Fines and Compounding of Violations

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Fines and Compounding
of Violations
Land Use and Building
Control
Qandeel Malik 11CRP53
Sorath Abbasi 11CRP36
Introduction
Fines
 A fine is money paid usually to
superior authority, usually governmental
authority, as a punishment for a crime or
other offence. The amount of a fine can be
determined case by case, but it is often
announced in advance.
 Fines can also be used as a form of tax. Money
for bail may be applied toward a fine.
Example of Fines
• One common example of a fine is money paid for
violations of traffic laws. Currently in English
Common Law, relatively small fines are used either in
place of or alongside community service orders for
low-level criminal offences. Larger fines are also
given independently or alongside shorter prison
sentences where the judge or magistrate considers a
considerable amount of retribution is necessary, but
there is unlikely to be significant danger to the
public. For instance, fraud is often punished by very
large fines since fraudsters are typically banned from
the position or profession they abused to commit
their crimes.
compounding
• The ability of an asset to generate earnings,
which are then reinvested in order to generate
their own earnings. In other words,
compounding refers to generating earnings
from previous earnings.
Violations
 the act of doing something that is not allowed
by a law or rule.
• the act of ignoring or interfering with a
person's rights
The Need for Regulations
• Regulations were to be applied for the benefit
of the public and not for favoring an
individual—Fact that on account of tremendous
increase in the population in the city, situation
demanded the raising of high-rise buildings,
would not justify the conversion of residential
plots originally intended to be used for building
ground-plus-one and allowing of high-rise
buildings thereon without providing for
required water, electricity, gas, sewerage lines,
streets and road etc.
Authorities
• Sindh Building Control Authority
(1979)
• KARACHI BUILDING & TOWN
PLANNING REGULATIONS
(AMENDMENTS) 2011”.
Table - Categories of Development Works
CATEGORY - I -
Bungalow on plot up to 120Sq.yds (100.33Sq.m)
Any other building on plot up to 120Sqy.
(100.33Sq.m) with height up to 33ft.(10m)
CATEGORY II
-
All bungalows
CATEGORY III
All buildings with total floor area greater than
20,000Sq.ft.(1858.74Sq.m) and/or height greater than
50ft.(15.2m) other than Category IV.
CATEGORY IV
Public use buildings with total floor area more than
3600Sq.ft.(336Sq.m), buildings for essential facilities,
public sale buildings.
CATEGORY V
Land development works for land with area
2.5acres (1hectare) and greater.
Any other building with total floor area up to
20,000Sq.ft.(1858.74Sq.m) and/or height up to
50ft.(15.2m), other than Category I & IV.
KARACHI BUILDING & TOWN PLANNING
REGULATIONS (AMENDMENTS) 2011”.
• if the building works are commenced or carried out contrary to the
provisions of these regulations the Authority shall.
• written notice require the person who is carrying out such building
works forthwith to stop all works;
• Addressed to the Authority to show sufficient cause why such
building works or such part thereof should not be removed or altered
to comply with these regulations;
• Require the said person on such day at such time and place as shall
show sufficient cause why such building works or part thereof should
not be removed or altered.
If such person fails to show sufficient cause to the
satisfaction of the concerned Authority, the Sindh
Building Control Authority may take the following
actions,
• a) Require the person who has carried out the works against
the provisions of these regulations or any other statute, to
demolish the whole building or part thereof;
OR
• b) To alter the works so as to bring it into conformity with
these regulations;
OR
• c) Regularize the violations in the existing structure after
realization of regularization fee as per Table I & II, depends
Table – I
RESIDENTIAL
S/No.
DESCRIPTION
RATES
a)
Violation of Compulsory Open
Space
Per Sq.ft.
Rs.100/-
b)
Violation of Open Space
Per Sq.ft.
Rs.75/-
c)
d)
e)
f)
g)
Balcony Projection, Car Porch and
structure of identical nature in
Per Sq.ft.
Compulsory Open Space.
Starting construction prior to
Per Sq.ft. Entire Area
approval of Building Plan.
Occupying the premises prior to
Per Sq.ft. Entire Area
obtaining completion certificate.
Regularization of floor constructed
Per Sq.ft. Entire Area
without approved plan.
Not followed the approved plan.
Per Sq.ft. Entire Area
Rs.75/Rs.5/Rs.5/-
Rs.5/Rs.5/-
Table – II
COMMERCIAL PROJECTS
S/No.
DESCRIPTION
RATES
a)
Violation of Compulsory Open
Space
Per Sq.ft.
Rs.150/-
b)
Violation of Open Space
Per Sq.ft.
Rs.100/-
Per Sq.ft.
Rs.100/-
c)
d)
e)
f)
g)
Balcony Projection, Car Porch and
structure of identical nature in
Compulsory Open Space.
Starting construction prior to
approval of Building Plan.
Occupying the premises prior to
obtaining completion certificate.
Regularization of floor constructed
without approved plan.
Not followed the approved plan.
Per Sq.ft. Entire Area
Rs.5/-
Per Sq.ft. Entire Area
Rs.5/-
Per Sq.ft. Entire Area
Rs.5/-
Per Sq.ft. Entire Area
Rs.5/-
Table – III
RESIDENTIAL
RATES
S/No.
DESCRIPTION
Up to 240sq.Yds
Above 240
sq. Yds
a)
Violation of Compulsory Open
Space
Per Sq.ft.
Rs.30/-
Rs.50/-
b)
Violation of Open Space
Per Sq.ft.
Rs.20/-
Rs.30/-
Per Sq.ft.
Rs.20/-
Rs.30/-
Per Sq.yd
Rs.1/-
Rs.1/-
Rs.1/-
Rs.1/-
Rs.1/-
Rs.1/-
Rs.1/-
Rs.1/-
c)
d)
e)
f)
g)
Balcony Projection, Car Porch and
structure of identical nature in
Compulsory Open Space.
Starting construction prior to
approval of Building Plan.
Occupying the premises prior to
obtaining completion certificate.
Regularization of floor constructed
without approved plan.
Not followed the approved plan.
Per Sq.yd. Each
floor
Per Sq.yd. Each
floor
Per Sq.yd
Table – V
RATE FOR CHANGE OF LAND USE
RATES, Per Sqr.Yds
S/No.
a)
b)
DESCRIPTION
Fee for conversion of
residential plat to commercial
plot.
Fee for conversion of
residential plot to industrial
plot.
* Category I to IV
Category V to VI
Rs.1500/-
Rs.500/-
Rs.1000/-
Rs.500/-
c)
Fee for conversion of industrial
plot to commercial plot.
Rs.1500/-
Rs.1000/-
d)
Fee for conversion of
commercial plot to industrial
plot.
Rs.500/-
Rs.250/-
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