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sidhu (student)     23 September 2021

Fire noc exception

Hello team members,

 

  I am facing some issues, I constructed G+4 residential building in 200 sqft area and the municipal corporation gave me all regulations including

  1. Building regularization in march 5th 2020, 
  2. Paid full regulation fees. 
  3. Obtained occupancy certification.
  4. living in the building for 15 months. 
  5. Paid property tax
  6. Paid water tax and obtained water tap connection. 
  7. Electrical meters are installed and bills paid. 

 

  Form 1 year neighbor beside my house prejudice about my life settlement started litigation. He wrote a complaint to the electricity department, municipal department to stop issuing electrical, water supplies to my building. but authorities issued all amenities as per law.   Besides above all form 2 months, the neighbor started complaining to Desaster and the fire department to inspect my building and vacate it under security norms, which was not entertained. But to comply RTI of the neighbor district fire officer took vertical measurements of my building and found it is 19 meters and maybe fire safety equipment is required. But as per fire safety rules building with stilt and g+4 floors are excepted from fire noc (my building falls in this category), or 18 meters high. 

 

 My question is the concerned authority is Municipality and fire noc has to be obtained before issuing proceedings and occupancy certificate and based on third party complaint can fire department as me to obtain NOC?  My building being residential falling under exception class but only 1 meter high should go for fire NOC? Please advice? 

 



 5 Replies

Pradipta Nath (Advocate)     23 September 2021

In which category your promotion is exempted from Fire License? I believe NOC form Fire prevention Office is mandatory. Please liaison with the concerned Fire Department for issuing NOC.

Sreedhar Sunkara   23 September 2021

However, in terms of the prevailing Building Bye-laws which were issued by the Municipal Administration Department prior to 1999 under various provisions of A.P. Urban Areas Development Act, 1975 and the Hyderabad Municipal Corporation Act, 1955, building with slit + 5 floors of 18 meters height are exempted from .. Sir if someone else put some other complaint then why should I get suffered? if it is not exempted then why does the municipal corporation issue an occupancy certificate to me?

Dr. J C Vashista (Advocate and Legal Consultant)     24 September 2021

Local (Municipal) laws apply to your query. It would be better to consult and engage a local prudent lawyer for appreciation of facts and circumstances of the case, professional advise and necessary proceeding.

P. Venu (Advocate)     24 September 2021

Local laws apply. If you are being willfully wronged, approach the High Court in a Writ Petition.

sidhu (student)     26 September 2021

Thanks to those who shared their values and support, I consulted municipal authorities and they gave me clarification, the vertical height of building is the height from top flat room to the top of plinth beam exclusinf parapet wall, lift room, tanks, etc and the thickness of slab is not part of height. this is as per G.O.M's 119 of municipal act 2017 Andhra Pradesh (https://crda.ap.gov.in/apcrdacommuni/media/apcrdadocs/developmentpromotion/Andhra%20Pradesh%20G.O.Ms.No.119,Dt.28-03-2017-AP%20Building%20Rules-2017.pdf) So I am under the exception and no need for FIRE NOC to my residential building.

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