‘Code No. SGL - 07 The Sindh Buildings Control Ord., 1979 And Karachi Building Control Licencing Regulations, 1982 And The Sindh Regulation and Control (Use of Plots & Construction of Buildings) Ordinance, 2002 & the Rules, 2002 Corrected & Modified by ZAKA ALI (ADVOCATE HIGH COURT) REVISED EDITION 2021 es THE IDEAL PUBLISHERS Post Box No. 3514, Karachi - 74800CONTENTS Sections Particulars Page No. 1 Short title, commencement and extent......... 3 2 Non-application of alaw ........-.-- Ha aidakp 4 oe WCHTA OS ies 1 tie sid eiwiswiaielgtis gas atel ciate . 4 4 Authority: Jo03)00 6 beeing NOS sUatw abe el latucana ie ie a 4A. Officers and Servants of the Authority ........ 7 4B. Supervision over the Authority a 4C. Fund uy Sale of Plots..... 8 6. Approval of Plan....... Ce vlvnv ew etialee cece) 9 6A. Information for no objection certificate ........ 11 fe. Uaeparation Of plane ogc cease ves beg aoe) Me 7-A. Violation of certain provisions ............... 13 [Link] OWA PLANNING (oe ces) y wiayia ce ie ob e davoee 43 7-C. Site Development Scheme . seeee (14 Erection and re-erection of buildings .......... 15 7-D. Execution of Site Development Scheme .. 7-E. Completion of buildings, etc. ...........0.05. 16 7-H, REG MMAHOM OM bUlGinge ism duleuin. « s. coisa cscs Le 8... Grant of Heence iiiec dss» « POSE ee sins eee EF 9. Grant of licence to builder or developer ....... 18 10.) hicensing Board: 00 ate out, Os Ode 10A. Appoint. of Committees & Sub-Committees . 18 11. Inspection of building or plot ............ 18 12. Sale of buildings ..... ELH CN Meieiece ge Min LD.Sections Particulars Page No. TO ICEeASe Of adie Price ©. als yee ssgic nc cle sn 6 Age + 21 13-A. Formation of Co-operative Societies .......... 21 14, Dangerous ’Batlditips 5 er ee ae este. 22 15. Interest on un-paid instalments 23 LO.) SAPPOAL ors! o 4h alietahas Paeat'y pihea alah ees Maun ya: grees 23 17. Disposal of application or appeal ............ 23 18, Delegation OP powers wis 2 Ua ls eo. La ele ol 23 18-A, Establishment of Special Court ............4. 23 18-B. Conferment of powers upon officers & officials .. 24 18-C. Notification of Police Stations 25 18-D. Procedure of Special Court ... 25 18-E. Jurisdiction of Special Court 25 18-F. Appeal:.}.1;... atts Sel MIRRORS Cot aha eure eS 25 18-G. Provision of utility services OMe es eo AW! ROMAN se ui arets isan ins onan «RENE vig acess’ bs 26 20s Indentnity: wading. onc Saar enone eS 28 20A. Notice for Institution of suit ................ 28 217 Bower to-makeriter 42 MOUs 6 fie eel os 28 21A. Regulations 28 Kar. Building Control Licencing Reg., 1982 ... 31-42 Sindh Regulation & Control (Use of Plots & Construction of Buildings) Ord., 2002. ..... 43 ~ 46 Sindh Regulation & Control (Use of Plots xe 47-50 & Construction of Buildings) Rules, 2002 (9) THE SINDH BuILDINGS ConTROL ORDINANCE, 1979 (Sindh Ordinance No. V of 1979) (Karachi, the 3rd March, 1979] Notification No. [Link]. 1(5)/79. ~ The following Ordinance by the Governor of Sindh is hereby published for general infor- mation : - An Ordinance to provide for the regulation of the *[town] planning, construction, control and demolition of buildings and disposal of buildings and plots in the Province of Sindh. Preamble. - WHEREAS it is expedient to regulate the plan- ning, quality of construction and buildings control, prices charged and publicity made for disposal of buildings and plots by builders and societies and demolition of dangerous and dilap- idated buildings in the Province of Sindh; NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977 and the Laws (Continuance in Force) Order, 1977, the Governor of Sindh is pleased to make and pro- mulgate the following Ordinance : — 1. Short title, commencement and extent. = (1) This Ordi- nance may be called the Sindh Buildings Control Ordinance, 1979. e—_—OOTFTS— "In the Preamble, inserted by the Sindh Building Control (Amdt.) Act, 2014 (Sindh Act No. IX of 2014), the Sindh Govt. Gaz., Extr., Pt. IV, P. No. 82, dt. Karachi the 20th March, 2014. Note. = The provisions of Bombay Act, 1915 relating to the master plan and all existing resolutions, standing operating procedure, rules and notifications relating to the master plan and town planning shall stand repealed, ibid.(2) It shall come into force from such date and in such are as Government may, by notification, specify. (3) Government may, by notification, exclude any area fro’ the operation of all or any of the provisions of this Ordinance. 2. Non-application of a law. - Nothing contained in an other law for the time being in force shall'apply to any matte regulated by this Ordinance. *[3. Definitions. - (1) In this Ordinance, unless there is any thing repugnant in the subject or context, ~ (a) (b) (c) (d) (e) “architect” means an architect who has been grant ed a licence under this Ordinance; “Authority” means the Authority appointed unde: section 4; “builder” means a person or body of persons, including a society engaged in construction of building on contract, or, as owner or agent of th owner for the purpose of transferring such buildin on hire or by sale or on the basis of ownership, bu does not include a person or persons engaged a masons or such other artisan; “building” means a building or part thereof and includes all fittings, fixtures, installations, signs and display structures of the building, but does not include any building notified by the Authority; “building designer” means a building designer who has been granted a licence under this Ordinance; *Section 3 substituted by the Sindh Building Control (Amdt.) Ordinance, 1932, (Ordinance No. III of 1982), the Sindh Govt. Gaz. Extr., Pt. I, P. No. 208, dt. March 6, 1982. (f) (g) (h) (i) G) (k) a (m) “building supervisor” means a building supervisor who has been granted a licence under this Ordi- nance; “developer” means a person or body of persons including a society, engaged in developing a plot, or plots for any kind of building activity, for trans- fer by allotment to the members if the developer be a society, or to ‘other persons on basis of ownership or by sale, “fund” means the fund of the Authority, constitut- ed under section 4-C; “Government” means the Government of Sindh; “inspecting architect” means an inspecting archi- tect. who has been granted a licence under this Ordinance; “inspecting engineer” means an inspecting engi- neer who has been granted a licence under this Ordinance; “prescribed” means prescribed by rules or regula- tions made under this Ordinance; “private building” means a residential building of not more than three floors including ground floor constructed on a plot of any size or a commercial building of not more than three floors including ground floor constructed on a. plot not exceeding four hundred square yards, (367 Sq. meters) not meant for transfer by sale or on the basis of owner- ship and does‘ not include a building like a mosque, auditorium, cinema or such other building; “proof engineer” means a structural engineer(0) (p) (q) (r) 1[(s-a) “Special Court” means the Special Court estab- (t) (u) The expressions used but not defined in this Ordinance shall have the meanings assigned to them in the *Sindh Loca Government Ordinance, 1979 1Clause (s-a) inserted by the Sindh Buildings Control (Amendment) Aq 2013, (Sindh Act No XLVII of 2013), the Sindh Govt. Gaz Extr., Pt. IV, P. Ne 575, dated November 1, 2013 i *Note. — Also consult the Sindh Local Government Act, 2013 *[4. Authority. - (1) Government may, by notification, appoint any body corporates or council, or any department of such body corporate or council, or any Government department or functionary or any organization to act as Authority for such area as may be specified in notification. whose name is borne on the panel of proof engi- neers maintained by the Authority; “public building” means a building other than a é buildi (2) Where a body corporates, a council, or an organization, private building; or any Government department or department of body corporate or council is appointed as Authority, the Chief Executive or incharge of such body corporate, or council or organization or department, as the case may be, shall act as the Chief Executive of the Authority. “quality control” means the standards fixed or any code of practice of quality control recognized by the Authority for construction of buildings or development of plots; (3) The Authority for any area shall be known after the a fs iy : ian nder ? regulations” means the regulations made undergo of tab area and shall sue and be sued in such name. this Ordinance; 4A. Officers and Servants of the Authority. - (1) The Authority may appoint such Officers, advisers, experts, consul- tants, and employees for efficient performance of its functions and on such terms and conditions, as may be prescribed. “rules” means rules made under this Ordinance; “Society” means a society which directly or indi- rectly deals with providing plots to its members for housing, commercial or industrial purposes; (2) All Officers, advisers, experts, consultants, and employ- ees appointed under sub-section (1) shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860) and shall be subject to such disciplinary action as may be prescribed. lished under section 18-A;] “structural engineer” means a structural engineer who has been granted a licence under this Ordi- 4B. Supervision over the Authority. - Government may nance; appoint a Committee which may subject to the control and direc- ition of Government oversee the functioning of an Authority. “town planner” means a town planner who ha been granted a licence under this Ordinance. 4C. Fund. ~ (1) There shall be a fund of the Authority to be nown after its name. (2) The fund shall consist of - “Section 4 substituted by new sections 4, 4-A, 4-B and 4-C by the Sindh buildings Control (Amendment) Ord., 1982, (Sindh Ord. No. III of 1982), the Sindh Govt. Gaz. Extr., Pt. L, P. No. 208, dated March 6, 1982.