Galiyat Development Authority Building By Laws 2003

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Department: Local Government and Rural Development Department
Main Category: Rules
Year 2003
Promulgation Date: 12-09-2003
Details:

THE GALIYAT DEVELOPMENT AUTHORITY

BULDING BYLAWS, 2003.

 

NOTIFICATION

 

 

Dated 12th September, 2003.

No. GDA/I2/2013/Admn:—In exercise of all powers enabling him in this behalf under the Galiyat Development Authority Act, 1996 ([1][Khyber Pakhtunkhwa] Act No. VII of 1996) The Governor of [2][Khyber Pakhtunkhwa] is pleased to make the following by laws.

 

THE GALIYAT DEVELOPMENT AUTHORITY BUILDING BYLAWS, 2003,

 

CHAPTER-I

 

1.         Short title-commencement and extend:- (I) These bylaws shall be called the Galiyat Development Authority Building By Laws 2003.

 

(2)        These shall come into force at once.

 

(3)        These bylaws shall extend to:-

 

(i)         The area under Galiyat Development Authority Townships;

 

(ii)        The area with in the radius of one kilometer from the boundaries of Township;

 

(iii)       250 feet from both sides of the main road of Galiyat i.e. presently.

 

(a)        Abbottabad Barian Road;

 

(b)        Abbottubad Thandiani road;

 

(c)        Kohala Road; and

 

(d)       Nathiagali Bakot Road.

2.         Definitions:- In these By-laws, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them:-

 

(1)        "Authority" means the Galiyat Development Authority or Act 1996;

(2)        "Director General" means the Director General of the Authority;

(3)        "Architect" means a qualified degree holder Architect from a recognized' University as licensed by the Authority;

(4)        "Engineer" means an Engineer approved by the Authority having graduate qualification from a recognized University:

 

(5)        "Town Planner" means a Town Planner approved by the Authority and qualified from a recognized University;

 

(6)        "Erect or re-erect a building" means the construction of a new building and includes structural alterations in, or the making of any addition to a building:

 

(7)        ''Plinth" means the portion of a building between the level of the site and the level of the ground-floor, having a minimum of 2 feet height with respect to the center of street or road to provide protection to the building and other infrastructure in the event of torrential rains, in such a way as to integrate it into the overall public storm water drainage system;

 

(8)        "Agency" means Building Control Agency of (Galiyat Development Authority, Abbottabad having jurisdiction within the area notified as per Galiyat Development Authority Act 1996;

 

(9)        "director" means the Director of Galiyat Development Authority;

 

(10)      "Balcony" means any platform or other similar structure, projecting outward from the wall of any building and supported by bracket or cantilevered and not used as passage;

 

(11)      "Basement" means a storey which is below the ground storey or, if there is no ground storey, means a story the ground of which is situated at such a level or levels that some points on its perimeter and below the level of the finished surface of the ground adjoining the building is the vicinity of the point;

 

(12)      "'Bath Room" means a room containing a water tap or a shower or a bathtub or a bath tray and/or water closet;

 

(13)      ''Builder” means a person or body of persons, including a society or a Statutory body, engaged in construction of buildings on contract or as owner or agent of the owner, for the purpose of transferring such building on hire or by sale or on the basis of ownership and include any Department of the Federal or the Provincial Government responsible for construction of Government buildings, but does not include a person or persons engaged as mason or such other artisan;

 

(14)      "Car Park" means a shelter or open area reserved for parking of motor vehicle;

 

(15)      "Chujja" means any structure projecting out-sides from the wall of any building and supported by brackets or cantilevered covered by roof and not used for habitation:

 

(16)      "Commercial Building" means a building including shops, show rooms, offices. Clinics, workshop, hotel, restaurant, etc.. on any floor and may also have apartment in it;

 

(17)      "Covered area" means horizontal area of a building covered under its roofs as out lined by the outer surface of the exterior walls including verandah;

 

(18)      "Committee" any organization under the control of Director General formulated by the authority to facilitate by its functioning;

 

(19)      "Damp proof course" means a layer of material impervious to moisture;

(20)      Dangerous Building" means all buildings, walls or structures, which are structurally unsafe;

 

(21)      "Developer" means a person or body of persons including a society engaged is developing, a plot, or plots for any kind of building activity for transfer by allotment to the members if the developer be a society or to the other person on the basis of ownership or by lease;

 

(22)      "External Wall" means any outer wall of a building abutting on an external or internal open space;

 

(23)      "Floor" means and includes any horizontal plot forming the surface of any storey and joist, board, timber, stone, concrete, steel or other substance connected with or forming part of such platform;

 

(24)      "Floor area" the total sum of covered area of all floors of a building;

 

(25)      "Form" means a Form appended to these Regulations;

 

(26)      "Gallery" means open or a covered walkway or a long passage upper floor of seats, a room for the exhibition of works of arts and underground passage;

 

(27)      "Garage" means a building or part thereof designed, adopted or used for the housing of a motor vehicle;

(28)      "Godown" means any building or part there of designed as godown. adopted or used for storage purposes but does not include any garage ancillary to a residential building;

 

(29)      “Housing Unit" means a part or whole of the residential building capable of being used independently for human habitation;

 

(30)      Impervious Material" means any material, which prevents the passage of dampness and moistures;

 

(31)      "'Kitchen” means any room, balcony or verandah intended to be used wholly or partly for preparing or cooking food for human consumption;

 

(32)      “Masonry" means stone, bricks or cement concrete blocks laid in lime, cement or mud mortar;

 

(33)      "Occupier" means and includes an owner in actual occupation of his own land or building, or liable to pay to the owner the rent or any portion of the rent of the land or building in;

 

(34)      “Plans" means the building plans showing the proposed details of the arrangements of intended building works;

 

(35)      "Partition" means an internal vertical structure which sub-divides a storey of a building into sections and, which supports no load other than its own weight;

 

(36)      "Plot area ratio" means the ratio between the plot area and the covered area of a building;

(37)      "Public Building" means a building designed for public use and includes an educational building, Post Office, Station, Town Hall, Library and Cultural Center and all those public buildings where entry of public is not restricted;

 

(38)      "Residential Building" means a building or part thereof designed or adopted for use of human habitation;

(39)      "Set Back" means the distance between the edge of the street and outer surface of exterior wall of building;

 

(40)      "Sewerage" means wastewater containing human industrial or any other chemical in organic or organic waste;

 

(41)      "Shop" includes any room or part of a building used wholly or mainly for the purpose of trade or business;

 

(42)      "Soak Pit" means a pit filled with boulders brick bats used for disposal of wastewater;

 

(43)      "Society" means a society, which directly or indirectly deals with providing plot to its members for housing commercial or industrial purpose;

 

(44)      "Special Building" includes a building such as cinema, theatre, auditorium and office building;

 

(45)      "Structural Calculation" means detailed calculations showing sufficiency of the strength of every load bearing part of the proposed structures;

 

(46)      "Sun Shade" means an outside projection from a building over a minimum height of 2.15 meters from the plinth level meant to provide protection from weather;

 

(47)      "Toilet" means a space for washing up and dressing purpose and may include urinals and water closets;

 

(48)      "Water closet" means a fixture which is connected to a water supply system so that the execrate may be carried away by flushing and may also refer to an enclosure containing such a fixture;

 

(49)      "Building Control Agency" means a unit under control of GDA looking after the construction activities in the notified area of Galiyat Development Authority;

 

(50)      Expressions used in these bylaws but not defined shall have the meanings respectively assigned to them in:-

 

(a)        Provincial Urban Development Board [3][Khyber Pakhtunkhwa] Building Regulations 1989:

 

(b)        Pakistan Environmental Protection Act 1997.

CHAPTER—II

 

3.         Housing Schemes:- No Housing Scheme is allowed in the private sector in any case.

 

4.         Use of Land for Building:- (1) No building shall be used in a manner inconsistent with the prescribed use in a scheme approved by the Authority.

 

CHAPTER—III

 

5.         Allotment of Plots:- (1) All plots that have become available either by creation. Surrender, Vacancy, or cancellation or by any other source, with the enforcement of these bylaws shall be allotted through open auction by allotment committee.

 

(2)        The allotment, auction, lease and lease extension committee shall comprise of,-

 

a.         Zilia Nazim                                         Chairman

b.         Zilia Naib Nazim                                 Member

c.         Director General                                 Member

d.         Director GDA                                     Member

e.         EDO Finance and Planning                Member

f.          Union Nazim concerned                     Member

g.         Town Nazim concerned                      Member.

 

The recommendation of the committee shall be submitted to Zilla Nazim for the final decision in the matter. Any body aggrieved with the auction proceeding or with the decision of the Zilla Nazim may file review petition with the Zilla Nazim. Subsequent to hearing of the parties, the decision of Zilla Nazim will be final without any recourse to any other forum.

 

(3)        Sub division of residential plots/commercial plots/hotels etc. shall not be allowed in case the area of the plot is less than two kanal.

 

(4)        Sub division of a plot only be allowed where each sub divided protion is not less than 2-kanals.

 

6.         Transfer of allotted plots:- An allottee or attorney of an allottee desirous of transferring his plot to another person shall apply on the prescribed “Transfer Deed Form” The Director General. Galiyat Development Authority or his authorized representative may, after scrutiny, allow transfer on payment of transfer fee, prescribed by the Authority. Every subsequent transfer fees, if any, will entail enhanced fee of 20% on each transfer over and above the fee as prescribed.

 

7.         Properly Tax:- Property tax on all residential and commercial buildings, as determined by the Authority, on the basis of the built-up area or any other consideration shall be charged from the owner on annual basis failure of the payment of the tax by the owner by 30th June may entail penalty at the rate of 20% Per Month against the unpaid balance.

 

8.         Encroachment:- (I) No allottee of a residential or commercial plots shall encroach upon the land of other allottees, Authority, government land or Building.

 

(2)         Any encroachment made shall be removed after giving twenty four hours notice to the allottee or any person in possession of the plot on his behalf at the risk and cost of the encroacher.

(9).       Plan and Documents:- Every person intending to erect or re-erect any building shall give notice of such intention in writing to the Director General of the Authority in form "A" appended to these by laws and-shall at the same time submit.

 

(1)        The proof of the ownership of the plot on which construction is intended.

 

(2)        Photocopy of National Identity Card of the applicant duly attested.

 

(3)        A site plan of the land on which it is intended to erect or re-erect the building.

 

(4)        (a)        every person who under bylaws is required furnish to the authority three copies of ammonia print with a forth one cloth-pasted.

 

(b)        Every plan of building, so furnished shall, in token of its having been prepared by him, bear the signature of the Architect.

(c)        The sanctioned plan shall be valid for a period of two years. If construction was not completed within two years, fresh sanction would be required from the respective Authority with payment of dues. Sanction/Rejection of the building plan by the Authority would be subject to the decision of the Building Plan Committee.

 

(5)        Any other information or document which includes elevations and sections required by the Authority to deal satisfactorily with the application.

 

(6)        Before submission of building plans the owner of the plot will have to produce a certificate/NOC from Authority regarding availability of water supply.

 

(7)        In case a structure proposed to be constructed on a site adjacent to a public street or a plot under the control or management of the Government or of another local authority the applicant shall submit the plans and specifications referred to above in quadruplicate and one complete set of the plan shall be forwarded by the Authority immediately for presentation to the Government or the local body concerned for information/filling of objection.

 

(8)        The building plan shall be approved only for the specified use of land as mentioned in the approved Master Plan.

9.         Site Plan:- The site plan must be drawn to a scale (to be shown on the plan) of not less than one-Thirty Two of an inch to the feet (1":32"), and must show:-

 

(1)        Plot number of the site on which construction is proposed;

 

(2)        Plot number of the adjoining plots;

(3)        the direction of the north point;

 

(4)        The boundaries of the site;

 

(5)        The location and direction of natural water-courses; (natural drainage);

 

(6)        The position of the site in relation to neighbouring streets and the level in relation of the street, if any, on which it abuts;

 

(7)        The position of the proposed building in relation to the boundaries of the site;

 

(8)        The names, if any, and width of all streets on which the site abuts;

(9)        All existing buildings structures, if any, on or over the site or projecting beyond it; and their exact position on the site;

 

(10)      All proposed building and the proposed draining methods;

 

(11)      The proposed building line and existing line of the buildings on either side.

 

11.       Building Plan:- The plan of the ground-floor and of even additional floor and basement, if any: provided that no building or covered structure shall be over two stories high and total covered area shall be as specified under section 6 "d" and the top storey shall not exceed a covered area equal to 50% of the ground storey.

 

(1)        The plan of the proposed building shall be drawn to a scale (to be shown on the plan) of not less than one-eight of an inch to the feet (1"= 8"), and shall show :-

 

(i)                 The position and dimensions of all projections beyond the main walls of the building;

 

(ii)               The position of proposed drains, privies, latrines, urinals, septic tanks and cesspits;

 

(iii)             The level and width of the foundations and the level of the lowest floor with reference to the level of the center of the street on which the front of the proposed building is to abut;

 

(iv)             mean s of access to the building and its various floors;

 

(v)               method of ventilation to all the rooms;

(vi)       open spaces of minimum of 5 feet width on sides and surroundings of all buildings including garages, outhouses, water tanks, open pipes, water sewerage and public roads and paths.

 

(vii)      The use to which the proposed building or buildings are likely to be put.

 

(2)        Sections & Elevations

 

plans sections and elevations of every floor including basement if any of the building intended to be erected which shall be drawn to a scale of not less than 1”=8”

 

(3)        (i)         While preparing building plan tor both residential purposes, the plot area will be divided in the ratio of:

 

Covered area (including garages,

out houses and stores etc.                               =                      33%

Paved Open-Area                                           =                      17%

Open Green Spaces                                         =                      50%

 

(ii)        While preparing building plan for commercial purpose the plot area will

be divided in the ratio of

 

Covered area                                                   =                      75%

Parking area                                                    =                      25%

(4)        Residential plots or commercial plots will in no case be less than two Kanals area in all future scheme/township. In case of already allotted plots in the existing townships construction will be carried out according to the approved building plans and plot area ratio for all plots shall be as per Regulation 11 Chapter IV Clause 3.

(5)        Detail drawings and structural calculations duly signed by the Civil Engineer for commercial, industrial and public building of covered area exceeding 500 Sq. meter or height exceeding 13 meter shall be submitted to the Agency however the responsibility of ensuring structural and constructional safety shall be that of the appointed Architect/Civil Engineer and

 

(6)        In case of a addition of a storey or a part thereof in an existing building the owner shall produce a certificate from a qualified engineer to the effect that the foundation of the building in question is safe to sustain the additional load.

 

(7)        Projects requiring ElA (Environment Impact Assessment) under the Building Plan Committee PEPA Act shall be submitted to Environment Protection Agency.

 

(8)        (a)        No application for erection or re-erection shall be considered by the building plan Committee unless a fee of Rs. 5/- and Rs. 10 per square foot of the covered area of residential/commercial building is accompanied respectively. Fee will be submitted in the form of Bank Draft/Pay Order in favour of GDA. this fee is subject to revision from time to time.

 

(b)        For areas within 250 feet both sides from right of the way, out side the jurisdiction of townships (Regulation 1.

 

(9)        In case of building, which is proposed to be re-built or altered, the plan shall show all the existing buildings, roads etc (in black) and proposed building, alterations or roads (in red).

 

(10)      The committee shall not consider the building plan unless it is certified by the Architect that the plan submitted with the application is in accordance with the provisions of by laws.

 

(11)      At the time of submission of plans for approval every prospective builder shall deposit with the Agency a sum of Rupees Ten Thousand (Rs. 10,000) as security, for removing debris and waste material from the site after completion of the building. The security shall be refunded on production of a completion certificate issued by the Agency provided that if the builder/owner fails to remove the debris etc. the same shall be removed by GDA at the risk and cost of the builder. After deduction of such cost from security, the balance if any shall be refunded in case of shortfall builder/owner shall pay the additional cost of removal of debris.

 

(12)      No builders shall be allowed to store/dumped construction material at road/street in case of violation such material will be removed on the risk and cost of the builder/owner.

 

(13)      Cutting of Trees/Mountains, excavation of stones and digging except for foundation is strictly prohibited.

 

(14)      The allottee or any person on his behalf shall not obtain any temporary/permanent Electricity or Gas Connection without NOC/approval of Building plan by the Authority.

 

(15)      No operation shall commence construction or operations on residential or commercial or other building, street, road drain etc. or engage in digging of ground or slope, land leveling and other works in a manner affecting the existing land scape, water streams, trees or vehicular road or existing construction or safety of the people unless these are in accordance with the Master Plan or Land-use plan or the policy or guidelines of the Authority moreover a certificate of "Initial environmental examination" has been obtained under the provision of clause 12 of the Pakistan Environmental Protection Act, 1977.

 

(16)      Any other information or documents, as required by the Agency concerned to deal satisfactory with the plan.

 

12.       The Authority may require from person who has submitted an application to erect or re-erect a building to produce, in addition to the plans and specifications required under the by-laws, elevations of the proposed building, to gather with full specifications as to the materials and methods of construction to be employed for internal walls, partition walls, foundations, roofs, ceiling, floors, staircases, fireplaces chimneys, retaining walls, sewerage and water supply. Provided that no windows/doors, ventilators or openings to the extent possible be constructed that affect the privacy of the other existing buildings.

 

13.       Documents of title:- Every person who intends to carry out building work shall, produce documents of title relating to the plot showing his right to carry out such work. However neither NOC nor the passing of building plans can be quoted as a proof of the title being lawful.

 

14.       Under taking by Applicant:- Undertaking of the applicant that he will abide by the Building bylaws and all other Rules and Regulations/instructions issued by the authority during and after construction such undertaking shall be on judicial paper worth Rs.50/- duly registered by the Registrar so authorized by the law.

 

15.       Employment of Architect:- Every person who intends to erect or re-erect a building shall employ an Architect to plan, design the building and to supervise the construction of the building.

Other documents.

 

16.       Approval of the Building Plan:- All the building plans shall be approved by the building approval committee comprising of the following:-

 

a.         The Zilla Nazim or his representatives            …                    Chairman

b.         Zilla Naib Nazim                                             ...                     Member

 

a.         Director General                                             ...                     Member

b.         Director GDA                                                 ...                     Member

c.         Assistant Director Planning                            ...                     Member

d.         District Planning Officer                                ...                     Member.

 

17.       Works not in according with the building plan:-

 

(1)        If on making any inspection under by-law the Authority finds that the building is or has been constructed • otherwise than in accordance with the plan, or contravenes any of the provisions of these by-laws, the Authority may, by notice in writing, require the person carrying out such building works, within a period to be specified in such notice, either to make such alterations as shall be specified in such notice with the object of bringing the work in conformity with the said plans or provisions of the by-laws or to get the approved plan amended after complying with the requirements of the by-laws.

(2)        In the even of non-compliance with the provisions of Chapter II clause I, it shall be lawful fondle Authority to order that further construction be stayed, that the construction made or such part thereof as may be specified be demolished and that the cost of such demolition be recovered from the person concerned in addition to any other penalty imposed.

18.       Execution:- The foundation of a building shall be wide enough to allow the distribution of load on each square foot not exceeding 3/4 ton. No building shall be constructed upon newly filled earth till it has been certified by the Architect that reasonable time has passed and can sustain proposed load on the site and special permission of the authority is obtained.

19.       Safety and stability of building:- Every person who caries out building works shall use sound building materials of good quality and when properly put to gather shall ensure safety and stability of the buildings.

 

20.       Height of a room and Minimum Floor Height:-

(1)        The minimum clear height of a room shall be as follows:

SI No.

Particular of building work

Feet

1.

Habitable room.

9.5

2.

Kitchen-pantry

8

3.

Bathroom, W.C's Latrine Verandah, Porch, Carriage.

7 1/2

4.

Place of instruction, assembly

12

5.

Shop

10

 

Explanation

Height of a room shall be taken to be the vertical measurement from the upper surface of the floor to the underside of the highest part of ceiling less one-half of the vertical measurement between the lowest and highest parts of the ceiling where there is no ceiling the measurement shall be to the underside of the rafters.

 

(2)        Minimum floor area

The minimum floor area shall be as follows:-

SI No.

Floor Area of

Sq. Feet

1.

Habitable room.

100

2.

Kitchen

50

3.

Shop

100

4.

Latrine W.C.

15

5.

Bath Room

20

6.

Combined W.C. Wash-basin and bathroom

45

 

21.       Basement:- The authority may allow the construction of basements under part of the ground floor in cases the ground levels so permit; provided that no such basement shall be used for human habitation. Such basements shall not be taken into consideration for the purpose of determining number of storey and building height provided that the covered area of the basement is less then 80% of the ground floor area and roof of basement is below ground level/street level on any side.

 

22.       Means a/Escape in case of emergency:- All means of escape from a building including exit ways, corridors, stairs etc, shall permit unobstructed access to a street to an open space or to an adjoining building or roof from where access to the street may be obtained.

 

23.       Staircase:-

 

(1)        Width of the staircase:- The staircase of every two-storey building other than apartment building shall have clear width (3 ft 6 inches).

 

Every building other than apartment building up to two stories shall have staircases having tear width of 1.06 meters (3 ft 4 inches).

(2)        Pitch of Stair Cases:- the rise of the stair case step shall not more than 0.09 meter 71/2 inches and the tread no less than 0.25 meter (l0 inches).

 

(3)        Maximum Height:- There shall not be more than 15 rises between each landing. A landing shall not be less than 3 1/2 feet in depth except in ease of service stair case where the number of the risers may be increased depending upon the situation and design.

 

24.       Inter Floor:- Inter floor shall only be permitted in rooms other than those meant for habitation purpose, such as bath rooms, stores, kitchen, pantries, passages, garages if combined with the main building, verandahs or rooms meant for similar ancillary uses.

 

25.       Projections:-

 

(1)        No portion of any building in a street or road, in which a line of frontage has been fixed by the Authority, shall be built to project beyond such line of frontage.

 

(2)        No balcony, thara, steps or other projection shall be allowed to be erected or re-erected over any street, except in accordance with the provision of the bylaws and permission from the Authority.

 

26.       Method of Measurement of open spaces:- The minimum open space prescribed between a building and the boundaries of its plots shall be measured between the greatest projections of the buildings and the plot boundaries at right angles thereto.

 

27.       Inspection of the buildings:- The authority staff may visit the site of the construction at any time without giving any prior notice during the process of the building works. However owner will get the work inspected at the following stages.

 

a.         At plinth/Basement level.

b.         At ground floor level.

c.         At any subsequent floor level if approved in building plans.

d.         At the time of pouring of stair/tower/barsati.

e.         At any time, before the application made under by-law has been approved.

f.          At any time, while the building operations are being carried out.

g.         Within 30 days from the receipt of the notice of completion or the certificate of completion as hereinafter provided and;

h.         At any time after the building has been erected or re-erected but the notice of completion or certificate of completion has not been received. Responsibility of unauthorized construction will, however, before of the owner.

 

28.       Additional and Alternations:- (1) Every person who intends to make any addition or alteration to a building involving the removal or re-erection of any roof or any outer wall or of any wall which supports the roof thereof or change the size of any existing room or passage thus affecting the light and ventilation of the building or any other any addition or alteration shall submit an application to the Authority an writing for permission to execute such works.

 

(2)        In case where the engagement of a Civil Engineer/Architect is necessary the name of the Civil Engineer/Architect who is engaged to supervise the execution shall also be submitted to the Authority with a certificate, along with information and documents required under these regulations.

 

29.       Rounding of Boundary Wall:- Boundary wall of corners of end plots abutting Two-roads/Street will be chamfered as under.

 

a.         Road width upto 20 to 30 feet                                   Min 6 Feet

b.         Road width above 30 feet                              Min l0 Feet.

30.       Width of Roads in townships:- The width of the roads in the townships shall not be less than 20 feet in any case.

 

31.       Boundary Wall:- Except for steel grill/wooden/barbed fencing no boundary shall be allowed.

CHAPTER—VI

 

32.       Grant or Refusal of Permission:- (1) After scrutiny of the plans & other legal formalities the Authority shall pass orders granting or refusing permission to carry out proposed building work.

 

(2)        In case of grant of permission, one copy of the plans duly signed by an officer authorized by the Authority in this behalf, to gather with the permission, shall be returned to the applicant with the condition that no alteration, at any stage, will be permissible in the approved plan and that buildings erected or re-erected in contravention will be dismantled and the cost of dismantling will be recovered from the person in addition to any other penalties to be imposed.

 

(3)        In case of refusal to grant permission the Authority will specify the reasons. The person aggrieved by the refusal to grant approval may file appeal before the board-in-council. The council shall decide the matter after hearing the Authority and aggrieved party and its decisions shall be final. The decision of the board-in-council Authority shall not be questioned in any court or other forum.

 

33.       Cancellation of permission:- (1) If at any time after "permission to erect the building" has been granted, the Authority is satisfied that such permission was obtained in consequence of any material misrepresentation, concealment of facts or fraudulent statement contained in the application made under by-law, in the plans, elevations sections or specifications and documents submitted therewith in respect of such building, such permission may be cancelled or withdrawn and any work done there under shall be deemed to have been done without permission.

 

(2)        The Authority may authorize the Director to suspend the permission in such case in anticipation of the cancellation thereof by the Authority.

 

(3)        Any person feeling aggrieved by a decision of the Authority or of the Director may, within one month of the date of such order may file appeal before the board in council and decision of the board in council shall be final and will not be called in question before any other forum.

 

(4)        Subject to the provisions aforesaid, the order of the Authority shall be final.

CHAPTER—VII

 

34.       Work Carried out Without Permission:- Work carried out without permission.

 

(1)        If any building works are commenced or carried out in contravention of the provision of these, By-laws Authority shall give a notice in writing requiring the concerned person to immediately stop the construction work.

 

(a)        To show cause why such building works or other part thereof should not be dismantled or altered at his risk and cost to comply with the bylaws; and

 

(b)        To attend personally or through agent duly authorized in writing by him on such day, and at such time and place as specified to show cause why such unauthorized work or part thereof be not removed or altered at his risk and cost.

(2)        If owner or such person fails to show valid sufficient cause to the satisfaction of the Authority, the Authority shall demolish, remove or alter the building works or part thereof at the risk and cost of the owner or person concerned.

 

35.       Demolitions of dangerous structures:- If a building/structure is in dangerous condition or otherwise unfit for human habitation, the owner is bound to inform the Authority of the factual position forthwith, or in case of failure on his part to do so, the Authority will eject the owner or occupier from such building within a reasonable time for the purpose of demolition under the supervision of Engineer at the earliest, at the risk and cost of the owner.

CHAPTER—IX

 

36.       Drains & Sewers.

 

(1)        In no building shall any open sewer or drain pass through any room used or intended to be used as a living or sleeping room.

 

(2)        No drain shall be constructed within the thickness of any wall of any building.

 

(3)        All stack-pipes for the disposal of roof-drainage shall be of cast iron or cement concrete. No flue shall be so constructed as to pass through or be within two-three feet of any wall or structure made of inflammable material except at its point of exit, at which it must be rendered safe by a casing of no-inflammable material at least one foot thick.

 

(4)        House Drains through which waste or sullage water in intended to be passed, shall be constructed of concrete pipe or other impervious material and shall be connected to the nearest public sewerage drain wherever such a drain exists within 50 feet of the proposed building. In the absence of such a public sewerage drain the house drain shall be discharged into a soakage pit through a septic tank or cesspit which shall be constructed and maintained by the owner of the building.

 

37.       Latrine, Privy, etc.

 

(1)        No person shall construct any latrine or privy which is not water-borne.

 

(2)        No person shall install water-flushed latrines in his house unless the house drains are connected with a public sewer or unless arrangements are made by him to purify the sewage in a properly constructed septic tank of a suitable size and to discharge the effluent into a public sewer or into a sullage drain to be constructed by him. These works must be certified by the Engineer of the Authority and is capable of carrying off the effluent without danger to the public health and environment. Such installations shall be constructed under the supervision of Engineer and subsequently approved by him before they are put into use and no pipes and drains septic tank should extend to within five feet of the boundary of the plot unless it is to be connected under ground to public sewer.

 

(3)        No person shall dispose off the effluent from a septic tank by surface flow or by sub-soil drainage or into cesspits.

 

(4)        A drain shall be provided for every privy, bathroom and cooking place. Such drain shall be constructed of glazed pipes or other impervious material and shall connect the floor of the privy bathroom or cooling place with

 

(a)        Public masonry drain, or

(b)        A private cesspit constructed as hereinafter prescribed.

 

(5)        Every dwelling house shall have

 

(a)        at lest one latrine or water-closet(w. c) and one bathroom; and

 

(b)        in the case of servants quarters attached to dwelling houses one water closet (w. c) or latrine and one bathroom for such quarter.

 

(6)        Thee floor of every latrine, privy, urinal shall be of masonry, or of tiles, or of cement.

 

(7)        The floor of every latrine W.C. urinal etc. should not be less than 3" above the level of the surface of the ground adjoining latrine, privey or urinal

(8)        The floor of every latrine, privy and bathroom shall have a slope to the drain in such way that liquid flow of quickly.

 

(9)        In every urinal the walls to a height of three feet above the floor and in every latrine and privy, both the seat and the walls to a height of three feet above the floor, shall be masonry, provided that in the case of a water-closet of European type the seat may be of wood.

 

(10)      Every latrine, privy, urinal, or bathroom shall be provided with adequate ventilation which, in the case of latrine, privy, or urinal, situated in or near a building, shall be effected by an opening not less than one square feet one of the walls, as near the top of the wall as may be practicable, and communicating directly with the open area.

 

38.       Every latrine, or privy shall be constructed that

 

(1)        There shall be adequate access thereto for the purpose of cleansing.

 

(2)        When the outer door, if any, thereof is open, the seats shall not be visible form the street or other public place.

 

39.       Cess-pits

 

No person shall construct a private cesspit

 

(a)        unless there is no public drain within 100 feet of the premises for which it is required.

 

(b)        Except within the boundaries of private land;

 

(c)        Except a cess-pit of masonry with a cast iron moveable covering; and

 

(d)       Unless adequate access is provided thereto for the purpose of cleansing it.

 

40.       Sewerage disposal

 

(1)        Where no public sewer is in existence

 

(a)        all sludge water shall be connected to septic tanks;

 

(b)        all wastewater may be connected to soak-pits or cesspits.

 

(2)        Cess-pits and septic tanks shall be:-

 

(a)        so constructed as to be imperious to liquid either from outside or inside;

 

(b)        so situated as not to cause pollution/contamination to any spring or system of water, the water from which is used or likely to be used for drinking or domestic purposes, or pollution to the environment.

41.       Garbage, Discharge A Emissions

 

(1)        It will be obligatory for the resident owners as well as visiting tourists to strictly abide by these rules and regulations with regard, solid waste garbage discharges, emission, waste, air pollution and noise pollution in excess of the "National Environmental Quality. Standards" under clause 11 of Environmental Protection Act-1997 duly adopted by the Authority. Default incompliance of above will render the person concerned liable to punishment under relevant law.

 

(2)        All Hotel and Commercial area shall make adequate arrangement for disposal of garbage & discharges.

CHAPTER—X

 

MISCELLANEOUS

42.       Notice of Completion

 

Every person who carries out and completes the building approved under these by-laws shall within one month of the completion of the work deliver to the Authority at its office, notice in writing on the prescribed Form "B" or "C" as the case may be, of such completion duly signed by the Architect employed.

 

43.       Permission to Occupy

 

(1)        After the receipt of notice under rule 26 the Authority shall depute an officer to inspect such work and after such inspection, either approve or disapprove the building for occupancy or make such further order as it may deem necessary.

 

(2)        No person shall occupy or permit to be occupied or use or permit to be used the whole or any part of any land or building affected by erection or re-erection until the permission has been granted in the prescribed manner.

 

44.       Fire Resistance and Fire Precautions

 

(1)        No building shall be roofed with straw or other easily inflammable material.

 

(2)        No fireplace to be used as such shall be constructed unless the floor beneath it and around it for a width of three feet has been rendered fireproof by being covered with earthenware tiles or concrete or some other fireproof substance.

 

(3)        Every fire place shall before use as such be provided with a chimney with an iron, brick or stone flue to afford free means of exit for smoke.

 

Exemption

 

No application is required for the following operations provided that they do not infringe any of these by-laws:

 

(a)        repairs in the form of replacement of existing material by similar material if no demolition is involved and the building remains throughout the operations substantially the same as it was;

 

(b)        the alteration of sunshade not abutting on or overhanging any street or the property of any other person;

 

(c)        the opening/closing of internal windows or door;

 

(d)       the replacement of internal doors or windows:

 

Explanation

For the purpose of above bylaw "internal" means not abutting on or over hanging any street or the property of any other person.

 

45.       Water Meter

Installation of Water Meter will be obligatory in all the residential and commercial buildings where the owners have opted for use of water from the installed water supply schemes/sources owned or maintained by the Authority/Government Installation fee and water charges, as determined by the Authority shall be charged from the owner.

46.       Copies of Forms

 

Copies of forms may be obtained from the office of the Authority on payment of fees prescribed by the Authority from time to time.

 

47.       Constructional Timber

 

Movement and sue of constructional timber in Galiyat track shall be governed by the Forest laws for the time being in force, violation of which will render the person concerned to penative action by the authority under these bylaws as well as other agencies empowered under the forest act or relevant laws.

 

The Authority reserve the right to change, alter, modify, add or delete any of the term and condition, with the approval of the Board-in-council and may issue any instructions, advice for carrying in to effect the spirit of these bylaws.

 

CHAPTER—XI

 

LICENSING OF PROFESSIONAL ARCHITECTS/CIVIL ENGINEERS/

STRUCTURAL ENGINEERS AND TOWN PLANNERS

 

No unlicensed person shall be allowed to work in the area following under the ambit of jurisdiction of these bylaws.

 

Licensing shall be done by a Committee consisting of:-

 

a.         Zilla Nazim                             ...                                 Chairman

b.         Zilla Naib Nazim                     ...                                 Member

c.         Director General                     ...                                 Member

d.         Director                                   ...                                 Member

e.         Assistant Director Planning    ...                                 Member

f.          Finance Officer                       ...                                 Member

 

A.        The Committee, before issuing a license shall also takes into consideration, besides prescribed qualifications and experience, the capability of supervision of construction work by the applicant as well as any other personal/professional qualification deemed necessary by the committee.

 

B.        The committee after receiving the applications for license shall scrutinize and inspect the documents submitted.

 

C.        The Committee may interview the applicants before issuing the license.

 

D.        After processing of the application as mentioned above the committee may

 

(1)        Sanction the grant of license.

(2)        Reject the application specifying the reasons thereof.

 

E.         The committee after hearing the licensee may cancel or suspend license already granted specifying the reason for such cancellation suspension.

 

F.         Any person aggrieved by the committee may file appeal before a review committee consisting of:

 

(1)        The Zilla Nazim Abbottabad.

(2)        The Director General Galiyat Development Authority.

 

CATEGORY “A” ARCHITECT

An Architect of this category shall be authorized to undertake Architectural design and with the association of Civil Engineer shall be entitled to undertake the supervision of building projects of all categories and types in accordance with the provision of these Regulations.

 

CATEGORY “B” ARCHITECT

An Architect of this category shall be authorized to undertake Architectural designing of Commercial/Office Building, Flats/Apartments and other residential building/projects having maximum covered area of 500 sq meter or climbing height up to 13 m, and residential houses of all categories in accordance with the provision of these regulations.

 

CATEGORY “C” ARCHITECT

An Architect of this category shall be authorized to undertake Architectural designing of buildings having maximum covered area of 300 m2 or climbing height up to 13m, and residential houses of all categories in accordance with the provision of these Regulations qualification/ experience of these Architect

Qualification/experience of licensed Architect.

 

Any person desirous of applying for registration must hold the following qualification and/experience for the categories lay down as under:-

 

SI No.

Qualification/Experience

Category “A”

Category “B”

Category “C”

 

LICENSE ARCHITECT

 

 

 

1.

Fellow or Associate member

Eligible after 3 years

Eligible   after   one-

Eligible

 

of any international

practical   experience

year   experience   in

 

 

recognized    Institution    of Architects.

in planning, design­ing   &   construction including  6  months

Building   Design   & Planning.

 

 

 

practical   experience

 

 

 

 

in Pakistan.

 

 

2.

Degree or 5 years diploma in

Eligible with 7 years

Eligible with 3 years

Eligible

 

Architecture from  any

total   registration   &

total   registration   &

 

 

/recognized Institution of Pakistan

practical   experience as     category     'B'

practice    experience as     category      'C'

 

 

 

Architect.

Architect.

 

3.

4 years Diploma in

Eligible     with     10

Eligible with 4 years

Eligible

 

Architecture from Institution

years total registrat-

total   registration   &

 

 

of Pakistan.

ion     &     practical

practice    experience

 

 

 

experience            as

as     category     'C'

 

 

 

category 'B'.

Architect.

 

 

ARCHITECTS CERTIFICATE

 

I/We hereby certify that the existing structure on plot/mutation/khasra No.__________________ situated____________________________ is in consistent with the provisions of the Building by laws of Galiyat Development Authority, 2003.

 

I/We further certify that the said existing structure has been fully and correctly shown on the plan submitted by me.

 

And I/We further certifies that the Building is structurally stable. Necessary structural calculations and details are attached herewith.

 

Licensed Architect/Civil Engineer Licensed Structural Engineer. License No.___________________

Place__________

Date______________

FROM-A

 

GALIYAT DEVELOPMENT AUTHORITY

 

Place...........................

 

Dated..........................

 

APPLICATION FOR APPROVAL OF PLANS

 

To

 

The Director General

Galiyat Development Authority

 

I/we hereby apply for permission to erect/re-erect/make addition to and/or alteration in building on plot/mutation/khasra No...................situated at........................in accordance with the building plans submitted (intriplicate) herewith for approval.

 

Necessary particulars are given below and certified to be true:

 

1.         Plot No......................& Scheme No..................

2.         Mutation/Ownership Documents.

3.         Intended use of proposal building.

4.         Description of the proposed building works.

D.        Specification of foundation

E.         Specification of Plinth

F.         Specification of super-structure

G.        Specification of floor

H.        Specification of roof

I.          Method of drainage and sewerage

J.          Architect complied to prepare the plan.

 

It is acknowledged that I have studied the bylaws and shall insure compliance failing which I will have no objection to any penal action initiated by the authority against me under the by-laws.

 

Name................................................

Address.............................................

 

 

Yours faithfully

………………………………………

(Owner's)

Address.............................................

Date.................................................

FORM-B

 

Place...........................

 

Dated..........................

 

 

To

 

The Director General

Galiyat Development Authority

 

Dear Sir,

 

I/we give notice of completion of erection/re-erection of building on plot/mutation/Khasra No...........................Scheme No...........................and of drainage and water supply arrangements therein and apply for permission to occupy the said building.

 

The said work has been carried out in accordance with the building bylaws under the bylaws 2003 as well as your instructions and advice issued by the authority from time to time in this behalf.

 

 

Yours faithfully

…………………………….

 

(Owner's)

 

Address.............................................

 

Date.................................................

 

 

FORM-C

 

Place...........................

 

Dated..........................

To

 

The Director General

Galiyat Development Authority

 

Dear Sir,

 

1.         Whereas I/we have constructed ___________________________________________on plot/mutation Khasra No.__________ Scheme No ____________as shown on the plan attached herewith without your prior permission.

 

2.         Where I/we have made deviations from the approved buildings plans and other instructions________________________.approved under your No __________dated ________________in the course of erection/re-erection of the building on plot as shown on the Plans attached herewith:

 

3.         Whereas I/we are willing to make any alterations required to be made in the said structure so as to make it consistent with the provisions of bylaws and Building Regulation 1989.

 

I is, therefore, requested that the unauthorized nature of the said structure may be condoned, the revised (attached herewith) may be approved and permission to occupy the said building may be granted.

 

(Delete whatever is inapplicable)

 

 

Yours faithfully

………………………

(Owner's)

Address..........................................................Date...........................................................

 

Place.............................

 

Date..............................

 

 

I am willing to pay any cost/penalty/fee as determined under the by-laws.

 

FORM-C

 

Place...........................

 

Dated..........................

To

 

The Director General

Galiyat Development Authority

 

Dear Sir,

 

1.                  Whereas I/we have constructed ___________________________________________on plot/mutation Khasra No. _________________Scheme No. ____________as shown on the plan attached herewith without your prior permission.

 

2.                  Where I/we have made deviations from the approved buildings plans and other Instructions ___________________approved under your No. __________dated _________________in the course of erection/re-erection of the building on plot as shown on the Plans attached herewith:

 

3.         Whereas I/we are willing to make any alterations required to be made in the said structure so as to make it consistent with the provisions of bylaws and Building Regulation 1989.

 

I is, therefore, requested that the unauthorized nature of the said structure may be condoned, the revised (attached herewith) may be approved and permission to occupy the said building may be granted.

 

(Delete whatever is inapplicable)

Yours faithfully

………………………

(Owner's)

Address..........................................................Date...........................................................

 

Place.............................

 

Date..............................

 

 

I am willing to pay any cost/penalty/fee as determined under the by-laws.



[1] Sub. by the Khyber Pakhtunkhwa Act No. IV of 2011.

[2] Sub. by the Khyber Pakhtunkhwa Act No. IV of 2011.

[3] Sub. by the Khyber Pakhtunkhwa Act No. IV of 2011.