The National Building Code of India, enacted in 1970, forms the basis for many other legislations by State Governments. A study by K. Sukumaran
Regulations concerning house building differ from country to country. Building laws enacted by States can be traced to Europe and the U.S. sometime in the 19th Century.
Documented regulations in the U.K. date back to 1667 when the London Building Act was enacted in the aftermath of the Great London Fire of 1666. The Building Control Surveyors Act was perhaps the other comprehensive legislation, which was applicable to all builders, developers, safety inspectors, environmental scientists, insurance companies, government departments and other related professionals and even to tenants.
Model laws
The Industrial Revolution increased the need for regulating construction growth. The Public Health Act of 1875 and the Building Acts /Regulations of 1884 and 1885 introduced regulated street buildings, structure of buildings, drainages etc. Model laws were issued by local self-government boards.
In modern India, the National Building Code of India, a model code covering various aspects of construction enacted in 1970 and revised in 1983, ’87, ’97 and in 2005, is the basis for many other legislations by State Governments.
Dramatic changes
In recent days, dramatic changes are taking place in building regulations covering design, durability, engineering requirements, balanced development, use of materials to meet environmental needs, energy conservation etc.
Many State Governments are nowadays embarking on comprehensive regulations to control and regulate the real estate sector. Delhi, Goa, and Maharashtra can be considered pioneers in this field. Most States have a plethora of legislations such as rules for ‘setback’, high-rise building rules, fire safety regulations and the like.
The laws in Karnataka were amended from time to time to meet the changing needs of growth and to plug the loopholes, apart from intent to regularise many violations in the past, as also the appetite for revenue collections.
Attempts are also being made by the Planning Commission to lay down uniform regulations, including workers’ welfare measures. A recent effort in this direction has been made by the Andhra Pradesh Government. The Andhra Pradesh Building Rules notified in April, 2012, is an example worth emulation elsewhere.
Salient features of the APB Rules
* Uniformly applicable to municipalities, urban development authorities, panchayats, industrial areas, special economic zones etc
* All existing rules, regulations and byelaws will stand modified as per the new rules
* Construction activities in the vicinity of water bodies form part of the new rules
* Restrictions placed by the Railways, airport authorities etc are embodied in the consolidated rules
* The new rules also cover the environment impact provisions
* Special treatment to heritage and religious structures
* Special provisions for row houses, cluster housing, low income group housing and housing for economically weaker sections.
Balanced approach
The fundamental approach seems to be to comprehensively deal with all aspects of land use, construction principles, satisfaction to the consumer, a fair deal to developers and consumers and finally to have some tooth for the law to punish the violators. Various rules regarding setbacks, mandatory open spaces, building heights, and safety measures against fire and natural calamities are fully taken care of in the new consolidated rules.
The National Building Code has been kept in view while preparing the rules.
Flouting of regulations being a complaint almost everywhere, a criminal offence clause is proposed to be included in the latest amendments proposed and debated in connection with the Maharashtra Housing Regulatory Bill.
The above developments point to the eagerness of the authorities to balance fundamental natural compulsions with the customer aspirations and at the same time retain developers’ interest in the ventures for healthy growth of the construction sector.
Source:www.thehindu.com
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