Building Regulation

Sanction of work by Municipality

§180

Summary

180. (1) Subject to the provisions of any bye-law, the Municipality may either refuse to sanction any work of which notice has been given under section 178 or any sanction in it absolutely or subject to - (a) any written directions that the Municipality deems fit to issue in respect of all or any of the matters mentioned in sub-head (h) of heading A of section 298, or (b) a written direction requiring the setback of the building or part of a building to the regular line of the street prescribed under section 222, or no default of any regular line prescribed under that section, to the line of frontage of any neighboring building or buildings. (2) In the case of a refusal to sanction under sub-section (1), the Municipality shall communicate in writing the reasons for such refusal to the person giving notice under section 178. (3) Should the Municipality neglect or omit for one month after the receipt of a valid notice under section 178 to make and deliver to the person who has given such notice an order of the nature specified in sub-section (1) in respect thereof, such person may by a written communication call the attention of the Municipality to the omission or neglect, and, if such omission or neglect continues for a further period of fifteen days, the Municipality shall be deemed to have sanctioned the proposed work absolutely. (4) Provided that nothing in sub-section (3) shall be construed to authorize any person to act in contravention of this Act or of any bye-law. [(5) No person shall commence any work of which notice has been given under section 178 until sanction has been given or deemed to have been given under this section. ]1 2[(6) The Municipality may within six months, cancel or modify sanction granted by it under sub-section (1) if it is found that the sanction was secured through fraud or misrepresentation, and any work done thereunder shall be deemed to have been done without such sanction : Provided that before cancelling or modifying any sanction the board shall give a reasonable opportunity to the party concerned of being heard. ]

180. (1) Subject to the provisions of any bye-law, the Municipality may either refuse to sanction any work of which notice has been given under section 178 or any sanction in it absolutely or subject to - (a) any written directions that the Municipality deems fit to issue in respect of all or any of the matters mentioned in sub-head (h) of heading A of section 298, or (b) a written direction requiring the setback of the building or part of a building to the regular line of the street prescribed under section 222, or no default of any regular line prescribed under that section, to the line of frontage of any neighboring building or buildings. (2) In the case of a refusal to sanction under sub-section (1), the Municipality shall communicate in writing the reasons for such refusal to the person giving notice under section 178. (3) Should the Municipality neglect or omit for one month after the receipt of a valid notice under section 178 to make and deliver to the person who has given such notice an order of the nature specified in sub-section (1) in respect thereof, such person may by a written communication call the attention of the Municipality to the omission or neglect, and, if such omission or neglect continues for a further period of fifteen days, the Municipality shall be deemed to have sanctioned the proposed work absolutely. (4) Provided that nothing in sub-section (3) shall be construed to authorize any person to act in contravention of this Act or of any bye-law. [(5) No person shall commence any work of which notice has been given under section 178 until sanction has been given or deemed to have been given under this section. ]1 2[(6) The Municipality may within six months, cancel or modify sanction granted by it under sub-section (1) if it is found that the sanction was secured through fraud or misrepresentation, and any work done thereunder shall be deemed to have been done without such sanction : Provided that before cancelling or modifying any sanction the board shall give a reasonable opportunity to the party concerned of being heard. ]

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