Facade law proves to be for appearances

Facade law proves to be for appearances

MUMBAI: The facade law making it mandatory for societies and house owners to maintain the exterior of their buildings came into force on May 1. But it seems headed nowhere.

The BMC has to submit a plan of action to the state government detailing how it wants to implement the law. "Different provisions of the act will come into effect at different points in time. The date of implementation will be fixed depending on the city and the corporation," said Manu Kumar Srivastava, secretary, urban development. "We will write to the BMC commissioner, asking him to indicate in which areas facade control can be implemented. We will set deadlines depending on the feasibility of the action plan."

BMC officials said they could not go ahead with the plan without hearing from the government. "We have not yet received any communication from the state. So, it is difficult to say at present how implementation will take place. Once we hear from the state, we will know exactly what needs to be done," said BMC commissioner Subodh Kumar.

As per the law, the onus of maintaining the exterior of a building rests on the owner. The law directs people coming under the state's municipal corporations to fix cracks in and remove stains on building facades, and remove shabby enclosures, hanging cables and unwholesome articles. A building owner found disregarding the policy will first be served a notice by the civic body. If the notice is not heeded (that is, repairs not carried out) within 30 days, the municipality will carry out the work and bill it to the owner. Failure to reimburse the municipality within 21 days will attract a penalty of 2% interest on the bill amount per month. Disputes in the matter will be referred to the small causes court.

Interestingly, some ministers have said that the law is difficult to implement. "Cleanliness and beauty are relative concepts. Who is to decide which building meets the standards?" asked a cabinet member rhetorically.

Highlighting economic disparities in the city, D S Vader, editor of Housing Times and former chairman of the Housing Federation, said it would be difficult for people belonging to low income groups to maintain buildings. "(Such) people don't even pay basic maintenance charges.... In addition, the condition of the building needs to be taken into account.

If the building was constructed with inferior material, how is the owner responsible (for its deterioration)?"

Source: http://timesofindia.indiatimes.com/City/Mumbai/Facade-law-proves-to-be-for-appearances/articleshow/8148349.cms