Introduction to Law and Regulation Framework
This coursework study describes under jurisprudence and regulative model. From this assignment aims to supply a survey about edifice ordinances, be aftering ordinances in Srilanka. This study provides respects to the on-going undertaking at “Villa Garden” , Albert Crescent, Colombo 07.
The edifice known as “ Villa Garden” , Albert Crescent, Colombo 07, has been refurbished and presently provides office space.However, theDeveloper has realized they made a error increatingoffices and now want to utilize the infinite as recreational adjustment. I.e. change over the buildingintoapproximately 20 serviced short stay flats.
TheDeveloper has asked us to give him initial advice on the procedures which will be required to obtain planning permission for the proposal.
Physical planning jurisprudence is the jurisprudence, which made for control and modulate edifice activities in the Srilanka. Local authorities and Urban Development Authority’s have the duty to implement this jurisprudence in Srilanka.
Town and state planning jurisprudence ( no.49 of 1946 ) was the jurisprudence which controlled and regulated the edifice activities in the yesteryear. Harmonizing totown and state planning jurisprudence act no 49 of 2000. The Town & A ; Country Planning ( Amendment ) Act, No. 49 of 2000 was approved by the Parliament and received the official countenance over establishing ofNational Physical Planning Departmentto replace the former Town & A ; the County Planning Department
And besides Urban Development Authority of Srilanka One of the chief responsible authorization for edifice activities in urban countries. The UDA was established from parliament act no 48 of 1978 with connotation to advance planning and execution of economic, physical and societal developments of the countries which declared by the authority.And our capable site country which situated on Albert Crescent, Colombo 07 besides country which declared as anUrban country from the act no 41 of 1978. Due to that this edifice needs UDA blessing.
Urban development authorization has provided their legal implements to set down and edifice development by relevant Acts of the Apostless. As shown in the followers,
- In 1990 Town and state planning act
- In 2007 CDM ordinances
- In 2000 Building ordinances
- In 1980 edifice act
- In 2008 planning act
And besides By-laws, the regulations and ordinances enacted by an association or a corporation to supply a model to command its ain activities. Or Torahs which made by local authoritiess. This edifice situated in Colombo-7, and so Colombo municipal councilbylawsbesides applied for this edifice development. The chief jurisprudence which statutes for governs municipal councils isMunicipal Council Ordinance ( 29 of 1947 ) .Any new development or all other developments with add-ons and changes to bing edifice are required to acquire a edifice blessing as per the City ofColombo Development Plan ( Amendment ) 2008,City of Colombo Development Plan 1999.
Andthis is an office composite edifice which already built so now developer wants to construct it as a residential edifice it means this edifice needs to change over as an flat. So this edifice development should derive blessings fromcondominium direction authorization.Apartment ownership jurisprudenceandcondominium belongings jurisprudenceare the chief Torahs which affects for this sort of flat developments. Laws considered by the condominium direction authorization.
Condominium Management Laws in Srilanka.
- Apartment Ownership Law No: 11 of 1973
- Apartment Ownership ( Amendment ) Act. No: 45 of 1982
- Common Amenities Board ( Amendment ) Act. No: 46 of 1982
- Apartment Ownership ( Particular Provisions ) Act No: 4 of 1999
- Apartment Ownership ( Particular Commissariats ) ( Amendment ) Act No: 27 of 2002
- Apartment Ownership ( Amendment ) Act No: 39 of 2003
- Common Amenities Board Law No: 10 of 1973
- Common Amenities Board ( Amendment ) Act No: 24 of 2003
Before beginning of the building developer should subject relevant paperss and addition blessings fromUrban Development Authority ( UDA ) , Colombo Municipal Council ( CMC ) , andcondominium directionauthorization ( CMC ) .
In Srilanka town and state planning/physical planning jurisprudence Audinaneis the chief jurisprudence for constructing ordinances. However, this relevant country gazette as an urban country, harmonizing toNo 41 of 1978. Due tothat these edifice legal procedures go on harmonizing to UDA demands.
When it comes to constructing ordinances in UK. Town and state planning, procedure control over the development of all land ( including edifices ) in England and Wales, it is an administrative procedure deducing from the Town and Country Planning Act 1947. But now there are three chief Acts of the Apostless on the topic.Town and Country be aftering act -1990, Planning act-1990 and Town and Country plan order-2008.Are the chief relevant ordinances, regulates the edifice procedure in the UK.
In UK edifice ordinances, there are 14 specific documents/ blessings Named as A to p. For edifice blessing and control procedure. As follows
- A – Structure
- B – Fire safety
- C – Site readying, opposition to contaminates and wet
- D – Toxic substances
- E – Resistance to the transition of sound
- F – Ventilation
- G – Hygiene
- H – Drain and waste disposal
- J – Fuel storage systems
- K – Protection from falling, hit and impact
- L -Conservation of fuel and power
- M – Entree and usage of edifice
- N – Glazing
- P – Electrical safety
Each part/document named as ‘Approved Document ‘ , it contains practical and proficient counsel on demands can be met in common edifice events Under UK jurisprudencesection of local authorities and communities and relevant local governmentsare responsible for alteration in usage or the extension procedure of a edifice.
In the UK this Town and Country be aftering procedure implements byLocal governmentsandDepartment of Local Authorities and communities. Fromthis planning ordinances they are expected to, make planning’s of development plans, to command and modulate the development activities in the state and to make savings and preservations to edifices.
From this whole planning ordinances, Acts of the Apostless and Torahs, authoritiess or relevant governments expect to make their edifice activities more efficiency and truth. This planning permission ordinances and this procedure provide counsel to command the usage of land and edifices and to protect the public involvement.
As we have discussed in earlier from this planning procedure provides counsel and control development activities of a state. So so what is, development can specify as “the transporting out of edifice, technology, excavation or other operation in, on or under land or the devising of any material alteration in the usage of any edifice or other land( Camden, 2000 ).Section 54A of the Town and Country Planning Act 1990And we can split developed into two basic as
- Operational development
Transporting out of operations ( that is to state, edifice, excavation, technology or other operations ) or some physical change to the land or edifice work or internal plants.Section 55 of the 1990 Actcontains rather a list of operations and utilizations which do non amount to development.
- The devising of material alteration in the usage of land ( including edifices on land )
From this they concern about if their alteration of activities from it usage.Section 55 ( 3 ) of the 1990Act specifically states about alteration in the usage of a edifice.
Harmonizing to planning Acts of the Apostless, be aftering permission required to transport out any male monarch of a development. Therefore developer must obtain needed blessings before get downing the development. Therefore developer can subject the needed applications to relevant governments likeCOLOMBO Municipal council, condominium direction authorizationandurban development Authority.And more significantly, this edifice must derive blessing from COLOMBO Municipal council and urban development Authority otherwise this edifice can see as an unauthorised building. That contractor needs to derive permission residential edifice. To acquire needed permissions developer demands to subject these paperss.
- Land surveying program
- Design program
- Layout programs, harmonizing to demands of UDA.
Relevant condominium belongings jurisprudence and their planning permission
Harmonizing to our undertaking scenario, this edifice already made office composite. Now the developer wants to change over it into an flat edifice. So so the developer should obtain permission fromthe condominium direction authorization.In Srilanka chief act for condominium direction isan Apartment Ownership Act No 11 of 1973.Harmonizing to act to derive blessing from condominium direction developer should follow these stairss
- Condominium program to the Colombo Municipal Council as per the bylaws of the CMC.
Due to Bylaws of Colombo municipal council developer besides need blessings from CMC.
- After that developer should obtain be aftering permission from the condominium direction authorization.
Condominium Management Authority ( CMA ) has the duty and the power to command, direction, care, and disposal of the condominium belongings, and semi condominium belongings.
Registration of condominium program is mandatory so the developer must subject these relevant paperss.
- Condominium plan’
- Condominium declaration title
- Detailing flat Numberss.
- Common elements.
- Certificate from qualified civil/structural applied scientist.
Legal issues, certification issues, etc. we can place through this procedure. If there any issues or uncertainties with procedure developer can follow these stairss.
- First, it’s better to inform about development and acquire advices from officers of CMC. During this developer may necessitate to subjecta rubric titleof it.
- And developer must subjectDesign plans, Land study program and Land layout programrequired and more significantly, these paperss must fix and attest by qualified professionals.
After subjecting paperss to CMC. They will confer with their planning commission ( this consists with Planing officers of the UDA, Mayor or deep. Mayor or commissioner and members of municipal council. )
After this development procedure should obtain blessings from UDA. This blessing from UDA will granted by the planning officers of the UDA at the planning commission in CMC. And this edifice traveling to alter their usage to an flat edifice due to that developer after deriving blessings from CMC AND UDA. Besides needs to derive blessings from condominium direction authorization.
Introduction to Building Regulations.
The Building Regulations are statute law approved by Parliament that relate to criterions of design and edifice work for the building of domestic, commercial and industrial edifices.The edifice ordinances contain a list of demands that are designed to guarantee the wellness and safety of people in around the edifice. Under UK context, these Torahs implement as ordinances for High rise edifices.
- Planing Act 2008 ( economic substructure of edifices )
- Town and state planning ( general permitted development ) Order 2008 – This jurisprudence is governed by extension of edifices and houses and change etc.
- Planning ( listed edifices and preservation countries ) Act 1990
In srilankan context, this sort of affair will modulate harmonizing to UDA ordinances and harmonizing to their process. Harmonizing to the UDA ordinances, extension of a edifice regulate underRegulation NO 10. The developer must derive blessing under that, This planning process must be submitted under Section8J of the Law for the 1982 UDA ( Amendment ) Act No. 4the developer must obtainpreliminary planning clearance certification missive from UDA.After deriving be aftering clearance certification missive developer can merely get down the design work on the edifice.
- After the readying of programs ( drawings ) contractor/developer should obtaindevelopment licenseto get down building or to make any other development to edifice. This site are declared as an urban country, harmonizing to UDA act and this country besides situated in a Colombo Municipal council country due to that during this development license deriving process.both UDA and CMC demands needs to see. This procedure implemented by CMC be aftering commitie, required paperss demands to subject to them. To derive this development license, the developer must Proof theownership of land/propertyand subject certifications from“qualified persons”As mentioned ingazette presentment no392/2 of 1986should attest the application. applications can obtain from the western state, division and provincial officers UDA As charge for this service needs to pay
- Residential Rs. 2240/- ( Including VAT )
- Subdivision of Land Depends on the country of the Land
- Commercial Rs.5, 600/- ( Including VAT )
After subjecting needed paperss and application this procedure will take15 on the job yearssto give a feedback from authorization.
And significantly, this procedure will necessitate theseback uping paperss besides
- Supporting paperss required
- A transcript of the Survey Plan of the Land
- Application Duly Filled
- A unsmooth study of the path to entree the land
- Documents requested by UDA depending on the demand
- Land surveying program
- Design program
- Layout programs, harmonizing to the urban development authorization
hypertext transfer protocol: //www.gic.gov.lk/gic/index.php? option=com_info & A ; id=700 & A ; task=info & A ; lang=en
And besides all the programs and paperss must be prepared by a qualified individual such as charted applied scientists, designers act. There for developer must obtain blessing for the land study program and edifice programs. Otherwise the construction may be called unauthorised construction.
To obtain permission fora development license and a primary clearance certification, the contractor must subject primary clearance certification, the architectural programs which certified by a qualified Chartered Architect or an Architectural Licentiate. Certificate of conformance ( COC ) can non derive until above reference paperss are obtained.
As mentioned inRegulation 67 of Gazette No. 392/9 – 1986and AgendaV of Gazette No. 1597/8 – 2009to acquire a certification of conformance required paperss mentioned as follows, .
- A certification from acharted designerthat buildings are done under his supervising or approved by him.
- A Certificate fromCharted Civil Engineer, structural plants carried out under his supervising with sanctioned paperss.
- A Certificate fromCharted Electrical, Sanitary, Refrigeration Engineerall Services installed under supervising of them, and harmonizing to pre approved programs and H & A ; S demands.
Harmonizing toordinance 4all the programs and paperss must fix by qualified individual, all paperss needs to signed by the proprietor of the site or premises before entry and must submitted in three transcripts. And harmonizing toRegulation 6,this edifice to be built as a 20 storey flat edifice due to that this edifice can be assumed as aLarge Buildingbecause of that all the programs must pull under graduated table of1:1200.
Harmonizing toour scenario, this is 15 15 storey flat edifice.Aneodymium besides harmonizing toordinance 8constructing consider as aHigh rise edifice. Harmonizing to ordinance high rise ( CATEGORY A type ) edifice means edifices are which more than four floors without land floor ( G+4 & A ; ABOVE ) .
And besides harmonizing to UDAordinance no 7this edifice considers as anApartment edifice.Because this edifice traveling to utilize as residential edificeSoduring any type of legal activity this edifice considered asan flat edifice.
As mentioned before this edifice will be considered as a high rise edifice. Harmonizing to UDA ordinances, there are certain demands needs to be considered during the edifice procedure.
Harmonizing toordinance 27 ( 1 ) ,from this ordinance, they mention about what is the needed secret plan size of ahigh rise edifice.
- Maximal tallness of the high rise edifice, harmonizing urban development authorizationordinance 29 ( 1 ) .
And harmonizing to UDAordinance 30 ( 2 )Rear infinitedemand for High rise edifices.
And harmonizing to UDAordinance 27 ( 1 )minimal frontage for a High rise Building is20m.
- According to UDAordinance 30 ( 2 )reference about what is the needed back infinite from a edifice.
- And besides this sort of a edifice must see about entree for handicapped people, handicapped inclines, lavatories for handicapped people, lifts, stairwaies, galleries act harmonizing to supreme tribunal orderSupreme Court order SC ( FR ) 221/2009.
- Besides, harmonizingto UDA ordinance 45 ( 1 ) and 45 ( 2 ) suites in a edifice must provided with natural visible radiation and airing options, Windowss, doors or any other approved method should supply for this.
Andharmonizing toUDA ordinance no 38.Clearly reference about clearance distances from electric lines harmonizing to ordinance high rise edifice ( G+4 ) needs to keep 2.5m from lines.
And as we discussed before, get downing any kind of development before developer must obtain a development license. Harmonizing to UDA ordinance 12 they clearly mentioneddeveloper can’t carry any kind of a development activity dispute of the development license. The development license can be revoked due to these grounds, harmonizing to ordinance 122 as follows.
- IF developer breach conditions of a license.
- A dispute of the proviso of these ordinances.
- A deceit of facts in the application. Plans or other paperss submitted by the applier.
- If the developer fails to subject programs and other specifics harmonizing to demands ( Reg 9 ) .
And besides harmonizing toordinance no 11in certain state of affairss if developments permit garbage to publish by authorization within 30 yearss. The party who aggrieved by the determination can detect to the curate to acquire a determination on it.
From these ordinances, we can place what are the demands needs to see during this transition and how these ordinances impact on the undertaking.
And besides beyond these ordinances, there are certain demands for wellness & A ; safety on a site, harmonizing tosubdivision 6 of the Factories Ordinance, 1942,it is an obligatory for employe to guarantee safety of the worker. Harmonizing to, regulation people who involve with deleterious substances must necessitate to supply with safety equipments. ( Sections 32, 51, 53 & A ; 58 of Factories Ordinance ) . Harmonizing to subdivision 6employer ca n’t utilize below 18 employers to work on a machine until he gets a good preparation.
- Blackhall, J, 2000.Planing jurisprudence and pattern. 2nd Ed. London: Cavendish.
- Polley, s, 2008.Understanding the edifice ordinances. 4th Ed. London: Taylor & A ; Francis Ltd.
- Bury Council. 2012. Planning and Building Regulations. [ ONLINE ] Available at: hypertext transfer protocol: //www.bury.gov.uk/index.aspx? articleid=2412. [ Accessed 01 April 15 ] .
- Colombo Municipal Council. 2012. Development Permit / Planning Clearence. [ ONLINE ] Available at: hypertext transfer protocol: //www.cmc.lk/index.php? option=com_content & A ; view=article & A ; id=98 & A ; Itemid=65. [ Accessed 01 April 15 ] .
- Condominium Management Authority. 2009.Condominium Management Laws. [ ONLINE ] Available at: hypertext transfer protocol: //www.condominium.lk/index.php? option=com_content & A ; view=article & A ; id=45 & A ; Itemid=59 & A ; lang=en. [ Accessed 01 April 15 ] .
- Government Information Service. 2011.Obtaining Preliminary Planning Clearance for Change of Use.[ ONLINE ] Available at: hypertext transfer protocol: //www.gic.gov.lk/gic/index.php? option=com_info & A ; id=708 & A ; catid=22 & A ; task=info & A ; lang=en. [ Accessed 01 April 15 ] .
- Urban Development Authority – Sri Lanka. 2011. UDA Acts & A ; Amendments. [ ONLINE ] Available at: hypertext transfer protocol: //www.uda.lk/knowledge.html. [ Accessed 01 April 15 ] .
- City of Colombo Development Plan ( Amendment )–2008
- No. 1597/8-THE URBAN DEVELOPMENT AUTHORITY LAW, No. 41 OF 1978.