provision through building on Stilts: i. Stilt parking if enclosed, it shall be considered for reckoning of FAR;
Belgaum Master Plan-2021 (Revision-II) 50 ii. When stilt parking is provided the height shall not exceed 3.0m from the
floor to the bottom of the roof slab / beam / ceiling (whichever is less) and the height shall be considered for calculating
the total height of the building.
NBC
PURPOSE OF NBC.
The National Building Code of India (NBC), a comprehensive building Code, is a national instrument providing guidelines
for regulating the building construction activities across the country. It serves as a Model Code for adoption by all
agencies involved in building construction works be they
Public Works Departments, other government construction departments, local bodies or private construction agencies.
NBC TO IMPLEMENT DEVELOPMENT CONTROL RULES AND GENERAL BUILDING REQUIREMENTS TO ENSURE HEALTH
AND SAFETY OF THE PUBLIC.
IMPORTANT TERMINOLOGIES
• ACCESSIBILITY - A clear approach to a plot or building
• BACK TO BACK CLUSTER - clusters when joined back to back
• BUILDING- any structure constructed for human habitation or not which includes foundation, plinth, walls, floors, roofs,
verandah, balcony, building services etc. except temporary structures like tents, tarpaulin shelters, shamianahs etc.
• CUL-DE-SAC- space created at dead ends in lay out of plots for vehicular(especially cars) turns. Plots extending 150 m to 275
m with additional turning space at 150 m will be allowed only in residential area, with sufficient turning radius not less than
81 sq.mtr.

• FIRE SEPARATION -the distance measured from external wall to external wall of other building or set back line.
• BUILDING LINE - the line up to which plinth of a building can extend. The building line may change from time to time as
decided by authority for future expansion of a road.

• CARPET AREA - usable area in rooms at any floor measured from wall to wall above skirting level.
• COVERED AREA -Only ground floor covered by the building above the plinth level
BUILDING LINE
 IMPORTANT TERMINOLOGIES-contd.
• F.A.R. - total area of all the floors (excecpt basement)divided by area of the plot.
• COVERAGE- plinth area of ground floor divided by total area of plot expressed in percentage. (generally 50 % is allowed)
• LOFT- intermediate storage space between floors with maximum height of 1.5 meters.

• MEZZANINE FLOOR- intermediate floor between two floors forming an integral part of floor below.
• ROOM HEIGHT- vertical distance from finished floor level to finished ceiling surface.
• OPEN SPACES/SET BACKS

• Open space on front side- space between front of the building line andfront boundary of the plot.

• Open space on rear side- space between rear of the building line and rear boundary of the plot.
• Open space on right and left side-same as above.

• NOTE : Right side—when you stand in front of site your back facing the site –your right hand indicates right side of the plot
and left hand left side of the plot
SAFETY AGAINST EARTH QUAKE
Building with ground + four floors and above or buildings with ht. of 15 m and above shall be designed adopting the norms
prescribed in the NBA.
FACILITIES FOR PHYSICALLY HANDICAPPED Public and semi public buildings having covered area of 300 sqm. And above shall
be designed to provide facilities to the physically handicapped persons as per regulations.
 RESIDENTIAL LAYOUTS

• Not more than 55% of the total area for residential sites.
• 45% of the total area shall be reserved for roads, parks and playgrounds, civic amenities(appurtenant area)
• Out of 45% area parks and playgrounds shall not be less than 10% .
• In residential layout max. of 2% of the total area may be reserved for commercial use within 55% area and shall abut a road of
min. width of 12 m.
ZONING REGULATIONS
• RESIDENTIAL
• COMMERCIAL (RETAIL BUSINESS)ZONE
• INDUSTRIAL ZONE
• PUBLIC AND SEMI PUBLIC USE
• PARKS, OPEN SPACES AND PLAYGROUNDS
• TRANSPORT AND COMMUNICATION
• GREEN BELT(AGRICULTURE ZONE)

• RESIDENTIAL
• Uses that are permissible
Dwellings, hostels, public worship, schools up to higher secondary, libraries, p&t offices, micro wave towers,
Govt. cash counters, semi- public recreational uses, milk booths, tailoring, laundry etc.
• Uses that are permissible under special circumstances
state and central Govt. offices, banks, clubs, community hall, colleges, cemeteries, hospitals, nursing homes, fuel
storage and filling stations, computer offices, coffee grinding machines (up to 5 hp), flour mills (up to 10 hp),
consulting rooms(up to 20 sqm. Only in G.F.), commercial area of not exceeding 2% of total area of residential
layout.
• COMMERCIAL (RETAIL BUSINESS)ZONE
• Uses that are permissible :
offices, residences, shops, hotels, clubs, printing press, entertainment, community halls, convention centers, boarding and
lodging, sign boards/ hoardings, place of worship, schools, colleges, hospitals, nursing homes, libraries, govt. offices, filling
stations, service industries, ware houses, banks, cinema theaters, computer centers etc.
In short all uses permitted under special circumstances in residential zone.
• Uses that are permissible under special circumstances:
Automobile workshops, garages, service industrial establishments with not more than 20 HP.
• INDUSTRIAL ZONE
• Uses that are permissible
• all uses permitted and permissible in special circumstances in commercial zone with no power limitations for industries plus
garbage and sewage disposal.
• Uses that are permissible under special circumstances
• Junk yards, diary and poultry farms, ice plants, cold storage, sports and recreational uses.
• PUBLIC AND SEMI PUBLIC USE:
• Uses that are permissible
• Govt. offices, courts, police stations, community halls, t.v. station, convention and exhibition centers, high tension sub
stations, gas installations, microwave towers, fire fighting stations, banks, filling stations, hotels, restaurants, staff
quarters.
• Uses that are permissible under special circumstances-
• Govt. printing press, parking lots, repair shops, stadium, cemeteries, clubs, canteens, planetarium, aquarium,
horticulture nursery and swimming pools.
• PARKS, OPEN SPACES AND PLAYGROUNDS
• Uses that are permissible-
• Sports grounds, stadiums, playgrounds, parks, swimming pools, garden and amusement paarks.
• Uses that are permissible under special circumstances –
• OATs, indoor recreational uses, canteens, libraries, Govt. dispensaries, milk booths, cemeteries and crematoria.
• TRANSPORT AND COMMUNICATION

• Uses that are permissible -

• Railway station and yards, bus stand and bus shelters, parking areas, airport, telegraph offices and exchanges, T.V.
stations, microwave stations, transport offices, showrooms, shops, restaurants and hotels supporting above activities.
• Uses that are permissible under special circumstances-
• Boarding and lodging, bank counters, clubs and indoor recreational facilities.
• GREEN BELT(AGRICULTURE ZONE)

• Uses that are permissible –

• agriculture, horticulture, dairy and poultry farming, milk chilling centers, farm houses (200 sqm.) brick kilns, parks,
gardens, orchards, nurseries, filling stations, weigh bridges and check posts, sport complex, water sports and
amusement parks
Uses that are permissible under special circumstances
• Places of worship, schools, colleges, hospitals, libraries, sport clubs, stadium, cultural buildings, exhibition centers etc.
EMERGING BYE LAWS---Environmental laws, Fire fighting laws, Water
Harvesting, Solar energy, Wind energy etc.
• The need for protection and conservation of environment and sustainable use of natural resources is reflected in the
constitutional framework of India and also in the international commitments of India. It casts a duty on every citizen of
India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion
for living creatures.
• Environmental laws
The six laws related to environmental protection and wildlife are:
• The Environment (Protection) Act, 1986;
• The Forest (Conservation) Act, 1980;
• The Wildlife Protection Act, 1972;
• Water (Prevention and Control of Pollution) Act, 1974;
• Air (Prevention and Control of Pollution) Act, 1981 and
• The Indian Forest Act.
• Some of the important legislations for environment protection are as follows:
• The National Green Tribunal Act, 2010
• The Air (Prevention and Control of Pollution) Act, 1981
• The Water (Prevention and Control of Pollution) Act, 1974
• The Environment Protection Act, 1986
• The Hazardous Waste Management Regulations, etc.
Some of the important legislations for environment protection are as follows:

• The Air (Prevention and Control of Pollution) Act, 1981

• The Air Act seeks to combat air pollution by prohibiting the use of polluting fuels and substances, as well as by regulating
appliances that give rise to air pollution.
• The Water (Prevention and Control of Pollution) Act, 1974
• The Water Act prohibits the discharge of pollutants into water bodies beyond a given standard, and lays down penalties for
non-compliance. At the Centre, the Water Act has set which lays down standards for the prevention and control of water
pollution.
• The Environment Protection Act, 1986
• The term "environment" is understood in a very wide term of the Environment Act. It includes the interrelationship which
exists between water, air and land, and human beings, other living creatures, plants, micro-organisms and property.
• The Environment Protection Act establishes the framework for studying, planning and implementing long-term
requirements of environmental safety and laying down a system of speedy and adequate response to situations
threatening the environment.
• Hazardous Wastes Management Regulations
• Waste which, by reason of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics,
causes danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or
substances.

• The Wildlife Protection Act, 1972

• The Wild Life (Protection) Act, 1972 was enacted with the objective of effectively protecting the wild life of this country and
to control poaching, smuggling and illegal trade in wildlife and its derivatives
• The Forest Conservation Act, 1980

• It strictly restricts and regulates the de-reservation of forests or use of forest land for non-forest purposes
• The National Green Tribunal Act, 2010
• With increasing environmental degradation and climate change the Tribunal is tasked with providing effective and
expeditious remedy in cases relating to environmental protection, conservation of forests and other natural resources and
enforcement of any legal right relating to environment.

• Giving relief and compensation for damages to persons and property

FIRE FIGHTING LAWS

• With the increasing number of fire accidents in the country, developers must give ample heed to the construction
designs and abide by the various fire safety norms documented in the National Building Code (NBC). Here are some
rules and regulations laid down in the NBC to prevent fire casualties in high-rise buildings in India.
• Fire-fighting measures
• Water storage in the form of underground water should be made available in the buildings at the rate of 1,000 litres
per minute. Automatic sprinklers should also be installed in the basements used for car parking.
• Every building with a height of more than 25 metres should have diesel generators which can be used for controlling
fire in the case of power failure.
• Lift norms
• Apart from the regular lifts used by the residents, high-rise buildings should comprise separate lifts exclusively for
firemen in case of an emergency. The speed of the fire lifts should be higher than the regular elevators. The speed
should be such that the firemen could travel from the ground floor to the top level within a minute.
• Dangers to avoid: According to the code, “Every building shall be constructed, equipped, maintained and
operated as to avoid undue danger to the life and safety of the occupants from fire, smoke, fumes or panic
during the time period necessary for escape.”
• Rules for exits: Under the code, while doorways, corridors, passageways are defined as exits, elevators are not
kept in that category.
• Mandatory fire safety drills: As fire may cause a serious issue in the case of high-rises, unless a plan for
orderly and systematic evacuation is prepared, fire drills should be conducted at least once in three months in
high-rise buildings during the first two years of its construction, says the National Building Code 2005. After
that, such drills have to be conducted once in six months.
• Fire detection and alarm systems: In buildings of large sizes where a fire may not itself provide adequate
warning to the occupants, automatic fire detection, and alarm facilities are a must.
• Installation of fire extinguishers: Based on their occupancy, use and height, all buildings have to be protected
by fire extinguishers, wet risers, automatic sprinkler installations, water sprays, etc.
 RAINWATER HARVESTING
• In India, rainwater harvesting has been in practice for more than 4000 years. It is basically a simple process of accumulating
and storing of rainwater. Rainwater harvesting systems, which has been applied as a supply for drinking water, water for
irrigation, and water for livestock.
• In view of critical shortage of water, conservation of water by rain water harvesting and by use of recycled water shall be
made which includes storage or recharging in to ground of rain water falling on the terrace or any paved or unpaved surface
within the building site.
• What Is RWH?
• It’s a simple, indigenous technology being practiced in India for centuries. The concept involves collection of rain water, either
in natural reservoirs or in constructed tanks. RWH helps in achieving self-sufficiency in water, raises ground water level,
Improves ground water quality and helps to reduce soil erosion. It is a less expensive and easy to maintain.
• Why Rain Water Harvesting?

• India faces a turbulent water future. Unless current inefficient water management practices are changed, India will face a
severe water crisis in coming decades. It will not have sufficient water available for its growing Economy and rising
population.

• Rain Water Harvesting can be implemented at minimal cost for all constructions by adopting RWH system in the planning and
initial stages of construction.
Industries and factories can certainly implement RWH system, since large roof areas are usually available for roof top
rainwater harvesting.
For building facing acute water shortage and meeting the water demand through tanker water; RWH system substantially
reduces dependency on tanker water.
 Basic Scheme of RWH

• Water flowing from the terrace area of the structure, surface area of the ground in the rainy season shall be channelized
through the pipes and storm water drain and collected in the percolation pits. Through the percolation pits the existing and
proposed bore wells / ring wells will get recharged and the water can be available for use throughout the year.
• Rainwater harvesting (RWH) is a simple method by which rainfall is collected for future usage. The collected rainwater may be
stored, utilised in different ways or directly used for recharge purposes. Capturing the rainwater can help recharge local
aquifers, reduce urban flooding and most importantly ensure water availability in water-scarce zones. This water conservation
method can be easily practiced in individual homes, apartments, parks, offices, temples etc.

• Farmers have recharged their dry borewells, created water banks in drought areas, greened their farms,
increased sustainability of their water resources and even created a river. Technical know how for the rooftop RWH with
direct storage can be availed for better implementation.
 SOLAR ENERGY, WIND ENERGY
• India becoming a global force in wind energy and solar power
• India is slowly inching towards becoming a major force in the world for tapping and harnessing renewable energy with an
increase of 226% in installed renewable energy capacity over the last five years across the country. India stands 5th globally
in terms of installed renewable energy capacity.
• India’s total solar power capacity alone has increased by more than 11 times since the last five years. From 2014 to June
2020, the solar power capacity of India has increased from 2.6 Giga Watts (GW) to 38 GW.
• Gigawatts measure the capacity of large power plants or of many plants. One gigawatt (GW) = 1,000 megawatts = 1
billion watts.
• The increase in the solar power capacity started since 2014-15 after the Narendra Modi government revised the target of
harnessing solar power across the country. The previous UPA government had set a target of achieving 20,000 MW of grid
connected solar power by 2022, which was revised by the Modi government in 2015 to 1,00,000 MW of grid connected solar
power. The capacity had been proposed to be achieved through the deployment of 40,000 MW of rooftop solar power
projects and 60,000 MW of large and medium scale solar power projects.

• Some states like Andhra Pradesh, Tamil Nadu, Karnataka, Gujarat, Telangana and Rajasthan have topped the list of states with
the highest capacity installed solar power projects in the country.
• As per the “Bridge to India” (a renewable Energy think tank) report of 2020, the total rooftop installed solar power capacity
of India stood at 5.5 GW, including the installed solar power projects on residential buildings.

• The report also says that India has one of most competitive and lowest per unit cost of solar power in the world. Per unit
cost of solar power in India is roughly around Rs 2.47.
• The “Bridge to India” report also shows that India is likely to add 60 GW of renewable energy capacity in the next five years
including wind power, solar and hydro power projects.
• States like Gujarat, Maharashtra, Karnataka and Tamil Nadu are the states that have shown significant interest in installing
wind power energy capacity in the country.
• The southern state of Tamil Nadu tops the list with ~9.3 GW of cumulative wind installations, representing a 25% share of
the total installed capacity in India as of Q1 2020. Since 2016 to 2019, Tamil Nadu has been the leading wind installer in the
country.
• Wind power generation capacity in India has significantly increased in recent years. As of 30 September 2020, the total
installed wind power capacity was 38.124 GW, the fourth largest installed wind power capacity in the world.
• Electricity generation
• Wind power accounts for nearly 10% of India's total installed power generation capacity, solar power is complementary to
wind power as it is generated mostly during the non monsoon period in daytime.
• A Wind Turbine Now For Homes in India. Avant Garde innovations (AGI), a startup, has promised of an
affordable wind turbine that can be used in houses to generate daily electricity needs and may cost around INR50,000.
• Wind power is a clean energy source that we can rely on for the long-term future. ... One wind turbine can be sufficient to
generate energy for a household. Because wind is a source of energy which is non-polluting and renewable,
the turbines create power without using fossil fuels.
• The minimum cost of installation works out to Rs 1 crore for a 250 kw wind turbine. Thus, an individual will have to bring in Rs
30-35 lakh upfront, while the balance can be funded through bank loans.
• Various Disadvantages of Wind Energy
• The wind is inconsistent. ... Wind turbines involve high upfront capital investment. ...
• May reduce the local bird population. ... Wind turbines are prone to noise disturbances. ...
• Installation can take up a significant portion of land. ... Wind turbines can be a safety hazard.
• installation.
• Advantages of Wind Power: • It is one of the most environment friendly, clean and safe energy resources.

• Equipment erection and commissioning involve only a few months.----• There is no fuel consumption,
• hence low operating costs. For a wind farm, the capital cost ranges between

• 4.5 crores to 5.5 crores, depending on the site and the wind electric generator (WEG) selected for

• Jaisalmer wind park

• The 1,600MW Jaisalmer wind park is India's biggest wind farm. Developed by Suzlon Energy, the project features a group
of wind farms located in the Jaisalmer district of Rajasthan, India

• You don’t need the type of enormous turbines you see on wind farms to generate green energy for your
home. A propeller as small as a trash can lid can take a big bite out of your home energy bills, so long as
it’s installed in a sufficiently windy area.
• Professional installation is key here as well, both to ensure the turbine is safe and to place it where the wind will
reach it. And just as with solar panels, you have to use it or lose it when you generate energy from wind turbines.
• Solar and Wind Hybrid Systems
• If you have sunny days and windy nights, a hybrid solar and wind system may be perfect for your home. The
combination makes it more likely that your home will generate electricity round the clock, so you could
theoretically disconnect from the grid entirely with the addition of a home battery.
• Solar Water Heaters

• If a full solar panel system is out of your price range but you still have some sunny real estate on your roof, a solar water
heater is a less expensive way to capture some free energy. With most solar water heaters, the tank itself is stored on the
roof as part of the installation, which gives it a bulkier look.
• Karnataka
• Karnataka tops the list of states with the highest installed solar power generation capacity in the country. The state's total
solar capacity at the end of 2018 stood at 5,328 megawatt (MW).
• Solar power in India is a fast developing industry. The country's solar installed capacity was 35,739 MW as of 31 August
2020. The Indian government had an initial target of 20 GW capacity for 2022, which was achieved four years ahead of
schedule.
 EASEMENTS:
EASEMENTS ( Easements Act 1882 )
An easement is a right which the owner of a land possesses for beneficial enjoyment of the land. i.e.
1. to do and continue to do something or
2. to prevent and continue to prevent something from being done in or upon
in respect of other land not his own.
A huge screen erected at the boundary just facing the building of the neighbor whereby the air and light of the said neighbor’s
building are affected , the occupants find the rooms uncomfortable . That is the RIGHT connected with the enjoyment of the
immovable property known as EASEMENTS and these first found recognition under Roman Law known as SERVITUDES.
• EX : 1. ' A ' and ' B ' are neighbors.( A on the front side and B on the rear side )
Owner 'B' has a right of way over 'A'---------------------------- This is an easement.
2. ' B ‘has the right to go to ' A ' and take or fetch water -------This is an easement.

• DOMINANT HERITAGE ---- (B)The land for the beneficial enjoyment of which the right of easement exists . In other
words B is entitled to claim certain concessions from the owner of the servient heritage.
• SERVIENT HERITAGE ------(A) The land on which beneficial enjoyment of the easement is imposed. The owner
has to sacrifice part of his right and ownership of land to the dominant owner.
• Actual owner---still he becomes “ subordinate “ since he has to sacrifice easement rights.
• ‘A’ ---servient heritage----since easement rights are imposed on him---i.e. he must allow right of passage to ‘B’ or
allow him to fetch water if it is common.
• VARIOUS EASEMENT RIGHTS: 1. Natural rights. 2. Customary rights.
1. NATURAL RIGHTS : These rights arise out of geographical configuration and natural situation of the property , e.g. owner
staying at a higher level can discharge surplus water on to a neighbour's land at lower level.(this is a natural right not an
easement though it resembles an easement right )
• SOME OF THE NATURAL RIGHTS
a. To receive air and light freely.
b. To receive light which falls vertically on the land and not through adjacent plot.
c. No right to pollute the air.
d. Right of support to land in its natural conditions.
e. Right to drain water (not polluted)from higher plot to lower plot.

2. CUSTOMARY RIGHTS : These are rights arising out of customs, vested in favour of particular village
or members of certain caste. i.e. Right to bury the dead at a certain burial ground or to have a holi
or diwali festival on a certain piece of land.
• IMPORTANT EASEMENTS
1. EASEMENT OF AIR LIGHT : Right to use and enjoy light and air from the adjoining property.
2. EASMENT OF WAY : Right of excess from the adjoining property.
3. EASEMENT OF DRAINAGE AND WATER SUPPLY : Right to run and maintain water and drain pipes through neibour's property.

4. EASEMENT OF WATER COURSE : Right of flow of water. ( right to drain rain water from higher level to lower level but not polluted
water )
5. EASEMENT OF SUPPORT : Right of support for a building. ( right to support his land in natural
conditions—i.e. adjoining owner digs the pit and fills it with water which might as well affect the
foundation or weaken the support )
• DISTURBANCE OF EASEMENTS
• When the peaceful enjoyment of the easement rights acquired by dominant tenement is interfered with, it is known as the
DISTURBANCE OF EASEMENT RIGHTS. He might as well be your client.
• SAFEGUARDING YOUR CLIENT

• SOLUTION: Approach court and bring an injunction and claim for damages depending upon the obstruction and nature of
damage. But dominant heritage has to prove that --

 light has been materially curtailed

 the action has made the property not fit for living
 unable to carry out his profession
 substantial damage has been caused
• PROTECTING OR SAFEGUARDING THE INTEREST OF THE CLIENT SO THAT EASEMENTS RIGHTS ARE NOT AQUIRED.
• Example : Neigbour having a building will start enjoying air and light from open plot of your client or if both have buildings
neighbour might build additional floors providing openings /openings and start enjoying air and light from your client’s
property wherein the building is at lower level.If these are not checked in time ( within 20 years) it might result in prescriptive
right. It becomes very difficult for your client to develop his property since neighbour might take objection having acquired
easement rights.
• SOLUTION :
• 1. Most reasonable solution would be to enter into an agreement with the neighbour in which it should
be clearly mentioned that no easement rights are claimed by the neigbour
2. But if allowed to enjoy air and light he should be made to pay nominal fees and further neigbour
should not take any kind of objection when your client wants develop his property.
3. If both the above solutions do not work then only course of action is to erect either temporary or
permanent screens of either timber or C.I. sheet so as to block the air and light of the neighbor's window.
Laws related to Property and Land: Land tenure, types of land holdings, land registration, easement rights,
covenants, trespass and nuisance etc.

LAWS RELATED TO PROPERTY AND LAND :

EARLIER LAND TENURES OF INDIA
There were three main types of land tenures in India on the eve of Indian independence.
They are:
1. The Zamindary System: The Permanent Settlement
2. The Ryotwari System
3. The Mahalwari System or the Communal System.

1. THE ZAMINDARY SYSTEM: The Permanent Settlement: once -for-all settlement with the zamindars for the collection of land
revenue. The settlement with the zamindars, and not with the cultivators, Hence the name Permanent Settlement (PS). The
landlords, in their turn, were entrusted with the responsibility of collecting rent from the cultivators. Thus the zamindars were
used to act as intermediaries between the cultivators/ ryots and the state. Zamindar, in India, a holder or occupier (dār) of land
(zamīn)
• 2. THE RYOTWARI SYSTEM:

• This new system proceeded to make a revenue settlement directly with the ryots or cultivators, not permanently, but
temporarily. In theory, as the ryotwari system bypassed intermediaries, it was a better arrangement from the point of the
royts as it appeared to favour ‘peasant proprietorship’ rather than the permanent zamindari settlement.

• Further, being the proprietor of land, it was expected that the ryots would make permanent improvement of land.

• The condition of the ryots was very miserable under any system of land tenure—PS or the ryotwari system. Because of the
insatiable demand for higher and higher revenue assessments,(made by surveyors) the ryot got nothing beyond his food.
As a result, the extent of cultivation remained unchanged and the ryot remained a proprietor of land only on paper. Thus,
caste played a crucial role, blocking some groups from access to land holding and enabling upper caste farmers to control
various forms of semi-slave or the so-called ‘bonded’ labour through a combination of social pressure.

• 3. THE MAHALWARI SYSTEM OR THE COMMUNAL SYSTEM:

• Under this system, the whole village was treated as a unit and the village lands were held jointly by the village
communities. This means that ownership of property was communal or joint. Same was true for the waste land. The
village headman or a co-sharer was entrusted with the responsibility of collecting land revenue and deposit it in the
treasury. The word mahalwari is derived from the Hindi mahal.
• What is tenure?--- The term tenure refers to the various ways that you can own a property. Typically it can be freehold,
leasehold.
• Land tenure refers to the way in which land is held by an individual from the Government.. Government gives proprietary
rights to individuals or communities.
• It determines who can use land, and for how long and under what conditions. Tenure may be based both on official laws and
policies.
• The farmers are the masses because they till and cultivate the land. In common law systems, land tenure is the legal regime
in which land is owned by an individual, who is said to "hold" the land. ... In other words, land tenure system implies a
system according to which land is held by an individual or the actual tiller of the land. Housing tenure refers to the financial
arrangements under which someone has the right to live in a house or apartment.
• TYPES OF LAND HOLDINGS:
• It indicates the terms and conditions under which a property consisting of land or land with building can be owned.
• In wider sense there are two types of land holdings 1. freehold , 2. leasehold
• FREEHOLD PROPERTY
• It is in absolute possession of its owner or freehold for a period of indefinite duration who has the right to use the property
at his freewill subject to the law of land and he may sell, divide it, develop it or donate or grant it on lease at his sweet will.
Land can be owned without any restrictions so far as its use is concerned. i.e. either develop or give it on rental basis , or sell
or transfer the same at his sweet own will. The freehold land will be subject to the law of easement rights. It is the highest
form of ownership of land.

• The freehold land has got 1. Right to its occupancy and use
2. Right to sell in whole or part,
3. Right to gift, etc.
• LEASEHOLD PROPERTY
• If a freeholder lets the exclusive possession of the premises to another for a certain period of time in consideration of rent under a
lease freeholder is known as “lessor” and lease holder is known as “lessee” and “the duration of letting may be for short period of
yearly or 3 yrs.(temporary) But occupation leases for a period like 15, 21, 25, 50 are common. If granted for a period of 99 yrs. It is
known as long term lease and for 999 yrs. It is said to be in perpetuity or endless duration which is as good as freehold. At the end
of expiry of the lease period lessor gets back absolute possession of the property.
• The lease holder known as lesse holds the physical possession of the property for a definite period under the lease conditions and
usually pays annual rent.
• Lessor is the owner of the property or freeholder and lessee is the person who acquires the right to use the property for a
specified period of time.

• THE DIFFERENT TYPES OF LEASES.

1. Building lease: in this case owner of a freehold lets out his land on lease to a person called lessee on an agreed amount of
premium or ground rent or a combination of both. Lessee can erect a building and maintain and even can reside or earn
through this property. since lessee has to invest lots of money on the building lease period is long for 50, 99 or 999 yrs. At
the end of lease period the lessor again becomes the full owner of land and building. The rent paid by lessee is known as
“GROUND RENT”
2. OCCUPATION LEASE : lessor lets out both land and building constructed by him on short term lease of 7, 14 or 21 yrs.for a
premium or ground rent or a combination of both. Lessee to maintain the property as per lease conditions.
3. SUB-LEASE : Lease holder may sub-lease to third party subject to conditions of original lease.
4. LIFE LEASE : Leased out till the death of a lessee.
5. PERPETUAL LEASE : If a lease period is renewable type for endless time is known as perpetual lease.
• LAND REGISTRATION

• Property/land registration in India involves the following steps:

 Verification of the title of the property.

 Estimation of the property value.
 Preparation of the stamp papers.
 Getting the sale deed ready.
 Payment of the stamp duty & registration charges.
 Approach the Sub-Registrar for registration.
 Documents submission.

 PROCESS OF LAND REGISTRATION

 Just like residential apartment registration, land/plot registry is an equally important document to ascertain the title of a
property. It not only ensures proper governance but also verifies proper land management services from the government.
 The registration of a property involves adequate stamping and paying the registration charges for a sales deed and having
it legally recorded at the sub-registrar's office.
• Documents Required For Buying Property
 Sale deed. This is the most important piece of paper required for property purchase. ..
 Extracts. ...
 Mutation register extract. ...
 General power of attorney. ...
 Copy of building plan. ...
 No-objection certificates (NOC) ...
 Allotment letter. ...
 Sale agreement.
• TYPES OF COVENANTS:

Covenants differ from place to place. Here are a few common restrictive covenants that a buyer may come across-
• Minimum property and landscaping standards
• Types of fencing allowed
• Limitations on the security lights installed
• Restrictions on installing a sporting equipment
• Curbing property use for activities that generate noises or poisonous gases
• Restrictions on storing arms and ammunitions illegally
• Limits pertinent to painting the exterior walls
• TRESPASS AND NUISANCE
• The slightest crossing of the boundary is sufficient or Planting a tree on another's land is trespass, whereas when one plants
a tree over his own land and the roots or branches project into or over the land of another person, act is nuisance. Injury to
the property of another or interference with his personal comfort or enjoyment of property is nuisance.

• If a trespass occurred, it is actionable, without having to prove that the possessor of the land was actually damaged by the
trespass. The reason for this principle is that acts of direct interference with another’s property are likely to lead to breaches
of the peace and therefore must be discouraged. When a trespass is merely threatened, a land owner can apply to a court
for an injunction to prevent the trespass.
• DIFFERENCE BETWEEN NUISANCE AND TRESPASS.
• A trespass to land is any unjustifiable intrusion by one person onto land in the possession of another. ... Nuisance differs from
trespass in that in nuisance, damage must be proved. “Nuisance” describes a type of harm that is suffered.
• Distinguishing Trespass and Nuisance

• The basic principle comes from a Latin maxim which translates into “use your own property so as not to injure that of your
neighbours”. Nuisance law now covers a wide range of objectionable activities, such as noise, vibrations, noxious odours,
and air and water pollution. It also regulates obstruction of streets, dangerous structures, and interference with certain
water rights.

• The harm in nuisance is usually caused indirectly. This is as opposed to trespass, which arises from the direct, physical
invasion by the neghbour. In nuisance, once the person whose enjoyment of land was interfered by the neghbour. In dealing
with cases involving land, it is important to distinguish trespass, nuisance, negligence, and other causes of action