The Odisha Gazette: Extraordinary Published by Authority
The Odisha Gazette: Extraordinary Published by Authority
EXTRAORDINARY
PUBLISHED BY AUTHORITY
KRISHAN KUMAR
Collector, Ganjam-cum-
Vice-Chairman, B.D.A.
Brahmapur
CONTENTS
2 PART-II ADMINISTRATION
3. Applicability 20
4. Deemed permission 20
5. Application 20–24
6. Fees 24
7. Security Deposits 24
8. Plans 25
9. Permission 25-26
10. Maintenance of Register 26
11. Duration of permission 26
12. Construction not according to Plan 26-27
13. Information at the site of construction 27
14. Inspection 27
15. Certificate for occupancy 27-28
16. Art Commission 28
17. Construction near protected monuments 28-29
18. Construction near important buildings 29
19. Unsafe building 29
20. Demolition of building 29-30
21. Responsibility and duty of the owner 30
22. Responsibility of the Authority 30
23. Zoning 31
24. Different use of land 31–46
ii
46. Apartments 62
47. Group housing 62-63
48. Out houses 63
49. Requirements for basti area 63
50. Semi Detached and Row Housing 64
51. Shop-cum-Residence 64
52. Cinema Multiplex and Theatre Buildings 64
53. Liquefied Petroleum Gas Cylinder Godown 65
54. Petrol Pump 65-66
55. Farm House 66-67
iii
69. Application 74
70. Use in relation to development plan 75
71. Size of the Plot & road width 75
72. Areas for development 76
73. Parks and open spaces 76
74. Civic amenities 76
75. Stage of approval 76-77
76. Exemption 78
10 PART-X COMPOUNDING
90. Classification 83
91. Permissibility of Industrial Units in different 84
use zones and use premises.
92. Household/Service Industry 84-85
93. New Industrial Areas 85
94. Guidelines for Industry Use Zone 85
95. Development Control Norms 86
PART-I
TITLE AND DEFINITIONS
Short title, Extent 1. (1) These Regulations may be called Brahmapur Development Authority
and
(Planning and Building Standards) Regulations, 2013.
commencement.
(2) They shall extend to the whole area within the jurisdiction of the
Brahmapur Development Authority.
(3) They shall come into force on the date of publication in the Odisha Gazette.
(11) “Applicant” means the person who has legal title to a land or building
and includes,—
A. an agent or trustee who receives rent on behalf of the owner;
(16) “Basement or Cellar” means lower storey of a building not less than
1.0 meter and not more than 1.5 meters above the ground level.
(17) “Basti Area” means an area declared as such under a Development
Plan and in the absence of such declaration, any area comprising old
settlements covering such extent of lands as may be determined by the
Authority in consultation with the concerned Local Body;
(18) “Basti Plot” means a plot having a width ranging between 4.0 m. and
6.3 m., the depth being more than three times the width and located in a
basti area.
(19) “Builder”/“Developer” means an applicant, land owner, contractor,
holder of power of attorney of the land owner, partnership, trust or
company which has responsibility for construction of a building for
residential and other purposes.
NOTE—The Brahmapur Development Authority will be the builder for its own
construction.
10
(56) “Floor” means the lower surface in a storey on which one normally
walks in a building.
(57) “Floor Area Ratio (FAR)” means the quotient obtained by dividing the
total covered area on all floors with the area of the plot
Total covered area of all floors
FAR =
Plot area.
(58) “Floor space” means the usable space of rooms excluding corridors,
toilets, staircases, balcony and the like.
(59) “Footing” means the part of a structure, which is in direct contact with
the ground and transmitting loads to the ground.
(60) “Foundation” means that part of a structure, which is in direct contact
with and meant for transmitting loads to the ground.
(61) “Gallery” means an intermediate floor or platform projecting from a
wall of an auditorium or a hall providing extra floor area, additional seating
accommodation, etc. It shall also include structures provided for seating
in stadia.
(62) “Garage-Private” means a building or a portion thereof designed for
parking of privately owned motor vehicles or any other vehicles.
(63) “Garage-Public” means a building or a portion thereof designed or used
for repairing, servicing, hiring, selling or parking of motor driven or any
other vehicles.
(64) “Ground Floor” shall mean storey, which has its floor surface nearest
to the ground around the building.
(65) “Group Housing” means building with more than one dwelling unit,
where land is own jointly and the construction is undertaken jointly by
one agency.
(66) “Habitable room” means a room having area of not less than
9.0 sq. m., width 2.4 m.(min.), height 2.75 m.(min.) occupied or designed
for occupancy by one or more persons for study, living, sleeping, eating,
cooking if it is used as a living room, but does not include bathrooms,
water closet compartments, laundries, serving and storage pantries,
corridors, cellars, attics and spaces that are not used frequently or during
extended periods.
(67) “Hazardous material”—
A. means radioactive substances;
B. material which is highly combustible or explosive and/or which may
produce poisonous fumes explosive emanations or storage,
handling, processing or manufacturing of which may involve highly
corrosive, toxic, obnoxious alkalis or acids or other liquids; and
C. other liquids or chemicals producing flame, fumes, explosive,
poisonous, irritant or corrosive gases or which may produce
explosive mixtures of dust or fine particles capable of spontaneous
ignition.
(68) “Hazardous and obnoxious industry” means industry which creates
nuisance to the surrounding development in the form of smell, smoke,
gas, dust, air pollution, water pollution and other unhygienic conditions.
15
(69) “Natural hazard prone areas” means areas likely to have moderate to
high intensity earthquake or cyclonic storm, or significant flood flow or
inundation or landslides/mud flows/avalanches or one or more of these
hazards.
NOTE: Moderate to very high damage risk zones of earthquakes are
shown in Seismic Zones III, IV and V specified in IS:1893; moderate to
very high damage risk zones of cyclones are those areas along the sea
coast of India prone to having wind velocities of 39 m/s or more as
specified in IS:875 (Part 3); and flood prone areas in river plains
(un-protected and protected) are indicated in the Flood Atlas of India
prepared by the Central Water Commission, besides, other areas which
can be flooded under conditions of heavy intensity rains, inundation in
depressions, back flow in drains, inadequate drainage, etc., as identified
through local surveys in the development plan of the area and landslide
prone areas as identified by State Government/Land surveys.
(70) “Heritage Zone” means the area as declared by the competent authority
from time to time within the jurisdiction of Brahmapur Development
Authority.
(71) “Illuminated Exit Signs” means a device for indicating the means of
escape during normal circumstances and power failure.
(72) “Jhamp” means a downward vertical or sloping projection hanging below
the balcony to provide protection from direct sun or rain.
(73) “Katra/Chawl” means a building so constructed as to be suitable for
living in separate tenements each consisting a single room, or of two,
but not more than two rooms and with common sanitary arrangements.
(74) “Latrine-connected” means a latrine connected to the municipal sewer
system.
(75) “Land use” means the land proposed to be utilized as indicated/
earmarked in I.D.P./C.D.P.
(76) “Layout plan” means plan indicating subdivision of land with provision
of roads and other infrastructure.
(77) “Latrine-unconnected” means a latrine not connected to the municipal
sewer system; it may be connected to a septic tank or suitable treatment
or disposal system.
(78) “Ledge/Tand” means a shelf-like projection supported in any manner
whatsoever, except by means of vertical supports within a room itself
but not having projection wider than 1.0 meter and at a minimum clear
height of 2.1 meters from the floor level.
(79) “Loft” means an intermediate floor between two floors or a residual
space in a pitched roof, above normal floor level with a maximum height
of 1.5 meters and which is constructed or adopted for storage purposes.
(80) “Licensed Technical Person” means Architect registered with the
Council of Architecture or Civil Engineer/Structural Engineer/
Town Planner/Supervisor licensed by the Authority.
(81) “Masonry” means an assemblage of masonry units properly bonded
together with mortar.
16
(81-A) “Mixed Land Use” means mixed use of the building/premise consisting
more than one compatible use of which the principal use shall not be
less than 2/3rd of total built up area.
(82) “Mezzanine Floor” means an intermediate floor between two floors,
above ground level, accessible only from the lower floor.
(83) “Multi-Storey or High Rise Building” means a building whose height
is 15 meters measured from the average level of the centre line of the
street on which the site abuts or more than four floors excluding basement
or stilt.
(84) “Mumty or Stair Cover” means a structure with a covering roof over
staircase and its landing built to enclose only the stairs for the purpose
of providing protection from weather and not used for human habitation.
(85) “Mitigation” means measures taken in advance of a disaster aimed at
minimizing or eliminating its impact on society and on environment
including preparedness and prevention.
(86) “Non-Combustible Material” means a material, which does not burn
nor add heat to a fire when tested for combustibility in accordance with
good practice.
(87) “Non-Conforming Use of a Building or Land” means the use of a
building or land existing at the time of commencement of these
Regulations and which does not conform to the Regulations pertaining
to the zone in which it is located.
(88) “Occupancy or Use” means the principal occupancy for which a building
or a part of a building is used or intended to be used.
(89) “Open Space” means an area forming an integral part of the plot beyond
the developed/constructed area left open to the sky.
(90) “Owner” means a person, group of persons, a company, trust, Institute,
Registered Body, State or Central Government and its departments,
undertakings and the like in whose name the property stands registered
in revenue records.
(91) “Parapet” means a low wall or railing built along the edge of a roof or a
floor having a minimum height of 1.0 m.
(92) “Parking Space” means an area enclosed or unenclosed, covered or
open, of sufficient size to park vehicles, together with a driveway
connecting the parking space with a street or any public area and
permitting ingress and egress of the vehicles.
(93) “Partition” means an interior non-load bearing wall, one storey or part
of a storey in height.
(94) “Performance Security” means a security amount to be deposited
with the Authority by the Builder/Developer of an Apartment Building/
Group Housing/Commercial Building/Real Estate Development at the
time of approval of Plans. However, no Performance Security is required
for a commercial building having a covered area of less than 300 sq. m.
in all floors.
(95) “Permit” means a permission or authorization in writing by the Authority
to carry out the work regulated by these Regulations.
17
PART - II
ADMINISTRATION
Applicability. 3. Subject to the provisions of the Act, these Regulations shall apply:
(1) to the planning, design and construction of building in case of erection a
building;
(2) to all parts of the building whether removed or not and in case of removal
of whole or any part of the building;
(3) to the remaining part of the building after demolition and work involved in
demolition in case of demolition of whole or any part of a building;
(4) to the whole building whether existing or new building (except only to that
part of the building, which is consistent with these Regulations) in case
of alteration of a building;
(5) to all parts of the building affected by the change in case of change of
occupancy of a building; and
(6) to use of any land or building where subdivision of land is undertaken or
use of land or building is changed.
Deemed 4. (1) The construction of any building, in respect of which permission has
permission. been issued by the Competent Authority before the coming into force of
these Regulations, shall, so far as it is not inconsistent with the provisions
of these Regulations regarding provision of public utility services and
construction in heritage zone, continue to be validly made and the said
permission shall be deemed to have been issued under the corresponding
provisions of these Regulations.
(2) Where any building has been constructed without an approved plan or
with deviation of an approved plan, the provisions of these Regulations
shall be insisted upon.
Application. 5. (1) Any person who intends to erect, re-erect or make additions or alterations
in any building or demolish any building shall apply to the Authority in
Form-I (Part-I). Based on this, the Authority may prescribe separate
formats for different categories of buildings and group housing;
(2) Such application shall be accompanied by the following documents :
i. Six copies of plans in hard copies either computer prints or ammonia
prints, as well as in soft copy (CD) duly signed by the persons who
have prepared them and the owner/applicant, showing:
A. Site Plan—the Site Plan furnished with the application for
permission shall be drawn to a scale of not less than 1:2000—
a. the boundaries of the site and of any contiguous land;
b. the position of the site in relation to neighbouring streets;
c. the name of the streets in which the building is proposed to be
situated, if any;
d. all existing buildings standing on, over or under the site including
service lines;
21
e. the position of the building and of all other buildings(if any) which
the applicant intends to erect upon his contiguous land referred
to in (a) in relation to;
(i) the boundaries of the site and in case where the site has
been partitioned the boundaries of the portion owned by
the applicant and also of the portions owned by others;
(ii) all adjacent streets, buildings(with no. of storeys and
height) and premises within a distance of 15 m. of the
site and of the contiguous land (if any) referred to in (a.);
and
(iii) if there is no street within a distance of 15 m. of the site,
the nearest existing street.
f. the means of access from the street to the building, and to all
other buildings (if any) which the applicant intends to erect
upon his contiguous land referred to in(a);
g. space to be left about the building to secure free circulation of
air, admission of light and access for scavenging purposes;
h. the width of the street (if any) in front and of the street (if any)
at the side/rear or near the buildings ;
i. the direction of north point relative to the plan of the building;
j. any physical features, such as well, drains, etc. and
k. such other particular as may be specified by the Authority.
B. Key plan—A key plan drawn to a scale of not less than 1:200
shall be submitted along with the application. The minimum
dimension of the key plan shall be not less than 75 mm.
C. Sub divisional layout plan—In case of development work,
the plan shall be accompanied by the subdivision/layout plan
which shall be drawn on a scale or not less than 1:500/1:1000
containing the following;
(a) scale and north point;
(b) the location of all proposed and existing roads with their
existing /proposed/prescribed widths within the land;
(c) dimensions of the plot along with building lines showing
the setbacks with dimensions within each plot;
(d) the location of drains, sewers, public facilities and services,
and electrical lines etc.;
(e) table indicating size, area and use of all the plots in the
subdivision/layout plan;
(f) statement indicating the total area of the site, area utilized
under roads, open spaces for parks, playgrounds,
recreation space and development plan reservations,
schools, shopping and other public spaces alongwith their
percentage with reference to the total area of the site
proposed to be subdivided; and
(g) in case of plots which are subdivided in built up areas in
addition to the above, the means of access to the
subdivision from existing streets.
22
Plans. 8. (1) All the plans shall be prepared and duly signed by a registered/empanelled
technical person (viz., Architect, Engineer, Structural Engineer, Town
Planner, Supervisor) and Builder who shall indicate their names,
addresses, registration numbers on the body of the plan and in all other
relevant documents. The plans shall also be signed by the concerned
owner of the land.
(2) The technical personnel and builder as specified in sub-clause (1) above
shall have to be registered with the Authority. Their qualifications and
competence shall be as per Schedule-1.
(3) No plans for construction of apartment building, group housing &
commercial building shall be entertained unless the builder is registered
with the Authority in accordance with competence or specified in the
scheduled I. For plot area less then 500 sqm. no registration of builder is
mandatory.
(4) When it comes to the notice of the Planning Member, Engineer Member,
any Member of the Authority, or any other person that a plan signed by
technical personnel or builder referred to under sub-clause (1), is in
violation of the norms of this Regulation he shall bring this to the notice of
the Authority.
(5) The Authority shall issue a notice asking for a show cause within fifteen
days as to why such technical personnel or builder shall not be
disqualified/black listed. After receipt of the show cause, if any, the matter
shall be placed before the Authority for a decision on such disqualification/
black listing. The decision of the Authority on disqualification/black listing
shall be published at least in a local newspaper.
(6) An appeal against an order under sub-clause (4) above shall lie under
Section 103 of the Act.
Permission. 9. (1) No permission shall be required for the works specified in Clause 12.4.1
Part-2 of N.B.C.-2005 and Section-15 (I) a,b & c of O.D.A. Act-1982.
(2) All clarifications with respect to deficiency in the plan, documents will be
sought for from the applicant within reasonable time.
(3) Once the plan has been scrutinized and objections have been pointed
out, the applicant shall modify the plan to comply with the objections
raised and resubmit it. The Authority shall scrutinize the resubmitted
plan and if there will be further objections, the plan shall be rejected
allowing fifteen days to show cause.
(4) The Authority shall communicate either approval in Form-II or refusal in
Form-IX within 60 days from date of receipt of application.
(5) If the Authority does not communicate its decision either granting or
refusing permission to the applicant within 60 days from the date of receipt
of the application by the Authority, the applicant shall draw the attention
of the Vice-Chairman of the Authority with regard to his application, by
registered post in Form-III and procedure indicated U/s 16 of O.D.A.Act
shall be adhered to.
(6) If, within a further period of one month from the date of receipt of the
application drawing such attention as mentioned in sub-regulation (5)
above, the Authority does not communicate its decision, either granting
or refusing permission, such permission shall be deemed to have been
26
granted to the applicant on the date following the date of expiry of the
three months period.
(7) In case of Apartment Buildings, Group Housing Projects, Integrated
Township Projects and other non-residential buildings of height stilt+3
and above, permission for construction shall be accorded along with
direction to the builder/developer to develop the on-site and off-site
infrastructure like connectivity of sewerage, drainage, water supply, road
etc. to main network as per the specification of the concerned public
authorities. The builder/developer shall produce No Objection Certificate
from the concerned authorities regarding successful completion of all
infrastructures while applying for Occupancy Certificate based on which
Berhampur Development Authority shall consider issue of Occupancy
Certificate.
(8) A residential building may be constructed by the owner of the and without
prior approval of the plan by the Authority, if the following conditions are
satisfied.
(A) If the Layout plan has been approved by the Authority, Orissa State
Housing Board under Section 16 of the Act or land has been allotted by
Authority/General Administration Department.
(B) The road, drainage, sewerage and other infrastructure have been
developed as per the approved layout.
(C) The plot size is not more than 500 square meters.
(D) The coverage is not 60 per cent
(E) The height is not more than 10 meters.
(F) No basement/stilt is to be constructed.
(G) The plan has been approved by Registered Architect/Engineer
Empanelled with the authority as defined under Regulation 8 above.
(H) An application in Form-XII is submitted to the Authority by registered post
with a copy of the plan and the Record of Rights, 30 days prior to
commencement of construction and
(I) All other conditions of the regulations “including payment of required fees
to the Authority”.
Maintenance of 10. A register in Form-IV containing the necessary particulars including information
Register. as to the manner in which applications for permission have been dealt with by
the Authority shall be maintained.
Duration of 11. Every permission granted under these Regulations shall remain valid up to
Permission. three years. However, the permission shall have to be revalidated before the
expiry of the above period on payment of such fee as may be prescribed
under rules and such revalidation shall be valid for one year.
Construction not 12. (1) If the Authority finds at any stage that the construction is not being carried
according to plan. on according to the sanctioned plan or is in violation of any of the
provisions of these Regulations, it shall notify the owner and no further
construction shall be allowed until necessary corrections in the plan are
made and the corrected plan is approved.
(2) If the owner fails to comply with the requirements at any stage of
construction, the Authority may cancel the building permission issued
and shall cause notice of such cancellation to be pasted upon the said
27
(6) An appeal against the decision under sub-regulation (3) shall lie under
section 18 of the Act.
Construction 18. No building exceeding 10 meters height shall be permitted within 200 meters
near important radius from the boundary of the important buildings as may be decided by
buildings. the Authority from time to time.
Unsafe buildings. 19. (1) All unsafe buildings shall be considered to constitute danger to public
safety and shall be restored by repairs or demolished or dealt with
otherwise as directed by the Authority.
(2) The Authority shall examine or cause to be examined every building
reported to be unsafe or damaged and shall make a written record of
such examination.
(3) Whenever the Authority finds any building or portion thereof to be unsafe,
it shall, in accordance with established procedure for legal notice, give to
the owner or occupier of such building written notices stating the defects
thereof. This notice shall require the owner or the occupier within a stated
time either to complete specified repairs or improvements or to demolish
and remove the building or portion thereof.
(4) The Authority may direct in writing that the building which in its opinion is
dangerous, or has no provision for exit in the event of fire, shall be vacated
immediately or within the period specified for the purpose; provided that
the Authority concerned shall keep the record of the reasons for such
action.
(5) If any person does not comply with the orders of vacating a building, the
Authority may direct the police to remove the person from the building
and the police shall comply with the orders.
(6) In case, the owner or occupier fails, neglects or refuses to comply with
the notice to repair or to demolish the said building or portion thereof, the
Authority shall cause the danger to be removed whether by demolition or
repair of the building or portion thereof or otherwise.
(7) In case of emergency, which, in the opinion of the Authority involves
imminent danger to human life or health, the decision of the Authority
shall be final. The Authority shall forthwith or with such notice as may be
possible promptly cause such building or portion thereof to be rendered
safe by retrofitting/strengthening to the degree of safety or removed. For
this purpose, the Authority may at once enter such structure or land on
which it stands, or abutting land or structure, with such assistance and
at such cost as may be deemed necessary. The Authority may also get
the adjacent structures vacated and protect the public by appropriate
fencing or such other means as may be necessary.
(8) Costs incurred under (6) & (7) shall be charged to the owner of the
premises involved. Such cost shall be charged on the premises in respect
of which or for the benefit of which the same have been incurred and
shall be recoverable as provided under law.
Demolition of 20. (1) Before a building is demolished, the owner shall notify all utilities having
buildings. service connections within the building, such as water electricity, gas,
sewer and other connections. A permit to demolish a building shall not
be issued until a release is obtained from the utilities departments stating
that their respective service connections and appurtenant equipment,
30
such as meters and regulators have been removed or sealed and plugged
in a safe manner.
(2) The owner shall take all precautionary measures to avoid noise and dust
pollution and shall not create any inconvenience to the neighbouring plot
owners.
(3) In case of semi-detached building, no objection certificate from the
neighbours shall be obtained.
Responsibility 21. (1) Neither granting of the permit nor the approval of the drawing and
and duty of the specifications, nor inspections made by the Authority during erection of
owner.
the building shall in any way relieve the owner of such building from full
responsibility for carrying out the work in accordance with the
requirements of NBC, 2005 and these Regulations.
(2) Every owner/applicant shall:
A. Permit the Authority to enter the building or premises, for which the
permission has been granted at any reasonable time for purpose of
enforcing the Regulations,
B. Obtain, where applicable, from the competent Authority permissions
/ clearance required in connection with the proposed work,
C. Give written notice to the Authority before commencement of work
on building site in Form-V, periodic progress report in Form-VIII,
notice of completion in Form-VI and notice in case of termination of
services of Technical persons engaged by him; and
D. Obtain an Occupancy Certificate from the Authority prior to
occupation of building in full or part.
(3) Without Occupancy Certificate, the building shall be treated as
unauthorized and the land & building shall not be Regd. & transferred.
Responsibility 22. (1) Approval of plans and acceptance of any statement or document
of the Authority. pertaining to such plan shall not exempt the owner or person or persons
under whose supervision, the building is constructed from their
responsibilities imposed under these Regulations, or under any other
law for the time being in force.
(2) Approval of the plan would mean granting of permission to construct
under these Regulations only and shall not mean among other things:
A. the title over the land or building;
B. easement rights;
C. variation in area from recorded area of a plot or a building;
D. structural stability; and
E. workmanship and soundness of materials used in the construction
of the buildings;
F. quality of building services and amenities in the construction of the
building;
G. the site/ area liable to flooding as a result of not taking proper drainage
arrangement as per the natural lay of the land, etc.;
H. other requirements or licenses or clearances required for the site /
premises or activity under various other laws.
(3) The approval or permission shall not bind or render the Authority liable in
any way with regard to the matter specified in clauses (A.) to (H.).
31
PART-III
ZONING REGULATIONS
Zoning. 23. (1) In the Development Plan area, various use zones viz, Residential Retail
Commercial and Business, Wholesale Commercial, Industrial, Public
and Semi-public, Utility and Services, Open Space, Transportation,
Agricultural and Forest, Water Bodies, Special Heritage and
Environmentally Sensitive zones having their zonal boundaries as
indicated in the development plan shall be regulated as per the Table 1
under Regulation 24 . Except as otherwise provided, no structure or land
hereinafter shall be used and no structure shall be erected, re-erected
or altered unless its use is in conformity with these regulations”.
(2) All places of worship, temples, churches, mosques etc. and burial and
cremation ground as existing during 1998 shall be exempted from being
treated as non-conforming uses, provided that continuance of such uses
are not detrimental to the area as decided by the Authority from time to
time.
(3) All non-conforming uses of land and buildings shall be discontinued and
the modified uses shall be made to conform with the land use of the
development plan in force within six months of the Regulations coming
in force.
Different use of 24. (1) Permission for different uses shall be accorded outright for principal
land.
use earmarked in the different zones described in Column (2) of the
Table No. 1.
(2) Permission for different uses described in Column (3) shall be permitted
on special consideration on the recommendation of Development Plan
and Building Plan (DP and BP) Committee and reasons for such
consideration shall be recorded in writing.
(3) The purposes specified in Column (4) of the said table shall not be
permitted in the areas reserved for particular uses.
(4) Residential buildings may also be permitted in the open space use zone
if the following conditions are satisfied along with other conditions of
these Regulations:
A. the land is a stitiban land and is not a leasehold land;
B. the coverage is not more than 40%;
C. the height is not more than 7.0 (seven) metres; and at least
20 per cent of land is used for plantation.
(5) Mixed land use may be permitted in a particular zone “on a plot size of
4000 Sq. mtr. and above” on the recommendation of DP and
BP Committee, however, the main use shall cover not less than 2/3rd of
the total floor area and the ancillary use shall not exceed 1/3rd of the total
area provided minimum road width shall be 9.0 M and above.
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TABLE-1
LAND USES PERMITTED/PROHIBITED IN DIFFERENT USE ZONES
Sl. Use Zone Uses/activities permitted Uses/activities Use/activities
No. permissible on prohibited
recommendation of
DP & BP Committee
(1) (2) (3) (4) (5)
1 Residential Use 1. Residence plotted 1. Places of worship 1. Heavy, large and
Zone (R). (detached, semi- extensive
detached and row industries,
housing), group noxious,
housing, work-cum- abnoxious and
residential. hazardous
industries.
2. Hostels, boarding 2. Shopping centres 2. Warehousing,
and lodging houses. storage godowns
of perishables
hazardous,
inflammable
goods, wholesale
mandis, junk
yards.
3. Night shelters 3. Municipal, State 3. Workshops for
Dharamashalas, and Central buses.
guest houses. Government
Offices.
4. Educational 4. Colleges and 4. Slaughter houses
buildings (nursery, research
primary, high institutions.
school).
33
PART – IV
GENERAL
Restriction on 25. (1) Without prejudice to any other stipulation in these Regulations, no
permission. permission to construct a building on a site shall be granted:
A. in areas of natural waterways or drains, as detailed in the
Development Plan/Drainage;
B. if the orientation of such building is not in harmony with the
surroundings, as may be decided by the Art Commission;
C. if the use to which the site is proposed to be put does not conform
to the use earmarked in the Development Plan;
D. if the building is to be constructed over or under a municipal drain,
sewerage line, electrical line, water main, any other government or
public land, or public utility services;
E. all Structural Plans are required to be prepared taking this into
account the seismic effect of the particular seismic zone under
which Brahmapur falls;
F. the area is located in no development zone of CRZ;
G. if all structure plans are not prepared taking into account the
structural safety from seismic zone point of view.
Distance from 26. (1) As provided in clause-6.4 of NBC-2005 no verandah, balcony or the
Electric lines. like shall be allowed to be erected or re-erected or any additions or
alterations made to a building within the distances quoted below in
accordance with the current Indian Electricity Rules, as amended
from time to time between the building and any overhead electric
supply line;
TABLE-2
MINIMUM DISTANCE FROM THE ELECTRIC LINE
Vertical distance in Horizontal distance in
meters meters
Low and medium voltage 2.5 1.2
lines and service lines.
High voltage lines up to and 3.7 1.2
including 11,000 Volt.
High voltage lines above 3.7 2.0
11,000 volt and up to and
including 33,000 Volt.
Exttra high voltage line 3.7 2.0
beyond 33,000 Volt.
(Plus 0.3 meters for (Plus 0.3 meters for
every additional every additional
33,000 volts or 33,000 volts or
part thereof) part thereof)
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Plantation. 27. In every building area up to 500 Sqm 5% and above 500 Sqm 10% of the
land shall be covered by plantation, but in case of multi-storied buildings/
Group Housing/Apartment building/Industrial/Assembly/Educational/
Institutional buildings, at least 20% of the land shall be covered with plantation.
Means of 28. (1) Every building/plot shall abut on a public/ private means of access like
access. streets/roads of duly formed of width as specified in clause 4,
Part-3 of NBC-2005.
(2) In no case, development of plots shall be permitted unless it is accessible
by a public/private street of width not less than 6 meters.
(3) In case of institutional, administrative, assembly, industrial and other non
residential and non-commercial activities, the minimum road width shall
be 12 meter.
(4) In case of a private road, which gives access to one or more buildings,
the owner of the said private road shall develop the road and storm water
drain as required by the Local Authority, and transfer the same by way of
gift to the Local Authority or handed over to the Registered Residents’
Welfare Association for maintenance .
(5) In the existing built-up area in the case of plots facing street/means of
access less than 6.0 mtrs. in width, the building line shall be maintained
at a distance of 3.0 mtrs. in addition to the front set back from the central
line of the street/means of access to facilitate formation of a new street/
means of access of 6.0 mtrs. width up to a length of 120 metrs. after
which it should be connected to a wider road.
Minimum size 29. The minimum size of plots for different categories of building are given
of plot. below :—
TABLE-3
CATEGORYWISE SIZE OF PLOTS
Category Minimum road Minimum size of
width (m) plot in Sq. m.
(2) Where the plot width is 7.0 meters or less permission may be granted
on one side set back but side set back may not be insisted for a plot
width up to 5.0 mtrs. However no permission shall be granted if the plot
width is less than 3.0 mts.
(3) No stilt or cellar shall be permitted on road of less than 9.00 mts.
(4) Double cellar/stilt is allowed in case the plot area is more than
1000 sqm. with 12m approach road.
(5) Guard room/ATM counter up to 10 sqm. may be allowed in the plot where
the front set back is at least 9.00 mts.
(6) Where a plot abut a road less than 6.0 mtrs. the maximum coverage
shall be restricted to 50% with FAR-1.0 and where road width is less
than 3.0 mtrs. no permission shall be granted.
(7) In case of group housing, the minimum distance between two buildings
will not be less than 1/3rd of the height of the taller building. However the
minimum width of the internal road will be 6 m.
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(8) The set backs/open spaces for other occupancies shall be as below:
A. Institutional (Educational) buildings–In case of nursery schools,
the open spaces around the building shall not be less than 3 meters
and for all other educational buildings the open spaces around the
building shall not be less than 6 meters.
B. Institutional buildings–the open spaces around the building shall
not be less than 3 meters for plots up to 1000 square meters and
6 meters for plots with are more than 1000 square meters of size.
C. Assembly buildings the open space in front shall be not less than
12 m. and the other open spaces around the building shall not be
less than 6 m.
D. Commercial & Storage buildings—In case of plots with more than
500 sq.mtr. area, the open spaces around the building shall not be
less than 4.5m.
E. Industrial buildings—the open spaces around the building shall not
be less than 4.5 m for heights up to 15 meter, with an increase of
0.25 meter for every increase of 1 meter or fraction thereof in height.
F. Hazardous occupancies—the open spaces around the building shall
not be less than 6 m.
G. IT,ITES and other Corporate Buildings—In case of plots up to
750 sqm. the minimum set backs around the building shall not be
less than 3 mtr. In case of plots above 750 sq. mtr the minimum
set backs around the building shall not be less than 4.5 mtr.
Minimum set 31. For high-rise/multi-storied buildings, the open spaces around the building shall
backs for high be as given in the Table below:
rise buildings.
TABLE-5
PROVISION OF EXTERIOR OPEN SPACES AROUND THE BUILDING
Sl. Height of the Building Exterior open spaces to be left
No. (in metres) out on all sides in m. (front rear
and sides in each plot)
1 15 and above up to 18 6
2 More than 18 up to 21 7
3 More than 21 up to 24 8
4 More than 24 up to 27 9
5 More than 27 up to 30 10
6 More than 30 up to 35 11
7 More than 35 up to 40 12
8 More than 40 up to 45 13
9 More than 45 up to 55 14
10 More than 55 16
NOTE—(i) On sides where no habitable rooms face, a minimum space of 9.0 m.
shall be left for heights above 27.0 m.
(ii) In case of multi storied buildings the exterior open space around a
building shall be of hard surface capable of taking load of fire engine
weighting up to 45 tonnes.
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Floor Area 32. (1) The Floor Area Ratio (F.A.R) for residential, commercial, corporate
Ratio. IT/ITES buildings shall be decided on the basis of the road width on
which the plot/site abuts.
TABLE-6
FAR AS PER ROAD WIDTH
Road width FAR for FAR for
( in metres) Commercial/ IT/ITES/
Residential Corporate
building buildings
Below 6 1.00 –
6 or more & less than 9 1.50 –
9 or more & less than 12 1.75 –
12 or more & less than15 2.00 2.00
15 or more & less than18 2.25 2.25
18 or more & less than 30 2.50 2.50
30 & above 2.75 2.75
(2) “In case of group housing, the maximum permissible FAR shall be 2.75
and maximum permissible ground coverage shall be 40%. However,
additional FAR equal to the FAR consumed for construction of EWS/LIG
units shall be allowed, subject to the ceiling of 25% of the permissible
FAR. The FAR shall be calculated on the total plot area”.
(3) In case of Institutional and Assembly building the maximum permissible
FAR shall be 1.50 for plots up to 1000 sq. m. and 1.75 for plots above
1000 sq. m.
(4) In case of transport related activities such as; railway yards, railway
station, bus stands, bus shelters, transport depot, air port, special ware
housing, cargo terminals etc. the maximum permissible FAR shall be
1.00.
(5) In case of Industrial building the maximum FAR shall be 1.00.
(6) In case a part of the plot is acquired / donated for public purpose like
road, drain, etc., the Authority may allow additional FAR up to 0.25 in the
form of TDR (Transferable Development Right) as per the modality
approved by the Authority.
(7) The Authority may allow premium FAR up to 0.25 on IT/ITES buildings
on payment of fees to be decided by the Authority from time to time, on
roads of width 30 mt. and above. The Authority may refund the fee
proportionate to 0.10 premium FAR in case of platinum/ gold certified
green buildings.
(8) The benefit of unutilized FAR in respect of Apartment Buildings/ Group
Housing shall be made available to the society and not to the Builder/
Developer.
(9) Exclusive multistorey parking blocks can be provided within the required
setback area without reducing the driveway for the fire tender to the extent
of minimum 6 meters.This will not be included in the calculation of
coverage and FAR.
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TABLE–7
Up to 360 0
361 to 510 6
511 to 660 9
661 to 810 12
811 to 960 15
961 to 1110 18
1111 to 1260 21
1261 to 1410 24
1411 to 1560 27
More than 1560 30
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TABLE-8
Up to 21 0
22 to 42 3
43 to 63 6
64 to 84 9
85 to 105 12
106 to 126 15
127 to 147 18
148 to 168 21
169 to 189 24
190 to 210 27
More than 210 M. 30
(3) Notwithstanding anything contained in the Tables under sub-
Regulation (1), no Radio Aerial, T.V. Antenna, Cell phone tower or such
similar type of installations exceeding 52 metres in height shall be erected
without prior permission of the concerned Civil Aviation Authority.
(4) No building structure or installation exceeding the height indicated in the
said Tables shall be permitted unless the applicant produces a
‘No-Objection Certificate’ from the Airport Authority.
Off Street 34. (1) In all buildings including Apartment buildings/ Group Housing, Hotels,
Parking Restaurants and Lodges, business buildings, commercial buildings,
Space.
Institutional buildings like hospitals, Educational buildings like schools
and colleges, multi-storied buildings/complexes etc. and all other
non-residential activities provision shall be made for parking spaces as
per the following requirements.
TABLE-9
OFF STREET PARKING SPACE FOR DIFFERENT CATEGORY OF OCCUPANCIES
Sl. Category of Building/Activity Parking area to be provided as
No. percentage of total built up area
1 2 3
1 2 3
2 Restaurants, lodges, other commercial 30
buildings, assembly buildings, office
complexes.
3 Residential apartment buildings, Group Housing, 25
Clinics, Nursing Homes, Hospitals, Institutional
and Industrial buildings.
N.B.— Basement (s)/Stilts used exclusively for parking and permissible services
shall not be counted towards FAR shall be inserted.
(2) The parking spaces may be provided in.
A. Basement or cellar
B. on stilt floor
C. open parking area
D. exclusive multi level car parking or
E. a combination of any or all of the above
F. Roof top parking in case of commercial/IT/ITES and Corporate
Building.
“N.B.— For parking purposes, single basement shall be allowed in case of plot
size of 500 square meter or more, and multiple basements shall be
allowed in case of plot size of 1000 square meter or more. The roof top
parking with car lift shall be allowed only in case of plinth area/roof area
of 2000 square meter or more. For other than parking purposes, single
basement may be allowed in plot size of less than 500 square meters
also subject to a maximum of 50% of the covered area”.
(3) Off-street parking spaces shall be provided with adequate vehicular
access to a street and the area of drives, aisles and such other provisions
required for adequate maneuvering of vehicles and shall be in addition to
the parking space not less than 20% stipulated in these Regulations.
(4) If the total off-street parking space required under these Regulations is
provided by a group of property owners at a place for their mutual benefit,
such parking spaces may be constructed as meeting the off-street parking
requirement, however, subject to the approval of the Authority.
(5) Garage with locking facilities shall be included in the calculation of floor
space for determining the requirement of parking space, unless this is
provided in the basement of a building or under a building constructed on
stilts with no external walls.
(6) The parking spaces to be provided shall be in addition to the open spaces
(setback) required around a building under these Regulations. However,
one row of car parking may be provided in the front open space and one
row of scooter or motor cycle parking may be provided in any one of the
side open space without reducing the clear vehicular access way to
less than 6.0 metres.
(7) Stilt floor/Cellar parking floor shall be used only for parking and not for
any habitation purpose. Misuse of the area specified for parking of vehicles
for any other use shall be summarily removed/demolished by the Authority.
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(8) For parking spaces in basements and upper storeys of parking floors,
at least two ramps of minimum 3.6 m width or one ramp of minimum 5.4
m width and adequate slope shall be provided. Such ramps may be
permitted in the side and rear setbacks after leaving sufficient space for
movement of fire-fighting vehicles. Access to these may also be
accomplished through provisions of mechanical lifts.
(9) Up to 10% of cellar may be utilized for utilities and non-habitation purpose
like A/C plant room, Generator room, Electrical installations, laundry, etc.
(10) At least 20% of the parking in group housing, apartment buildings shall
be earmarked for visitors. The Visitors parking facility shall be open to all
visitors.
(11) Every building except a residential building having less than four dwelling
units will have parking space earmarked for ambulance, fire tender and
physically challenged persons.
(12) In respect of Apartment Complexes/Building/Block, in sites up to
750 sq m the parking requirement shall be deemed to be met if the entire
stilt floor is left for parking. A WC/Toilet facility shall be provided for watch
and ward in the stilt floor.
(13) Apart from use of Basement for Services/Parking/ Storage, it may be
used for other activities like library, Study Room, Games Room and
Laundry only in case of Residential and Institutional Buildings.
Interior open 35. (1) At least one side of all the rooms intended for human habitation, if such
space. room does not abut on the front or the rear or the side setbacks, shall
abut on an interior open space whose minimum dimension shall be 3
metres X 3 metres in cases of buildings up to a height of 12 metres. In
cases where the height of the building is more than 12 metres, the width
of the interior open space shall be increased at the rate of one metre for
every additional 3 (three) metres height. This provision shall be applicable
to all categories of buildings, namely, residential, group housing,
apartment commercial, public, and semi-public and Industrial.
(2) For ventilating the spaces for water closets and bathrooms ventilation
shafts shall be provided with size as provided under clause-8.2.5,
part-3 of NBC, 2005.
Height 36. The following appurtenant structures shall not be included in the height of the
exemption of a building.
building.
A. Roof tanks and their supports (with support height not exceeding 1 m.)
B. Ventilating, air conditioning, lift rooms and similar service equipments
C. Stair cover not exceeding 2.5 m. in height and
D. Chimneys, parapet walls and architectural features not exceeding
1.2 m. in height.
E. Barsati over residential building not exceeding 2.5m,
Exemption in 37. (1) Every open space provided either in the interior or exterior in respect of
Open space. any building shall be kept free from any erection thereon and shall be
open to the sky and no cornice, roof, or weather shade of more than
0.75 m. in width shall overhang or project over such open space.
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(2) A portico of up to 2.5 m. width and 4.6 m. length with a minimum height
of 2.1 m. from the plinth level may be permitted within the side setback.
A garage is permissible at the rear end of side open space provided no
openings are located on the side and rear boundary. Access to the top of
the portico/garage should not affect the privacy of the neighboring plot.
(3) The portico provided as above should not rest on the boundary wall and
should be open to provide through excess to the rear. In case the Portico
is not a cantilevered one and supported by pillars the area shall be included
in the coverage.
Basement/ 38. (1) Basement shall not be permitted in low lying area and areas without
Cellar. adequate drainage facilities to ensure drainage from the basement.
(2) Construction of a basement may be allowed by the Authority in
accordance with the provisions contained in the development plan
applicable to the concerned area.
(3) The basement shall only be put to the following uses:—
A. Storage of household or other non-combustible materials;
B. Strong room, bank cellars etc;
C. Installation of air-conditioning equipments and other machines used
for service and utilities of building;
D. Parking places.
(4). “However basements/cellars may be permitted to be constructed leaving
the prescribed set back/open space applicable to the building. Further,
in case of apartment/group housing/ commercial/ corporate & IT/ ITES
buildings, the basements may be allowed to be constructed under the
entire plot area leaving 3 meter space from the boundary of the premises
subject to the following”;
(i) “In all such cases the owners have to indemnify the Authority against
any damage caused by her/him/them to the adjacent property in
the format given in Form-XI”.
(ii) “The portion of the basement projecting out of the building line shall
flush with the ground”.
(5) The basement shall fulfill the following requirements :—
A. Every basement shall be in every part atleast 2.5 m. in height from
the floor to the soffit of the roof slab or ceiling;
B. Adequate ventilation shall be provided for the basement.
The standard of ventilation shall be the same as required by the
particular occupancy according to regulations. Any deficiency may
be met by providing adequate mechanical ventilation in the form of
blowers, exhaust fans (one exhaust fan for 50 Sq.m. of basement
area), air conditioning system etc;
C. The minimum height of the ceiling of top basement shall be 1.00 m.
and the maximum, 1.5 m. above the average surrounding ground
level;
D. Adequate arrangement shall be made to that surface drainage
does not enter the basement;
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D. Exit/Entrance Door:
Minimum clear opening of the entrance door shall be 900mm and it shall
not be provided with a step that obstructs the passage of a wheel chair
user. Threshold shall not be raised more than 12 mm.
E. Entrance Landing:
Entrance landing shall be provided adjacent to ramp with the minimum
dimension 1800mmx 2000 mm. The entrance landing that adjoins the
top end of a slope shall be provided with floor materials to attract the
attention of visually impaired persons (limited to coloured floor material
whose colour and brightness is conspicuously different from that of the
surrounding floor material or the material that emits different sound to
guide visually impaired persons hereinafter referred to as “guiding floor
material”). Finishes shall have a non slip surface with a texture traversable
by a wheel chair. Curbs wherever provided must blend to a common
level.
F. Corridor connecting the entrance/exit for the handicapped:
The corridor connecting the entrance/exit for handicapped leading directly
outdoors to a place where information concerning the overall use of the
specified building can be provided to visually impaired persons either by
a person or by signs, shall be provided as follows:
(i) Guiding floor materials, shall be provided or devices that emit sound
to guide visually impaired persons.
(ii) The minimum width shall be 1250 mm.
(iii) In case there is a difference of level, slope ways shall be provided
with a slope of 1:12
(iv) Hand rails shall be provided for ramps/slope ways at a height of
800 mm.
(5) Stairways:
One of the stairways near the entrance/exit for the handicapped shall
have the following provisions:
A. The minimum width shall be 1350 mm.
B. Height of the riser shall not be more than 150 mm. and width of the
tread 300 mm. The steps shall not have abrupt (square) nosing.
C. Maximum number of risers on a flight shall be limited to 12.
D. Hand rails shall be provided on both sides and shall extend 30mm
on the top and bottom of each flight of steps.
(6) Lifts:
Wherever lift is required as per bye-laws, provision of at least one lift
shall be made for the wheel chair user with the following cage dimensions
of lift recommended for passenger lift of 13 persons capacity by Bureau
of Indian Standards.
Clear internal depth : 1100 mm.
Clear internal width : 2000 mm.
Entrance door width : 900 mm.
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A. A handrail not less than 600 mm. long at 1000 mm. above floor level
shall be fixed adjacent to the control panel.
B. The lift lobby shall be of an inside measurement of 1800 mm. x
1800 mm. or more.
C. The time of an automatically closing door shall be minimum
5 seconds and the closing speed should not exceed 0.25 meter/
sec.
D. The interior of the cage shall be provided with a device that audibly
indicates the floor the cage has reached and indicates that the door
of the cage for entrance/exit is either open or closed.
E. The control panel shall have marking in Braille to help visually
impaired.
(7) Toilets:
One special Water Closet in a set of toilets shall be provided for the
use of handicapped with essential provision of washbasin near the
entrance for the handicapped.
A. The minimum size shall be 1500 x 1750 mm.
B. Minimum clear opening of the door shall be 900mm and the door
shall swing out.
C. Suitable arrangement of vertical/horizontal handrails with 50 mm.
clearance from wall shall be made in the toilet.
D. The Water Closet seat shall be 50mm from the floor.
(8) Drinking Water:
Suitable provision of drinking water shall be made for handicapped near
the special toilet provided for them.
(9) Designing for Children:
In a building meant for the predominant use of the children, it is necessary
to suitably alter the height of the handrail and other fittings and fixtures.
Rainwater 43. Provision of rain water harvesting is mandatory for all plots, which are more
harvesting than 300 Sqm. in area. The dimension of recharging pits/trenches should be
system.
at least 6 cubic meters for every 100 Sqm. of roof area. Percolation Pits shall
be filled with small pebbles or brick jelly or river sand and covered with
perforated concrete slabs. Apart from this, the following requirements are
optional and may be provided depending on site conditions.
A. Terrace Water Collection: The terrace shall be connected to a sump
or the well through a filtering tank by PVC pipe. A valve system shall be
incorporated to enable the first part of the rainwater collected to be
discharged out or to the soil if it is dirty. A filtering tank measuring 0.36
Sq. m. can be constructed near the sump. The tank can be divided by a
perforated slab and one part should be filled by small pebbles and other
by brick jelly. The bottom portion of the tank should have a slope to avoid
stagnation of water.
B. Open Ground: Where there is open ground, a portion of topsoil should
be removed and replaced with river sand to allow slow percolation of
rain water. Any other method proved to be effective in conservation and
harvesting of rainwater may be adopted in each and every construction
taken up.
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Signs and 44. (1) Signs and outdoor display structures shall be governed by the
outdoor display relevant provisions of the Odisha Municipal Corporation Act/
structures.
Odisha Municipal Act.
(2) Within the Brahmapur Development Plan area where no specific
guideline for the above structures is framed, the Authority shall
prescribe the guidelines with approval of Government.
Reference 45. The standards relating to water and sanitation requirements for various
to the occupancies and uses, fire protection and fire safety requirements and
standards.
guidelines for installation of solar water heating system shall be referred to
as given at Annexure-IV.
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PART-V
SPECIAL REGULTIONS
Apartment. 46. (1) Apartment building shall be permitted only on plots of size of more than
500 Sqm. but less than 4000 Sqm.
(2) In apartment building, the owner / developer shall provide floor space for
house owner’s society Office / assembly at the rate of 1 Sqm. per/flat
provided that the minimum area shall not be less than 12 Sqm.
(3) One staircase for every 6 dwelling units or fraction there of in a floor shall
be provided. However minimum towel distance 22.5 m.
(4) The minimum width of approach road to the plot shall be 7.5 meters for
non high-rise and 12 meters for high-rise Apartment buildings.
(5) For apartment buildings, at least 10% of the covered area (considered
for computation of FAR) will be earmarked for construction of housing
units for EWS/LIG category. The cost and method of allotment of such
houses will be decided by the Authority:
Provided that the developer has the option of developing the EWS/LIG
units at the same site or within a distance of five (05) kilometers from the
main project:
Provided further that the Developer may be given the option of depositing
an amount, as decided by the Authority from time to time, to a fund named
as “Shelter Fund” to be maintained by the Berhampur Development
Authority in lieu of constructing the EWS/LIG houses. The proceeds of
this fund will be utilized by the Authority for construction of EWS/LIG
houses and slum rehabilitation and development:
Provided that additional FAR equal to the FAR consumed for construction
of EWS/LIG units shall be allowed, subject to the ceiling of 25% of the
permissible FAR”.
Group Housing. 47. (1) The minimum size of site for group housing shall be 4000 Sqm.
(2) In addition to other requirements the group housing schemes shall be
accompanied by
A. A services and Utilities plan as per standards for water supply
system, drainage and storm water disposal system, sewerage
system, rain water harvesting structures, and for other utilities.
B. A landscape plan including rainwater harvesting/water recycling
details.
C. Parking & internal circulation plan along with Common pool parking
area plan, if any. The above shall be drawn on suitable scale with
relevant details.
(3) The minimum abutting road width shall be 9 m. for non high-rise and
12 m. for high-rise building and should be black topped/cement concrete
road with drains.
(4) Common amenities and facilities like shopping centre, community hall
or centre/club etc. are required to be provided up to 5% of the area and
shall be planned and developed in cases where the units are above 50 in
number and not be part of the residential blocks.
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(5) A black topped unhindered public access road of at least 7.5 meter width
shall have to be developed on any one side of the periphery as per
suitability and feasibility for the convenience of accessibility of other sites
and lands located in the interior.
(6) In case of blocks up to 12 m. heights, access through pathways of 6 m.
widths would be allowed. All internal roads and pathways shall be
developed as per standards.
(7) Minimum of 10% of site area shall be earmarked for organized open
space and be utilized as greenery, tot lot or soft landscaping, etc. and
shall be provided over and above the mandatory open spaces. This space
may be in one or more pockets.
(8) At least 15% of housing units developed will be earmarked for EWS / LIG
category.
(9) For Group Housing Projects, at least 10% of the covered area (considered
for computation of FAR) will be earmarked for construction of housing
units for EWS/LIG category. The cost and method of allotment of such
houses will be decided by the Authority:
Provided that the developer has the option of developing the EWS/LIG
units at the same site or within a distance of five (05) kilometers from the
main project:
Provided that for Group Housing Projects taken over an area, to be decided
by the Authority, the Developer may be given the option of contributing an
amount, as decided by the Authority, to a fund named as “Shelter Fund”
to be maintained by the BDA in lieu of constructing the EWS/LIG houses.
The proceeds of this fund will be utilized by the Authority for construction
of EWS/LIG houses and slum rehabilitation and development.
However, additional FAR equal to the FAR consumed for construction of
EWS/LIG units shall be allowed, subject to the ceiling of 25% of the
permissible FAR”.
Out House. 48. An out house with zero level rear and one side set back may be permitted on
a plot having an area not less than 200 Sqm., provided that:
(1) the coverage of the out house shall not exceed 30 Sqm. and the height
shall not exceed 3 m.;
(2) the coverage of the out house and that of the main building together shall
not exceed the permissible coverage for the concerned plot;
(3) the out house shall not cover more than one third of the width and more
than one fourth of depth of the plot and shall not abut any public road;
(4) a minimum 1.5 m. strip of land shall be kept open to the sky between the
main building and the out house;
(5) no opening either in the form of windows or doors or ventilators shall be
provided to the adjoining properties;
(6) out houses with sloping roof would only be permitted.
Requirement of 49. In a Basti area, no permission is required for construction/reconstruction/
Basti Area. addition alteration of building over a plot having less than 300 Sqm. up to
10 meter height.
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Semi-detached 50. (1) Owners of adjacent similar dimension plot abutting a road may be
and row permitted to construct row or semi-detached buildings.
housing.
(2) The orientation of the row or semi-detached building shall preferably be
such that the prevailing south-west summer breeze can be availed by
each dwelling unit.
(3) For semi-detached buildings over two adjacent plots, the setbacks, the
height and the FAR shall be regulated by treating both the plots as one.
(4) In case of row housing, the length of a row shall not exceed 30 m. along
the road on which such houses abut. In case, the dwelling units in a row
are scattered the maximum length of the road shall be 100 m..
(5) For row houses the ground coverage shall not be allowed to exceed
60% and the FAR more than 1.50.
(6) The minimum size of the plot on which a unit of a row housing may be
allowed shall be 30 Sqm.
(7) Two Adjacent owners may apply for semi detached building leaving one
side set back to the extent of combined width of both set-back. In case
of any deviation during construction, it shall be treated fully as deviation
beyond permissible limit.
Shop-cum- 51. Where plots are allotted in a row for shop-cum-residential purpose the Authority
residence. may allow construction of shop-cum-residential building without any side set
backs up to a depth of 10 meters from the front exterior wall. Provided that no
part of the building up to said depth is used for residential purpose on the
ground floor. No building exceeding 11 meters in height shall be allowed to be
constructed as a shop-cum-residential plot, unless so permitted under the
Zonal Development Plan, provided that the shop-cum-residence shall have
2/3rd of the total floor area used for shops. The FAR and other parameters
shall conform to that specified for commercial buildings.
Cinema, 52. (1) The relevant provisions of the Odisha Cinemas (Regulations) Rules,
Multiplex and 1954 shall apply for planning, designing and construction of Cinema and
Theatre building.
Theatre buildings.
(2) No permission for construction of a building to be used as a cinema hall,
theatre or auditoria for cultural show shall be granted unless the
construction of such buildings conforms to the provisions of the Odisha
Cinema (Regulations Act, 1954 and the Odisha Cinematograph Rules,
1939 or any other law in force in the State.
(3) No permission to construct a cinema hall on a site shall be given unless
such site has been approved by the Authority for construction of a cinema
hall thereon.
(4) Excepting provision for restaurant and incidental facilities no other use
shall be permitted in a cinema building.
(5) All cinema, theatre or auditoria buildings shall conform to IS; 4898-1968
and acoustics design of such buildings shall adhere to the requirements
of IS; 2526-1963.
(6) Exits and fire safety requirements shall be in accordance with Part IV
(Fire and life safety) of National Building Code of India, 2005.
65
Liquefied 53. (1) This shall not be allowed in Residential, Institutional and open space use
Petroleum gas zone.
Cylinder
Godown. (2) Vacant space shall be maintained at all times, with the following
distances for storage shed used for the storage of liquefied petroleum
gas cylinders between any building, public space, public road or any
adjoining property which may be built upon and the said storage shed.
TABLE-10
MINIMUM DISTANCES REQUIRED FOR STORAGE SHED OF LIQUEFIED
PETROLIUM GAS CYLINDERS
0-100 1
101 –1000 3
1001- 4000 5
4001-8000 7
8001-12000 9
12001-30,000 12
Over 30,000 15
(3) Notwithstanding anything contained in the conditions specified above,
cylinders containing liquefied petroleum gas exceeding 100 Kilograms
but not exceeding 300 Kilograms may be kept in a storage shed forming
part of, or attached to building, if it is separated there from by a substantial
partition and the only means of access to it is from outside. Such a
storage shed shall not be situated under any staircase or near other
entrances to or exits from the rest of the building or other buildings. A
shed used for storage of liquefied petroleum gas cylinders shall be
surrounded by a suitable fence to prevent unauthorised persons from
having access to the shed.
Petrol Pump. 54. (1) Minimum distance from the road intersections shall be:
A. For minor roads having less than 30 m. width - 50 m.
B. For major roads having width 30 m. or more - 100 m.
(2) The minimum distance of the property line of petrol pump from the centre
line of the road should not be less than 15 meters on roads having less
than 30 m width. In case of roads having 30 m or more width, the width
of the road should be protected.
(3) Plot size:
A. Only for filling stations - 30 m. X 17 m.
B. Filling-cum-service station - 36 m. X 30 m.
C. Frontage of the plot should not be less than 30 m.
(4) New petrol pump shall not be located on roads having less than 18 m.
width.
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TABLE-11
MAXIMUM COVERAGE AND FAR
PART-VI
INTEGRATED TOWNSHIP
Large Projects. 56. (1) Integrated Townships with minimum 10 Ha of land having access from
Minimum 18 m. R/W road shall be allowed. The road shall have adequate
provision for cycle track, footpath, covered drain, plantation, street light
and under ground utilities.
(2) The integrated Township shall be permitted in Residential /Public & Semi
Public use zone.
(3) Permissible land use within the township (%).
A. Residential - 45-50
B. Industrial (Non Polluting) - 8-10
C. Commercial - 2-3
D. “Public & Semi Public” - 6-8
E. Recreational - 12- 14
(4) Other regulations for approval of Integrated Township
A. At least 10% of the total area shall be reserved for parks and open
space. It shall be developed and maintained by the developer.
B. At least 5% of the site area shall be reserved for public and
semi-public use and shall be handed over to the Authority free of
cost and the same shall be allotted by the Authority for development
either to the developer or others on lease basis.
C. The FAR shall be calculated on the total area.
D. Road shown in Comprehensive Development Plan shall be
incorporated within the plan and shall be handed over to the Local
Authority free of cost after development.
E. The maximum permissible FAR and maximum permissible ground
coverage shall be 2.75 and 40% respectively.
F. At least 10% of the covered area (considered for calculation of FAR)
will be earmarked for housing for the EWS/LIG category. The cost
and method of allotment of such houses will be decided by the
Authority.
However, additional FAR equal to the FAR consumed for
construction of EWS/LIG units shall be allowed, subject to the ceiling
of 25% of the permissible FAR”.
G. At least one of the major interconnecting roads shall be 18 mtr R/W
and shall be open ended.
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PART-VII
MULTI-STOREYED BUILDINGS : ADDITIONAL REQUIREMENTS
Restriction on 57. (1) Construction of multi-storied building shall not be permitted in areas
construction of identified by the Authority from time to time which include Heritage Zones.
multi-storied
building.
(2) The Authority may restrict construction of multistoried buildings in any
other area on the basis of objective assessment of the available
infrastructure and planning needs after obtaining due approval of the
Government.
(3) Before commencement of these Regulations, where permission has
been granted conditionally, such cases shall be dealt with under these
Regulations as far as possible, without any major change, or without
removal of construction. However, where violation of Heritage Zone
conditions has occurred, this relaxation shall not apply.
(4) No multi-storied building shall be allowed to be constructed:
A. with approach road less than 12 m. width;
B. on plot the size less than 2000 sq. m.
Stages of 58. Permission for construction of multi-storied building shall be accorded along
permission. with direction to the building/developer to develop the onsite and offsite
infrastructure like connectivity of sewerage, drainage, water supply, road etc.
to the main network as per the specification of the concerned public authorities.
The builder/developer shall produce no objection certificate from the above
authorities regarding successful completion of all infrastructures while applying
for occupancy certificate, based on which Berhampur Development Authority
shall consider issue of Occupancy Certificate.
NOTE–The plantation shall not obstruct free movement of fire tenders around
the building.
Commencement 59. (1) Every applicant or builder or owner shall submit a notice regarding his
of work. intention to commence the foundation work of the proposed multi-storied
building to the Authority through authorized technical persons. The said
notice shall be accompanied by the approved plan and should be in
Form-V.
(2) Soon after the receipt of the notice referred to in sub- clause (1) above,
the Authority shall send a team of officers to the proposed building site
and the layout for foundation of the proposed multi-storied building shall
be made in presence of those officers. The team shall also submit a
report to the Authority to the effect that the layout has been made as per
the approved plan.
(3) During or soon after the construction of the foundation work of the multi-
storied building, the Vice-chairman / Planning Member of the Authority
shall inspect the construction to ensure that the setbacks, coverage,
basement if any, and foundation standards are according to the approved
plan.
(4) The applicant/builder shall submit periodic progress report after casting
of each floor slab in Form-VIII.
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Liability of 60. (1) For defective constructions, the Authority shall sue the owners, builders,
defective architects, and the engineers for both civil and criminal liabilities, besides
construction.
taking action under these Regulations.
(2) Without prejudice to the provisions of the Act, the actions to be taken by
the Authority shall include stop construction notices, cancellation of
permission, and removal of unauthorized constructions. Such actions
shall be notified.
Maintenance. 61. (1) The main entrance to the premises shall not be less than 5 (five) meters
in width in order to allow easy access to fire engine. The gate shall fold
back against the compound wall of the premises, thus leaving the exterior
access way, within the plot, free for the movement of fire service vehicles.
If archway is provided over the main entrances, the height of the archway
shall not be less than 5 (five) meters.
(2) For multi-storied group housing scheme on one plot, the access way
within the premises shall not be less than 7.5 (seven and half) meters in
width and between individual building blocks, there shall be an open un-
built space of 6 (six) meters.
(3) The space set apart for providing access within the premises shall, in no
case, be included in the calculation of requirements pertaining to parking
spaces and other amenities required to be provided for the building.
(4) Every access way shall be properly drained and lit to the satisfaction of
the Authority. Manhole covers or any other fittings laid within the right of
way of the access way shall be flushed with the finished surface level of
it so as not to obstruct safe movement of men and vehicles.
(5) Reconstruction or addition or alteration to any multi-storied building shall
not be taken in a manner which shall reduce the width of the access way
to a level below the minimum prescribed limit under these Regulations.
Exits. 62. (1) Every multi-storeyed building meant for human occupation or assembly
shall be provided with exit sufficient to permit safe escape of the occupants
in case of fire or other emergencies.
(2) An exit may be a door-way, corridor, passage way to an internal or external
staircase or to a verandah or roof or terrace having access to a street.
(3) Exits shall be so arranged as to provide continuous means of access to
the exterior of a building or exterior open space leading to a street without
passing through any occupied unit.
(4) Exits shall be so located that the travel distance on the floor shall not
exceed twenty meters in case of residential, educational, institutional
and hazardous occupancies and thirty metres in the case of assembly,
business, mercantile, industrial and storage occupancies. Wherever
more than one exit is required for a floor of a building, exits shall be
placed at a reasonable distance from each other as possible. All the
exits shall be accessible from the entire floor area at all floor levels.
(5) There shall be at least two exits serving every floor and at least one of
them shall lead to a staircase.
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(6) The width of every exit shall not be less than one metre and shall be
provided as per the following table.
TABLE-12
NUMBER OF OCCUPANTS AS PER TYPE OF OCCUPANCY
1 Residential 25 75
2 Mixed and other uses 50 75
Explanation:
A. Lifts and escalators shall not be considered as an exit.
B. Travel distance’ means the distance from any point in the floor area
to any exit measured along the path or egress except that when the
floor areas are sub-divided into rooms, used singly or of rooms
and served by suite corridors and passage, the travel distance may
be measured from the corridor entrance of such rooms or suites to
the nearest staircase or verandah having access to the street.
ICT landing 63. Every multi storeyed building complex shall have provision for Information
points. and Communication Technology (ICT) landing point in the form of a room
near the main entrance gate of dimension not less than 3 m. x 4 m. and
having 3 m. clear height. The room shall have two fire proofs doors of 1.2 m.
width opening outwards along with adequate ventilation in the form of windows/
ventilators. Such room shall not be counted in coverage and FAR calculations.
Penal Action 64. (1) Not withstanding anything contained in these regulations the Authority
against Builders reserves the right to debar/ black list the builder/ technical person who
Technical has deviated from the professional conduct or has made any fraudulent
Personnel.
statement or has misrepresented/suppressed any material facts in his
application/ plan or is involved in construction of the building deviating
from the approved plan/norms of these Regulations.
(2) Before taking any action under clause (1) specified above the Authority
shall issue a notice specifying the reasons thereof asking for a show-
cause within 15 days as to why such builder/technical person shall not
be debarred/black listed. After receipt of the show cause, if any, the same
shall be placed before the Authority for a decision on debarring/black
listing the technical person/builder. The decision of the Authority in this
regard shall be published.
(3) An appeal against an order under sub-clause (2) above shall lie under
section 103 of the Act.
Occupancy of 65. In addition to the general provisions contained in regulation-16 and partial
the building. modification thereof the following provisions shall be followed in case of
multi-storied buildings, apartments and group housing schemes;
(1) No person shall occupy or allow any other person to occupy any part of
the multi-storied building for any purpose until such building or any part
of it, as the case may be, is granted occupancy certificate by the Authority.
72
Structural Safety 68. (1) Structural Design : The structural design of foundation, masonry, timber,
Design and plain concrete, reinforced concrete, pre-stressed concrete and structural
other services
steel shall be carried out in accordance with Part-VI structural design,
requirements.
section-1 loads, section-2 foundation, section-3 wood, section-4 masonry,
section-5 concrete and section-6 steel of National Building Code of India
taking into consideration all relevant Indian Standards prescribed by
Bureau of Indian Standards including the Indian Standard given in IS-
Code 1893-1984, 13920-1993, 4326-1993, 13828-1993, 13827-1993 and
13935-1993 for structural safety.
(2) Quality of Materials and Workmanship : All material and workmanship
shall be of good quality conforming generally to accepted standards of
Public Works Department and Indian standard specification and codes
as included in Part-V Building Materials and Part-VII Construction
practices and safety of National Building Code of India.
(3) Alternative Materials, Methods of Design and Construction and
Tests : The provision of the Bye-Laws are not intended to prevent the
use of any material or method of design or construction not specifically
prescribed by the bye-law provided any such alternative has been
approved. The building materials approved by B.I.S. or any statutory body
will form part of the approved building material and technology as part of
the Bye-Laws.
(4) Building Services :
A. The Planning design and installation of electrical installations, air
conditioning installation of lifts and escalators can be carried out in
accordance with Part-VIII Building Services, section–2 electrical
installation, section–3 air conditioning and heating, section-5
installation of lifts and escalators of National Building Code of India,
2005.
B. The number and type of lifts to be provided in different buildings
shall be as given in NBC 2005.
C. The requirements of electric sub-station and the provision of electric
sub-station shall also require approval from Electricity Board
concerned.
(5) Plumbing Services :
A. The planning, design, construction and installation of water supply,
drainage and sanitation and gas supply system shall be in
accordance with Part-IX, Plumbing Services, section-l water supply;
section-2 drainage and sanitation and section-3 gas supply of
National Building Code of India 2005.
B. Requirement of water supply for various occupancies in buildings
shall be as per the N.B.C-2005.
C. Requirement of sanitary fittings and installations for different
occupancies in buildings shall be as per the N.B.C.-2005.
74
PART-VIII
DEVELOPMENT AND SUBDIVISION OF LAND REGULATIONS
Application. 69. (1) Applications for subdivision of land for utilizing selling, leasing out or
otherwise disposing it off as referred to in Clause(a) of sub-section(1) of
Section 16 shall be made to the Authority in Form-1.
(2) The applications for subdivision shall be accompanied by—
(i) a copy of the title deed of the land in question;
(ii) an affidavit with regard to legal ownership and possession of land
and such other particulars as the Authority may require;
(iii) an authenticated copy of the certificate with regard to the payment
of development charges, if any, under, Chapter-IX of the Act, provided
that submission of such certificate shall not be necessary if the
provisions of Chapter-IX of the said Act has not been brought into
force in the area in which the concerned land is located;
(iv) an authenticated copy of the receipt towards payment of the
specified fee to the Authority as prescribed under Rule-18;
(v) a No Objection Certificate from the lesser in case the land is not
lease-hold unless the lease deed permits undertaking subdivision
as applied for;
(vi) a site plan traced out of revenue village settlement map in operation
indicating therein in red colours the lands to which the application
relates and surrounding plots;
(vii) an index plan of the site showing adjoining areas within a radius of
150 m. round from the proposed site marking clearly therein the
boundaries of the proposed layout in red colours, existing road,
structures, burial ground and high tension or low tension power line
passing through the site of the layout plan and the level of the site;
(viii) a detailed plan to a scale not less than 1:100 showing the proposed
layout (subdivision)indicating size of plot width of the proposed road,
open space and amenities provided;
(ix) land use analysis indicating the survey plot number, the bye-plot
number, the detailed dimensions of all the plots, the area of each
plot and the use to which they are proposed to be put;
(x) in case of land originally belonging to any religious endowments,
a No Objection Certificate from the Endowment Commissioner or
Wakf Board, as the case may be.
(3) Where permission for subdivision of land is granted, such permission
shall be communicated to the applicant in Form II within 60 days from
the receipt of the application.
(4) Where permission for subdivision of land is refused such refusal shall
be communicated to the applicant in Form IX.
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Use in relation 70. (1) Subdivision of land shall normally be permitted for the purpose for which
to development
plan.
the concerned land is earmarked in the development plan. Such
subdivision may be for residential, commercial, industrial, institutional or
combination of one or more of this purpose or such other purpose as
may be considered on forming to the provisions in the development plan:
Provided that in every subdivision plan spaces for roads, community
facilities and public utilities as specified in this part or such other facilities
as the Authority may determine shall be incorporated.
(2) After a subdivision plan has been approved the Authority shall not
permit construction of a building on any of the plot under Section 16
unless the owners have laid down and made street or streets and
provided amenities as approved or transferred the land covered by roads,
open spaces or other public purposes to the concerned local body.
(3) Subdivision of land for residential purpose in green-belt use zone shall
not be permitted unless such subdivision in the opinion of the Authority
forms a part of the normal expansion of existing human habitation.
(4) The subdivision shall conform to the proposals of the CDP 2030.
Size of the plot 71. (1) No subdivided plot will be less than 50 Sqm. However the Authority
and road width.
reserves the right to relax in special cases such as EWS housing.
The size of the plot shall be according to the relevant subdivision of
plot size in the zones.
TABLE-13
1 Up to 250 9.0
2 Above 250 up to 500 12.0
3 Above 500 to 1000 15.0
· For EWS housing scheme, the minimum road width may be relaxed.
(2) Without any exception every area to be subdivided and developed for
residential purpose (i.e., residential layout) shall compulsorily have at
least one arterial road of width not less than 12.0 m. (40 ft.) and it shall
be so aligned as to connect the existing nearby widest road in a linear,
curvi - linear or perpendicular manner (in the order of feasibility) without
any kinks or sharp terms in its course and be left open ended so as to
facilitate further extension and connection to the roads in other layout.
76
Area for 72. Apart from the provision for amenities, open spaces, the area for residential
development. development shall be up to maximum of 60% of the total land area.
(I) TABLE-14
MINIMUM APPROACH ROAD WIDTH
Sl. Area for Development in Ha. Road width in Mtr.
No.
(1) (2) (3)
1 Up to 1.0 9
2 1.0 – 4.0 12
3 4.0 – 10.0 18
4 Above 10.0 30
(II) (For EWS/LIG housing scheme, the minimum road width may be relaxed
by the Authority).
(III) The minimum width of roads within the area of subdivision layout shall
be as per following table.
(IV) At least 10% of the gross land will be earmarked for EWS/LIG category.
The cost and method of allotment of such plots will be decided by the
Authority :
Provided that the developer has the option of developing the
EWS/LIG plots at the same site or within a distance of five (05) kilometers
from the main project.
Provided further that in case of projects taken over an area as
decided by the Authority, the Developer may be given the option of
contributing an amount to be decided by the Authority from time to time,
to a fund named as “Shelter Fund” to be maintained by the BDA in lieu
of providing the EWS/LIG plots. The proceeds of this fund will be
utilized by the Authority for construction of EWS/LIG houses and slum
rehabilitation and development.
Parks and open 73. Parks and open spaces shall not be less than 7.5% the total land area.
spaces. This shall be relinquished to the Authority and if required, the Authority may
handover area over for maintenance to the Residents’ Welfare Association
or Owner or Developer. If the site is not utilized which it is leased out within a
prescribed period, it will be resumed back to the Authority.
Civic amenities. 74. Civic amenities space shall not be less than 5% of the total area. The site
shall be relinquished to Authority and leased to the Residents’ Welfare
Association or the Developer on payment of necessary nominal fees as
prescribed by the Authority from time to time. If the site is not utilized for which
it is leased out within a prescribed period, it will be resumed back to the
Authority.
Stage of 75. (1) If the subdivision plan (layout) is in conformity to the Act, Rules,
approval. development plan, zoning regulation and these regulations, the Town
and Regional Planning Members or such other officer after site inspection
and verification and with the approval of the Vice-Chairman, intimate the
owner/applicant in Form-XII (Part-I) (Without putting seal and signature
on the body of the plans) that the grid pattern of the layout is satisfactory
and direct him to construct roads, drains, culverts and provide public
amenities as per the specifications prescribed and gift free of cost the
77
lands covered by the roads to the concerned urban local body and the
lands covered by the open space earmarked for public amenities and
educational purpose to the Authority:
Provided that where no such local body exists or where it refuse to
accept the gift of lands covered by roads, the owner shall gift free of cost
such lands covered by roads to the Authority.
NOTE—The above intimation does not in any way authorize sale,
purchase, disposal or acquisition, etc., of any of the layout plots
or any part of the layout and any such transaction shall be treated
as illegal.
(2) After receipt of compliance from the owner to the directions issued the
Town and Regional Planning Member or such other officer shall inspect
the site again to ascertain the quality, nature, type and extent of the work
done in respect of construction of roads, drains, culverts, etc., and furnish
a detail certificate. If any deficiencies are noticed, the owner shall be
directed to rectify the same within a period of one month and furnish
compliance after which the site shall be inspected once again.
(3) After receipt of the original registered gift deeds along with attested copies
of all interim documents in respect of the lands covered by the roads
and open spaces earmarked for public amenities and educational
purposes, the Town and Regional Planning Member or such other officer
shall scrutinize the same whether they are in order and whether they
have been gifted by the actual owner, etc., and if any defects are found,
the owner shall be directed to rectify the defects within a period of one
month and submit the rectified/corrected registered gift deeds and
thereafter physical possession of the lands be taken over.
(4) After receipt of the original registered gift deeds in respect of lands covered
by roads and open spaces, the Town and Regional Planning Member or
such other officer shall take physical possession of lands after proper
measurement and get their details entered in the property/land register
and authenticate entries and immediately file and application to the
concerned Tahasildar for mutating the said lands in favour of the Authority.
(5) After submission of the original registered gift deeds along with attested
copies of interim documents by the owner and after the work completed
by him have been found to be as per the specifications, permission
specifying the building line along with such conditions shall be accorded
by the Town and Regional Planning Member or such other officer with
the approval of Vice-Chairman and every such permission shall be in
Form XII ( PART-II). The subdivision plans approved shall bear the
approval seal of the Authority with reference number, date, period of validity
and shall also bear the signature with date of the Town and Regional
Planning Member or such other officer.
(6) If no compliance has been received form the owner or if the quality, nature,
extent and type of the work undertaken by him is found to be defective
even after directing him to rectify the defects, permission shall be refused
in Form IX clearly specifying the reasons therefor.
(7) Every approval letter and approved plans shall either be handed over to
the applicant in person or to his duly authorized agent or be sent under
certificate of posting at the address furnished by the applicant.
78
Exemptions. 76. (1) In case of developable area for residential development is less than 60%
by providing for Master Plan roads or any other road or due to statutory
reasons prescribed by the Authority in a layout, the applicant may be
exempted from complying with civic amenities reservation.
(2) For layout over 10.0 hec. commercial land uses such as business offices,
shopping complexes and retail up to 2-3% may be permitted, subject to
provision of separate access.
PART- IX
REQUIREMENTS FOR DEVELOPMENT ACTIVITIES WITHIN COASTAL
REGULATION ZONE
Requirement for 77. (1) The provisions of notification of Ministry of Environment & Forest,
CRZ. Government of India dated 19-2-1991 and its amendments and
replacement from time to time under section 3(1) and section 3 (2) (v)
of the Environment (Protection) Act, 1986 & Rule 5 (3)(d) of the
Environment (Protection) Rules, 1986 declaring coastal stretches as
Coastal Regulation Zone (CRZ) and regulating activities in Coastal
Regulation Zone shall apply to all developments while regulating
development in this zone, which is annexed to these regulation at
Annexure-VI.
79
PART-X
COMPOUNDING
Restriction on 78. (1) Any deviation pertaining to unauthorized development shall not be
compounding.
compounded—
A. Where construction has been undertaken on Government land or
land belonging to local body or land not owned by the person
undertaking such development;
B. Where FAR or height has been exceeded or front setback has been
reduced from the prescribed norms under these regulations;
C. Where development has been undertaken unauthorizedly within
the prohibited limits of any ancient or archaeological monuments;
D. Where such developments interfere with the natural drainage of
the locality;
E. Where development has been undertaken unauthorisedly over the
area earmarked/approved for parking; and
F. Where road or drain whether public or private, whether constructed
or natural, has been encroached.
(2) Subject to the provisions contained in sub-Regulation (1), the Authority
shall have the power to determine further such circumstances under
which compounding may be prohibited.
(3) The Authority may, either before or after the institution of the proceedings
under the provisions of the Act compound any offence—
A. Where development has been undertaken without permission but
within the framework of use restrictions and the provisions of these
Regulations applicable to the concerned plot;
B. The Authority may however compound deviations up to
20% (twenty per cent) beyond the permissible norms of these
Regulations in respect of front, rear and side setbacks only.
The maximum deviation allowed in FAR will be ten per cent on the
permissible FAR, provided the total FAR does not exceed
3.00 excluding the additional FAR allowed for construction of
EWS/LIG units;
C. Change of use in computable use zone may be considered for
compounding @ double the amount of Table-16;
D. The offence can only be compounded subject to provision of parking
as per the requirement for various uses.
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Power of the 80. (1) Notwithstanding contained in this Regulation, the Government may
Government to however relax any of the provisions of these regulation with an objective
exempt.
to deal with the constructions undertaken prior to enforcement of these
Regulation and not in conformity with the provisions of these regulations.
(2) For the purpose of making any such relaxation under Clause-1 above
the Government may formulate a scheme specifying a maximum
time period and publish the same in the Gazette.
Compounding 81. (1) The compounding amount shall be such as may be decided by the
amount. Authority with approval of the Government from time to time.
(2) At least 50% of the compounding amount shall be utilized for slum
rehabilitation and development of public utility services and protection of
heritage sites and structures.
Change of land 82. Fee for change of land use allowed as per Section-14 or 18 of the Act for
use. permission to take up any development by modifying the provisions of the
development plan shall be realized from the applicant at the following rates
before granting such permission—
(i) Subdivision of land for residential purpose @ Rs. 5.00
(Rupees five) only per square meter of the total layout area;
(ii) Land f or industrial or commercial purpose @ Rs.10.00
(Rupees ten) only per square meter of layout area.
Temporary 83. The Authority may allow retention for a maximum period of three years of any
retention. unauthorized temporary structure for temporary period on deposit of retention
fee. The type of structure to be retained, the period of retention and the fees to
be deposited shall be decided by the Authority from time to time.
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PART-XI
SAVINGS/REPEALS AND INTERPRETATION
Repeal and 84. (1) The Brahmapur Development Authority (Planning and Building Standards)
Savings. Regulations, 1998 are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under
the regulations so repealed shall be deemed to have been done or
taken under these regulations.
Interim 85. (1) The Authority may prepare Interim Development Plans (IDP) for newly
Development included development areas including stitiban/rayoti land within a
Plans.
reasonable time frame so that development may not be held up in the
name of pendency of Interim Development Plan. Where such IDP has
not been prepared, the general provisions of this Regulation shall apply
without any zonal restrictions.
(2) The Authority shall ensure that resources for land acquisition and cost of
land are mobilized or are likely to be mobilized within the time frame
projected for implementation of such Interim Development Plans.
Applicability of 86. Where no express provision has been made in respect of any matter connected
National Building with planning and building standards by the Act, the Rules, the Development
Code.
Plan, the Town Planning Schemes, or these Regulations or by any resolution
of the Authority, the provisions of the National Building Code of India, 2005
shall mutatis mutandis be applicable.
Schedules and 87. (1) As regards qualification, experience and competence of technical
annexures. personnel and builders the references of which are given in Annexure-I
may be followed.
(2) The extract of ODA Act, 1982, ODA Rules, 1983 and relevant
provisions of National Building Code which are provided in
Annexure-II & IV may be referred to.
(3) The application for permission under sub-section (1) of Section 16,
order granting permission under sub-section (3) of Section 16,
drawing attention of the Vice-Chairman under sub-section (7) of
Section 16, maintenance of registers under sub-section (4) of
Section 12 and 16 of the Act, notice for commencement of work,
completion certificate, certificate for execution of work, certificate for
structural stability, periodical progress report of the Act, occupancy
certificate indemnity bond for basement, intimation regarding approval
of residential building plan are provided in Form I to XII of these regulations.
Decision of the 88. In case of any dispute in interpretation of these regulations, the decision of the
Government to State Government shall be final.
be final.
Relaxation by the 89. The Authority may recommend to the Government for relaxation/modification
Government. of any of the clauses of these Regulations in the general interest of the public
pertaining to projects/schemes developed by the Government agencies and
the decision of the Government in this regard shall be final.
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PART-XII
REGULATIONS FOR INDUSTRY AND SEZs
The average number of workers employed in the medium industrial units were 50
whereas the average number of workers employed in the light/service and household industrial
units were 5.
The past practice of locating industrial areas and industrial units in the periphery of the town
based on prevailing wind direction alone has had its limitations and attendant problems. Issues
pertaining to both discharge of liquid and solid waste were seldom addressed which has given rise
to environmental and other concerns. Air and noise pollution, provisions for ancillary facilities in
terms of transport and infrastructure, etc., also need to be comprehensively addressed. Overall
negative impact, existence and growth of industrial units in non-conforming and residential areas
and permissibility of household industries is yet another issue. With this in view the following broad
parameters are proposed in terms of Regulations for Industry and SEZs:—
1. Promote Hi-tech and ‘Value Addition Units’ which are not labour intensive;
2. Encourage Modernization and upgradation of existing industrial units;
3. Prescribe environmental norms for existing non-conforming industrial units especially
of the household type;
4. Promote incentives and disincentives for relocating such units;
5. Address permissibility aspects subject to adherence to environmental, fire safety and
other norms.
90. Classification
All industries may be classified under prohibited and allowed categories subject to permissibility
in various land use Zones. In addition, standards prescribed by the Odisha Pollution Control Board,
conditions regarding maximum number of workers and sanctioned power load are required to be
met. Industries listed under the prohibited category shall not be allowed to be set up in the urbanisible
limits delineated in the CDP for Brahmapur 2031 and existing industrial units of the prohibited
category are required to be relocated within a period of 3 years of the Notification of the CDP for
Brahmapur 2031.
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91. Permissibility of Industrial Units in different Use Zones and Use Premises
For classification purposes, the limits of various parameters shall be fixed according to the
nature of industry and location. The limiting parameters for industrial units shall be as follows :—
Table-16
Limiting Parameters for Industrial Units in different use zones and use premises
Table-17
Industry Plots
Table-18
Floor Area Ratio (FAR) as per road width
Table-19
The Industrial Estates will have approach road as per the following :—
Table-20
Flatted Factories
Table-21
Floor Area Ratio (FAR) for Flatted/Factories as per road width
Table-22
SEZs
Plotwise permissible FAR, setbacks and height of buildings
- All new Industrial Estates shall have approach road from a road which has minimum
r/w of 30 M.
- Plots measuring 100 Sq. M. and less shall be located on roads with minimum r/w
of 9 M.
- Water bodies are required to be included in the landscape plan.
- Provision of rain water harvesting measures as integral part of the landscape plan shall
be incorporated.
- Parking areas and loading/unloading areas shall have minimum 50 per cent
semi-permeable surface.
- Grease taps shall be provided near automobile washing areas
- Major infrastructure like CNG, LPG, Oil, Optical fiber, electricity shall be made available
through underground conduits.
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- Optimal utilization of industrial areas shall be made by way of developing flatted factories.
- All industrial areas and units shall have efficient provisions for segregation of solid waste
before disposal. No untreated effluent shall be discharged in water bodies/open areas.
- Provision of CETPs, Solid waste segregation/treatment plans shall be made for a cluster
of industrial units.
- Proper methods for managing disasters/emergency situation shall be put in place.
- Industries may be grouped on the basis of common requirements of effluent
treatment etc.
- Selection of Plant material shall be made keeping in view local climatic conditions.
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ANNEXURE-A
CLASSIFICATION OF INDUSTRIES
GROUP-A
HOUSEHOLD INDUSTRIES
GROUP A–I
HOUSEHOLD INDUSTRIES PERMISSIBLE IN VILLAGES (ABADI)
1. Black smithy
2. Cane and bamboo products
3. Clay and modeling with/without Plaster of Paris
4. Dari/Carpet/Sari weaving (except dying and bleaching)
5. Ice cream and water-cooling by refrigeration (without cold storage)
6. Stone engraving
7. Village pottery Industry (without bhatti)
8. Village oil ghani
9. Wood carving and decorative wood wares
None of the industries mentioned in Group A and A-1 shall carry out the following processes :—
(i) Anodizing
(ii) Bleaching
(iii) Burning of coal
(iv) Canning facility
(v) Dyeing
(vi) Electroplating
(vii) Moulding works
(viii) Use of CFC gases
(ix) Varnishing
(x) Washing
NOTES—(i) Storing of chemicals listed under schedule I and/ or II of the Manufacture, Storage and
import of Hazardous Chemical Rules, 1989 and Public Liability Insurance Act, 1990
shall be prohibited
(ii) No effluent/emissions shall be allowed to be generated by the units and these
shall adhere to the noise standards as stipulated by Ministry of Environment and Forests,
Government of India.
ANNEXURE B
GROUP-B
INDUSTRIES PERMISSIBLE IN COMMERCIAL CENTRES
1. Air-Conditioner parts
2. Aluminum doors/windows/fittings/furniture
3. Assembly and repair of Cycles
4. Auto parts
5. Belt and Buckles
6. Bulbs (battery)
7. Cloth Dyeing
8. Cotton ginning
9. Cycle Chain/Locks
10. Diamond Cutting and Polishing work
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ANNEXURE C
PROHIBITED/NEGATIVE LIST OF INDUSTRIES
Industries manufacturing the following shall be prohibited within National Capital Territory of
Delhi :–
1. Arc/induction furnace
2. Acids
3. Alkalis
4. Animal & fish oils
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5. Aldehydes
6. Acid slurry
7. Acetylides, phridines, iodoform, chloroform, E-nepthol, etc.
8. Ammonium sulphoajanide, arsenic and its compounds, barium carbonate, barium
cyanide, barium ethyle sulphate, barium acetate cinnabar, copper sulphoicyanide,
ferrocyanide, hydro cyanide, hydro cyanic acid, potassium biocalate, potassium cyanide,
prussiate of potash, phynigallc acid, silver cyanide.
9. Aircraft building
10. Abattoirs, animal blood processing (except existing and relocation)
11. Bitumen blowing (hot)
12. Brick kiln (using fresh earth as raw material, coal as fuel).
13. B—nepthol
14. Bakelite powder (starting from formaldehyde)
15. Barely malt and extract
16. Bone-grist, bone-meal, salting of bones, storages of bones in open, bone drying
17. Bone charcoal manufacturing
18. Blast furnaces–coal fired
19. Bicycles (integrated plant)
20. Brewery and potable spirits
21. Chlorinated paraffin wax purification
22. Carbon black
23. Cement industry
24. Calcium carbide, phosphorous, aluminum dust paste and power,copper, zink etc.
(electro thermal industries).
25. Cranes, hoists and lifts (excluding assembly)
26. General industrial machinery (such as hydraulic equipments, drilling equipments,
boilers, etc.).
27. DOP (Dioctyl Phthalate), DBP & Plasticizer
28. Dry cell battery
29. Dye & dye intermediates
30. Distillation of wood, chemical seasoning of wood (excluding natural seasoning)
31. Explosives, i.e., Fireworks, Gunpowder, Guncotton etc.
32. Earth moving machinery/equipment (manufacturing of assembly)
33. Electric wires and cables (more than 100 workers, 2000 Sq. m. plot)
34. Fatty acids
35. Fungicides & pesticides
36. Flexographic ink
37. Fuel oils, illuminating oils and other oils such as stchetic oil, shoal oil, lubricants
38. Foundaries (except Pit Furnace)
39. Gas compressors
40. Graphite production
41. Glass furnace (more than 1 ton/day capacity)
42. Gases-carbon-disulphide, ultramarine blue, chlorine, hydrogen, sulphur dioxide,
acetylene, etc. (other than LPG/CNG/Oxygen/Medical gases).
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ANNEXURE 1
QUALIFICATION, EXPERIENCE & COMPETENCE
OF TECHNICAL PERSONNEL AND BUILDER
1. ARCHITECT
(A) Qualification & Experience
The minimum qualification for an Architect shall be Degree in Architecture/equivalent, registration
with the Council of Architecture and not be in arrears of subscription.
(B) Competence
The Architect shall be competent to carry out the work related to the building permit as given
below and shall be entitled to submit:
(i) All plans and information connected with the building permit except engineering services
of multistoried/special buildings given in 12.2.5.1 of NBC, 2005.
(ii) Certificate of supervision and completion of all buildings pertaining to architectural
aspects.
(iii) Preparation of sub-division/layout plans and related information connected with
development permit of area up to 2 hectare.
(iv) Certificate of supervision for development of land of area up to 2 hectare.
(C) Duties & Responsibilities
(i) She/He shall be responsible for making adequate arrangements to ensure not only that
the work is executed as per the approved plans but also in conformity with the stipulations
of the National Building Code, 2005 and the BIS standards for safe and sound
construction non-hazardous, functioning of the services incorporated in the building
and for making adequate provisions for services and equipment for protection from the
fire hazards as per the stipulations of the National Building Code, 2005 in the buildings
and shall obtain N.O.C. from the Chief Fire Officer or concerned Authority/ before applying
for occupation certificate.
(ii) He/She shall, on behalf of the owner, apply for the progress certificates, completion
certificates and the occupancy certificates and obtain the same as required under the
regulations.
2. ENGINEER
(A) Qualification and Experience
The minimum qualification for an Engineer shall be Degree in Civil Engineering/equivalent,
registration with the Institution of Engineers, India and not be in arrears of subscription.
(B) Competence
The Licensed Engineers shall be competent to carry out the work related to the building permit
as given below and shall be entitled to submit:
(i) All plans and information connected with building permit
(ii) Structural details and calculations of buildings on plot up to 500 square meters and up
to five storeys excluding basement/stilt or below 15 meter in height.
(iii) Certificate of supervision and completion for all buildings
(iv) Preparation of all service plans and related information
(v) Issuing certificate of supervision for development of land for all area
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3. STRUCTURAL ENGINEER
(A) Qualification & Experience
The minimum qualifications for a structural engineer shall be degree in Civil Engineering/
equivalent, registration with the Institution of Engineers, India and not be in arrears of subscription
with minimum 2 years experience in structural engineering practice.
NOTE–The 2 years experience shall be relaxed to one year in the case of Post Graduate degree in
Structural Engineering/ higher qualification.
(B) Competence
The licensed structural Engineers shall be competent to submit the structural details and
calculations for all buildings and undertake supervision.
In case of buildings having special structural features, as decided by the Authority, which are
within the horizontal areas and vertical limits specified in Chapter A-2.1.1(b), A-2.2.1(b) and
A-2.4.1(a) of NBC, 2005 they shall be designed only by structural engineers.
(C) Duties and Responsibilities
(i) To prepare a report of the structural design
(ii) To prepare detailed structural design and to prescribe the method and technique of its
execution strictly on the basis of the National Building Code or relevant BIS specifications.
(iii) To prepare detailed structural drawings and specifications for execution indicating
thereon, design live loads, safe soil bearing capacity, specifications of material,
assumptions made in design, special precautions to be taken by contractor to suit the
design assumptions etc. whatever applicable.
(iv) To supply copies of structural drawings to the site supervisor
(v) To inspect the works at all important stages and certify that the work being executed is
up to the satisfaction of the Architect.
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(vi) To certify the structural safety and overall structural soundness of the building to the
Architect.
(vii) To advise the Owner/Architect/Engineer for arranging for tests and their reports for soil,
building material etc. for his evaluation and design consideration.
(viii) To prepare the revised calculations & drawings in case of any revision with reference to
the earlier submission of drawing and design in a particular case.
(ix) To submit the certificate of structural safety and over all structural soundness of building
to Authority.
(x) In case of multistoried buildings and buildings of a special nature as identified by the
Authority from time to time, the Structural Calculations/ Drawings shall be got vetted by
Indian Institute of Technology/National Institute of Technology / Reputed Government
Engineering College.
(D) Registration
(i) The registration fees, if any shall be payable as prescribed by the Authority from time to
time.
(ii) If he/she is found negligent in his/her duties and responsibilities. The Authority may
blacklist a Structural Engineer in case of serious defaults or repeated defaults and shall
inform the Institution of Engineers, India to take suitable action against such person.
The registration shall be liable to be revoked temporarily or permanently by the Authority
in such cases of negligence and default.
4.TOWN PLANNER
(A) Qualification & Experience
The minimum qualification for a town planner shall be recognized Post Graduate Degree/
Diploma in Town Planning/Undergraduate Degree in Town Planning and registered membership of
ITPI and not be in arrears of subscription.
(B) Competence
The licensed town planner shall be entitled to submit:
(i) All plans and related information connected with development of land of all areas including
integrated township.
(Ii) Certificate of supervision for development of land of all areas.
(C) Duties and Responsibilities
He/She shall be responsible for making adequate arrangements to ensure not only that the
work is executed as per the approved plans but also is conformity with the stipulations of the
National Building Code, 2005 and the BIS standards for safe and sound construction non-hazardous,
functioning of the services incorporated in the building and for making adequate provisions for
services and equipment for protection from the fire hazards as per the stipulations of the National
Building Code of India, 2005.
(D) Registration
(i) The registration fee, if any shall be payable as prescribed by the Authority from time to
time.
(ii) The Authority may blacklist a Town Planner in case of serious defaults or repeated
defaults and shall inform the Institute of Town Planners, India. The registration shall be
liable to be revoked temporarily or permanently by the Authority in such case of
negligence or default.
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5. SUPERVISOR
(A) Qualification and Experience
The minimum qualifications for a supervisor shall be recognized Diploma in Civil Engineering
or Architectural Assistantship, plus 5 years experience in building design, construction and
supervision.
(B) Competence
The licensed supervisor shall be entitled to submit:
(i) All plans and related information connected with building permit for residential buildings
on plot up to 100 Sq. m. and up to two storeys.
(ii) Certificate of supervision for buildings as per (i).
(C) Duties and Responsibilities
(i) To adhere strictly to the architectural and structural drawings/ specifications and written
instructions of the structural Engineer and Architect/ Engineer.
(ii) To follow the provisions of NBC, 2005 or BIS specifications as regards materials,
components, quality control and the process of construction.
(iii) To bring to the notice of the structural Engineer and Architect/Engineer/any situation or
circumstances which in his opinion are liable to endanger the safety of structure.
(iv) To deposit with the Authority one set of working drawings of the works executed along
with the progress certificates before proceeding to the next stage of the work.
(v) He shall be in charge of site and responsible for supervision of the work
(vi) He shall ensure that all the works under his charge are carried out in conformity with the
approved drawings and as per the details and specifications supplied by the Architect/
Engineer.
(vii) He shall take adequate measures to ensure that no damage is caused to the work
under construction and the adjoining properties.
(viii) He shall also ensure that no undue inconvenience is caused in the course of his work in
the people in neighbourhood.
(D) Registration
(i) The registration fees, if any shall be payable as prescribed by the Authority from time
to time.
(ii) If he/she is found negligent in his/her duties and responsibilities. The Authority may
blacklist supervisor in case of serious defaults or repeated defaults. The registration
shall be liable to be revoked temporarily or permanently by the Authority in such cases
of negligence and default
6. GROUP AGENCY
When any Group or Agency comprising of qualified Architect/Engineer/Town Planner is
practicing, then the qualifications and experience, competence, duties and responsibilities and
registration will be the combination of individual qualification and experience, competence, duties
& responsibilities and registration as provided in Schedule 1 to 5.
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7. BUILDER
(A) Qualification and experience
(a) The person/ firm engaged in construction activities/ building activities in an urban area
having proven merit and experience may be considered for registration as a builder.
He/She should have at least five years experience in the line.
(b) A person or group of persons having a qualification of Civil Engineering, Architecture
and Town Planning may be registered as builder.
(c) The Authority may classify the builders into three classes namely, Class-A, Class-B
and Class-C considering their experience, expertise and annual turnover.
(B) Duties and Responsibilities of Builders
(1) He/She shall appoint a qualified Architect/Engineer/Town Planner to prepare plans,
designs, drawings and specifications for execution of the works in accordance with the
requirements of these regulations.
(2) He shall not cause or allow any deviations from the approved drawings in the course of
the execution of the project and shall bear responsibility for any irregularity committed in
the use and function of the building or its parts for which the approval has been obtained.
(3) He shall not commence the use of building or shall not give the possession to occupy
the building to any one before obtaining the occupancy certificate from the Authority.
(4) He shall provide adequate safety measures for structural stability and protection against
fire hazards likely from installation of services like electrical installation, plumbing,
drainage, sanitation, water supply, etc., wherever required under the regulations.
(5) He shall explain the construction/design and its intended use as per approved plan,
to the prospective purchaser of the premises under construction.
(C) REGISTRATION
(i) The builders shall have to be registered with the Authority on payment of such fees as
decided by the Authority from time to time.
(ii) The Authority may debar or black list the builder as referred to in the Regulations.
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ANNEXURE II
EXTRACT FROM ODA ACT. 1982
Definitions:
(i) “Agriculture” includes horticulture, poultry farming, the raising of crops, fruits, vegetables,
flowers, grass or trees of any kind breeding of live-stock including cattle, horses, donkeys,
mules, pigs, breeding of fish and keeping of bees and the use of land or grazing cattle or
for and purpose which is ancillary to the farming of land or for any other agricultural
purpose, but does not include the use of land as a garden which is an appendage to a
building and the expression “agriculture” shall be construed accordingly;
(ii) “Amenity” includes roads, water and electric supply, open spaces, parks,
recreational grounds, cultural centres, natural features, playground, street lighting,
drainage, sewerage, city beautification and such other utilities, services and conveniences
as the State Government may determine to be an amenity, from time to time, for the
purpose of this Act;
(iii) “Area of bad lay-out or obsolete development” means an area consisting of land which
is badly laid out or of obsolete development not conforming to the planning or the building
regulations framed under this Act together with land contiguous or adjacent thereto and
defined as such in the development plan;
(iv) “Authority” means a Development Authority constituted under sub-section (3) of
Section 3 for a development area under this Act;
(v) “Building” includes any structure or erection or part of a structure or erection which is
intended to be used for residential, commercial, industrial, or other purposes, whether
in actual use or not;
(vi) “Building Operations” includes re-building operations, structural alterations of or additions
to buildings and other operations normally undertaken in connection with the construction
of buildings;
(vii) “Chairman” means the Chairman of the Authority;
(viii) “Commerce” means the carrying on of any trade, business or profession, sale of
exchange of goods of any type whatsoever and includes the running of with a view to
making profit, hospitals, nursing homes, infirmaries or educational institutions and also
includes the running of sarais, hotels, restaurants and of boarding houses not attached
to any educational institution and the word “commerce” shall be construed accordingly;
(ix) “Commercial use” includes the use of any land or building or any part thereof for purpose
of commerce or for storage of goods, or as an office, whether attached to any industry
or otherwise;
(x) “Development” with its grammatical variations means the carrying out or building,
engineering, mining or other operations in, on, over or under land or the making of any
material change, in any building or land or in the use of any building or land and includes
re-developments and re-constructions and lay-out and sub-division of any land and “to
develop” shall be construed accordingly;
(xi) “Development Area” means the area or group of areas declared as development area
under sub-section(1) of Section 3;
(xii) “Director” means the person appointed as Director of Town Planning, Odisha under
sub-section (1) of Section 3 of Odisha Town Planning and Improvement Trust Act,
Odisha Act 10 of 1957;
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(xiii) “Engineering Operation” includes the formation or laying out of a street or means of
access to a road or the laying out of means of water-supply, drainage, electricity,
gas or of other public utility service;
(xiv) “Existing Land-use” means the predominant purpose for which any land or building
was being used on a specified date;
(xv) “Final Plot” means a plot reconstituted from an original plot and allotted in a town
planning scheme as a final plot;
(xvi) “Highway” has the same meaning as in Section 4 of the National Highways Act, 1956
(Act 48 of 1956);
(xvii) “Industry” includes the carrying on of any manufacturing process as defined in the
Factories Act,1948(Act 63 of 1948) and the word “industrial” shall be construed
accordingly;
(xviii) “Industrial Use” means the use of any land or building or part thereof for purpose of
industry;
(xix) “Land” includes benefit to arise out of land and things attached to the earth or
permanently fastened to anything attached to the earth;
(xx) “Local Newspaper” means any newspaper printed and published within the State of
Odisha;
(xxi) “Means of access” includes any means of passage whether private or public for
vehicles or for pedestrians and includes any street;
(xxii) “National Highway” means any highway declared to be a national highway under
Section 2 of the National Highways Act, 1956 (Act 48 of 1956);
(xxiii) “Notification” means a notification published in the Gazettee;
(xxiv) “Occupier” includes-
(a) a tenant,
(b) an owner in occupation of, or otherwise using his land,
(c) a rent-free tenant of any land,
(d) a licensee in occupation of any land, and
(e) any person who is liable to the owner for consideration including damages for the
use and occupation of the land;
(xxv) “Operational Construction” means any construction whether temporary or permanent,
which is necessary for the operation, maintenance development or execution of any of
the following services namely;
(a) railways,
(b) national highways,
(c) national waterways,
(d) airways and aerodromes,
(e) posts and telegraphs, telephones, broadcasting and other like forms of
communications,
(f) regional grid for electricity,
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(g) any other service which the State Government may, if it is of opinion that the
operation, maintenance, development or execution of such service is essential to
the life of the community, by notification declare to be a service for the purpose of
this clause;
Explanation—For the removal of doubts, it is hereby declared that the
construction of :—
(i) new residential buildings(other than gate, lodges, quarters, for limited essential
operational staff and the like), roads and drains in railway colonies, hotels,
clubs, institutes and schools, in the case of railways, and
(ii) a new building, new structure or new installation, or any extension thereof, in
the case of any other service, shall not be deemed to be operational
construction within the meaning of this clause;
(xxvi) “Owner” includes a mortgagee in possession, a person who for the time being, is receiving
or is entitled to receive or has received, the rent or premium or any other consideration
for any land whether on his own account or on account of, or on behalf of or for the
benefit of any other person or who would so receive the rent or premium or any other
consideration or be entitled to receive the rent or premium or any other consideration if
the land were let out to a tenant and includes the Head of a Government Department,
General Manager of a Railway, the Secretary or other Principal Officer of a vocal authority,
statutory authority or company in respect of properties under their respective controls;
(xxvii) “Private Street” means any street, road, square, court, alley, passage or riding path,
which is not a public street but does not include a pathway made by the owner or
premises on his own land to secure access to or for the convenient use of such premises;
(xxviii) “Public Building” means any building to which the public or any class or section of the
public are granted access or any building, which is open to the public or any class or
section of the public and includes any building
(a) Used as a—
(i) school or college or a University or other educational institutions;
(ii) hostel,
(iii) library,
(vi) hospital, nursing home, dispensary, clinic, maternity centre or any other like
institution,
(v) club,
(vi) lodging house,
(vii) court,
(viii) coffee house, boarding house, hotel or eating house,
(b) Ordinarily used by the –
(i) Central or any State Government or any local authority or anybody, corporate,
owned or controlled by the Central or any State Government; or
(ii) Public or any class or section of the public for religious worship or for religious
congregation;
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(xxix) “Public Open Space” means any land, whether enclosed or not, belonging to the Central
or any State Government or any local authority or anybody corporate owned or controlled
by the Central or any State Government on which there is no building or of which not
more than one twentieth part is covered with buildings and the whole or remainder of
which is used for purpose of recreation or as open space;
(xxx) “Public Place” means any place or building which is open to the use and enjoyment of
public whether it is actually used or enjoyed by the public or not, and whether the entry
is regulated by any entry fee or not;
(xxxi) “Public Street” means any street, road, square, court, alley, passage or riding path over
which the public have a right to way, whether a thoroughfare or not, and includes :—
(a) the roadway over any public bridge or causeway,
(b) the footway attached to any such street, public bridge or causeway, and
(c ) the drains attached to any such street , public bridge or causeway and the land,
whether covered or not by any pavement, verandah or other structure, which lies on
either side of the roadway up to the boundaries of the adjacent property whether that
property is private property or property belonging to the Central or any State Government;
(xxxii) “Railway” means a railway defined in the Indian Railway Act,1890 (Act 9 of 1890);
(xxxiii) “Reconstituted Plot” means a plot which is in any way altered by the making of a town
planning scheme;
Explanation—For the purposes of this clause” altered” includes the alteration of ownership of plot.
(xxxiv) “Regulation” means a regulation made under Section 124 and includes zoning and
other regulations made as a part of a development plan;
(xxxv) “Residence” includes the use for human habitation of any land or building or part thereof
including gardens, grounds, garage, stables and out-houses, if any, appurtenant to
such building and “residential’ shall be construed accordingly;
(xxxvi) “Rule” means a rule made under this Act by the State Government;
(xxxvii) “Slum Area” means any predominantly residential area, where the dwellings which, by
reasons of dilapidation, overcrowding, faulty arrangements or design, lack of ventilation,
light or sanitary facilities or any combination of these factors, are detrimental to safety
and health of the inhabitants or others and which is defined by development plan as a
slum area;
(xxxviii) “To correct” in relation to any building includes—
(a) any material alteration or enlargement of any building,
(b) the conversion by structural alteration of place for human habitation of any building
not originally constructed for human habitation,
(c) the conversion into more than one place for human habitation of a building originally
constructed as one such place,
(d) the conversion of two or more places of human habitation into a greater number of
such places,
(e) such alterations of a building as affects an alteration of its drainage or sanitary
arrangement or materially affects its security,
(f) the addition or any rooms, buildings, houses or other structures to any building,
and
(g) the construction in a wall adjoining any street or land not belonging to the owner of
the wall, or a door opening on to such street or land;
106
ANNEXURE-III
EXTRACT FROM ODA RULES 1983
(1) Definitions :
(i) “Act” means the Odisha Development Authorities Act, 1982,
(ii) “Architect Member” means Urban Designer or Architect-member appointed under
clause (f) of sub-section (5) of Section 3;
(iii) “Board” means the Board of Enquiry appointed under Rule 13;
(iv) “Engineer Member” means the Engineer Member appointed under clause (C) of
sub-section (5) of Section 3;
(v) “Finance Member” means the Finance and Accounts member appointed under clause
(d) of sub-section (5) of Section 3;
(vi) “Form” means a Form appended to these rules;
(vii) “Gazette” means the Official Gazette of the State of Odisha;
(viii) “Member” means a member of the Authority;
(ix) “Planning Member” means the Town and Regional Planning Member appointed under
clause (e) of sub-section (5) of Section 3;
(x) “Registered Contractor” means a contractor registered under Rule 67;
(xi) “Section” means a section of the Act;
(2) Words and expressions used, but not defined in these rules shall have the same meaning
as respectively assigned to them in the Act.
107
ANNEXURE-IV
ANNEXURE-V
1 Residential
(a) In living units 135
(b) Hotels with lodging accommodation (per bed) 180
2 Educational
(a) Day schools 45
(b) Boarding Schools 135
3 Institutional (Medical Hospitals)
(a) No. of beds not exceeding 100 340
(b) No. of beds exceeding 100 450
(c) Medical quarters and hostels 135
4 Assembly-Cinema theatres, auditoria, etc. 15
(per seat accommodation).
5 Government or semi public business 45
6 Mercantile (Commercial)
(a) Restaurants (per seat) 70
(b) Other business building 45
7 Industrial
(a) Factories where bath-rooms are to be provided 45
(b) Factories where bath-rooms are not to be provided 30
8 Storage ( including Warehouses ) 30
9 Hazardous 30
10 Intermediate Rail Stations (excluding mail and express stops). 45 (25)*
11 Junction Station 70 (45)*
12 Terminal Stations 45
13 International and Domestic Airports 70
* The values in parenthesis are for such stations, where bathing facilities are not provided.
NOTE—The number of persons for Sl. No. 10 to 13 shall be determined by the average number of
passenger handled by the station daily with due consideration given to the use the facilities.
111
TABLE-2
FLUSHING STORAGE CAPACITIES
TABLE-3
DOMESTIC STORAGE CAPACITIES
NOTE— 1. If the premises are situated at a place higher than the road level in front of the
premises, storage at ground level shall be provided on the same lines as on other
floors.
2. The above storage may be permitted to be installed provided that the total domestic
storage calculated on the above basis is not less than the storage calculated on the
number of down take fittings according to scale given below:
TABLE-5
SANITARY REQUIREMENTS FOR HOTELS
Sl. Sanitary Unit For Residential For non residential Staff
No. staff For male For female
1. Water Closet (W.C.) One per 8 1 for 1-15 persons 1 for 1-12 persons
Persons omitting 2 for 16-35 persons 2 for 13-25persons
occupants of the 3 for 36-65 persons 3 for 26-40 persons
attached water 4 for 66-100 persons 4 for 41-57 persons
closet minimum of 5 for 58-77 persons
2 if both sexes are 6 for 78-100 persons
lodged
2. Ablution Taps One in each W.C One in each W.C One in each W.C.
3. Urinals Nil Nil upto 6 persons Nil
1for 7-20 persons
2 for 21-45 persons
3 for 40-70 persons
4 for 71-100 persons
4. Wash Basins One per 10 1 for 15 persons 1 for 1-12
persons omitting each 2 for 16-35 persons 2 for 13-25
basin installed in 3 for 36-65 persons 3 for 26-40
the room/suite 4 for 66-100 persons 4 for 41-57
5 for 58-77
6 for 78-100
5. Baths One per 10 Nil Nil
persons omitting
occupants of room
with bath in suite
6. Slop Sinks One per 30 Bed Nil Nil
rooms (one per
floor minimum)
7. Kitchen Sink One in each Kitchen One in each Kitchen One in each Kitchen
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TABLE-6
FOR PUBLIC REST ROOMS
Sl. Sanitary Unit For Male For Female
No.
1. Water Closet One per 100 persons up to 400 Two for 10 persons up to 200
persons; for over 400 add at the persons; over 200 add at the
rate of one per 250 persons or rate of one per 100 persons or
part thereof. part thereof.
2. Ablution Taps One in each W.C. One in each W.C.
3. Urinals One for 50 persons or part Nil, up to 6 persons
thereof. 1 for 7-20 persons
2 for 21-45 persons
3 for 46-70 persons
4 for 71-100 persons
4. Wash Basins One per W.C. and urinal One per W.C.
provided
5. Baths — —
6. Slop Sinks — —
7. Kitchen Sink One in each Kitchen One in each Kitchen
NOTE—(i) It may be assumed that the two-thirds of the number are males and one-third females.
(ii) One water tap with drainage arrangements shall be provided for every 50 persons or part thereof in
the vicinity of water closet and urinals.
TABLE-7
SANITATION REQUIREMENTS FOR EDUCATIONAL OCCUPANCY
Sl. Sanitary Unit Boarding Institution Other Educational Institution
No. For Boys For Girls For Boys For Girls
1. Water Closet (W.C.) One for One for every 6 One for 40 One for every
every 8 pupils or part pupils or part 25 pupils or
pupils or thereof thereof thereof
part thereof
2. Ablution Taps One in each One in each One in each One in each
W.C. W.C. W.C. W.C.
3. Urinals One per .. One per ..
every 25 every 20
pupils or pupils or part
part thereof thereof
4. Wash Basins One for One for every 6 One for 40 One for every
every 8 pupils or part pupils or part 40 pupils or part
pupils or thereof thereof thereof
part thereof
5. Baths One for One for every 6 One for 40 One for every
every 8 pupils or part pupils or part 25 pupils or part
pupils or thereof thereof thereof
part thereof
6. Drinking Water One for One for every One for One for every
Fountains every 50 50 pupils or part every 50 50 pupils or part
pupils or thereof pupils or part thereof
part thereof thereof
7. Cleaners Sink One per One per Floor One per One per Floor
Floor minimum Floor minimum
minimum minimum
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TABLE-8
SANITATION REQUIRMENTS FOR NURSERY SCHOOLS
Sl. Sanitary Unit Requirement
No.
TABLE-10
SANITATION REQUIREMENTS FOR ADMINISTRATIVE BUILDINGS
Sl. Sanitary Unit For Males For Females
No.
1. Water Closet (W.C.) One for every 25 One for every 15
persons or part persons or part
thereof. thereof.
2. Ablution Taps One in each W.C. One in each W.C.
3. Wash Basins One for every 25 One for every 25
persons or part persons or part
thereof. thereof.
4. Baths with Shower One on each floor One on each floor
5. Bed pan washing sink — —
6. Cleaner’s Sink One per floor minimum One per floor minimum
7. Kitchen sinks & dish One for each floor One for each floor
Washers (where
Kitchen is provided).
8. Urinals Nil upto 6 persons —
1 for 7–20 persons
2 for 21–45 persons
3 for 46–70 persons
4 for 71–100 persons
From 101 to 200
persons add at the
rate of 3%; for over
200 persons add at
the rate of 2.5%.
TABLE-11
SANITATION REQUIREMENTS FOR INSTITUTIONAL (MEDICAL) OCCUPANCY
(STAFF QUARTERS AND HOSTELS)
TABLE-12
SANITATION REQUIREMENTS FOR GOVERNMENT AND PUBLIC BUSINESS
OCCUPANCY AND OFFICES
Sl. Sanitary Unit For Male Personnel For Female Personnel
No.
1. Water Closet (W.C.) One for 25 persons or One for 15 persons or
part thereof. part thereof.
2. Ablution taps One in each W.C. One in each W.C.
3. Urinals — —
4. Wash Basins One for every One for 15 persons or
25 persons or part thereof. part thereof.
5. Drinking water One for every —
fountains 100 persons with a
minimum of one on
each floor.
6. Baths Preferably one on each Preferably one on each
floor. floor.
7. Cleaner’s Sinks One per floor —
minimum; preferably in
or adjacent to sanitary
rooms.
NOTE— One water tap with drainage arrangements shall be provided for every 50 persons
or part thereof in the vicinity of water closet and urinals.
TABLE-13
SANITATION REQUIREMENTS FOR RESIDENCES
TABLE-14
SANITATION REQUIREMENTS FOR ASSEMBLY OCCUPANCY BUILDINGS
(CINEMA, THEATERS, AUDITORIA. ETC.)
1 Water One for 100 persons Two per One for One for
Closet upto 400 persons. 100 persons upto 15 persons 1–12 persons.
For over 400 persons, 200 persons. Two for Two for
add at the rate of For over 16–35 persons. 13–25 persons.
1 per 250 persons 200 persons add at
or part thereof. the rate of 1 per
100 persons or
part thereof.
2 Ablution One in each W.C. One in each One in each One in each
Taps W.C. W.C. W.C.
4 Wash One for every One for every One for One for
Basins 200 persons or 200 persons or 1–15 persons. 1–12 persons.
part thereof. part thereof. Two for Two for
16–35 persons. 13–25 persons.
NOTE—(i) One water tap with draining arrangements shall be provided for every 50 persons or part thereof in
the vicinity of water closets and urinals.
(ii) It may be assumed that two thirds of the number are males and one third females.
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TABLE-15
SANITATION REQUIREMENTS FOR ASSEMBLY OCCUPANCY BUILDINGS
(ART, GALLERIES, LIBRARIES AND MUSEUMS)
TABLE-16
SANITATION REQUIREMENTS FOR RESTAURANT
Note—(i) It may be assumed that two-thirds of the numbers are males and one-third females.
(ii) One water tap with draining arrangements shall be provided for every 50 persons or part
thereof in the vicinity of water closets and urinal.
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TABLE-17
SANITATION REQUIREMENTS FOR FACTORIES
Sl. No. Sanitary Unit For Male Personnel For female Personnel
NOTE—(i) For many trades of a dirty or dangerous character, more extensive provisions are
required.
(ii) One water tap with draining arrangement shall be provided for every 50 persons or part
thereof in the vicinity of water closet and urinal.
(iii) Crèches where provided shall be fitted with water closets (One for 10 persons or part
thereof), wash basins (1 for 15 persons or part thereof) and drinking water tap with
drinking arrangement for every 50 persons or part thereof.
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TABLE-18
4. Internal Airports
For 200 persons 6 10 8
For 600 persons 12 20 16
For 1000 18 29 22
persons.
NOTE—1. Provision for wash basins, baths including shower stalls, shall be in accordance with
part IX Section 2-Drainage and Sanitation of National Building Code of India.
* At least one Indian style water closet shall be provided in each toilet. Assume 2/3 males
and 1/3 females in any area.
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(i) “Solar Assisted Water A device to heat water using solar energy as heat source.
Heating System
(ii) “Auxiliary back up” Electricity operated or fuel fired boilers/systems to heat
water coming out from solar water heating
system to meet continuous requirement of hot water.
(iii) “New Building” Such buildings of above said categories for which
construction plans have been submitted to the Authority for
clearance.
(iv) “Existing building” Such buildings, which are licensed to perform their
respective business.
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E. After completion of fire fighting installations as approved and duly tested and certified
by the licensed Fire Consultant/Architect, the Owner/Builder of the building shall
approach the Chief Fire Officer through the concerned Authority for obtaining
clearance from fire safety and means of escape point of view. The concerned
Authority shall ensure that clearance from Chief Fire Officer has been obtained for
the building identified before granting the completion certificate.
F. On receipt of the above request, the Chief Fire Officer shall issue the No Objection
Certificate from fire safety and means of escape point of view after satisfying himself
that the entire fire protection measures are implemented and functional as per
approved plans.
G. Any deficiencies observed during the course of inspection shall be communicated
to the Authority for rectification and a copy of the same shall be forwarded to the
concerned building owner/ builder.
(3) Renewal of Fire Clearance
On the basis of undertaking given by the Fire Consultant/Architect, the Chief Fire Officer
shall renew the fire clearance in respect of the following buildings on annual basis:
A. Public entertainment and assembly
B. Hospitals
C. Hotels
D. Under ground shopping complex
E. Such other occupancies as decided by the Authority.
(4) Fee
For augmentation of fire service facilities for effecting rescue/fire fighting operation in
high rise building, fee payable to Chief Fire Officer by the applicant (s) along with sets of
plans for obtaining the No Objection Certificate shall be as prescribed by the Puri Konark
Development Authority.
(5) Fire Consultant
The Architect of the project will be responsible for making provisions for fire protection
and fire fighting measure as provided and for that he may consult an expert in this field,
as in case of other professionals for structural, sanitary and others.
(6) Terminology
All the technical terms shall have the meaning as defined in National Building Code of
India, 2005, Part-IV, Fire Protection as amended from time to time but for the terms
which are defined otherwise in these Regulations.
(7) General
The Chief Fire Officer may insist on suitable provisions in the building from fire safety
and means of escape point of view depending on the occupancy, height or on account
of new developments creating special fire hazard, in addition to the provision of these
building Regulations and part IV (Fire Protection) of National Building Code of India,
2005.
(8) Means Of Access
The following provisions of means of access shall be applicable.
A. Provisions of Exterior Open Spaces around the Building
(i) The set backs of the respective building shall be as per Master Plan, detailed
Layout Plan, general Development Plan.
(ii) For multi-Storeyed buildings identified the provision of exterior open spaces
around the buildings shall be as given in Table.
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TABLE-19
PROVISION OF EXTERIOR OPEN SPACES AROUND THE BUILDINGS
Sl. No. Height of the Building Exterior open spaces to be left out
Upto (m.) on all sides in m. (front rear and
sides in each plot)
1 10 As per prescribed set backs
2 15 5
3 18 6
4 21 7
5 24 8
6 27 9
7 30 10
8 35 11
9 40 12
10 45 13
11 50 14
12 55 and above 16
NOTE— On sides where no habitable rooms face, a minimum space of 9.0 m. shall be left for
heights above 27.0 m.
(iii) In case of multi-storeyed buildings the exterior open space around a building
shall be of hard surface capable of taking load of fire engine weighting upto
45 tones.
(9) Exit Requirement
A. Type of Exits:
(i) Exits shall be either horizontal or vertical type. An exit may be doorway,
corridor and passage to an internal staircase or external staircase, ramp or a
verandah and/or terraces that have access to the street or to roof of a building.
An exit may also include horizontal exit leading to an adjoining building at the
same level.
(ii) Lifts escalators and revolving doors shall not be considered as exits.
B. Number of Size of Exits:
The requisite number and size of various exits shall be provided, based on the
occupants in each room and floor based on the occupant load, capacity of exits,
travel distance and height of buildings as per one above.
C. Arrangements of Exits:
(i) Exits shall be so located so that the travel distance on the floor shall not
exceed 22.50 m. for residential, educational, institutional and hazardous
occupancies and 30.0 m. for assembly, business, mercantile, industrial and
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storage occupancies. Whenever more than one exit is required for a floor
of a building they shall be placed as remote from each other as possible.
All the exits shall be accessible from the entire floor area at all floor levels.
(ii) The travel distance to an exit from the remote point shall not exceed half
the distance as stated above except in the case of institutional occupancy in
which case it shall not exceed 6.0 m.
D. Capacity of Exit:
The capacity of exits (staircase, ramps and doorways) indicating the number of
persons which could be safety evacuated through a unit exit width of 50 cm. shall be
as given below.
TABLE-20
OCCUPANTS PER UNIT EXIT WIDTH
Sl. No. Group of Occupancy Number of Occupants
Stairways Ramps Doors
1 Residential 25 50 75
2 Educational 25 50 75
3 Institutional 25 50 75
4 Assembly 40 50 60
5 Business 50 60 75
6 Mercantile 50 60 75
7 Industrial 50 60 75
8 Storage 50 60 75
9 Hazardous 25 30 40
E. Staircase Requirements:
There shall be minimum of two staircases and one of them shall be enclosed stairway
and the other shall be on the external walls of building and shall open directly to the
exterior, interior open space or to any open place of safety. Single staircase may be
accepted for educational, business or apartment buildings where floor area does not
exceed 300 sq. m. and height of the building does not exceed 24 m. and other
requirements of occupant load ,travel distance and width of staircase shall meet the
requirement. The single staircase in such case shall be on the outer wall of the building.
F. Minimum Width Provision for Stairways:
The following minimum width provisions shall be made for each stairway
(i) Residential low rise building 0.9 m.
(ii) Other residential building e.g. flats 1.25 m.
(iii) hostels, group housing, guest houses, etc. 1.25 m.
(iv) Assembly buildings like Auditorium, theatres 2.0 m.
and cinemas.
(v) All other buildings including hotels 1.5 m.
(vi) Institutional building like hospitals 2.0 m.
(vii) Educational building like School, Colleges. 1.5 m.
127
(viii) The minimum headroom in a passage under the landing of a staircase and under
the staircase shall be 2.10 m.
(ix) For building more than 24 m. in height, access to main staircase shall be through
a lobby created by double door of one hour fire rating. One of the doors will be fixed
in the wall of the staircase and other after the lobby.
(x) No living space, store or other fire risk shall open directly into the staircase or
staircases.
(xi) External exit door of staircase enclosure at ground level shall open directly to the
open spaces or can be reached without passing through any door other than a
door provided to form a draught lobby.
(xii) The main staircase and fire escape staircase shall be continuous from ground
floor to the terrace level.
(xiii) No electrical shafts/AC ducts or gas pipe, etc., shall pass through the staircase.
Lift shall not open in staircase landing.
(xiv) No combustible material shall be used for decoration/wall paneling in the staircase.
(xv) Beams/columns and other building features shall not reduce the headroom/width
of the staircase.
(xvi) The exit sign with arrow indicating the way to the escape route shall be provided at
a suitable height from the floor level on the wall and shall be illuminated by electric
light connected to corridor circuits. All exit way marking sign should be flush with
the wall and so designed that no mechanical damage shall occur to them due to
moving of furniture or other heavy equipments. Further all landings of floor shall
have floor indicating boards indicating the number of floor.
(xvii) The floor indication board shall be placed on the wall immediately facing the flight
of stairs and nearest to the landing. It shall be of size not less than 0.2 m. x 0.5 m.
(xviii) Individual floors shall be prominently indicated on the wall facing the staircase.
(xix) In case of single staircase it shall terminate at the ground floor level and the access
to the basement shall be by a separate staircase. However, the second staircase
may lead to basement levels provided the same is separated at ground level either
by ventilated lobby with discharge points at two different ends through enclosures.
J. Fire Escapes or External Stairs:
(i) Fire escape shall not be taken into account while calculating the number of
staircases for a building.
(ii) All fire escapes shall be directly connected to the ground.
(iii) Entrance to the fire escape shall be separate and remote from internal staircase.
(iv) The route to fire escape shall be free of obstructions at all times except the doorway
leading to the fire escape which shall have the required fire resistance.
(v) Fire escape shall be constructed of non-combustible materials.
(vi) Fire escape stairs shall have straight flight not less than 125 cm. wide with 25 cm.
treads and risers not more than 19 cm.
(vii) Handrails shall be at a height not less than 1 m.
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(viii) Fire escape staircase in the mercantile, business, assembly, hotel buildings above
24 m. height shall be a fire tower and in such a case width of the same shall not be
less than the width of the main staircase. No combustible material shall be allowed
in the fire tower.
K. Spiral Stairs :
(i) The use of spiral staircase shall be limited to low occupant load and to a building
height 9 m.
(ii) A spiral stair shall not be less than 1.5 m. in diameter and shall be designed to
give the adequate headroom.
L. Staircase Enclosures :
(i) The external enclosing walls of the staircase shall be of the brick or the R.C.C.
construction having fire resistance of not less than two hours. All enclosed
staircases shall have access through self-closing door of one hour fire resistance.
These shall be single swing doors opening in the direction of the escape. The door
shall be fitted with the check action door closers.
(ii) The staircase enclosures on the external wall of the building shall be ventilated to
the atmosphere at each landing.
(iii) Permanent vent at the top equal to the 5% of the cross sectional area of the
enclosure and openable sashes at each floor level with area equal to 1 to 15% of
the cross sectional area of the enclosure on external shall be provided. The roof of
the shaft shall be at least 1 m. above the surrounding roof. There shall be no
glazing or the glass bricks in any internal closing wall of staircase. If the staircase
is in the core of the building and cannot be ventilated at each landing, a positive
of 5 mm., w.g., by an electrically operated blower/blowers shall be maintained
(iv) The mechanism for pressurizing the staircase shaft shall be so installed that the
same shall operate automatically on fire alarm system/sprinkler system and be
provided with manual operation facilities.
M. Ramps :
(i) Ramps of slope of not more than 1 in 10 may be substituted for and shall comply
with all the applicable requirements of all required stairways as to enclosure capacity
and limiting dimensions. Larger slopes shall be provided for special uses but in no
case greater than 1 in 8. For all slopes exceeding 1 in 10 and where the use is
such as to involve danger of slipping, the ramp shall be surfaced with approved
non-slipping material.
(ii) The minimum width of the ramps in the Hospitals shall be 2.4 m. and in the basement
using car parking shall be 6.0m.
(iii) Handrails shall be provided on both sides of the ramp.
(iv) Amp shall lead directly to outside open space at ground level or courtyards of safe
place.
(v) For building above 24.0 m. in height, access to ramps from any floor of the building
shall be through smoke fire check door.
(vi) In case of nursing homes, hospitals, etc., area exceeding 300 sq. m. at each
floor one of the exit facility shall be a ramp of not less than 2.4 m. in width.
130
(m) A sign shall be posted and maintained on every floor at or near the lift
indicating that in case of fire, occupants shall use the stairs unless
instructed otherwise. The sign shall also contain a plan for each floor
showing the location of the stairways. Floor marking shall be done at
each floor on the wall in front of the lift-landing door.
(n) Alternate power-supply shall be provided in all the lifts.
(ii) FIRE LIFT
Following requirements shall apply for a fire lift in addition to above
requirements :—
(a) To enable fire service personnel to reach the upper floors with the
minimum delay, one or more of the lifts shall be so designed so as to be
available for the exclusive use of the fireman in an emergency and be
directly accessible to every dwelling/lettable floor space on each floor.
(b) The lift shall have a floor area of not less than 1.4 sq. mt. It shall have a
loading capacity of not less than 545 kg. (8 persons lift) with automatic
closing doors.
(c) The electric supply shall be on a separate service from electric supply
mains in a building and the cables run in a route safe from fire, i.e.,
within a lift shaft. Lights and fans in the elevator having wooden paneling
or sheet steel construction shall be operated on 24-volt supply.
(d) In case of failure of normal electric supply, it shall automatically
switchover to the alternate supply. For apartment houses, this
changeover of supply could be done through manually operated
changeover switch. Alternatively, the lift should be so wired that in case
of power failure, it comes down at the ground level and comes to stand
still with door open.
(e) The operation of a fire lift shall by a single toggle of two-button switch
situated in a glass-fronted box adjacent to the lift at the entrance level.
When the switch is on landing, call points will become inoperative and
the lift will be on car control only or on a priority control device. When the
switch is off, the lift will return to normal working. This lift can be used by
the occupants in normal times.
(f) The words ‘FIRE LIFT’ shall be conspicuously displayed in fluorescent
paint on the lift landing doors at each floor level.
(g) The speed of the fire lift shall be such that it can reach to the top floor
from ground level within one minute.
(11) Basement :
As provided in the Regulations—
A. Requirements :
(i) The access to the basement shall be either from the main or alternate staircase
providing access and exit from higher floors. Where the staircase is continuous
the same shall be enclosed type serving as a fire separation from the basement
floor and higher floors. Open ramps shall be permitted if they are constructed
within the building line subject to the provision of the (iv).
132
(ii) In case of basement for office, sufficient number of exit ways and access
ways shall be provided with a travel distance not more than 15.0 m. The travel
distance in case of dead-end shall be 7.5 m.
(iii) The basement shall be partitioned and in no case compartment shall be more
than 500 sq. m. and less than 50 sq. m. area except parking. Each
compartment shall have ventilation standards as laid down in Bye-Laws
separately and independently. The partition shall be made in consultation with
Chief Fire Officer.
(iv) The first basement (immediately below ground level) can be used for services/
parking/other permissible services. Lower basement, if provided, shall
exclusively be used for car parking only.
(v) Each basement shall be separately ventilated. Vents with cross-sectional area
(aggregate) not less than 2.5 per cent of the floor area spread evenly round
the perimeter of the basement shall be provided in the form of grills or breakable
starboard lights or pavement lights or by way of shafts. Alternatively a system
of air inlets shall be provided at basement floor level and smoke outlets at
basement ceiling level. Inlets and extracts may be terminated at ground level
with starboard or pavement lights. Ducts to convey fresh air to the basement
floor level are to be laid. Starboard and pavement lights should be in positions
easily accessible to the firemen and clearly marked “SMOKE OUTLET”
or “AIR INLET” with an indication of area served at or near the opening.
(vi) The staircase of basement shall be of enclosed type having fire resistance of
not less than two hours and shall be situated at the periphery of the basement
to be entered at ground level only from the open air and in such positions that
smoke from any fire in the basement shall not obstruct any exit serving the
ground and upper stories of the building and shall communicate with basement
through a lobby provided with fire resisting self-closing door of one hour rating.
In case of basement being used as car parking only, the travel distance shall
be 45 m.
(vii) In multi-storeyed basements, intake duct may serve all basements levels,
but each basement and basement compartment shall have separate smoke
outlet duct or ducts. Mechanical extractors for smoke venting system from
lower basement levels shall also be provided. The system shall be of such
design as to operate on actuation of smoke, heat sensitive detectors/sprinklers,
if installed, and shall have a considerably superior performance compared to
the standard units. It shall also have an arrangement to start manually.
(viii) Mechanical extractors shall have an internal locking arrangement so that
extractors shall continue to operate and supply fans shall stop automatically
with the actuation of fire detectors. Mechanical extractors shall be designed
to permit 30 air changes per hour in case of fire or distress call. However,
for normal operation, only 30 air changes or any other convenient factor can
be maintained.
(ix) Mechanical extractors shall have an alternate source of power-supply.
133
(x) Ventilating ducts shall be integrated with the structure and made out of brick
masonry or RCC as far as possible and when this duct crosses the
transformer area of electrical switchboard, fire dampers shall be provided.
(xi) Kitchens working on gas fuel shall not be permitted in basement/sub-basement.
(xii) If cutouts are provided from basement to the upper floors or to the atmosphere,
all side cutout openings in the basements shall be protected by sprinkler heads
at closed spacing so as to form a water curtain in the event of a fire.
(xiii) Dewatering pump shall be provided in all basements.
(12) Provision of Helipad :
All high-rise buildings 60 m. and above shall have provision for a Helipad on the terrace.
The same shall be approved by the Authority.
(13) Service Ducts/Refuge Chute :
A. Service duct shall be enclosed by walls and door, if any, of 2 hours fire rating.
If ducts are larger than 10 sq. m. the floor should seal them, but suitable opening
for the pipes to pass through shall be provided with the gaps sealed.
B. A vent opening at the top of the service shaft shall be provided between one-fourth
and one-half of the area of the shaft. Refuge chutes shall have an outlet at least of
wall of non-combustible material with fire resistance of not less than two hours.
They shall not be located within the staircase enclosure or service shafts or
air-conditioning shafts. Inspection panel and door shall be tight fitting with 1 hour
fire resistance; the chutes should be as far away as possible from exits.
C. Refuge chutes shall not be provided in staircase walls and A/C shafts, etc.
(14) Electrical Services :
Electrical Services shall conform to the following :—
A. The electric distribution cables/wiring shall be laid in a separate duct shall be sealed
at every floor with non-combustible material having the same fire resistance as
that of the duct. Low and medium voltage wiring running in shaft and in false ceiling
shall run in separate conduits.
B. Water mains, telephone wires, intercom lines, gas pipes or any other service lines
shall not be laid in ducts for electric cables.
C. Separate conduits for water pumps, lifts, staircases and corridor lighting and
blowers for pressuring system shall be directly from the main switch panel and
these circuits shall be laid in separate conduit pipes, so that fire in one circuit will
not affect the others. Master switches controlling essential service circuits shall be
clearly labeled.
D. The inspection panel doors and any other opening in the shaft shall be provided
with air tight fire doors having fire resistance of not less then 1 hour.
E. Medium and low voltage wiring running in shafts and within false ceiling shall run in
metal conduits. Any 240 voltage wiring for lighting or other services, above false
ceiling should have 660V grade insulation. The false ceiling including all fixtures
used for its suspension shall be of non-combustible material.
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(iv) Metallic ducts should be used even for the return air instead of space above
the false ceiling.
(v) The material used for insulating the duct system (inside or outside) should be
of flame resistant (IS 4355:1977) and non-conductor of heat.
(vi) Area more than 750 sq. m. on individual floor should be segregated by a
firewall and automatic fire dampers for isolation should be provided.
(vii) In case of more than one floor, arrangement by way of automatic fire dampers
for isolating the ducting at every floor from the floor should be made. Where
plenums used for return air passage, ceiling and its features and air filters of
the air handling units, these should be flame resistant. Inspection panels should
be provided in the main trenching. No combustible material should be fixed
nearer than 15 cm. to any duct unless such ducting is properly enclosed and
protected with flame resistant material.
(viii) In case of buildings more than 24 m. in height, in non-ventilated lobbies,
corridors, smoke extraction shaft should be provided.
C. Fire Dampers :
(i) These shall be located in air ducts and return air ducts/passages at the
following points :—
5. Fire pumps shall have positive suctions. The pump house shall be adequately ventilated
by using normal/mechanical means. A clear space of 1.0 m. shall be kept in between
the pumps and enclosure for easy movement/maintenance. Proper testing facilities
and control panel etc. shall be provided.
6. Unless otherwise specified in Regulations, the fire fighting equipments/installation shall
conform to relevant BIS Specifications.
7. In case of mixed occupancy, the fire fighting arrangement shall be made as per the
highest class of occupancy.
8. Requirement of water-based first aid fire extinguishers shall be reduced to half, if hose
reel is provided in the Building.
(21) Static Water Storage Tank
A. A satisfactory supply of water exclusively for the purpose of fire fighting shall always be
available in the form of underground static storage tank with specified capacity with
arrangements of replenishment by town’s main or alternative source of supply @
1000 liters per minute. The static storage water supply required for the above mentioned
purpose should entirely be accessible to the fire tenders of the local fire service. Provision
of suitable number of manholes shall be made available for inspection repairs and
insertion of suction hose etc. The covering slab shall be able to withstand the vehicular
load of 45 tonnes in case of high rise and 22 tonnes in case of low rise buildings. A draw
off connection shall be provided. The slab need not strengthen if the static tank is not
located in mandatory setback area.
B. To prevent stagnation of water in the static water tank, the suction tank of the domestic
water supply shall be fed only through an over flow arrangement to maintain the level
therein at the minimum specified capacity.
C. The static water storage tank shall be provided with a fire brigade collecting branching
with 4 Nos. 63 mm. dia instantaneous male inlets arranged in a valve box with a suitable
fixed pipe not less than 15 cm dia to discharge water into the tank. This arrangement is
not required where down comer is provided.
(22) Automatic Sprinklers
Automatic sprinkler system shall be installed in the following buildings :—
A. All buildings of 24 m. and above in height except group housing and 45 m. and
above in case of apartment /group housing society building.
B. Hotels below l5 m. in height and above 1000 sq m. built up area at each floor and or
if basement is existing.
C. All hotels, mercantile, and institutional buildings of 15 m. and above.
D. Mercantile building having basement more than one floor but below 15 m. (floor
area not exceeding 750 sq m.)
E. Underground Shopping Complex.
F. Underground car / scooter parking /enclosed car parking.
G. Basement area 200 sq m. and above.
H. Any special hazards where the Chief Fire Officer considers it necessary.
I. For buildings up to 24 m. in height where automatic sprinkler system is not mandatory
as per these Bye-Laws, if provided with sprinkler installation following relaxation
may be considered.
(i) Automatic heat/smoke detection system and M.C.P. need not be insisted upon.
(ii) The number of Fire Extinguisher required shall be reduced by half.
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(23) Fixed Carbon Di-Oxide / Foam / DCO Water Spray Extinguishing System
Fixed extinguishing installations shall be provided as per the relevant specifications in
the premises where use of above extinguishing media is considered necessary by the
Chief Fire Officer.
(24) Fire Alarm System
All buildings of 15 m. and above in height shall be equipped with fire alarm system and
also residential buildings (Dwelling House, Boarding House and Hostels) above 24 m.
height.
A. All residential buildings like dwelling houses (including flats) boarding houses and
hostels shall be equipped with manually operated electrical fire alarm system with
one or more call boxes located at each floor. The location of the call boxes shall be
decided after taking into consideration their floor area without having to travel more
than 22.5 m.
B. The call boxes shall be of the break glass type without any moving parts, where the
call is transmitted automatically to the control room without any other action on the
part of the person operating the call boxes.
C. All call boxes shall be wired in a closed circuit to a control panel in a control room,
located as per Bye-Laws so that the floor number from where the call box is actuated
is clearly indicated on the control panel. The circuit shall also include one or more
batteries with a capacity of 48 hours normal working at full load. The battery shall
be arranged to be a continuously trickle charged from the electric mains.
D. The call boxes shall be arranged to sound one or more sounders so as to ensure
that all occupants of the floor shall be warned whenever any call box is actuated.
E. The call boxes shall be so installed that they do not obstruct the exit ways and yet
their location can easily be noticed from either direction. The base of the call box
shall be at a height of 1.5 m. from the floor level.
F. All buildings other than as indicated above shall, in addition to the manually operated
electrical fire alarm system, be equipped with an automatic fire alarm system.
G. Automatic detection system shall be installed in accordance with the relevant
standard specifications. In buildings where automatic sprinkler system is provided,
the automatic detection system may not be insisted upon unless decided otherwise
by the Chief Fire Officer.
NOTE— Several type of fire detectors are available in the market but the application of each type is
limited and has to be carefully considered in relation to the type of risk and the structural
features of the building where they are to be installed.
(25) Control Room
There shall be a control room on the entrance floor of the building with communication
system (suitable public address system) for all floors and facilities for receiving the
message from different floors. Details of all floor plans along with the details of fire
fighting equipment and installation shall be maintained in the Control Room. The Control
Room shall also have facility to detect the fire on any floor through indicator boards
connecting fire detection and alarm system on all floors. The staff in charge of the
Control Room shall be responsible for the maintenance of the various services and fire
fighting equipment and installation. The Control Room shall be manned round the clock
by trained fire fighting staff.
(26) Fire Drills and Fire Orders
The guidelines for fire drill and evacuation etc. for high-rise building shall be as per
Part-IV of National Building Code. All such building shall prepare the fire orders duly
approved by the Chief Fire Officer.
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(27) A qualified Fire Officer and trained staff shall be appointed for the following buildings :—
A. All high-rise buildings above 30 m. in height where covered area of one floor
exceeds 1000 sq m. except apartments/group housing.
B. All hotels, identified under classification three stars and above category by
Tourism Department and all hotels above 15 m. in height with 150 bed capacity or
more without star category.
C. All hospital building of 15 m. and above or having number of beds exceeding 100.
D. Underground shopping complex where covered area exceeds 1000 sq. m.
E. All high hazard industries.
F. Any other risk which Chief Fire Officer considers necessary.
(28) The lightening protection warning light (red) for high-rise buildings shall be provided in
accordance with the relevant standard. The same shall be checked by electrical
department.
(29) Material Used For Construction Of Building
A. Combustible/flammable material shall not be used for partitioning, wall paneling,
false ceiling etc. Any material giving out toxic gases/smoke, if involved in the fire
shall not be used for partitioning of a floor or wall paneling or a false ceiling etc.
The surface frames spread of the lining material shall conform to class-I of the
standard specification. The framework of the entire false ceiling shall be provided
with metallic sections and no wooden framework shall be allowed for paneling/
false ceiling.
B. Construction features/elements of structures shall conform to National Building
Code, 2005 and BIS codes
(30) LPG
The use of LPG shall not be permitted in the high-rise building except residential/hotel/
hostel/kitchen/pantry (if any) and shall be located at the periphery of the building on the
ground level.
(31) House-Keeping
A high standard of house keeping shall be insisted upon by all concerned. There must
be no laxity in this respect. It must be borne in mind that fire safety is dependent to a
large extent upon good housekeeping.
A. Good House-Keeping includes the following:—
(i) Maintaining the entire premises in neat and clean condition
(ii) Ensuring that rubbish and combustible material are not thrown about or allowed
to accumulate, even in small quantity, in any portion of the building. Particular
attention must be paid to corners and places hidden from view.
(iii) Providing metal receptacles/waste paper basket (of non-combustible material)
at suitable locations for disposal of waste. Separate receptacles must be
provided for disposal of cotton rags/waste, wherever it is generated, these
must under no circumstances be left lying around in any portion of the building.
(iv) Ensuring that receptacles for waste are emptied at regular intervals and the
waste removed immediately for safe disposal outside the building.
(v) Ensuring that all doors/fixtures are maintained in good repairs, particular
attention must be paid to self-closing fire smoke check doors and automatic
fire/doors/rolling shutters.
(vi) Ensuring that self-closing fire/smoke check doors close properly and that the
doors are not wedged open.
(vii) Ensuring that the entire structure of the building is maintained in good repairs.
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(viii) Ensuring that all electrical and mechanical service equipments are maintained
in good working condition at all times.
(ix) Ensuring that Cars/Scooters etc. are parked systematically in neat rows. It is
advisable to mark parking lines on the ground in the parking areas near the
building and in the parking area on ground floor and in basement(s); as
applicable, inside the building. A parking attendant must ensure that vehicles
are parked in an orderly manner and that the vehicles do not encroach upon
the open space surrounding the building.
B. Smoking Restrictions
(i) Smoking shall be prohibited throughout the basement(s) and in all areas where
there is a profusion of combustible materials. Easily readable “NO SMOKING”
signs must be conspicuously posted at locations where they can catch the
eye. Each sign must also include a pictograph. The sign may also be
illuminated.
(ii) In all places where smoking is permitted, ashtrays half filled with water, must
be placed on each table/at each other suitable locations for safe disposal of
spent smoking material. The design of the ashtrays must be such that they
cannot easily topple over. If, for any reason, this is not practicable a minimum
of one metal bucket or other non-combustible container half filled with water
must be provided in each compartment for disposal of spent smoking
materials.
C. Limiting the Occupant Load in Parking and Other Areas of Basement
Where parking facility is provided in the basement(s) no person other than the
floor-parking attendant may be allowed to enter and remain in the parking areas
except for parking and removal of Cars/Scooters. Regular offices must not be
maintained in the storage /parking area in the basement(s). The stores/godowns
must be opened for the limited purpose for keeping or removing stores.
No person other than those on duty may be permitted in the airconditioning plant
room(s), HL/LT switch room, transformer compartment, control room pumphouse,
generator room, stores and records etc.
(32) Fire Prevention
In addition to the measures recommended above, the following fire prevention measures
must be implemented when the building is in occupation.
(i) Storage of flammable substances, such as diesel oil, gasoline, motor oils, etc.
must not be allowed anywhere within the building. The only exception to this rule
may be:
(a) Storage of diesel oil in a properly installed tank in a fire-resisting compartment
in the generator room;
(b) Diesel oil, gasoline, motor oil etc. filled in the vehicle tanks.
(ii) Preparation of tea and warming of food must be prohibited throughout the building
(iii) Where heaters are used during winters, the following precautions must be taken :
(a) All heaters, except convector heaters, must be fitted with guards.
(b) Heaters must not be placed in direct contact with or too close to any
combustible material.
(c) Heaters must be kept away from curtains to ensure that the latter do not blow
over the heater accidentally.
(d) Heaters must not be left unattended while they are switched on
(e) Defective heaters must be immediately removed from service until they have
been repaired and tested for satisfactory performance.
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(f) Use of heaters must be prohibited in the entire basement, fire control room
and in all weather maker rooms throughout the building. Also in all places
where there is profusion of combustible flammable materials.
(iv) Use of candles or other naked light flame must be forbidden throughout the building,
except in the offices (for sealing letters only) and kitchen. When candles/spirit
lamps are used for sealing letters/packets, extreme care must be take to ensure
that paper does not come in direct contact with the naked flame and the candle/
spirit lamp does not topple over accidentally while still lighted. All candles/spirit
lamps kitchen fires must be extinguished when no longer required.
(v) Fluorescent lights must not be directly above the open file racks in offices/record
rooms. Where this is unavoidable, such lights must be switched on only for as
long as they are needed.
(vi) Filling up of old furniture and other combustible materials such as scrap paper,
rags, etc. must not be permitted anywhere in the building. These must be promptly
removed from the building.
(vii) More than one portable electrical appliance must not be connected to any single
electrical outlet.
(viii) Used stencils, ink smeared combustible materials and empty ink tubes must not
be allowed to accumulate in rooms/compartments where cyclostyling is done.
These must be removed and disposed off regularly.
(ix) All shutters/doors of main switch panels and compartments/shafts for electrical
cables must be kept locked.
(x) Aisles in record rooms and stores must have a clear uniform width of not less
than 1.0 M. Racks must not be placed directly against the wall/partition.
(xi) In record rooms, offices and stores, a clear space of not less than 30 Cm. must be
maintained between the top-most stack of stores/records and the lighting fittings.
(xii) A similar clearance, and at (xi) above must be maintained from fire detectors
(xiii) Fire detectors must not be painted under any circumstances and must also be
kept free from lime/distemper.
(xiv) Records must not be piled/dumped on the floor
(xv) Welding or use of blow torch shall not be permitted inside the building, except
when it is done under strict supervision and in full conformity with the requirements
laid down in IS: 3016-1966 code of practice for fire precautions in welding and
cutting operation.
(xvi) Printing ink/oil must not be allowed to remain on the floor, the floor must be maintained
in a clean condition at all times.
(33) Occupancy Restrictions
A. The premises leased to any party shall be used strictly for the purpose for which
they are leased.
B. No dangerous trade/practices (including experimenting with dangerous chemicals)
shall be carried on in the leased premises.
C. No dangerous goods shall be stored within the leased premises
D. The common/public corridor shall be maintained free of obstructions, and the
lessee shall not put up any fixtures that may obstruct the passage in the corridor
and/or shall not keep any wares, furniture or other articles in the corridor.
E. The penalty for contravention of the condition laid down below must be immediate
termination of lease and removal of all offending materials.
F. Regular inspection and checks must be carried out at frequent intervals to ensure
compliance with conditions above.
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ANNEXURE-VI
2. Prohibited Activities :
The following activities are declared as prohibited within the Coastal Regulation Zone,
namely :—
(i) setting up of new industries and expansion of existing industries, except (a) 10 those
directly related to water front or directly needing foreshore facilities (b) Projects of
Department of Atomic Energy;
(ii) manufacture or handling or storage or disposal of hazardous substances as specified
in the Notifications of the Government of India in the Ministry of Environment & Forests
No. S.O. 594(E), dated 28th July 1989, S.O. 966(E), dated 27th November, 1989 and
GSR 1037(E), dated 5th December, 1989, except transfer of hazardous substances
from ships to ports, terminals and refineries and vice versa in the port areas; 3
Provided that, facilities for receipt and storage of petroleum products and Liquefied
Natural Gas as specified in Annexure III appended to this notification and facilities for
degasification of Liquefied Natural Gas, may be permitted within the said Zone in areas
not classified as CRZ-I (i), subject to implementation of safety. Directorate in the
Government of India, Ministry of Petroleum and Natural Gas and guidelines issued by
the Ministry of Environment & Forests and subject to such further terms and
the Government of India in the Ministry of Environment & Forests may stipulate
conditions for implementation of ameliorative and restorative measures in relation to
the environment as;
(iii) setting up and expansion of fish processing units including are housing (excluding
hatchery and natural fish drying in permitted areas :
Provided that existing fish processing units for modernization purposes may utilise
twenty five per cent additional plinth area required for additional equipment and
pollution control measures only subject to existing Floor Space index/Floor Area Ratio
norms and subject to the condition that the additional plinth area shall not be towards
seaward side of existing unit and also subject to the approval of State Pollution Control
Board or Pollution Control Committee;
(iv) setting up and expansion of units/mechanism for disposal of waste and effluents,
except facilities required for discharging treated effluents into the water course with
approval under the Water (Prevention and Control of Pollution) Act, 1974; and except
for storm water drains;
(v) discharge of untreated wastes and effluents from industries, cities or towns and
other human settlements, Schemes shall be implemented by the concerned
authorities for phasing out the existing practices, if any, within a reasonable time
period not exceeding three years from the date of this Notification;
(vi) dumping of city or town waste for the purposes land filing or otherwise the existing
practice, if any, shall be phased out within a reasonable time not exceeding three
years from the date of this Notification;
(vii) dumping of ash or any wastes from thermal power stations;
(viii) land reclamation, bonding or disturbing the natural course of sea water except those
required for construction or modernization or expansion of ports, harbors, jetties,
wharves, quays, slipways, bridges and sea-links and for other facilities that are
essential for activities permissible under the notification or for control of coastal
erosion and maintenance or clearing of water easy, channels and ports or for
prevention of sandbars of for tidal regulators, storm water drains or for structures for
prevention of salinity ingress and sweet water recharge :
Provided that reclamation for commercial purposes such as shopping and housing
complex, hotels and entertainment activities shall not be permissible;
147
(ix) mining of sands, rocks and other substrata materials, except (a) those rare minerals
not available outside the CRZ areas and (b) exploration and extraction of Oil and
Natural Gas :
Provided that in the Union Territory of the Andaman and Nicobar Islands, mining of sands
may be permitted by the Committee which shall be constituted by the Lieutenant Governor
of the Andaman and Nicobar Islands consisting of Chief Secretary, Secretary,
Department of Environment, Secretary, Department of Water Resources and Secretary,
Public Works Department. The said Committee may permit mining of sand from
non-degraded areas for construction purposes from selected sites, in a regulated manner
on a case-to-case basis, for a period up to the 30th day of September, 2002. The quantity
of sand mined shall not exceed the essential requirements for completion of construction
works including dwelling units, shops in respect of half-yearly requirements of
2001-2002 and 2002-2003 annual plans. The permission for mining of sand may be
given on the basis of a mining plan from such sites and in such quantity which shall not
have adverse impacts on the environment.
(x) harvesting of drawl of ground water and construction of mechanisms therefore within
200 M. of HTL; in the 200 M. to 500 M. zone it shall be permitted only when done manually
through ordinary wells for drinking, horticulture, agriculture and fisheries :
Provided that drawl of ground water is permitted, where no other source of water is
available and when done manually through ordinary wells or hand pumps, for drinking
and domestic purposes, in the zone between 50 to 200 M. from High Tide Line in case
of seas, bays and estuaries and within 200 M. or the CRZ, whichever is less, from
High Tide Line in case of rivers, creeks and backwaters subject to such restrictions as
may be deemed necessary, in areas affected by sea water intrusion, that may be
imposed by an authority designated by State Government/Union Territory Administration;
(xi) construction activities in CRZ-I except as specified in Annexure I of this Notification;
(xii) any construction activity between the Low Tide Line and High Tide Line except
facilities for carrying treated effluents and wastewater discharges into the sea,
facilities for carrying sea 4.3 water for cooling purposes, oil, gas and similar pipelines
and facilities essential for activities permitted under this Notification; and
(xiii) dressing or altering of sand dunes, hills, natural features including landscape change
for beautification, recreational and other such purpose, except as permissible under
this Notification.
3. Regulation of Permissible Activities:
All other activities; except those prohibited in Para. 2 above, will be regulated as under:
(1) Clearance shall be given for any activity within the Coastal Regulation Zone only if it
requires waterfront and foreshore facilities. The assessment shall be collected within a
period of 90 days drew receipts of the requisite documents and data from the project
authorities and the decision shall be conveyed within 30 days thereafter.
(2) The following activities will require environmental clearance from the Ministry of
Environment & Forests, Government of India, namely :—
(i) construction activities related to projects of Department of Atomic Energy or
Defence requirements for which foreshore facilities are essential such as, slipways,
jetties, wharves, quays; except for classified operational component of Defence
Projects for which a separate procedure shall be followed. Residential buildings,
office buildings, hospital complexes, workshops shall not come within the definition
of operational requirements except in very special cases and hence shall not
normally be permitted in the CRZ;
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(ii) operational constructions for ports and harbors and light houses and constructions
for activities such as jetties, wharves, quays and slipways, pipelines, conveying
systems including transmission lines;
(ii-a) exploration and extraction of oil and natural gas and all associated activities and
facilities thereto;
(iii) thermal Power Plants (only foreshore facilities for transport of raw materials facilities
for intake of cooling water and outfall for discharge of treated waste water/cooling
water) and outfall for discharge of treated waste water/ cooling water; and
(iv) demolition and reconstruction of—
(i) buildings of archeological historical importance;
(ii) heritage building;
(iii) buildings under public use by wait shed education medical care cultural
activities;
(iv) all other activities with investment of Rs. 5 crore of more.
(3) (i) the Coastal States and Union Territory Administrations shall prepare, within a period
of one year from the date of this Notification, Coastal Zone Management Plans
identifying and classifying the CRZ areas within their respective territories in
accordance with the guidelines given in Annexure I and II of the Notification and
obtain approval ( with or without modifications) of the Central Government in the
Ministry of Environment & Forests;
(ii) within the framework of such approved plans, all development and activities
within the CRZ other than those covered in Para. 2 and Para. 3(2) above shall be
regulated by the State Government, Union Territory Administration or the local
authority as the case may be in accordance with the guidelines given in
Annexure I and II of the Notification;
(iii) in the interim period till the Coastal Zone management Plans mentioned in
Para. 3(3)(i) above are prepared and approved, all developments and
activities within the CRZ shall not violate the provisions of this Notification.
State Governments and Union Territory Administrations shall ensure adherence
to these regulations and violations, if any, shall be subject to the provisions of the
Environment (Protection) Act, 1986.
(4) Procedure for monitoring and enforcement :
The Ministry of Environment & Forests and the Government of State or Union Territory
and such other authorities at the State or Union Territory levels, as may be designated
for this purpose, shall be responsible for monitoring and enforcement of the provisions
of this notification within their respective jurisdictions.
COASTAL AREA CLASSIFICATION AND DEVELOPMENT REGULATIONS
Classification of Coastal Regulation Zone :
6(1) For regulating development activities, the coastal stretches within 500 metres of High
Tide Line on the landward side are classified into four categories, namely :—
Category I (CRZ-I) :
(i) Areas that are ecologically sensitive and important, such as national parks/ marine
parks, sanctuaries, reserve forests, wildlife habitats, mangroves, corals/ coral reefs,
areas close to breeding and spawning grounds of fish and other marine life, areas of
outstanding natural beauty/ historically/heritage areas, areas rich in genetic diversity,
areas likely to be inundated due to rise in sea level consequent upon global warming
and such other areas as may be declared by the Central Government or the concerned
authorities at the State/ Union Territory level from time to time.
(ii) Area between Low Tide Line and the High Tide Line.
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Category-II( CRZ-II):
The areas that have already been developed up to or close to the shoreline. For this purpose.
“developed area “ is referred to as that area within the municipal limits or in other legally designated
urban areas which is already substantially built up and which has been provided with drainage and
approach roads and other infrastructural facilities, such as watersupply and sewerage mains.
Category-III( CRZ-III) :
Areas that are relatively undisturbed and those which do not belong to either Category-I or II.
These will include coastal zone in the rural areas ( developed and undeveloped ) and also areas
within Municipal limits or in other legally designated urban areas which are not substantially built up.
Category-IV ( CRZ-IV) :
Coastal stretches in the Andaman & Nicobar, Lakshadweep and small islands, except those
designated as CRZ-I, CRZ-II or CRZ-III.
Norms for Regulation of Activities.
6(2) The development or construction activities in different categories of CRZ area shall be
regulated by the concerned authorities at the State/ Union Territory level, in accordance with the
following norms :—
CRZ-I
No new construction shall be permitted in CRZ-I except (a) Projects relating to Department of
Atomic Energy and (b) Pipelines conveying systems including transmission lines and (c) facilities
that are essential for activities permissible under CRZ-I. Between the LTL and the HTL, activities as
specified under paragraph.
2(xii) may be permitted. In addition, between LTL & HTL in areas which are not ecologically
sensitive and important, the following may be permitted. (a) Exploration and extraction of Oil and
Natural Gas, (b) activities as specified under provision of sub-paragraph (ii) of paragraph 2, and (c)
construction of dispensaries, schools, public rain shelters, community toilers, bridges, roads, jetties,
watersupply, drainage, sewerage which are required for traditional inhabitants of the Sunderbans
Bio-sphere reserve area, West Bengal, on a case to case basis, by the West Bengal State Coastal
Zone Management Authority and (d) Salt harvesting by solar evaporation of seaweeds.
CRZ-II
(i) Building shall be permitted only on the landward side of the existing road (or roads
approved in the Coastal Zone Management Plan of the area) or on the landward side of
existing authorized structure. Buildings permitted on the landward side of the existing
and proposed roads/existing authorized structures shall be subject to the existing local
Town and Country Planning Regulations including the existing norms of Floor Space
Index/Floor Area Ratio : Provided that no permission for construction of buildings shall
be given on landward side of any new roads (except roads approved in the
Coastal Zone Management Plan) which are constructed on the seaward side of an
existing road : Provided further that the above restriction on construction bases on
existing road/ authorized structures, roads proposed in the approved coastal zone
management plans, new roads shall net apply to the housing schemes State Urban
Dev. Authorities implemented in phases for which construction activity was commenced
prior to 19-02-1991 in at least one phase and all relevant approvals from state local
authorities where obtained prior to 19/02/91 in all such cases specific approval of the
activity from Environment & Forest Department would be necessary on a case-to-case
basis.
(ii) Reconstruction of the authorized buildings to be permitted subject to the existing
FSI/FAR norms and without change in the existing use.
(iii) The design and construction of buildings shall be consistent with the surrounding
landscape and local architectural style.
150
CRZ-III
(i) The area up to 200 meters from the High Tide Line is to be provided that such area does
not fall any notified part limits or any notified special economic zone, earmarked as ‘ No
Development Zone’. No construction shall be permitted within this zone except for repairs
of existing authorized structures not exceeding existing FSI, existing plinth area and
existing density, and for permissible activities under the notification including facilities
essential for such activities. However, the following uses may be permissible in this
zone agriculture, horticulture, gardens, pastures, parks, play fields, forestry and salt
manufacture from sea water.
(i-a) Construction of dispensaries, schools, public rain shelters, community toilets, bridges,
roads and provision of localities for water supply, drainage sewerage which are required
for the local inhabitants may be permitted on a case to case basis by the Central
Government or CZMA constituted for the State/U.T. provided that construction units or,
ancillary thereto for domestic sewage treatment and disposed shall be permissible
notwithstanding anything contained in subparagraph (iv) of paragraph 2 of this notification.
(ii) Development of vacant plots between 200 and 500 metres of High Tide Line in
designated area o CRZ-III with prior approval of Ministry of Environment and Forests
(MEF) permitted for construction of hotels/beach resorts for temporary occupation
of tourists/visitors subject to the conditions as stipulated in the guidelines at
Annexure-II.
(iii) Construction/reconstruction of dwelling units between 200 and 500 metres of the
High Tide Line permitted so long it is within the ambit of traditional rights and customary
uses such as existing fishing villages and gaothans. Building Permission for such
construction/ reconstruction will be subject to the conditions that the total number of
dwelling units shall not be more than twice the number of existing units, total covered
area on all floors shall not exceed 33 per cent of the plot size; the overall height of
construction shall not exceed 9 meters and construction shall not be more than
2 floors, ground floor plus one floor. Construction is allowed for permissible activities
under the notification including facilities essential for such activities. An authority
designated by State Government/Union Territory administration may permit
construction of public rain shelters, community toilets, water supply, drainage, sewerage,
roads and bridges. The said authority may also permit construction of schools and
dispensaries, for local inhabitants of the area, for this panchayats the major part of
which falls within CRZ, if no other area is available for construction of such facilities.
(iv) Reconstruction/alterations of an existing authorized building permitted subject
to (i) to (iii) above.
(v) In notified SEZ construction of non polluting industries in the field at Information
Technology and other service industries, desalination plants, beach resorts and
related recreational facilities essential for promotion of SEZ as approved in its master
plan by SEZ authority may be permitted.
CRZ-IV
Andaman & Nicobar Islands :
(i) No new construction of buildings shall be permitted within 200 metres of the HTL;
except facilities for generating power by non-conventional energy resources,
desolation plans and construction of airstrips and associated facilities.
(ii) The buildings between 200 and 500 metres from the High Tide Line shall not have
more than 2 floors ( ground floor and first floor), the total covered area on all lst floors
shall not be more than 50 per cent of the plot size and the total height of construction
shall not exceed 9 metres.
(iii) The design and construction of buildings shall be consistent with the surrounding
landscape and local architectural style.
151
(iv-a) Corals from the beaches and coastal waters shall not be used for construction and
other purposes.
(iv-b) Sand may be used from the beaches and coastal waters, only for construction purpose
up to the 31st March 2003 and thereafter it shall not be used for construction and other
purposes.
(v) Dredging and underwater blasting in all around coral formations shall not be permitted;
and
(vi) However, in some of the islands, coastal stretches may also be classified into categories
CRZ-I or II or III with the prior approval of Ministry of Environment & Forests and in such
designated stretches, the appropriate regulations given for respective categories shall
apply.
Lakshadweep and Small Island
(i) For permitting construction of buildings, the distance from the High Tide Line shall be
decided depending on the size of the island. This shall be laid down for each island, in
consultation with the experts and with approval of the Ministry of Environment & Forests,
keeping in view the land use requirements for specific purposes vis-à-vis local conditions
including hydrological aspects erosion and ecological sensitivity.
(i-a) Facilities for generating power by non-conventional energy
(i-b) Desalination plants
(i-c) Construction of airstrips and associated facilities
(ii) The buildings within 500 meters from the HTL shall not have more than 2 floors (ground
floor and Ist floor), the total covered area on all floors shall not be more than 50 per cent
of the plot size and the total height of construction shall not exceed 9 metres;
(iii) The design and construction of buildings shall be consistent with the surrounding
landscape and local architectural style;
(iv) Corals and sand from the beaches and coastal waters shall not be used for construction
and other purposes;
(v) Dredging and underwater blasting in and around coral formations shall not be permitted;
and
(vi) However, in some of the islands, coastal stretches may also be classified into categories
CRZ-I or II or III, with the prior approval of Ministry of Environment 7 Forests and in such
designated stretches, the appropriate regulations given for respective categories shall
apply.
GUIDELINES FOR DEVELOPMENT OF BEACH RESORTS/ HOTELS IN THE DESIGNATED
AREAS OF CRZ-III FOR TEMPORARY OCCUPATION OF TOURIST/ VISITORS, WITH PRIOR
APPROVAL OF THE MINISTRY OF ENVIRONMENT & FORESTS.
7(1) Construction of beach resorts/ hotels with prior approval of MEF in the designated areas of
CRZ-III for temporary occupation of tourists/ visitors shall be subject to the following conditions:
(i) The project proponents shall not undertake any construction (including temporary
constructions and fencing or such other barriers) within 200 metres (in the landward
wide) from the High Tide Line and within the area between the Low Tide and High Tide
Line;
(i-a) live fencing and barbed wire fencing with vegetative cover may be allowed around private
properties subject to the condition that such fencing shall in no way hamper public
access to the beach.
(i-b) no flattening of sand dunes shall be carried out;
152
(i-c) no permanent structures for sports facilities shall be permitted except construction of
goal posts, net posts and lamp posts;
(i-d) construction of basements may be allowed subject to the condition that no objection
certificate is obtained from the State Ground Water Authority to the effect that such
construction will not adversely affect free flow of ground water in that area. The State
Ground Water Authority shall take into consideration the guidelines issued by the Central
Government before granting such no objection certificate.
Explanation :
Though no construction is allowed in the no development zone for the purpose of calculation
of FSI, the area of entire plot including 50% of the portion which falls within the no development
zone shall be taken into account.
(ii) The total plot size shall not be less than 0.4 hectares and the total covered area on all
floors shall not exceed 33 per cent of the plot size i.e. the FSI shall not exceed 0.33.
The open area shall be suitable landscaped with appropriate vegetal cover;
(iii) The construction shall be consistent with the surrounding landscape and local
architectural style;
(iv) The overall height of construction up to highest ridge of the roof, shall not exceed
9 metres and the 12 construction shall not be more than 2 floors ( ground floor plus one
upper floor);
(v) Ground water shall not be tapped within 200m of the HTL, within the 200 metre–
500 metre zone, it can be tapped only with the concurrence of the Central/State
Ground Water Board;
(vi) Extraction of sand; leveling or digging of sandy stretches except for structural foundation
of building, swimming pool shall not be permitted within 500 metres of the High Tide
Line;
(vii) The quality of treated effluents, solid wastes, emissions and noise levels, etc. from the
project area must conform to the standards laid down by the competent authorities
including the Central/State Pollution Control Board and under the Environment
(Protection) Act, 1986;
(vii) Necessary arrangements for the treatment of the effluents and solid wastes must be
made. It must be ensured that the untreated effluents and solid wastes are not
discharged into the water or on the beach, and no effluent/ solid waste shall be
discharged on the beach;
(ix) To allow public access to the beach, at least a gap of 20 metres width shall be provided
between any two hotels/beach resorts, and in no case shall gaps be less than
500 metres apart; and
(x) If the project involves diversion of forest land for non- forest purposes, clearance as
required under the Forest (Conservation) Act, 1980 shall be obtained. The requirements
of other Central and State laws as applicable to the project shall be met with;
(xi) Approval of the State/Union Territory Tourism Department shall be obtained.
7(2) In ecologically sensitive areas (such as marine parks, mangroves, coral reefs, breeding
and spawning grounds of fish, wildlife habitats and such other areas as may notified by
the Central/State Government/Union Territories) construction of beach resorts/hotels shall
not be permitted.
153
FORM-I
PART-I
BUILDING PLAN APPLICATION FORM
Authorised Signature
To
The Vice-Chairman,
Brahmapur Development Authority,
Brahmapur.
Madam/Sir,
I/We hereby apply for permission to undertake development and carry out :
FORM-I
PART-II
I hereby certify that the development erection, re-erection or for material alteration
in the building No.___________ or to___________ on/ in Plot No. ______________ Colony/
Street______________ MOUZA _______________________ City ___________ shall be carried
out under my supervision and I certify that all the materials (type and grade) and the
workmanship of the work shall be generally in accordance with the general and detailed
specifications submitted along with and that the work shall be carried out according to the
sanctioned plans.
Signature of Architect/Engineer/Structural En gineer/Supervisor/Town Planner
______________________
__________________
Date ____________
155
FORM-II
Permission under sub-section(3) of the Section 16 of the Odisha Development Authorities Act,
1982 (Odisha Act,1982) is hereby granted in favour of;
Smt./Shri ________________________
(e) Alteration of
(a) The land/Building shall be used exclusively ____________________ purpose and the
uses shall not be changed to any other use without prior approval of this Authority.
(b) The development shall be undertaken strictly according to plans enclosed with necessary
permission endorsement.
(c) Parking space measuring __________ Sq. m. as shown in the approved plan shall be
left open to sky and no part of it will be built upon.
(d) The land over which construction is proposed is accessable by an approved means of
access of ________ m. width.
(e) The land in question must be in lawful ownership and peaceful possession of the applicant.
(f) The applicant shall free gift __________ m. wide strip of land in the ______________
Municipality/NAC for the further widening of the road to the standard width.
(g) The permission is valid for period of three years with effect from the date of issue.
(h) Permission accorded under the provision of Section 16 of ODA Act, cannot be
construed as an evidence in respect of right title interest of the plot over which the plan
is approved.
156
(i) Any dispute arising out of land record or in respect of right/title/interest after this approval
the plan shall treated automatically cancelled during the period of dispute.
By Order
Copy along with ________ copies of the approved plans to Smt./Shri ___________
_______________________________________________.
Copy with a copy approved plan forwarded to the Municipal Commissioner, Brahmapur
Municipal Corporation/Executive Officer, Chatrapur N.A.C/Executive Officer, Gopalpur N.A.C. for
information.
FORM-III
APPLICATION FORM DRAWING OF ATTENTION UNDER SUB-SECTION (7) OF
SECTION 16 OF THE ODISHA DEVELOPMENT AUTHORITIES ACT,1982
From
_________________
_________________
_________________
To
The Vice-Chairman,
Brahmapur Development Authority,
Brahmapur.
Madam/ Sir,
I/We do bring to your kind notice that I/We had applied for permission to the Brahmapur
Development Authority on ________________ to undertake development with respect to
Plot No. _________ Khata No. _______ Village __________ Thana No. _________
Holding No. __________ Ward No. ___________ within the Development Plan area of
_______________ Municipality/NAC. My/our application was registered vide No. _______,
Dated ____________. Two months have elapsed since the submission of my/our application
and I/we have not received any communication with respect to the said application.
Please take notice that if within a further period of one month from the date of receipt
of this notice by you no communication either granting or refusing permission is received by
me/us, I/we shall presume that permission as applied for has been granted in my/our favour.
Yours faithfully,
FORM-IV
Form of Registered to be maintained under
sub-sections (11 & 12) of Section 16 of the Act
See Regulation 10
Sl. Name and Date Date of Date of Date of Date of Date of Signature
No. address of permission refusal endorse- return sending of the
of the receipt with with ment to from to record dealing
applicant letter No. letter No. Enforce- Enforce- room Asst.
ment ment
Branch Branch
159
FORM-V
FORM OF NOTICE FOR COMMENCEMENT OF WORK TO BE FURNISHED
BY THE PLOT OWNER(S) AND THE BUILDER/ DEVELOPER
From
_____________
_____________
_____________
To
The Vice-Chairman,
Brahmapur Development Authority,
Brahmapur.
Sir,
I/W e hereby give notice of the erection of building in respect of
plot No. ______________ Khata No. _______ Village __________ Ward No. ____________ to be
commenced on __________ as per the permission given in your letter No. _______,
Dated _________ under the supervision registered Architect/Registered Structural Engineer,
Name, Regd. No. _______ in accordance with the approved plan.
Yours faithfully,
FORM-VI
PART-I
COMPLETION CERTIFICATE
I hereby certify that the development, of erection, re-erection or for material alteration
in the building No. ___________ or to ___________ on/in Plot No. ______________
Colony/Street______________, MOUZA _______________________, City ___________ has
been supervised by me and has been completed on ________ according to the plans
sanctioned vide No.________, dated _________.The work has been completed to my best
satisfaction, the workmanship and all the materials(type and grade) have been used strictly,
in accordance with the general and detailed specifications. No provisions of the code, conditions
prescribed or orders issued there under have been transgressed in the course of the work.
The land is fit for construction for which it has been developed or re-developed or the building is fit
for use for which it has been erected, re-erected or altered, constructed and enlarged.
I hereby also enclose the plan of the building completed in all aspects.
___________________________________
___________________________________
Date _______________
161
FORM-VI
PART-II
With respect to the building work of erection, re-erection or for making alteration in the building
No. ___________ or to ___________ on/in Plot No. ______________ Colony/Street ______________
MOUZA _____________ __________ City ___________ I certify;
(a) that the building has been constructed according to the sanctioned plan and structural
design(one of the drawings as executed enclosed),which incorporates the provisions of
structural safety as specified in part 6 ‘Structural Design’ of the National Building Code
of India, 2005 and other relevant codes; and
(b) that the construction has been done under my supervision and guidance and adheres
to the drawings and specifications submitted and records of supervision have been
maintained.
Any subsequent changes from the completion drawings shall be the responsibility of the owner.
FORM-VII
CERTIFICATE FOR STRUCTURAL STABILITY
With respect to the building work of erection, re-erection or for making alteration in the
building No. __ _________ or to_ __________ on / in Plot No. ____ __________
Colony/Street ______________, Mouza _____________________, City ______________________
I certify that the structural plans and details of the building submitted for approval satisfy the
structural safety requirements for all situations including natural disasters, as applicable, as
stipulated under part 6 structural design of the National Building Code of India, 2005 and other
relevant codes; and the information given therein is factually correct to the best of MY knowledge.
FORM-VIII
PERIODIC PROGRESS REPORT
(To be submitted by the Registered Structural Engineer/ Architect)
From :
________________________
________________________
To
The Town & Regional Planning Member,
Berhampur Development Authority,
Berhampur.
Reference— (i) BDA approval Letter No. _________ Dated ___________
(ii) BPBA No. ________
Madam/Sir,
I/We hereby certify that the construction of the building up to foundation, plinth/ground floor/
floors of the building plot No. _________ Mouza __________ has been supervised by me/us and
has been constructed strictly confirming to the sanctioned plan and structural design as per the
provision of NBC, 2005. The work has been done to my/our best satisfaction. All the materials
used in construction of this building are strictly in accordance with BIS specifications and norms
conforming to National Building Code, 2005, covering all the safety factors related to earthquake
and cyclone. I/we will be responsible and liable for action by BDA/Govt. if there is any structural
failure and fire endangering the inmates and public.
Yours faithfully,
FORM-IX
To,
SMT/SRI ______________________
________________________________
________________________________
Her/ His reply to this office letter No. ……………., Dt. …………….. has not been
found satisfactory. She/He has failed to show any cause in response to this office
Letter No. ………………, Dated …………………
1. ………………………………………………………………………………………………..
2. ………………………………………………………………………………………………..
3. ………………………………………………………………………………………………..
4. ………………………………………………………………………………………………...
Two copies of the plans are retained in this office for record and reference and the rest are
returned herewith.
By Order
Authorized Officer
Authorized Officer
165
FORM-X
OCCUPANCY CERTIFICATE
1.
2.
3.
Date
166
FORM-XI
INDEMNITY BOND FOR BASEMENT
This Indemnity Bond is executed by Shri/Smt. _______________________ S/O,D/O,W/O
Shri/Smt. ___________________________________ R/O _________________________ in favour
of Development Authority.
Whereas, the executant has submitted to the concerned Authority the plans for, sanction of
basement over Plot No. ___________ Mouza/Village _____________ under the provisions of the Act
and Rules and Building Regulations made there under:
And whereas, the concerned Authority has agreed to sanction the aforesaid construction subject
to the conditions that the owner shall indemnify the concerned Authority in the event of any loss or
damage being cause to the adjoining building on account of the construction of the said basement
either at the time of digging of its foundations or in the course of its construction or even thereafter and
also against any claim of any concern thereto.
And whereas the executant has agreed to execute an indemnity bond to the above affect and
also to abide by the terms imposed by the concerned Authority to the grant of sanction for construction
of the basement.
Now this deed witnesses:
(a) That in consideration of the sanction of the plans by B.D.A.,Brahmapur for construction of
the basement the executant undertakes that he/she shall at all times keep B.D.A.,Brahmapur
free from any liability, loss or damages/flowing from any injury or damage caused to the
adjoining built-up properties or to any person as a consequence of the construction of at the
time of digging of its foundations or during the course of its construction or at any time
thereafter.
(b) The owner agreed and undertakes that in the event of any claim being made by any
person or persons against the concerned Authority either in respect of the sanction granted
by the concerned Authority to the owner for the construction of basement or in respect of
the construction or manner of construction of the basement by the owner of the
consequences flowing from the said sanction the executant shall be responsible and liable
and not B.D.A., Brahmapur.
(c) The executant agrees and undertake to indemnify the concerned Authority fully in
respect of any amount which the concerned Authority may be required to pay to any
person either by way of compensation or on any other account as a result of any claim or
suit or any other proceedings concerning the sanctioning of the construction of the
basement of the making thereof and also in respect of the costs and expenses which the
concerned Authority may incur on defending any action.
(d) Without prejudice to the above undertaking the executant hereby binds itself to pay to
B.D.A., Brahmapur to the full extent any amount which B.D.A., Brahmapur may be required
to pay to any person in connection with, relating to or concerning the sanctioning of the
basement or the making thereof.
167
(e) The owner agrees and undertakes that this bond shall remain in full force and effect till the
executant faithfully observes/performs the undertaking herein before contained.
In witness whereof the executant above named has signed this bond on this __________ day of
___________ at ___________________
Indemnifier
Witness :
(Signatures) __________________________________
1. Name __________________________________
(Signatures)
2. Name ___________________________________
(Signatures)
168
FORM-XII
(PART-I)
[See Regulation 75(1)]
BRAHMAPUR DEVELOPMENT AUTHORITY BRAHMAPUR
(Intimation regarding grid pattern of the layout)
From
To
……………………………………………..
………………………………………………
………………………………………………
Sir/Madam,
In inviting reference to the above, this is to intimate that the grid pattern of the layout plan
submitted by you on the above cited plots is satisfactory subject to compliance of the following
requirements within a period of three months.
1. Produce original ownership documents in respect of all the plots within the layout for
necessary verification.
2. Deposit an amount of Rs. ………… …(Rupees ……………………………………..
……………………….) only as developers fee as per Regulation.
3. Deposit an amount of Rs. ……………(Rupees. ............................. ……… …..…
……………………….) only as change of land use fee as per Regulation-82.
4. The width of the arterial road should not be less than 80’/60’ wide and all other roads in
the layout shall not be less than 40’/30’ wide. All the roads in the layout should be open
ended so as to facilitate their connection to the present or future roads in the adjoining
areas in a perpendicular, linear or curvilinear manner in that order of feasibility.
5. Demarcate the lands covered by roads, drains and open spaces and development
plans roads if any, and gift the same in favour of B.D.A. Brahmapur and submit the
original registered gift deeds along with attested copies of ROR and all other intermediate
deeds/documents and handover possession of the lands to the undersigned.
6. Construct masonry boundary pillars along the boundary of all open space lands and
duly plastered and engraved with capital letters BDA prominently on the four sides and
top of all those pillars. The pillars shall be located at all the boundary corners of the
open spaces and also at an interval of not more than 100 feet between any two adjoining
pillars. The size of the pillars shall not be less than 15”x15” with three feet below and
two feet above the ground level and they be white washed.
169
7. (a) Construct W.B.M. roads covering the entire width of road land between both
side drains of all roads as per the specifications i.e. compacted moorum
sub-base of 1’-0” thick 9” thick soling course and 4” thick metal layer compacted
with power roller. The thickness of various layers may be increased as per the
ground situations.
(b) All the roads shall be so constructed as to have a camber of at least six inches at
the centre.
8. (a) Construct masonry or concrete drains on extreme both sides of 60’/80’ wide
arterial road with an internal width and depth of not less than 1.2M (four feet)
and 1.0 M (three feet) respectively with adequate gradient to discharge the entire
drain water smoothly to the nearest public/natural drain/main drain to be
constructed.
(b) Construct masonry or concrete drains on extreme both sides of all other
roads with internal width and depth not less 0.6 M (Two feet) each and connected
to the main drains along the 60’/80’ wide arterial road or to the public/natural
drain/main drain to be constructed adequate gradient to discharge the entire drain
water smoothly.
9. (a) Construct cross drainage R.C.C.slab culverts by the sides of 60’/80’ wide arterial
road.
(b) Construct culverts not less than 60 cms. Diameter or two fact wide R.C.C. box
culverts for cross drainage works for all other roads.
10. Construct R.C.C. bridges with carriage of way of 40’ wide for 80’/60’arterial roads, 30’
wide for 40’ wide roads, 20’ wide for 30’wide roads on the natural drain adjoining/
passing through your layout so as to connect the 80’/60’/40’/30’ road as the case may
be to the adjoining areas. Alternatively you may pay the cost of the R.C.C. Bridge to
this Authority to take up the work. Your willingness to construct or pay the cost of the
bridge should be submitted within 15 days and thereafter you should complete the
construction of the bridge or pay the cost within three months as the case may be.
11. The entire land of the natural drain of varying width as per the revenue records adjoining/
passing through your layout should be excavated to a depth not less than 4’ (four feet)
from the ground level and grass turfing on the sides of the natural drain along the
boundaries of your layout shall be provided to protect the drain.
12. As the width of the land of the natural drainage course(s) passing through/adjoining
your layout is inadequate for smooth discharge of drain water you are requested to gift
free of cost ………………. M2 area of your land adjoining and along the natural drainage
course in favour of the Authority by a registered gift deed and excavated the entire
original and gifted area of the drainage course to depth not less than four feet from the
ground level and provide grass turfing on the both sides of the natural drain along the
boundary of your layout to protect drain.
13. As there is no natural drain adjoining/ passing through your layout you are required to
gift a strip of low laying land of width not less than three metres (10 feet) passing
through the entire layout areas in favour of the Authority by a registered gift deed and
excavate the drain on that land to a depth not less than one metre and width not less
than three metres and provide grass turfing on both sides of the drain for smooth
discharge of the entire drain water of that area.
14. The agriculture lands shall be got converted in to non-agricultural category U/S 8-A of
O.L.R. Act and certified copy of the conversion certificate or if the case is not disposed
off a letter to the Authority from Tahasildar about filing of the case be submitted.
170
15. Avenue plantation on both extreme sides of the road land of all the roads and plantation
within the open space area earmarked for parks and playgrounds within the layout
shall be taken up as per the following specifications.
(a) only fruit bearing and ornamental flowering species shall be planted alternatively
at an interval of not more than 30(thirty) feet.
(b) adequate physical protection measures like provision of gabions made of brick,
concrete or steel shall be provided for every plant.
16. Please not that this letter does not authorize you in any way to dispose off any portion
of the land covered by the layout and any such disposal in any manner will be violation
of Section 15 of the O.D.A. Act which is an offence u/s 90 of the said Act.
You are therefore requested to comply the above within a period of three months after
which the site will be inspected again to verify the quality and natural of the work undertaken by
you and if the said works are fully completed as per specification and to the satisfaction of the
Municipal Corporation/NAC ……………… the road & drain is to be free gifted in favour of the said
Urban Local Body through a registered deed. The open space & civic amenities space is to be
free gifted in favour of the Authority. Necessary permission will be accorded u/s 16 of the
O.D.A. Act 1982 on compliance of the above.
Yours faithfully,
Copy to the Tahasildar, Brahmapur /Chatrapur/Konisi with a request to take action u/s 8-A of
O.L.R. Act immediately. Cases references may please be intimated for record and reference.
FORM-XII
(PART-II)
BRAHMAPUR DEVELOPMENT AUTHORITY BRAHMAPUR
[Regulation-75(5)]
From:
Shri/Smt. ………………………………………..
………………………………………………..….
…………………………………………….……..
Sir/Madam,
Permission under sub-section (3) of Section 16 of the Odisha Development Authorities
Act, 1982 read with BDA Planning and Building (Standards) Regulation is hereby granted for
undertaking sub-division and development of lands for
(a) Residential purpose.
(b) Industrial Purpose.
(c) Commercial purpose.
(d) …………………….. purpose (Specify)
As per the layout plan approved and enclosed herewith in respect of the following lands
within ……………………. Municipal Corporation/NAC/G.P under the development area of B.D.A.
Brahmapur subject to the following condition.
Sl. Names of all owners Mouza Khata No. Plot No. Extent
No.
172
1. It is the responsibility of the permittees /owners to ensure that the provisions of ODA
Act the Development Plan, Zoning Regulations, the BDA Planning and Building
(Standards) Regulations and the layout plan approved and enclosed herewith are strictly
followed and complied in respect of development undertaken.
2. It is the responsibility of the technical person who has prepared the plans to ensure
that productions of the ODA Act, Development Plan, Zoning Regulations, the BDA
Planning & Building (Standards) Regulations and the layout plan approved and enclosed
herewith are strictly followed and complied by the owner or permittee in respect of any
development undertaken and any violations of contraventions thereof should at once
the brought to the notice of the authority in writing by Regd Post failing which he will run
the risk of his registration with BDA cancelled.
3. The same and number of layout plots shall not be altered nor any further sub-division
not combining of the layout plots is allowed.
4. The roads drains and other infrastructure shall be fully developed as per the BDA,
Planning & Building (Standards) Regulations and you shall maintain all the roads and
drains and preserve trees within the layout for a period of five years from the date of
issue of this permission or till the commenced local body takes over their maintenance
which ever is earlier. If you fail to maintain or improperly maintain the roads and drains
the security deposit amount is liable to will be forfeited.
5. This permission is valid for a period of three years only with effect from the date of its
issue within which period all the developments and provision of infrastructure shall be
completed and compliance reported to this Authority.
6. This permission is granted subject to the provisions of O.D.A. Act the development
plan, Zoning Regulations and the BDA, Planning & Building (Standards) Regulations. If
due to oversight or for any reason, it is subsequently found that the provisions of said
Act. Plan or Regulations have been infringed in granting this permission the Authority
reserves the right to amend or cancel the plans as and when such infringements
come to its notice and direct removal of such portions of the development in excess of
the amended or cancelled plans and in such an eventuality this authority shall stand
indemnified against any claim whatsoever on that count.
7. One copy of this permission letter and approved layout plan enclosed herewith shall
be displayed at the site at all times till the development is completed and any authorized
officer of BDA or local body has the right to inspect such development at all times and
no let or hindrance shall be caused to such officer.
8. This Authority shall stand indemnified and kept harmless against all proceedings in
any Court or before any authorities and all expenses losses or claims which this Authority
may incur or become liable as a result of in consequence thereof.
9. The land in question must be in lawful ownership and peaceful possession of the
permittee/owner and this permission shall not create alter or extinguish any title or
ownership of the land in any way.
10. The permission shall not be deemed to include unlawful use of others land or
encroachment of public land.
11. The permission granted earlier vide this office letter No. …………, Dtd ……….…..…
for development of the land on the above plot(s) is hereby cancelled.
12. The lands covered by the open space roads and drains and other public amenities as
per the layout plan approved and enclosed herewith shall be gifted free of cost to this
authority and the original registered gift deeds alongwith the attested copies of ROR
and all interim documents etc. shall be submitted and possession of such lands be
given to the authorized office of the authority within one month.
173
13. This permission shall be void ab initio, if any of the conditions imposed herein are
violated or contravened.
14. ........................................................................................................................................
........................................................................................................................................
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FORM-XIII
APPLICATION FOR DRAWING OF ATTENTION UNDER REGULATION- 67
From :
_______________________________
_______________________________
To
THE VICE-CHAIRMAN,
BRAHMAPUR DEVELOPMENT AUTHORITY,
BRAHMAPUR.
Madam/Sir,
I/We do bring to your kind notice that the Technical person who had supervised the
erection/re-erection of the building had submitted the completion certificate to the
Brahmapur Development Authority on _________ with respect to plot No. _______,
Khata No. ________ Village/Mouza _________ of _________ Municipal Corporation/
Municipality/NAC within Development Plan area of ___________ for issue of occupancy certificate.
Two months have elapsed since the submission of application and I/We have not received any
communication with respect to the said application. Please take notice that if within a further
period of two months from the date of receipt of this notice by you, no communication either
granting or refusing occupancy certificate is received by me/us, I/We shall presume that issue
of occupancy certificate as applied for has been granted in my/our favour.
Yours faithfully,
—————
Printed and published by the Director, Directorate of Printing, Stationery and Publication, Odisha, Cuttack-10
Ex. Gaz. 858—193+10