DILAPIDATED BUILDINGS

Town and Country Planning

 Dilapidated Building : A building or object in a state of
disrepair or ruin as a result of age or neglect.
'old, dilapidated buildings’

 Dilapidation is the term used to denote decay/damage or

waste, state/condition of a premises or building. It means
decay/waste state of disrepair caused due to continuous
neglect in maintenance and repair willfully or otherwise.
CAUSES OF DILAPIDATION OF BUILDINGS:
 Natural decay and ageing:
 Inadequate or no maintenance:
 Bad use of building:
 Use of underspecified materials:
 Bad Workmanship
 Physical influence
 Effect of aggressive environment

 A building should be declared dilapidated after thorough

inspection of its different parts, specially the load bearing
walls and the structural members regarding their safety
from collapse.
Role of Ward Planning Regulation Secretary in Dilapidated
Buildings.

 Identification of Dilapidated Buildings.

 Certification from Engineering Department.
 Issue of Notices to the Owner of that Building.
 Enforcement Actions.
Identification of Dilapidated Buildings.

 The Ward Planning and Regulation Secretary should identify

all dilapidated buildings / dangerous structures in their
respective jurisdiction of ward.
Certification from Engineering Department.
 send the list of dilapidated Buildings to the Head of the
Engineering Department for Verification of Structural
Stability through the Competent Authority.
 obtain the opinion from Engineering Department about
the safety of that Structure.
Issue of Notices to the Owner of that Building.

 If the Engineering wing opined that the building is unsafe,

then a notice should be issued to the owner of the
Dilapidated Building by the Town Planning.
Enforcement action.

 The Enforcement action should be taken by the Town

Planning Department in the form of Demolition or
Conduct the Repair works.
 Act Provision for removal / to repair such structure :
 For Municipal Corporations :

Section 456 and 459 of Municipal Corporation Act, 1955.

 For Municipalities :
Section 231 of APM Act, 1965 can issue notice and take
further action.

 Rule Position as per G.O.Ms.No.119 MA&UD dated 28-03-

2017
 For
Municipal Corporations: Section 456 &459 of
Municipal Corporation Act1955.

Section 456 (1):

Removal of structures, trees, etc., which are in ruins or likely to fall.

If it shall at any time appear to the Commissioner that any structure

(including under this expression any building, wall, parapet, pavement, floor, steps,
railings, door or window frames or shutters or roof, or other structure and anything
affixed to or projecting from or resting on, any building, wall, parapet or other
structure is in ruinous condition or likely to fall, or is in any way dangerous to any
person occupying, resorting to or passing by, such structure or any other structure
or place in the neighbourhood thereof, the Commissioner may, by written notice,
require the owner or occupier of such structure to do one or more of the following
things, namely:—
(i)to pull down,
(ii) to secure,
(iii) to remove, or
(iv) to repair such structure or thing, and to prevent all cause of danger therefrom.
 For Municipal Corporations :
Section 456(2):
The Commissioner may also, if he thinks fit,
require the said owner or occupier by the said notice,
either forthwith or before proceeding to pull down,
secure, remove or repair the said structure or things, to
set up a proper and sufficient hoard or fence for the
protection of passers-by and other persons, with a
convenient platform and hand-rail, if there be room
enough for the same the Commissioner shall think the
same desirable, to serve as footway for passengers
outside of such hoard or fence.
 For Municipal Corporations :
Section 456(3):
If it appears to the Commissioner that the danger
from a structure which is ruinous or about to fall is
imminent, he may, before giving notice as aforesaid or
before the period of notice expires, fence off, take down,
secure or repair the said structure or take such steps or
cause such work to be executed as may be required to
arrest the danger.
Section 456(4):
Any expenses incurred by the Commissioner
under sub-section (3) shall be paid by the owner or
occupier of the structure.
 For Municipal Corporations :
Section 456 (5):
(5) (a) Where the Commissioner is of opinion whether on receipt
of an application or otherwise that the only or the most convenient means
by which the owner or occupier of structure such as is referred to in sub-
section (1) can pull down, secure, remove or repair such structure, is by
entering any of the adjoining premises belonging to some other person the
Commissioner after giving such person a reasonable opportunity of stating
any objection may, if no such objection is raised or if any objection which
is raised appears to him invalid or insufficient, by an order in writing,
authorise the said owner or occupier to enter such adjoining premises.

(5) (b) Every such order bearing the signature of the Commissioner
shall be a sufficient authority to the person in whose favour it is made, or
to any agent or person employed by him for this purpose, after giving to
the owner of the premises reasonable written notice of his intention so to
do, to enter upon the said premises with assistants and workmen, at any
time between sunrise and sun set, and to execute the necessary work.
 For Municipal Corporations :

Section 456 (5)

(5) (c) In executing any work under this section
as little damage as possible shall be done to the adjoining
owner‘s property, and the owner or occupier of premises
for the benefit of which the work is done, shall —

(i) cause the work to be executed with the least

practicable delay;

(ii) pay compensation to any person who sustains damage

by the execution of the said work.
 For Municipal Corporations :

Section459: Opportunity for stating objections.

The Commissioner shall issue a notice under
subsections (1) and (2) of section 456,
sub-section (1) of 457 or
sub-section (1) of section 458, after giving the owner or
occupier, as the case may be, a reasonable opportunity of
stating any objection and adducing evidence, if any, and after
being satisfied that the objection which is raised is invalid or
insufficient.
 For Municipal Corporations :

Section 457 (1): Precautions in case of dangerous trees.

If any tree or any branch of a tree or the fruit of
any tree be deemed by the Commissioner to be likely to
fall and thereby to endanger any person or any structure
the Commissioner may by notice require the owner of the
said tree to secure, lop or cut down, the said tree so as to
prevent any danger therefrom.
 For Municipal Corporations :

 Section 458 (1): Precautions in case of dangerous

tanks, wells, holes, etc.
If any tank, pond, well, hole-stream, dam, bank
or other place be deemed by the Commissioner to be for
want of sufficient repair, protection or enclosure,
dangerous to the passers-by or to persons living in the
neighbourhood, the Commissioner may by notice require
the owner to fill in, remove, repair, protect or enclose the
same so as to prevent any danger there

o Periodic inspection of buildings should be done by

following Section 460 of Municipal Corporation Act,
1955.
 ForMunicipalities : Section 231 of APM Act
1965.
Section 231(1)
If any structure appears to the *[Commissioner] to be in a ruinous state and
dangerous to the passers-by or to the occupiers of neighbouring structures, he
may by notice require the owner or occupier to fence off, take down, secure or
repair, such structures so as to prevent any danger therefrom.

Section 231(2)
If immediate action is necessary, the *[Commissioner] shall himself before
giving such notice or before the period of such notice expires, fence off, take
down, secure or repair such structure or fence off a part of any street or take
such temporary measures as he thinks fit to prevent danger and the cost of
doing so shall be recoverable from the owner or occupier in the manner
provided in section 364.
 For Municipalities :

Section 231(3)
If in the opinion of the *[Commissioner] the said
structure is imminently dangerous to the inmates thereof, he
shall order the immediate evacuation thereof and any person
disobeying may be got removed with the help of any police
officer.

 G.O.Ms.No 56 PR&RD dated 03-04-2008 in Village

Panchayats and Panchayat Unions for Guidelines for
dismantling of old/Dilapidated Buildings
 As per Chapter 2(170(r)(vi) of G.O.Ms.No.
119,MA&UD Dated 28-03-2017
In relation to its existing use, constitutes a hazard
to safety or health or public welfare by maintenance,
dilapidation or abandonment
Note: All unsafe buildings/structures will be
required to be restored by repairs, demolition or dealing
with as otherwise directed by the Authority.
 Fines Imposed :

 In Municipal Corporations as per Schedule U of Section

596 for Section 456 (Requistion to remove structures
which are in ruins or likely to fall).
Fine may be imposed of Rs.10,000/-
Daily fine may be imposed – Rs.1000/-

 In Municipalities as per Schedule VI (Ordinary

Penalties) of Section 336 for Section 231(1).
Fine may be imposed of Rs.500/- for Failure to obey
requisition to take down, repair, or secure dangerous
structure.
 Dilapidated Buildings in Andhra Pradesh :
Visakhapatnam : A dilapidated old building in
Kancharaveedhi of Vizag city, collapsed.

TOWN PLANNING OFFICIALS OF

THE GREATER VISAKHAPATNAM
MUNICIPAL CORPORATION
INFORMED THAT THE SHAKY
BUILDING COLLAPSED
FOLLOWING THE HEAVY RAINS
OVER THE LAST FEW DAYS. BUT
NO CASUALTIES WERE
REPORTED AS THE ROOM
WHERE THE FAMILY WAS LIVING
DIDN’T COLLAPSED.
Thank You