SIND BUlLDING CONTROL
Karachi,3 march 1979
An Ordinance to pro vu/c for
regulation of the planning. construction, control and
demolition of building and disposal of building
(1/1(1 plots in tile province of Snid
No. S. Legis. 1(5) / 79. The following Ordinance by the governor of Sind is hereby j for general information:-
Preamble.—- Whereas it is expedient to regulate the planning, 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 dilapidated buildings in the province of Sind.
Now therefore in pursuance of the Proclamation of the fifth day of July 1997 and the Laws (Continuance in Force) Order, 1997 the Governor of Sind is pleased to make and promulgate the following Ordinance:—-
1:- Short title, and commencement and extent:
(1) This Ordinance may be called the Sind Buildings Control Ordinance, 1979.
(2) It shall come into force from such date and in such area as Government may, by notification, specify.
(3) Government may, by notification, exclude any area from the operation of all or any of the provisions of this Ordinance.
2:- Non-application of a law.
Nothing contained in any other law for the time being in force shall apply to any matter regulated by this Ordinance.
(1) In this Ordinance, unless there is anything repugnant in the subject or context,–
(a) “Architect means an architect who has been granted a license under this Ordinance;
(b) “Authority” means the Authority appointed under section 4;
(c) “Builder” means a person or body of persons, including a society engaged in construction of a building on contract, or as o or agent of owner for the purpose of transferring such building on hire or by sale or on the basis of ownership, but does not include a person or persons engaged as masons or such other artisan;
(d)”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;
(e)”Building Designer” means a building designer who has been granted a license under this Ordinance;
(f)”Building supervisor” means a building supervisor who has been granted a license under this ordinance;
(g)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 transfer by allotment to the members if the developer be a society, or to other persons on basis of ownership or by sale;
(h)”Fund” means the fund of the Authority, constituted under section 4-C;
(i)”Government” means Government of Sind.
(j)”Inspecting architect” means an inspecting architect who has been granted a license under this Ordinance.
(k)”Inspecting engineer” means an inspecting engineer who has been granted a license under this Ordinance.
(l)”Prescribed” means prescribed by rules or regulation made under this Ordinance;
(m)”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 ownership and does not include a building like a mosque, auditorium, cinema or such other buildings;
(n) Engineer” means a structural engineer whose name is born on the panel of proof engineers maintained by the Authority;
(o)”Public Building” means a building other than a private building;
(p)”Quality Control” means the standards fixed or any code of practice of quality control recognized by the Authority for construction of building or development of plots;
(q)”Regulation” means the regulations made under this Ordinance;
(r)’ means rules made under this Ordinance;
(s)”Society” means a society which directly or indirectly deals with providing Plots to its members for housing, commercial or industrial purpose; V
(t)”Structural Engineer” means a structural engineer who has been granted a license under this Ordinance;
(u)”Town Planner” means a town planner who has been granted a license under this Ordinance.
(2) The expressions used but not defined in this Ordinance shall have the meanings assigned to them in the Sind Local Government Ordinance, 1979].
(1) Government may ,by notification, appoint any body corporate 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.
(2) Where a body corporate, a council, or an organization, 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 of organization or department, as the case may be, shall act as the Chief Executive of the Authority.
(3) The Authority for any area shall be known after the name of that area and shall sue and be sued in such name.
4-A. Officers and Servants of the Authority.
(1) The Authority may appoint such Officers, advisers, experts,. consultants, and employees for efficient performance of its functions and on such terms and conditions, as may be prescribed.
(2) A1l Officers, advisers, experts, consultants and employees 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 1860) and shall be subject to such disciplinary action as may be of prescribed.
4-B:- Supervision over the Authority
Government may appoint a Committee which may subject to the control and direction of Government oversee the functioning of an Authority.
(1) There shall be a fund of the Authority to be known after its name.
(2) The fund shall consist of
(i) Grant-in-aid made by Government or received from any other
source including foreign aid;
(ii) Loans raised or obtained by the Authority;
(iii) Fees and. other sums received by the Authority under this
(3) All the moneys in the fund shall be kept in a Bank approved by the Authority.
(4) The Authority may invest its funds in any other security of the Federal Government, Provincial Government or any security approved by Government.
(5) The fund shall be utilized for carrying out the purposes of this Ordinance.
(6) The Authority shall maintain or cause to be maintained complete and accurate accounts of the fund in such manner or from as may be prescribed by rules.
(7) The accounts of the Authority shall be audited at least once in every financial year by such auditors or accountants, as may be approved by Government.]
5: Sale of Plots.
(I) No developer shall transfer any plot or plots on the basis of owner ship or by sale or advertise such transfer, without obtaining a no
objection certificate from the Authority in the manner and on payment of such fee as may be prescribed.
(2) Where the Authority is satisfied that the development of the plots made or proposed to be made is below the standard laid down by the Authority, it shall refuse to given the no objection certificate under sub-section (1).
(3) Where the developer has failed to deliver the possession of the plot mentioned in sub-section (1) by the date specified in the agreement with the transferee , he shall, unless the date has, on his application, been extended by the Authority, pay such interest not exceeding the interest payable by a Scheduled Bank as may be prescribed on the
amount paid by the transferee.
(4) The provisions contained in sub-section (1), (2), (3), (4), (5) and (8) of section 12 shall ,mutatis mutandis, be complied with by the developer in respect of the plot or plots mentioned in sub-section (1).
(5) The provision contained in section 15 shall mutatis mutandis, apply to the transferee of a plot or plots mentioned in sub-section (1).
6:- Approval of plan.
(1) No building shall be constructed before the Authority has, in the prescribed manner, approve the plan of such building and granted no objection certificate for the construction thereof on payment of such fee as may be prescribed:
Provided that in the case of a building the construction whereof has commenced before coming into force of this Ordinance, the Authority’s approval of the plan and no objection certificate shall be obtained not latter than six months after the enforcement of the Ordinance.
(I) The word “construct” with all its variations used is this section and hereafter shall include “reconstruct” with all its variations and additions or alterafion.1
(2) No building mentioned in sub- section (1) shall be , occupied by any person or shall be allowed by the builder to be occupied, before the Authority has, on application of the occupant or owner, issued occu paney certificate, in such manner as may be prescribed.
(3) No building mentioned in sub-section (1) shall, except with the permission of the Authority, be used for the purpose other than that for which its plans were approved.
(4) Where the Authority is satisfied that the purpose for which the building is desired to be used is consistent with the approved plans of the building, it may grant the permission under sub-section (3) on such conditions and on payment of such fees as it may fix.
*[(5) At any time after a no-objection certificate has been issued under sub-section (1) but before the completion of building, Government ma, if it is satisfied that the construction of any type of building or buildings in any area is not in the public interest or is otherwise inexpedient, notwithstanding any thing contained in this Ordinance, rules or regulations made there under and without notice suspend or cancel the certificate.
Explanation.——– the expression “completion of building” used in sub-section means the completion of building in all respects according to the approved plan and in respect where of occupancy certificate has been issued.
(6) Where any order is passed under sub-section (5), the matter shall be reprocessed by the Authority in accordance with such directions as may be given by Government.
Suit relating to public nuisance filed without permission of Advocate-General—Maintainability— Construction of high rise building consisting of ground floor plus loft and seventeen upper floors—Plaintiffs being residents of adjoining building alleged blockade of their easement rights of air, light and privacy apart from public nuisance in shape of pollution, traffic jam and shortage of amenities—Held: objection as to maintainability of suit on account of bar under S.91 would not be valid—Plaintiffs could maintain cause without seeking permission of Advocate-General. Kajjam Lakshminarasamma v. Tanniru Seshayya and others AIR 1951 Mad. 491 and Naz Shaukat Khan v. Mrs. Yasmin R. Minhas 1992 CLC 2540 ref. 2003 Lawvision 59 = 2003 CLC 632
Karachi Building and Town Planning Regulations, 1979, Regln. 29(3)— Easements Act (V of 1882), S.15—Interim injunction against construction of high-rise building consisting of more than seventeen floors—Entitlement—Plaintiffs as residents of adjoining building had alleged blockage of their easementary rights of air, light and privacy apart from public nuisance in shape of pollution, traffic jam and shortage of amenities—One of the plaintiffs and another person had filed Constitutional petition against defendant-construction company, K.B.C.A., K.E.S.C. and Sui Southern Gas Company in respect of the same project and Division Bench of the High Court had negated all the grounds presently taken in support of application for interim injunction with reference to provisions of Sindh Buildings Control Ordinance and Karachi Building and Town Planning Regulations—Plaintiffs, in such circumstances, could not be said to have prima facie case—Plaintiffs had claimed easement rights of light, air and privacy in terms of S.15 of Easements Act, 1882, which attached conditions to such right and which being of fact needed trial—Without proving such easements right, merely on basis of violation thereof, defendants could not be restrained from raising construction being raised strictly under approved plan—Construction so raised would be subject to plaintiffs’ such right to be proved at trial—Any construction raised by defendants would be at their risk and costs—Court restrained defendant-construction company from handing over possession in violation of S.6(2) of Sindh Buildings Control Ordinance, 1979— Application for interim injunction was allowed with such observations. Zhehla Zia v. WAPDA PLD 1994 SC 693; Continental (Pvt.) Ltd. v. Government of Sindh 1996 CLC 417; Excel Builders v. Ardeshir Cowasjee PLD 1990 SC 2089; Naz Shaukat v. Yasmeen 1992 CLC 2540; Abdul Razaq v. K.B.C.A. PLD 1994 SC 512 and Multiline Associates v. Aredeshir Cowasjee PLD 1995 SC 421 ref. C.P. No.1775 of 2001 fol. 2003 Lawvision 59 = 2003 CLC 632
6-A:- Information for no objection certificate.
A builder or developer shall for the purpose of obtaining no objection certificate under section 5 or as the case may be, under section 6 furnish full and true information as to the following duly attested in the manner as may be prescribed:
(a) his own title, and title or interest of any other person any encumbrance such as mortgage or lease or licence in respect of the land on which a building is to be constructed or which is to be developed in to plots;
(b) plans, specifications, design and materials to be used, as approved by the Authority;
(c) all money payable under any law for the time being in force in respect of the building or plot as the case may be, which may include taxes, ground rent, revenue assessment, electricity and water charges;
(d) such other information and documents as may be specified by the Authority.
7:- preparation of plans.
(I) The plan submitted to the Authority under section 6 shall be prepared by and under the supervision of, and signed by, such person or persons referred to in sub-section (1) of section 8 as may be prescribed.
Provided that the structural engineer shall be associated with the architect to prepare the structural designs, drawing and sign them if the building:
(i) is sixteen meters or more in heights from the plinth level;
(ii) consist of five or more storeys, in addition to the ground floor;
(iii) consist of two or more storeys, in addition to the ground floor, situated in the coastal areas notified by the Authority;
(iv) is considered by the Authority to be of special nature:
Provided further that a town planner shall, in addition in structural engineer, be associated to assist the architect in preparation of the plan if the building is constructed on a plot of two acres of more and the Authority deems that association of town planner is necessary and in that case the plan shall be signed also by the town planner.
(2) An Inspecting engineer shall be engaged for supervision of construction of a building other than a single or double storeyed building on an area not exceeding four hundred square yards the construction whereof may, instead of inspecting engineer, be entrusted to the supervision of a building supervisor, and the inspecting engineer or as the case may be, the building supervisor shall sign the plan of the building.
(3) The builder and any person or persons associated in any manner with the building including its plan and construction, shall be liable br the defects in the structure, plan and construction thereof to such extent and manner as may be determined by the Authority.
(4) The Authority may, for the reason of safe and sound construction, refer the structural design of any building for further examination to a proof engineer who shall scrutinize the design and, if necessary,. modify it and the fees or any charges in connection there with shall be borne by the builders.”
Words, “any defect” in S. 11(2)-Not wide to include power of issuing direct tion to demolish construction-Power qua demolition specifically provided regarding defective construction-Word, `defect” in S. 7 refers architect and planning defect or one in construction of building itself-Word “defective” in S. 11(2) not to cover case of raising unauthorised construction P L J 1981 Karachi 188
7-A:- Violation of certain provisions.
Where the provisions of sub-section (1) of section 6 are violated the building may without prejudice to any other action including sealing of the building or ejectment of the occupants be ordered by the Authority or any officer of the Authority authorized in this behalf to he demolished, at the cost of the builder in the case of public buildings and the owner in other cases.
8:- Grant of licence.
(1) No person or body of persons shall not as architect, building designer, inspecting engineer, inspecting architect, building supervisor, structural engineer or town planner except with a licence granted by the Authority in manner, and on the term and conditions as may be prescribed:
Provided that any licence granted under any other law for the time being in force shall expire after six months from the date of the coming into force of the Sind Buildings Control (Amendment) Ordinance, 1982.
(2) No licence under sub-section (1) shall be granted unless an architect, building designer, inspecting engineer, inspecting architect, building supervisor, structural engineer or town planner possesses such qualifications as may be prescribed.
(3) The functions of and remuneration payable to an architect, building designer, inspecting architect, inspecting engineer, building supervisor, structural engineer or town planner shall be regulated in such manner as may be prescribed.
9:- Grant of licence to builder or developer.
No builder or developer shall engage in construction or transfer of a building or, as the case may be, development or transfer of a plots, or plots except with a licence granted by the Authority in the manner and on the term and condition including fees as may be prescribed.
10:- Licensing Board.
(1) Notwithstanding any other provision of this Ordinance, Government may by notification constitute a licensing Board for the whole Province to grant licences to the persons referred to in sub section (1) of section 8.
(2) Where a Board has been constituted under sub-section (1),the Authority shall cease to exercise the powers under section 8 and to frame regulations in respect of the matters specified there in and in that case all such matter shall be regulated in the manner prescribed by rules.)
10-A:- Appointment of Committees and Sub-Committees.
The Authority may appoint committees or sub-committees which shall subject to control and direction of the Auth6rity exercise such powers and perform such function as may be assigned to them by the Authority.)
11. Inspection of Building or Plot.
(1) The Authority may authorize any officer not below grade 17 of the national scales of pay to inspect any. building under construction or any plot developed or being developed in any locality or localities or as may be assigned to such officer for the purpose of quality control.)
(2) If in the, opinion of the officer authorized under sub-section (1) the construction of any building is not in accordance with the plan or the specifications approved by the Authority or any material used in the construction is of sub-standard or is not of the quality or type mentioned in the advertisement under section 12, such officer may, by order in writing issue any direction, and it shall be the responsibility of the builder and all those concerned with the construction of the building to carry out such direction or he may require that the construction be suspended until any further direction is issued either by him or by the authority, or order that the construction which in his opinion is defective be demolished at the cost of the builder.
12:- Sale of building :.
(1) No builder shall sell or, advertise for sale any building, through any audiovisual aids or any other means before he has obtained approval in writing of the Authority, and he shall mention such fact in the advertisement which will further specify all such details about the building as may be prescribed.
(2) The approval granted by the Authority under sub-section (1) shall be displayed at a conspicuous place in the office in the builder, if any, and at the site of the building.
(3) The builder shall not entertain and register any application mad in response to the advertisement under sub-section (1), if it is in excess of the number of housing units provided in the building.
(4) any application is mad in response to the advertisement, an agreement shall be executed between builder and the applicant for construction and transfer of the building and the agreement shall, interalia, specify the date by which the construction shall be completed and possession of the building shall be delivered and the total price to be paid in lump sum or in installments and also the interest payable by either party in the event of default:
Provided that the payment if any made by the applicant before the execution of the agreement shall not exceed such maximum of the total price as may be specified by the Authority.
(5) Notwithstanding the agreement mentioned in sub-section (4) no builder shall cancel the transfer by sale or otherwise without obser ving the prescribed procedure.
(6) No builder shall without approval of the Authority, make any alterations in the structures described In the plans, design and specification approved by the Authority.
(7) The builder shall take out a contractors All Risk Insurance Policy in respect of the building which shall also cover losses arising out of defects in design and earthquake.
(8) The builder shall maintain a list of buildings already constructed or transferred by him with full particulars as may be specified by the Authority, including the names, and addresses of the transferees and the terms and conditions on which the buildings were transferred and shall, on demand of the Authority furnish a copy of such list or part thereof.
(9) Where any structural defect in the building or the material used in construction thereof or any unauthorized change therein is brought to the notice of the builder with in a period of one year in respect of structure and, six months in respect of the fixtures, from the date of offering physical possession to the transferee such defect or unauthorized change shall be removed with out any additional cost from the traneferee or appropriate compensation be paid to him, and in the case of dispute as to the defect or change or quantum of compensation the decision of the Authority shall be final.]
13:- increase of sale price:.
(1) he sale price of a building advertised under section 12, i or agreed upon between the parties for sale before the commencement of this Ordinance shall not, after the advertisement or agreement] be increased except with with the approval of the Authority who may, after taking into consideration the rise in cost of building material and wages of the labour and such other expenditure, allow such increase as the Authority deems fit.
(2) Where a building cannot be completed by the date mentioned in the if advertisement or offer I the Authority may on application made in this behalf, extend the period for completion of the building.
(3) Where a building has not been completed by the date mentioned in the i advertisement or offer I and the application under sub-section 2)has been rejected, the builder shall be liable to pay interest at much rate not exceeding the rate charged by a Scheduled Bank anti in such manner as may be prescribed, to the buyer of the building, on the amount of the sale price paid by such buyer for the period by which the completion of the building has been delayed.
13- A:- Formation of Co-operative Societies.
Where a building, after its completion, is transferred to such number of persons who can from a co-operative society under the sind co operative societies Act, 1925, all such persons shall, for the purpose of maintenance of building, from such society.
14:- Dangerous buildings.
(1) If it comes to the notice of the authority that a building is likely to collapse, the authority may, after such enquiry as it deems fit order for carrying out the specific repairs or demolition of the whole or part of the building.
(2) Where the specific repairs are to be carried out, the Authority may, by notice, require the owner of building or in the event of his failuer the occupier thereof to carry out such repairs within such period as may be specified in the notice and if the repairs are not carried out with in the specified period, the Authority may, not with standing any other law for the time being in force proceed to have the building demolished and the cost of demolition shall be recovered from the owner is arrears of land revenue.
(3) Where the whole or a part of the building is to be demolished, the Authority may, by notice, require the occupier or occupiers there of 1. to vacate the building within the period specified in the notice and if the building has not been vacated with in such period:, the Authority may, notwithstanding any other law for the ime being: in force order that occupier or occupiers of the building be ejected, if necessary, by force 2.
Provided that no action shall be taken under this section unless the Person who is likely to be affected thereby is given and opportunity of being heard.1
15:- Interest on un-paid installments.
Where a person has purchased a building on installments in response to the advertisement under section 12, and has failed to pay any installment in time he shall be liable to pay interest on the amount of the un-paid installment at such rate not exceeding the rate charged by a scheduled bank, as may be prescribed.
An appeal from an order under this ordinance may, in the prescribed manner, be preferred within thirty days of such order to:
(a) Government in the case of the order made by the Authority ; and
(b) The Authority, in other case.
17:- Disposal of application or appeal.
An application or appeal made under this ordinance shall be disposed of within thirty days of the receipt thereof unless this time limit is extended from time to time by Government on the request of the Authority 3
Provided that no application or appeal shall be disposed unless the applicant or appellant, as the case may he, is given an opportunity of being heard.
18:- Delegation of powers.
Government may, be a notification, delegate any of powers vested in it or in the Authority to any officer or authority.
(1) who ever contravenes any provision of this ordinance, shall be punished a with simple imprisonment for a term not exceeding two years or with fine not less than twenty thousand rupees or with both and if the offence is a continuing one, further fine not exceeding five hundred rupees for each day after the date of the first commission of the offense.
(1-A) The Authority or any person authorized by it in this behalf may compound any offense under this ordinance or such terms and conditions as maybe prescribed [;]]
Provided that no offense relating to building works commenced or carried out in violation of the regulations framed or deemed to be framed under section 21-A, shall be compounded.
(2) No court shall take cognizance of an offense under this ordinance except upon a complaint in writing made by the Authority or any person authorized by it.
No suit or legal proceedings shall lie against Government or the Authority or any person in respect of anything done or intended to be done in good faith under this ordinance.
20-A:- Notice for institution of suit.
No suit shall be filed against the Authority or any of its employees in respect of any thing done or purported to he (line by the Authority or such employee under this ordinance except after expiration of sixty days next after notice in writing has been delivered to or left at the office of the Authority or employee as the case may be.]
21:- Power to make rules.
Government may, make rules for the purpose of giving effect to provisions of this ordinance.
(1) The Authority may, frame regulations not in consistent with the provisions of this ordinance and the rules made thereunder, for carrying out the purposes of this ordinance.
(2) In particular and without projudice to the generality of the foregoing power, such regulations may provide for
(a) The recruitment, tenure of office, terms and conditions of service of the officers, advisers, experts, consultants and employees appointed by the Authority and disciplinary action against them
(b) The manner of approval, grant of no objection certificates to builders or developers and rates of fees therefor;
(c) The manner of grant of occupancy certificate and fees therefor;
(d) The manner of attestation of documents or information;
(e) The manner of preparation, supervision and submission of building plans;
(f) The qualifications, manner of grant and terms and conditions of and fees for licences to architects, building designers, inspecting engineers, inspecting architects, building supervisors, structural engineers or town planners and regulation of their junctions and remuneration;
(g) The manner of grant and terms and conditions of licence to builders or developers and fees for such licences;
(h) Procedure for cancellation of transfer or sale;
(i) The details of the building or plot required to be mentioned in the advertisement for its sale by the builder or developer, as the case may be;
(j) Rates of lees for supplying copies of any document or information;
(k) Terms and conditions of compounding of offences;
(l) Rates of interest payable under this Ordinance.
(3) The Karachi Building and Town Planning Regulations, 1979, in the case of the Authority of Karachi and the bye-laws of the council concerned in other cases, duly published shall until the regulations are framed under this section, be deemed to be the regulations, not framed ; provided that they are not inconsistant with the provisions of this ordinance and rules framed thereunder.
KARACHI BUILDING CONTROL LICENSING
[Sind Govt. Gazette, Ext. ,Part 1-A1]
Date April 8, 1982
(Master Plan & Environmental Control Department Authority under
Sind building Control Ordinance 1979)
No. 10. 1/ PLA/ MP& EC/ 82 :- In exercise of the powers conferred under section 21 (A), of Sind building control ordinance No. V of 1979 (S. B C.O. Amendment Ordinance of 1982) the Authority is pleased to make the following Regulations, namely:
1:- Short title and commencement and extent.
(1) These regulations may be called the Karachi Building Control Lincencing regulations, 1982.
(2) These Regulations shall come in to force at once.
(3) These regulations shall extent to the whole Karachi Division.
In these regulations, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say:-
(a) “Form” means a form prescribed by the authority for the grant of Licence.
(b) “Committee” means a committee or committees appointed under these regulations for the grant of licence.
(c) “Licence” means sanctions granted to any persons to act as an Architect, Building Designer, Inspecting Engineer, Inspecting Architect, Structural Engineer, Building Supervisor, Town Planner, Builder or Developer for the purposes of the Ordinance and the rules, regulations.
(d) “Licence” means a person to whom a licence is g or is deemed to have been granted under these Regulations.
(e) “Ordnance” means Sind Building Control Ordinance, 1979.
3:- Eligibility to. Apply.
Any person who holds the qualifications and experience as prescribed in part 1 of these regulations may apply for a licence on the prescribed form.
4:- Manner of grant of Licence.
(1) Every application for licence shall be accompanied by such fee as prescribed in Part II, of these regulations.
(2) If the application is rejected, the fee shall be refunded
5. Licencing Committees:.
(1) Application for Licences of Architects, Building Designers and others shall be considered by a committee consisting of :-
(a) Director, MP & EC. …. …. …. Chairman.
(b) Controller of Buildings …. …. ….. Member.
(c) Representative of Deputy Director, Military Lands &
Cantonments, Karachi …. …. …. Member.
(d) One representative each from :-
(1) Federation of Architects & Engineers ,Pakistan. …. …. Member.
(2) Pakistan Engineering Council. …. …. …. Member.
(3) Institute of Architects, Pakistan. …. …. ….. Member.
(4) Institutes of Engineers, Pakistan. ….. ….. …. Member.
(5) Institute of City and Regional Planning,
(Karachi Chapter) …. ….. …. Member.
(6) Deputy Controller of Buildings, incharge of
Licencing. …. …. …. Secretary.
(2) Applications for licences of Builders and Developers shall be considered by a Committee consisting of :-
(1) Director, Land Management, K D A …. …. ….. Convenor.
(2) Controller of Buildings ….. ….. ….. Member.
(3) Director ( P &UD) KDA ….. ….. ….. Member.
(4) Add. Director (H Q) Resettlement Department KDA. ….. Member.
(5) Superintending Engineer (Dev). KDA …. ….. Member.
(6) Deputy Controller of Buildings, Incharge of
Licencing. ….. ….. Secretary.
(3) The Committee shall preferably hold its meetings once a month.
6:- Function of the Committee.
(1) The Committee, shall Scrutinize all applications and inspect all documents and recommend to the Authority for the grant or reject of the licence in the light, of these regulations.
(2) The Committee, before recommending or rejecting a licence ,shall also see besides prescribed qualifications and experience , the capability of supervision of construction work by the applicant and in case of builders and developers, the staff equipment and Other related matters.
(3) The Committee shall interview the applicants before the issue of a licence.
(4) On the recommendations of the Committee, Controller of Buildings or an Officer authorized shall issue a licence or inform applicant of the rejection with reasons.
(5) The Committee shall hear the appeals against the suspension of licence order issued by Controller of Buildings and submit its findings to Director General, KDA for final decision or other guidance in the matter.
The licence granted under these regulations shall be valid for a calendar year ending 31st December.
8 :- Renewal.
The application for renewal of licence granted under these regulations accompanied by such fee as prescribed shall be made to the Authority at least 30 days before expiry of the existing licence.
9 :- Revocation.
Without prejudice to any other action that may be authorized under the ordinance or the rules framed thereunder the Authority may revoke or suspend the licence if the licence voilates
any of the conditions of the grant of licence.
(1) Any person aggrieved by an order of the authority under these regulations, may within thirty days of such order prefer an appeal to Director General, KDA.
(2) Government in the case of the order made by the Director General KDA whose decision in the matter shall be final.
(1) Five years degree or five years Diploma in Architecture or its equivalent from any recognized institution by the Government plus two years experience in Architectural designing and supervision of building construction.
(2) Four years Diploma Course from the Karachi Government School of Architecture Government of Pakistan completed not later then 19/4, with eight years practical experience in Architectural Designing and supervision of building construction.
(3) Twelve years of continuous professional practice as a licensed architect from any local Authority. No fresh licence under this category shall be granted after 12 months of the enforcement of these regulations.
(4) A Civil Engineer who has a degree in Civil Engineering or its equivalent from institutions recognized by the Government and is registered with Pakistan Engineering Council , plus ten years experience in Architectural designing and supervision .No fresh licence under this category shall be granted after 12 months from the date of enforcement of these regulations.
(5) Member of a National Institution or Association recognized by the Government or by an. International Organization of Architects, as may be prescribed by the Government.
B :- Building Designer.
(1) Degree in Architecture or 5 years Diploma from any recognized institution.
(2) Degree in Civil Engineering or its equivalent qualifications recognized by Pakistan Engineering Council with two years experience in architectural Design and Supervision of Building Construction.
(3) Ten years experience in Architectural Designing and supervision of building construction with licenced Architect and five years practice under a licence granted by any local Authority. No fresh licence shall be granted after i2 of the enforcement of these regulations.
(4) Diploma in Civil Engineering from any recognized institution plus five years minimum experience in Architectural designing and construction and have a licence of supervisor under the Ordinance.
C:- Inspecting Engineer.
l) Degree in Civil Engineering or any other equivalent qualifications recognized by the Government of Pakistan and Pakistan Engineering Council, with two years practical experience in building designing and supervision of building construction and registered in the Civil Division of the Pakistan Engineering Council, as a Registered Engineer.
D :- Inspecting Architect.
Same as A (1),(2),(3)and(4).
E :-Building Supervisors.
(l) Three years diploma in Civil Engineering from recognized institutions plus two years experience of supervision of building construction.
(2) Three years certificate course in Civil Engineering from recognized institutions plus two years experience of supervision of building construction
(3) Two years certificate course in Civil Engineering from recognized institutions plus four years experience of supervision of building construction.
(4) One year certificate course in Civil Engineering from recognized institutions plus five year experience of supervision of building constructions.
(5) Practical experience of supervision of building construction for more than fifteen years. No fresh licence under this under this category shall be granted after 12 months of the enforcement of these regulations.
F :- Structural Engineer.
(1) Recognized post graduate degree or equivalent qualifications in Structural Engineering and registered as Consulting Engineer, in the Civil Division of Pakistan Engineering council plus practical experience of two years in Structural designing of buildings.
(2) Degree in Civil Engineering or its equivalent and registered in the Civil Division of Pakistan Engineering Council, as Consulting Engineer, plus practical experience of five years in Structural designing.
G :- Town Planner.
(1) Post graduate degree or diploma of atleast two years duration in City , Town or Regional Planing , from a foreign institutions recognized by the Government plus one year practical experience and an Associate member of Institute of City and Regional Planning, recognized by the Government.
(2) Degree in City ,Town or Regional Planing from any recognized institutions of Pakistan and an Associate member of institute of City and Regional Planning as recognized by the Government, with two years practical experience.
(3) Diploma in Ekistics from the center of Ekistics, Athens with 8 years practical experience in City, Town or Regional planning and an Associate member of Institute of City & Regional Planning, as recognized by the Government.
(4) Post graduate degree in any social Science with a post graduate diploma or certificate in City, Town or Regional Planning from any foreign institutions recognized by the Government and a lincenciate member of institute of City & Regional Planning as recognized by the Government, with 15 years practical experience in City, Town and Regional Planning , and may plan up to 1O(ten) acres.
The fees shall be paid at the following rates :-
(1) Licence to :-
(a) Architect/ inspecting Architect ….. Rs. 250. 00 and for renewals Rs. 100.00 per annum.
(b) Building Designer ….. Rs. 150.00 and for renewals
Rs. 75.00 per annum.
(c) Inspecting Engineer ….. Rs. 250.00 and for renewals
Rs. 100.00 per annum.
(d) Buildings Supervisors ….. Rs. 150.00 and for renewals
Rs. 75.00 per annum.
(e) Structural Engineer ….. Rs. 250.00 and for renewals
Rs. 100.00 per annum.
(f) Town Planner ….. Rs. 250.00 and for renewals
Rs. 100.00 per annum.
(g) Developer ….. Rs. 2,500.00 and for renewals
Rs. 1000.00 per annum.
(h) Builder ….. Rs. 2,500.00 and for renewals
Rs. 1000.00 per annum.
(2) No objection certificate under Rs. 1000.00 per acre of the
Sections 5 of the Sind Building
Control Ordinance gross area.
(Architect/ Inspecting Architect, Building Designer, Inspecting
engineer, Building Supervisor, Structural Engineer and Town
The Authority may suspend or cancel the licence in addition to the action under the relevant statute in case the licence:-
(1) Disobeys or fails to comply with any regulations or directions issued by the authority from time to time or any rules framed under the S.B.C.O. 1979 and the provisions of the Ordinance.
(2) Executes or supervises any Authorized work or any work which is being raised without approval of buildings plan or is not in accordance with the plans approved therefor by the authority.
(3) Does not inform in time the Authority for any unauthorized work carried out by his client which is not in accordance with the plans approved therefore by the Authority.
(4) Executes or’ Supervises carelessly or negligently the work for which he has been employed.
(5) Willfully misrepresents any facts or makes any false statement to the Authority or suppresses information of any material fact relating to the work for which is employed.
(6) Disturbs, defies or breaks the discipline of any office of the Authority.
(7) Proves to be incompetent or frequently prepares plans which are liable to objection by the Authority, or prepares plans grave disregard of the provisions of the relevant statute.
(8) Shall not enter in to a written contract with his client clearly specifying the work to be under taken by him and fee and other charges for such work and approximate period for completion of such work.
(9) Does not inform in writing the authority of his discontinuance of any works which were undertaken by him.
(10) No licence shall undertake “IN HOUSE CONSUL TANCY” for the projects of his own and shall engage independent professionals for relevant works on such projects.
TERMS AND CONDITIONS OF LICENCE
(BUILDERS / DEVELOPERS)
The Authority may suspend or cancel the licence in addition to the action under the relevent statute in case the licencee do not fulfill the conditions mentioned hereinafter :-
(1) The licence disobeys or fails to comply with any regulations & directions issued by the Authority or any rules framed under the S.B.O.. ,1979 and the provisions of the ordinance.
(2) The licence will fully misrepresents any facts or makes any false statement to the Authority or suppresses the information of any material fact relating for the project.
(3) The licence either directly or through some agent advertises in any manner the sale of flats/ houses/ plots etc. Without prior approval of the Authority or increases the prices once approved by the Authority.
(4) The licence shall be responsible for safe and sound construction of building and developments ofo the project in additions to other professionals.
(5) The licence shall not engage in any ‘IN HOUSE CONSUL TANCY’ for the projects of his own and shall engage for the planing and execution of work ( s ) an independent licenced Architect / Structural Engineer / Inspecting Engineer / Building Supervisor or Town Planner, as the case may be.
(6) The licence shall carry out the work (s) strictly according to the approved specifications and designs by the Authority.
(7) The licence in case of individual and in case of a Registered company or a Cooperative Housing society, its Directors shall be personally and severally be held responsible for the breach of any provisions of the Ordinance and rules and regulations framed thereunder.
(8) The licence shall provide all assistance to the Authority and its officers is carrying out their duties and provide all facilities in inspecting the building / site and shall furnish the required information from time to time.
(9) The licence shall follow all other terms and conditions imposed with the approved building or lay out plans.
(10) The licence shall inform the Authority, change of any status in the project, undertaken by him after its approval.