Lecture Notes: Property Law - Regulations for Constructing a House

Introduction

• Brief session on regulations governing house construction.
• Focus on land regulations and basic construction laws.
• Main sources: Special Gazette (2235-54, 8th July 2021) and Housing and Town Improvement Ordinance.

Key Legislation

Special Gazette (2021)

• Compiles various scattered regulations into a single document.
• Replaces early gazettes and regulations entirely.
• Applies to:
  • Lands within municipal councils.
  • Lands within urban councils.
  • Lands within Pradeshiya Sabhas declared as development areas by the UDA.

Housing and Town Improvement Ordinance

• Applies to lands not covered by the Special Gazette.

Important Regulations for Land and Construction

Street Lines

• Constraints when land is adjacent to a public road.
• Defined to show future road width or sanctioned width.
• Measured from the center of the road.
• Urban Council and Pradeshiya Sabha might appropriate land for road development.

Building Lines

• Specific areas retained from the main road for possible future development.
• Limitations on construction beyond the building line.
• Construction of houses limited to areas within the building line.

Distance to Keep from Roads

• Local road: 6 meters.
• Secondary road: 9 meters.
• Principal road (RDA): 15 meters.
• Provincial RDA road: 10-12 meters.
• Pradeshiya Sabha road: 25 feet (7.62 meters).

Practical Matters Before Purchase

• Check land area that can be used for construction.
• Download and review the regulations before buying land.
• Minimum plot size for construction in municipal councils: 150 sq. meters (6 perches).
• Unauthorized constructions: Lands below 6 perches considered as such.
• No compensation for constructions beyond building lines taken for road development.

Minimum Plot Size and Dimensions

• Minimum plot size: 6 perches.
• Frontage: At least 6 meters.
• Depth: At least 12 meters.
• Exceptions:
  • Dead end roads: Frontage can be 3 meters.
  • Irregular land shapes: Frontage can be 3 meters.

Plot Coverage and Building Height

• Coverage depends on building height and type (residential or non-residential).
• Residential buildings below 7 meters can use 65% of the land.
• Non-residential buildings below 7 meters can use 80% of the land.
• Buildings with maximum height beyond 75 meters need a larger frontage (40 meters).

Rear Space and Side Space Requirements

• Determined by building height and frontage.
• Depends on whether natural light and ventilation (windows) are used.
• Rear space must be at least 2.3 meters for buildings below 7 meters.
• Planning committees may relax these requirements in certain conditions.

Specific Regulations on Construction

• Temporary constructions may be allowed but must be removable easily.
• Certificates to check before purchase: Street Line Certificate and Certificate of Conformity.
• Rear spaces larger than 3 meters may include a swimming pool (50% of rear space).
• Certificate of compliance necessary for authorized buildings, ensuring conformity.

Development Permits

• Required for any construction, alteration, or renovation.
• Validity: 1 year, extendable to 3 years maximum.
• Manages compliance to rules during development.
• Unauthorized constructions can be disrupted without compensation.

Lot and Building Restrictions

• No construction without development permits, otherwise, it’s unauthorized.
• Extension beyond 3 years requires a new permit.
• Construction must comply with local authority regulations till completion.

Conclusion

• Emphasis on maintaining land and construction regulations to avoid unauthorized developments.
• Regulations aid in proper urban planning and prevent future legal issues.
• Reading and understanding the Special Gazette and the Housing and Town Improvement Ordinance is crucial for property law practitioners.

Resources

• Special Gazette 2235-54.
• Housing and Town Improvement Ordinance.