Architects throughout the profession engage in a wide range of services including preparing drawings, designs, plans and models of buildings to enable development approvals to be obtained for and construction to occur. However the legal risks that are faced are often overlooked. Bye Laws, Building Standards and Considerations in the field of Architecture are of extreme importance because it creates a good architecture along with keeping in mind that the environment is well protected. Building Bye-Laws is mandatory in nature and serves to protect buildings against fire, earthquake, noise, structural failures and other hazards. In India, there are still many small and medium sized towns, which do not have Building Bye-Laws. In the absence of any regulatory mechanism such towns are confronted with excessive coverage, encroachment and haphazard development resulting in chaotic conditions, inconvenience for the users, inaccessible or barrier-filled design structures and disregard for building aesthetics etc. Building Bye-Laws is useful for State Governments, Urban Local Bodies, Development Authorities, State Town Planning Departments and other Planning Agencies in various parts of the country. Planners, building designers, engineers & architects refer and comply with the Building Bye-Laws. Hence, while designing, planning and construction; Building Bye-Laws regulates the parameters and the standards of a building.
The objectives of building bye laws are as follows:-
• To make it easier to pre-plan the building activities.
• Gives guidelines to the designer or Architect.
• Prevents haphazard development without any resemblance to the development of the area as a whole.
• Gives safety (to humans who work & most importantly live in the buildings) against health hazard, noise, structure failure and fire (may be due to natural calamity).Few of the important terms and considerations have been mentioned below and how it makes a difference to the buildings we use and the environment we live in.
A. FLOOR AREA RATIO)
F.A.R stands for floor area ratio which gives a ratio of total area of all floors to the site area. It ensures that there is a proportion of the building to the site and its surroundings. As the road width increases, the purpose of the road and the kind of vehicle movement changes accordingly. Simultaneously, there has to be a specific load a building can give to its surroundings; therefore to maintain a uniform fabric of architecture F.A.R plays a major role in a systematic development of a city.
B. SETBACKS
Setbacks are the area which is not supposed to be constructed and needs to be left open. It is essential as it would create a proportion of the building to its site. It also ensures that building receives ample amount of light and ventilation which would lead to better living standards and would check upon good health. A setback also lets an architect or a designer to plan out the services like the sewage and the sump locations. It also creates a provision for plantation around the plot which serves as a better environment. Even when the height of the building increases i.e. high rise buildings, safety and environment becomes a responsibility of the architect/designer. Imagine a 50 storied building with just 10m of spaces around. Would it be safe, it some mishap takes place the destruction would be contagious for its surroundings. In case of fire, how would the evacuation take place and how the fire safety experts will ensure the fire goes off. Considering the safety and living standard a sound amount of space to be left around is a must. Setbacks according the plot area and height have been mentioned in the bye laws so create the architecture which is flexible on every ground.
C. PARKING
Parking is a nerve of developing architecture. Could you imagine a multi-storied mall with a parking of limited cars earning gross? No would be the answer. Not specifically a mall, we could consider any building and the answer would be the same. Now if we design a building that has fair amount of floors, it would require parking space accordingly. As we build more, that pulls in more users and it leads to a requirement of more parking. Different types of buildings will require a different percentage of parking spaces. A museum of 2000 sqm would require less parking than a shopping mall of the same area. Every building attracts different amount of human load based upon its type i.e. private, semi private, public and frequency in which people use the particular building. It ensures proper gross, convenience of users to use the building which a proper environment as people will not have to park their vehicles in any random manner. Imagine the roads and the surroundings if the vehicles are parked systematically.
D. WATER CONSUMPTION AND STORAGE
Depending upon the type of building and the frequency that particular building would be used for, a basic amount of water for the consumption and other use is required which ensures the users and the building a flexibility to function well so it’s a major concern. Water scarcity is becoming a major problem, therefore, many city bye laws have made rainwater harvesting system mandatory so we could match our requirements and make the usage of water in a productive manner.
E. STAIRCASE DESIGN
It is the most common way of vertical transportation, be it in any kind of building. Width of staircase varies with amount of users. A 2m stair for a residence would be a waste of space and a 1 m stair in a museum would create chaos. Therefore based upon services that the building is associated to or the amount of users who would be using the building determines a standard width of the staircase and is an important consideration. Therefore, the bye laws provide us with standards that are to be kept in mind which enables the users a comfortable movement as well as justify the architecture.
F. FIRE CONSIDERATIONS
Fire staircases are an important part when it comes to safety. Openings basically create a pressure difference resulting in air circulation. If we provide openings in the fire exit stairwell, it loses its safety as the fire might enter in due to the wind and the pressure difference ruining the purpose of the fire exit. The building code makes a mention that the stairwell needs to be pressurized and free of openings. It varies with the type of building. The code also mentions about the standard placement between two hose reels, number of exit gates that needs to be there for the evacuation during fire so our own architecture is safe and ready for any undesired fire call.
G. ARCHITECTURE FOR HANDICAPPED USERS
The national building code has made mentions on the height of door knobs and the material of it. A person in wheelchair should be able to access the knob. The material should be suitable for people of all grips. The code also makes a mention of the ratio of the ramps according to the purpose so that it’s suitable for everyone, even for a person with crutches. A ratio of a ramp for vehicular movement would be very steep for anyone to walk. Therefore, the code gives us standards based upon the use.
H. EQUALITY IN DESIGN
3Access: Everyone should be able to get into buildings and environments. They should be able to approach and enter unaided, with ease and without embarrassment.
Equitable Use: Everyone should be able to use buildings and external spaces with equal facility. The design and management of buildings and external spaces must not make them more difficult to use for one person than another.
Safety: Everyone has the right to live, work and relax in safe surroundings. The design and management of buildings and external environments must make them safe for every person.
Consideration: Everyone deserves equal consideration from those who commission, design, construct and manage buildings and environments. Consideration costs nothing. If we believe in building for everyone, then it is unacceptable that a woman should suffer disadvantage because she is pregnant, a child because of being small or older people simply because they are elderly. It is equally unacceptable that people should be disadvantaged because of their impaired sight, hearing or mobility. It is particularly unacceptable when the disadvantage suffered is the result of carelessness or thoughtlessness, and is entirely avoidable.
Whether architects could protect their “Architectural works” from infringement?
Yes, Discussion on what is protected as part of Copyright of a building, needs clear understanding of what is a copyright, what is an architectural work, and is it an work of art or not. The protection of architectural works through Copyright against infringement and imitation is provided in the copyright act 1957. Issue of infringement of architectural work requires understanding of protection of works when they are reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.
For example :- An interesting example under this subject would be the news of an instance where it was said that pictures of the Eiffel Tower taken at night would amount to infringement of copyright, however pictures taken during the day wouldn’t violate provisions of the copyright law in France. The European Union in 2001 issued a directive with respect to copyright law stating that photographs of buildings in public spaces can be taken free of charge and that it would not amount to copyright infringement of the architectural work. However, since this was an optional rule, some EU nations like France and Belgium chose to do otherwise. The company that operates the Eiffel Tower confirmed this news on their official website. They clarified that that day time photographs of the Eiffel Tower are rights free, however, permission needs to be sought from the “Société d’Exploitation de la Tour Eiffel” for night time photographs because the various illuminations are subject to author’s rights as well as brand rights. As a result, posting pictures of the Eiffel Tower with these illuminations at night time will amount to copyright infringement and a penalty is likely to be levied for the same.
In the Indian Scenario Indian law provides protection to the architectural works under the uniform Copyright Act, 1957 and Design Act, 2000. But the architect cannot claim for protection in both the Acts. Section 13 of the Indian Copyright Act, 1957 numerates the types of artistic works that are eligible for copyright protection. The Act also enshrines the doctrine of “fair use” and lays down acts which do not amount to copyright infringement of “works of architecture” under Section 52 and in particular Section 52(s) which permits the “making or publishing of painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture” and Section 52(u) which permits the inclusion in a cinematograph film of:
(i) any artistic work permanently situate in a public place or any premises to which the public has access;
(ii) any other artistic work, if such inclusion is only by way of background or is incidental to the principal matters represented in the film;
However, Section 59 of the Copyright Act, 1957 particularly imposes a restriction on remedies in case of “works of architecture” which states that where construction of a building or other structure which infringes or which, if completed would infringe the copyright in some other work has been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the construction of such building or structure or order its demolition. The owner of the copyrighted building cannot claim specific relief and the only remedy available to the copyright owner will be damages and criminal prosecution.
The term of copyright in an artistic work such as “work of architecture” is a period of 60 years from the beginning of the of the calendar year next, following the year in which the author dies. Thus, even though the copyright law being quite stringent does not afford extensive protection to architectural works, it is still advisable for architects to file copyright application to make a prima facie case in the event of a suit for infringement.
In addition to copyright protection which is time bound, it is recommended that the owner of the architectural work applies for a trade mark registration of the architectural design of the building in order to make a prima facie case in the event of commercial exploitation of the ingenious design in relation to the goods and/or services for which it is registered, since trademark registration, if renewed every 10 years, provides protection in perpetuity.
Freedom of PanoramaIt is an exception to the other provisions of the Copyright Act, 1957. The term has not been explicitly incorporated in the Act but Section 52 of the Copyright Act interprets similar meaning to the terminology and lays down certain acts which do not lead to copyright infringement. Certain acts do not amount to copyright infringement, namely:
The making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture (Section 52 (1)(s)),
The making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work, any other work of artistic craftsmanship, if such work is permanently situated in a public place or any premises to which the public has access (Section 52 (1)(t)), and
The inclusion in a cinematograph film of any artistic work permanently situated in a public place or any premises to which the public has access (Section 52 (1)(u)).
On account of the above provisions, copyright laws in India very clearly recognize and permit Freedom of Panorama without any limitations or restriction. And therefore, irrespective of commercial or personal use, pictures of public artworks, monuments or buildings in India can be published and distributed without the risk of copyright infringement.
Trademark and copyright protection of architectural design of buildings and monuments in India may attract a plethora of infringement cases for lawyers involving both, trademark and copyright infringement. Thus, only time will tell whether protection of architectural craft in India proves to be a boon or a curse to the citizens of the country.
