ASSAM NOTIFIED URBAN AREAS (OTHER THAN GUWAHATI) BUILDING RULES, 2014

PREAMBLE

In exercise of the power conferred by the sub-section (1) and clauses (xxii) to (xxvi) of sub-section (2) of section 301 of the Assam Municipal Act, 1956 (Assam Act No. 15 of 1957), read with section 22 of the Town and Country Planning Act, 1956 (Assam Act No. 20 of 1960), (As amended), the Governor of Assam is hereby pleased to make the following rules, namely:-

CHAPTER I INTRODUCTION AND DEFINITIONS

Rule - 1. Short title, extent, application and commencement.

(1)     These rules may be called the Assam Notified Urban Areas (Other than Guwahati) Building Rules, 2014.

(2)     It extends to the whole of Assam except the areas covered under clause (2) of Article 244 of the Constitution of India.

(3)     These rules shall be applicable to the municipalities under section 171 of the Municipal Act, 1956 (Assam Act no. 15 of 1957). The Development Authorities constituted under the provisions of the Assam Town and Country Planning Act, 1959, while taking any action under section 13 of the said Act, shall follow the provisions of these rules.

(4)     It shall come into force on the date of its publication in the Official Gazette.

Rule - 2. Definitions.

In these rules unless there is anything repugnant to the subject or context,

(1)     "Act" means the Assam Municipal Act, 1956 (Assam Act no 15 of 1957) and the Assam Town and Country Planning Act, 1959 (Assam Act no 2 of 1960), according to the context of the matter respectively.

(2)     "advertising sign" means any surface or structure with characters, letters or illustrations applied thereto and displayed in any manner whatsoever outdoors for the purpose of advertising or giving information or to attract the public to any place, person, public performance, article, or merchandise, and which surface or structure is attached to, forms part of, or is connected with any building or is fixed to a tree or to the ground or to any pole, screen, fence or hoarding or displayed in space, or over any water body included in the jurisdiction of the Authority;

(3)     "ancient monuments" mean the ancient monument as defined in the Ancient Monuments and Records Act, 1959 and The Ancient Monuments and Archaeological Sites and Remains Act, 1958, respectively;

(4)     "atrium" means a sky lighted central area, often containing plants, especially for common area;

(5)     "authority" shall mean local, regional or any other Authority appointed by the State Government for the purpose of administering these rules. Unless otherwise appointed by the State Government, the Authority in the case of a notified Municipal area shall mean the Town Committee, the Municipal Board or the Municipal Corporation as may be constituted from time to time under the provisions of the Assam Municipal Act, 1956 (Assam Act 15 of 1957) and in case of Master Plan area, other than notified Municipal area, shall mean the Development Authority constituted for that area under the provisions of the Assam Town and Country Planning Act, 1959 (Assam Act 2 of 1960);

(6)     "application" means an application made in such form as may be prescribed by the Authority from time to time;

(7)     "area" in relation to a building means the superficies of a horizontal section thereof made at the plinth level inclusive of the external walls and of such portions of the partition walls as belonging to the building;

(8)     "air-conditioning" means a process of treating air to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of an enclosed space;

(9)     "amenity" means and includes roads, street, open spaces, parks, recreational grounds, play grounds, gardens, water supply, electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences;

(10)   "balcony" means horizontal projection, cantilevered or otherwise including a parapet handrail, balustrade, to serve as a passage or sit out place;

(11)   "barsati" means a habitable room/rooms on the roof of the building with or without toilet/kitchen;

(12)   "basement or cellar" means the lower storey of a building, below or partly below the ground level consisting of one or more levels;

(13)   "black waste water" means waste water discharged by the water closet, urinals and municipal solid wastes;

(14)   "building" means a structure constructed with any materials whatsoever for any purpose, whether used for human habitation or not, and includes,

(a)      foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms, etc.

(b)      verandahs, balconies, cornices, projections etc;

(c)      parts of a building or anything affixed thereto;

(d)      any wall enclosing or intended to enclose any land or space, sign and outdoor display structures, etc:

Provided that all types of permanent building defined here, but structure of temporary nature like tents, hutment as well as shamianas erected for temporary purposes for ceremonial occasions, with the permission of the competent authority, shall not be considered to be "buildings";

(15)   "building height" means the vertical distance measured in the case of flat roofs from the average level of ground around and contiguous to the building, or as decided by Authority, to the terrace of last habitable floor of the building adjacent to external wall and in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof, and in the case of gabbles facing the road, the mid-point between the eaves level and the ridge. The architectural features serving no other function except that of decoration shall be excluded for the purpose of taking heights. If the building does not abut street, the height shall be measured above the average level of the ground around and contiguous to the building. For hilly areas, the vertical distance shall be measured from the lower floor level instead of average ground level as applicable in case of plain;

(16)   "building line" means a line which is in rear of the street alignment and to which the main wall of a building abutting on a street may lawfully extend and beyond which no portion of the building may extend except as prescribed in these rules;

(17)   "cabin" means a non-residential enclosure constructed of non-load bearing partitions;

(18)   "canopy" mean a cantilevered projection from the face of the wall over an entry to the building at the lintel or slab level provided that,

(a)      it shall not project beyond the plot line;

(b)      it shall not be lower than 2.3 m when measured from the ground;

(c)      there shall be no structure on it and the top shall remain open to sky;

(19)   "chimney" means a construction by means of which a flue is formed for the purpose of carrying products of combustion to the open air and includes a chimney stack and flue pipe;

(20)   "chajja" means a sloping or horizontal structural overhang provided over openings on external walls for protection from the weather;

(21)   "conversion" means the change from one occupancy to another occupancy or any change in building structure or part thereof resulting in a change of space or use requiring additional occupancy certificate;

(22)   "courtyard" means a space permanently open to sky, enclosed fully or partially by buildings and may be at ground level or any other level within or adjacent to a building;

(23)   "covered area" means the ground area covered immediately above the plinth level covered by the building but does not include the space covered by,

(a)      garden, rockery, well and well structures, plant nursery, water pool, swimming pool (if uncovered), platform round a tree, tank, fountain, bench, with open top and unenclosed on sides by walls and the like;

(b)      drainage culvert, conduit, catch-pit, gully-pit, chamber, gutter and the like; and

(c)      compound wall, gate, slide/swing door, canopy, and areas covered by chajja or similar projections and staircases which are uncovered and open at least on three sides and also open to sky;

(24)   "cornice" means a slopping or horizontal structural overhang usually provided over openings or external surface to provide protection from sun and rain;

(25)   "damp proof course" means a course consisting of some appropriate water proofing material provided to prevent penetration of dampness or moisture;

(26)   "drain" means any conduit or channel for the carriage of sewage and sewage water, storm water from one building or a portion of the building;

(27)   "drainage" means a system constructed for the purpose of removal of wastewater;

(28)   "dwelling" means a building or a portion thereof which is designed or used wholly or principally for residential purposes for one family;

(29)   "enclosed staircase" means a staircase separated by the fire resistant walls and doors from the rest of the building;

(30)   "existing building" means a building or structure existing authorisedly with the approval of the Authority before the commencement of these rules;

(31)   "existing use" means use of a building or structure existing authorisedly with the approval of the Authority before the commencement of these rules;

(32)   "external wall" means an outer wall of a building, not being a partition wall even though adjoining to a wall of another building and also means a wall abutting on an interior open space of any building;

(33)   "exit" means a passage channel or means of egress from the building, its floor to a street or other open space of safety, whether horizontal, outside and vertical exits as under,

(i)       "horizontal exit" means an exit, which is a protected opening through or around a fire well or bridge connecting two or more buildings;

(ii)      "outside exit" means an exit from building to a public way to an open area leading to a public way or to enclose a fire resistant passage leading to a public way;

(iii)     "vertical exit" means an exit used for ascending or descending between two or more levels including stair way, fire towers, ramps and fire escapes;

(34)   "Economically Weaker Section(EWS) Housing" means apartments or multi-storeyed house specifically developed for providing residential accommodation to the families belonging to the income groups viz., Economically Weaker Sections (EWS) with monthly income of Rs. 3300 per month or as per criteria laid down by Government of India from time to time;

(35)   "Lower income Group (LIG) Housing" means apartments or multi-storeyed house specifically developed for providing residential accommodation to the families belonging to the income groups viz. Lower Income Group with annual household income of Rs. 3300 to Rs. 7000 per month or as per criteria laid down by Government of India from time to time;

(36)   "fire and/or emergency alarm system" means an arrangement of call points or detectors, sounders and other equipment for the transmission and indication of alarm signals working automatically or manually in the event of fire;

(37)   "fire lift" means a special lift designed for the use of fire service personal in the event of fire or other emergency;

(38)   "fire-proof door" means a door or shutter fitted to a wall opening, and constructed and erected with the requirement to check the transmission of heat and fire for a period;

(39)   "fire pump" means a machine, driven by external power for transmitting energy to fluids by coupling the pump to a suitable engine or motor, which may have varying out puts/capacity but shall be capable of having a pressure of 3.2 kg/cm2 at the top most level of multi storey or high rise building;

(40)   "fire pump/booster fire pump" means a mechanical/electrical device that boots up the water pressure at the top level of a multi storeyed/high rise building and which is capable of a pressure of 3.2 kg/cm2 at the nearest point;

(41)   "fire resistance" means the time during which a fire resistance (Retardant) paint, which is one of the materials having certain degree of fire resistance, can contribute in the fire safety of a building when subjected to prescribed condition of heat resistance. The fire resistance test of structures shall be done in accordance with IS 3809-1979 Fire Resistance Test of structure;

(42)   "fire resisting building" means a building in which material, which has appropriate degree of fire resistance, is used;

(43)   "fire separation" means the distance in meters measured from any other building on the site of or another site, or from the opposite side of a street or other public space to the building;

(44)   "fire service inlet" means a connection provided at the base of a building for pumping up water through in built fire fitting arrangements by fire service pumps in accordance with the recommendation of the District Fire Officer;

(45)   "fire tower" means an enclosed staircase that can only be approached from the various floors through landings or lobbies separated from both the floor area and the staircase by fire resistant doors;

(46)   "fire hazard industries" means,

(i)       "Low Fire Hazard Industries" includes Engineering Industries using/processing or assembling non combustible materials i.e. lathe machines, steel works, steel components, etc.

(ii)      "Moderate Fire Hazard Industries" includes industries using/processing combustible materials but not flammable liquid etc., plastic industries, rubber, and PVC industries, textile, paper, furniture, flour mills, etc;

(iii)     "High Fire Hazard Industries" includes industries using/processing flammable liquids, gases, chemicals, petroleum products, plastic or thermo setting group, etc;

(47)   "floor" means the lower surface in a storey on which one normally walks in a building and does not include a mezzanine floor. The floor above it shall be termed as floor - 1, with the next higher floor being termed as floor - 2, and so on upwards;

(48)   "Floor Area Ratio (FAR)" means the quotient of the ratio of the combined covered area (plinth area) of all floors, excepting areas specifically exempted under these rules, to the total area of plot, viz.:

Floor Area Ratio (FAR) = Total Covered Area of All Floors x 100/Plot Area

(49)   "footing" means a foundation unit constructed in brick work, stone masonry or concrete under the base of a wall or column for the purpose of distributing the load over a larger area;

(50)   "foundation" means that part of the structure, which is in direct contact with ground and transmits load over it;

(51)   "front air plane" means the plane contained between the ground in front of the building and the straight lines drawn downwards and outwards from the line of intersection of the outer surface of any front wall of the building with the roof perpendicular to that line, and at an angle of 63-1/2 degrees to the horizontal. The 63-1/2 degrees angle has a tangent of 2:1 so that if the ground is the level, the air plane reaches the ground at a distance from the exterior wall equal to half the height of the above level of that ground;

(52)   "form" means forms appended to these rules;

(53)   "gallery" means an intermediate floor or platform projecting from a wall of an auditorium or a hall providing extra floor area, and/additional seating accommodation and includes the structures provided for seating in stadia;

(54)   "garage private" means an accessory building designed or used for the storage of motor driven vehicles owned or used by the occupants of the building to which it is necessary;

(55)   "garage public" means a building or portion thereof designed other than as a private garage, operated for gain, designed and/or used for repairing, servicing, using, selling or storing or parking motor driven or other vehicles;

(56)   "grey waste water" means waste water discharged from the bathrooms, sinks, showers and from washing clothes, and so on;

(57)   "green building" means a building which uses least possible quantity of water and electrical energy, optimizes energy efficiency, makes use of alternate sources of energy such as sunlight and solar energy, conserve natural resources including rain water harvesting, generate less waste in terms of energy and material and provides healthier spaces for occupants compared to a conventional building;

(58)   "ground floor" means storey, which has its floor surface nearest to the ground around the building;

(59)   "group housing" means apartments or multi-storeyed housing with more than 4 (four) building blocks in a plot where land is owned jointly and the construction is undertaken by a single agency;

(60)   "habitable room" means a room occupied or designed for occupancy for human habitation and incidental uses, but excluding kitchen, bath room, water closet compartment, laundry, serving and storing, pantry, corridor, cellar, attic, store room, pooja room and spaces not frequently used;

(61)   "hedge" means number of shrubs of trees (often similar species) planted closely together in the line. A hedge may be pruned to shape or allowed to grow to assume its natural shape;

(62)   "heritage building" means any building of one or more premises or any part thereof which requires preservation and conservation for historical, architectural, environmental, cultural or religious purpose includes such portion of the land adjoining such buildings as may be required;

(63)   "heritage zone" means the area around such heritage building as delineated by the Authority from time to time for restricting the height of building and use of building;

(64)   "high rise buildings" means all buildings 15 meter and above in height shall be considered as high rise buildings as per National Building Code of India, 2005. For high-rise building the following additional provisions of means of access to the buildings shall be ensured,

(i)       the width of main street on which the building abuts shall not be less than 12 meters and 1 (one) end of this street shall join another street not less than 12 meters in width;

(ii)      the road shall not terminate in a dead end, except in the case of residential building up to a height of 30 meter;

(iii)     compulsory open space around the high-rise buildings shall not be used as parking;

(iv)    adequate passageway and clearances required for fire fighting vehicles to enter the premises shall be provided at the Main Entrance, the width of such entrance shall not be less than 4.5 meter if an arch or covered gate is constructed, it shall have a clear head room of not less than 5 meter;

(65)   "illuminated exit signs" means a device for indicating the means of escape during normal circumstances and power failure;

(66)   "jali" means a grill or screen made of metal, brick, ferro-cement, wood or any other material which is placed in front of a window, door or any opening or piece of machinery in order to protect it;

(67)   "jhamp (awnings)" means a downward, vertical or sloping projection hanging below any horizontal projection like balcony, canopy, verandah, passage etc, to provide protection from direct sun and rain;

(68)   "jhot (land reserved for drain)" means a strip of land permanently left open for drainage purposes. It is not to be used as an access way or a street and is not to be included as a part of setbacks;

(69)   "katra or 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 of more than two rooms and with common sanitary arrangements;

(70)   "ledge" means a shelf-like projection supported in any manner whatsoever except by vertical supports within a room itself but without a projection of more than half a meter;

(71)   "Licensed Architect/Engineer/Supervisor/Plumber" means a qualified Architect/Supervisor, Engineer, Plumber who has been enrolled/licensed by the Authority;

(72)   "lift" means a mechanically guided car, platform for transport or persons and materials between two or more levels in a vertical or substantially vertical direction;

(73)   "lobby" means a covered space in which all the adjoining rooms open;

(74)   "loft" means an intermediate floor between two floors or a residual space in a pitched roof above normal level constructed for storage with maximum clear height of 1.5 meters;

(75)   "light plane" means the plane lying between the line of intersection of the floor of any room in a building with the outer surface or an exterior wall of the building and the straight lines drawn upwards and outwards from those lines drawn upward and outwards from lines perpendicular thereto an at angle of 63 1/2 degrees to the horizontal;

(76)   "masonry" means an assemblage of masonry units properly bound together by mortar;

(77)   "masonry unit" means an unit whose net cross-sectional area in every plane parallel to the bearing surface is 75% or more of its gross cross-sectional area measured in the same plane. It may be either of clay, brick, stone, concrete, sand lime brick or any other construction material;

(78)   "Master Plan" means a Master Plan as defined in the Assam Town and Country Planning Act, 1959 (Assam Act 2 of 1960);

(79)   "mezzanine floor" means an intermediate floor between two floors of any storey forming an integral part of floor below;

(80)   "mumti or stair cover" means a structure with a covering roof over a staircase and its landing built to enclose only the stairs for the purpose of providing protection from weather and not used for human habitation;

(81)   "means of escape" means an escape route provided in a building for safe evacuation of occupants;

(82)   "miniature circuit breaker(MCB)" means devices for tripping of electrical circuits in event of any fault in the circuit/installation;

(83)   "natural drain" means a drain which is a natural path that transmits natural stream water or storm water runoff from a point of higher elevation to a point of lower elevation;

(84)   "non combustible material" means a material which is not liable to burn or add heat to a fire when tested for combustibility in accordance with the latest code of Bureau of Indian Standards Method of Test for combustibility of building materials;

(85)   "open space" means an area forming an integral part of the plot left open to the sky for the purpose of these rules;

(86)   "owner" means the person, when used in reference to any premises who receives the rent of the said premises or would be legally entitled to do so if the premises were let out. It also includes,

(a)      an agent or trustee who is legally authorized to receive such rent on behalf of the owner;

(b)      a receiver, executor or administrator or a manager appointed by any court of competent jurisdiction to have the charges of or to exercise the rights of owner of the said premises;

(c)      a person having legal title ship over the premises/plot of land;

(87)   "parapet" means a low wall or railing built along the edge of a roof or a floor;

(88)   "parking space" means an area enclosed or unenclosed, sufficient in size to store an automobile or any other conveyance together with a drive way connecting the parking space with a street, or alley and permitting ingress or egress of all such conveyances;

(89)   "partition" means an interior divider of storey or part storey in height;

(90)   "permanent open air space" means an air space permanently open,

(a)      if it is a street;

(b)      if it is free from encroachment, is protected by any law or contract ensuring that the ground below it is either a street or is permanently and irrevocably appropriated as an open space;

(91)   "permission or permit" means a valid permission or authorization in writing by the competent Authority to carryout development or a work regulated by these rules;

(92)   "part wall" means and includes,

(i)       a wall forming part of a building and being used or constructed to be used in any part of the height or length of such wall for separation of adjoining building belonging to different owners or constructed or adopted to be occupied by different persons; or

(ii)      a wall forming part of a building and standing in any part of the length of such wall, to a greater extent than the projection of the footing on one side or ground of different owners;

(93)   "plinth" means the portion of a structure between the surface of the surrounding ground and surface of the floor immediately above the ground;

(94)   "plinth area" means the built up covered area measured at the floor level of the basement or of any storey;

(95)   "plot" means a parcel or piece of land enclosed by definite boundaries;

(96)   "porch" means a covered surface supported on pillars or otherwise for the purpose of a pedestrian or vehicular approach to a building;

(97)   "road/street" means any highway, street, lane, pathway, alley, stairway, passageway, carriageway, footway, square, place or bridge, whether public or private, whether a thoroughfare or not, over which the public have a right of passage or access or have passed and have access uninterruptedly for specified period, whether existing or proposed in any scheme and includes all bends, channels, ditches, storm water drains, culverts sidewalks, traffic islands, roadside trees and hedges, retaining walls, fences, barriers and railing within the street lines;

(98)   "retention activity" means an activity or use which is allowed to continue, notwithstanding its non-conforming nature in relation to the use permitted in the adjoining or surrounding area;

(99)   "road/street level or grade" means the officially established elevation or grade of the centerline of street upon which a plot fronts, and if there is no officially established grade, the existing grade of street at its mid-point;

(100)    "road/street line" means the line defining the side limits of a road/street;

(101)    "road width" means the whole extent of space within the boundaries of a road when applied to a development plan or prescribed road lines by any act of law and measured at right angles to the course or intended course of direction of such road;

(102)    "row housing" means a row of houses with only front, rear and interior open spaces;

(103)    "rear air plane" means the plane contained between the ground behind the building and the straight line drawn downwards and outwards from the line of intersection of the outer surface of any rear wall of the building with the roof perpendicular to that line and at an angle 63 1/2 degree to the horizontal;

(104)    "room height" means the vertical distance measured from the finished floor surface to the finished ceiling;

(105)    "service road" means a road/lane provided at the front, rear or side of a plot for service purpose;

(106)    "set back line" means a line usually parallel to the plot boundaries or center line of a road and laid down in each case by the Authority or as per recommendations of Master/Zonal Plan, beyond which nothing can be constructed towards the plot boundaries excepting with the permission of the Authority;

(107)    "settlement" means a human settlement, whether urban or rural in character. It includes habited villages, towns and the areas notified under the control of the Authority;

(108)    "site" means a parcel or piece of land enclosed by definite boundaries;

(109)    "Schedule" means the Schedule appended to these rules;

(110)    "site corner" means a site at the junction of and fronting on two or more roads or streets;

(111)    "site depth" means the horizontal distance between the front and rear side boundaries;

(112)    "site with double frontage" means a site having frontage on two streets other than corner plot;

(113)    "site, interior or tandem" means a site, access to which is by a passage from a street whether such passage forms part of the site or not;

(114)    "storey" means the portion of a building included between the surface of any floor and the surface of the next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it;

(115)    "spiral staircase" means a staircase forming continuous winding curve round a central point or axis provided in an open space having tread without risers;

(116)    "slum housing" means apartments or multi-storeyed housing specifically constructed for providing residential accommodation to Slum Dwellers in notified slum areas of BSUP/IHSDP schemes under JNNRUM of Government of India, RAY etc;

(117)    "to abut" means to be positioned juxtaposed to a road, lane, open space, park, building etc;

(118)    "to erect" means to construct a building for the first time or to reconstruct an existing building after demolishing it according to some fresh or revised plan;

(119)    "to re-erect" means a construction for a second time or subsequent further times a building or part of a building after demolishing it, on the same plan as has been previously sanctioned;

(120)    "to make material alterations" means to make any modification in any existing building by way of addition or alteration, or any other change in the structure which alters specification of the building or structure which shall also include,

(a)      conversion of a building or any part thereof for human habitation as one dwelling house into more than one dwelling house and vice versa;

(b)      conversion of a building or a part thereof suitable for human habitation into a dwelling house or vice-versa;

(c)      conversion of a dwelling house or a part thereof into a shop, warehouse or factory or vice-versa, and;

(d)      conversion of building used or intended to be used for one purpose such as a shop, warehouse or factory, etc., into one or another purpose.

Provided that opening of a window and providing inter-communication doors, modification in respect of gardening, transparent washing, painting, re-filling and other decorative works shall not be treated as making material alterations;

(121)    "use" means the purpose for which the building or a part of building is used or intended to be used and the term mixed use shall mean and include a building which is used for more than one use in different position of the building;

Classification of building based on the principal use shall be as follows:

(i)       Residential Buildings: These shall include any building, in which sleeping accommodation is provided for normal residential purposes with or without cooking or dining or both facilities, including one or two or multi-family dwellings, lodging dormitories, apartment houses, flats and hostels.

(ii)      Institutional Buildings: Institutional buildings ordinarily provide sleeping accommodation for the occupants and specialized non-commercial training centers. It includes hospital, sanatoria, custodial institutions and penal institutions like jails, prisons, mental hospitals and reformatories. These shall include any building used for school, college or day care purposes involving assembly for instruction, education or recreation where it is a part of education and other public and semi-public buildings.

(iii)     Assembly Buildings: These shall include any building or part of a building where groups of people congregate or gather for amusement, recreation, special, patriotic, civil travel and similar purposes, for example, marriage hall, theatre, motion picture houses, assembly halls, auditoria, libraries, exhibition halls, museums, skating rinks, gymnasium, restaurants, dance halls, clubs, passenger stations and terminals of air, surface and other public transportations services and stadia. These shall include any building used for religious purposes like prayers, puja, worship, religious or spiritual congregations, discourses, rituals and functions.

(iv)    Commercial Buildings: These shall include any building or part of a building which is used as shop, store, market for display and sale of merchandise either wholesale or retail, office storage or service facilities incidental to the sale of merchandise and located in the same building shall be included under this group. These shall include any building or part of a building which is used for transaction of business and/or the of a building which is used for transaction of business and/or the keeping of accounts and records therefore including offices, banks, professional establishment etc. if their principal function is transaction of business or keeping of books and records.

(v)      Industrial Buildings: These shall include any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembled or processed like assembly plants, laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies, factories etc.

(vi)    Storage Buildings: These shall include any building or part of building is primarily for the storage or sheltering of goods, wires, merchandise, like warehouses, cold storage, freight depots, transit sheds, store houses, garages, hangers, truck terminus, grain elevators, barns and stables.

(vii)   Multi-storeyed Building or High Rise Building: A building above 4 stories, and/or a building exceeding 15 meters or more in height above the average level of front road.

(viii)  Multi Level Car Parking Building: A building partly below ground level having two or more basements or above ground level, primarily to be used for parking of cars, scooters or any other type of light motorized vehicle.

(ix)    Office Building (Premises): includes a building or premises or part thereof whose sole use is for an office or for official purposes or clerical work. Official purposes include the purpose of administration, clerical works include writing, book-keeping, sorting of papers, typing, duplicating papers etc.

(x)      Hazardous Buildings: These shall include any building or part of a building which is used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which may produce poisonous fumes or explosions for storage, handling, manufacturing or processing which involve highly corrosive toxic or noxious alkalis, acids or other liquid or chemicals producing flame, fumes and explosive poisonous, irritant or corrosive gases, and for the storage, handling or processing of any material producing explosive mixtures or dust for which result in the division of matter into fine particles subject to spontaneous ignition.

(xi)    Special building: includes assembly, industrial, hazardous buildings, buildings used for wholesale establishments, hotels, hostels, centrally air conditioned buildings and which exceed 15 meters in height and have a total built up area exceeding 600 sq. m.

(xii)   Detached Building: Includes a building with walls and roofs independent of any other building and with open spaces on all sides within the same plot.

(xiii)  Semi-detached Building: A building detached on three sides with open space as specified in these rules.

(xiv)  Mixed Land Use Building: A building partly used for non-residential activities and partly for residential purposes.

(xv)   Unsafe Building: Includes a building which is structurally unsafe or in sanitary or not provided with adequate means of ingress or egress or constitutes a fire hazard or dangerous to human life or constitutes a hazard to safety, health, public welfare by maintenance, dilapidation, abandonment, all in relation to its existing use;

(122)    "unauthorized construction" means the erection or re-erection, addition or alternations which is not approved or sanctioned by the Authority;

(123)    "underground/overhead tank" means an underground/overhead water tank, constructed or placed to store water;

(124)    "ventilation" means the supply of outside air into a building through window or other openings due to wind outside and convection effects arising from temperature, or vapour pressure differences (or both) between inside and outside of the building.;

(125)    "water closet" means a privy with an arrangement for flushing the pan with water. It does not include a bathroom;

(126)    "window" means an opening to the outside other than a door, which provides all or part of the required natural light or ventilation or both to an interior space and used as a means of egress/ingress;

(127)    "Zonal Plan" means a plan detailing out the proposals of Master Plan and acting as a link between Master Plan and the Layout Plan. It may contain a site plan and land use plan with approximate location and extent of land uses such as public and semi public buildings/works, utilities, roads, housing, recreation, industry, business, markets, schools, hospitals, open spaces etc. It may also specify standards of population density and various components of development of the zone.

(128)    Words and expressions used in these rules and not defined, but defined in the Acts shall have the meanings respectively assigned to them in the Acts. 

CHAPTER II PROCEDURE FOR OBTAINING BUILDING PERMIT

Rule - 3. Notice.

Every person who intends to erect, re-erect or make alternation in any place a building or demolish any building shall give notice in writing to the Authority of his intention in the prescribed Form and such notice shall be accompanied by plans and statements. The plans shall be submitted in triplicate which may be of ordinary print on ferro-paper or any other print. One set of such plans shall be released and the rest shall be retained in the office of the Authority for record after the issue of permit or refusal, as the case may be.

Exemption: All Government (Central and State) or Semi Government Department except the Defence Department shall also forward copies of their plans to the Authority complying with all the provisions of these rules.

Rule - 4. Information accompanying application.

The application shall be accompanied by the location plan, site plan, sub-division/layout plan, building plan, services plan, specifications and certificate of supervision, ownership title and other documents as may be prescribed by the Authority in accordance with these rules as prescribed in Schedule II. In case of building schemes where the clearance is required from District Fire Officer, the number of copies of the plans and statements accompanying the application shall be 5.

Rule - 5. Size of Drawing Sheets and Colour of Plans.

(1)     The size of drawing sheets shall not be less than A2 size (420x594 mm) and font size shall not be less than 12.

(2)     Colour Notations for Plans: The plans shall be coloured as specified in table below:

Table 1

Colour Notation for Plans

(3)     Prints of plans should be on one side of the paper only.

(4)     All dimensions shall be indicated in metric units.

Rule - 6. Plans to be submitted for building application.

(1)     Key Plan: A key plan drawn to a scale of not less than 1: 10000 shall be submitted along with notice showing boundary and location of the site with respect of neighborhood land marks, in area where there is no approved layout plans.

(2)     Site Plan: The site plan to be sent along with the application for permit shall be drawn to a scale of 1:200 for plots upto 500 sq.m. in size and on a scale of 1:500 for plots above 500 sq.m. in size. The plan shall show the following:

(i)       the boundaries of the site and any contiguous land belonging to the owner thereof;

(ii)      the position of the site in relation to neighbouring street;

(iii)     the names of the streets on which the building is proposed to be situated, if any;

(iv)    all existing buildings standing on, over or under the site;

(v)      the position of the building and of all other buildings;

(vi)    all adjacent streets/buildings and premises contiguous to the site, structures notified under the Ancient Monument and Archeological Sites and Remains (Amendment and Validation) Act, 2010 (Central Act 10 of 2010) and military stations, if any;

(vii)   the means of access from the street to the building, and to all other building;

(viii)  space to be left about the building to secure a free circulation of air, admission of light and access;

(ix)    the width of the street, if any, in front, at the sides or rear of building;

(x)      the direction of north point relative to the plan of the buildings;

(xi)    any existing physical features such as well, drains, trees, over head electric supply lines etc.;

(xii)   the ground area of the whole property and the breakup of covered area on each floor with the calculation for percentage covered in each floor in terms of the total area of the plot as required under the Rules governing the coverage of the area;

(xiii)  parking plans indicating the parking spaces wherever required;

(xiv)  such other particulars as may be prescribed by the Authority; and

(xv)   building number or plot number of the property on which the building is intended to be erected.

Rule - 7. Layout Plan in-case of Land Sub-division.

(1)     The layout plan shall be formulated as per the norms of Master Plan and shall be approved as per the procedure followed by the Authority, under the provisions of relevant Act. Every person who intends to subdivide any plot of land or transfer any plot of land within Master Plan Area shall give notice in writing to the Authority of his said intention and such notice shall be accompanied by the plans and statements together with a development fees as prescribed in these rules and with necessary documents as prescribed in section 27 and 28 of Assam Town and Country Planning Act, 1959 (Assam Act 11 of 1960).

(2)     In all Residential Land sub-division/plotted development schemes with land area of 2.5 ha and above a minimum of 20% of total plotted area is to be earmarked/reserved for EWS/LIG category. Minimum plot size in respect of EWS shall not be less than 90 sq.m.

(3)     In all layout plans for plots measuring 2.5 ha and above, a minimum of 5% of the land is to be reserved for parks/playgrounds. This land has to be handed over to Authority for its development as parks/playgrounds free of cost.

Rule - 8. Landscape Plan.

Landscape plan is to be to submitted for plots measuring 10,000 sq.m. and above. The plans should be on a scale of 1:100 for plot upto 10,000 sq.m. in size and for plots above 10,000 sq.m. the scale shall be 1:500, indicating the circulation and parking spaces, pathways (hard surface), greenery and plantation (soft area) etc.

Rule - 9. Building Plan.

The detail plans of the building, elevations and sections accompanying the notice with dimensions shall be drawn to a scale of 1:100 and shall show.

(i)       the floor plans of all floors together with the covered area clearly indicating the size and spacing of all frame members and sizes of rooms and the position and width of staircases, ramps and other exit ways, lift ways, lift machine room and lift pit details;

(ii)      show the use or occupancy of all parts of the building;

(iii)     show exact location of essential services, for example water closet, sink, bath, etc;

(iv)    include sectional drawing showing clearly the sizes of the footings, thickness of basement wall, wall construction, size and spacing of framing members, floor slabs and roof slabs with their materials; The section shall indicate the heights of building and rooms and also the heights of the parapet and drainage and the slope of the roof; At least one section shall be taken through the staircase, kitchen and toilet, bath and water closet;

(v)      show the elevations from north, south, east and west directions;

(vi)    indicate details of service privy, if any;

(vii)   the dimensions of the projected portions beyond the permissible building line;

(viii)  the terrace plan indicating the drainage and the slope of the roof;

(ix)    the indications of the north point relative to the plan;

(x)      the details of parking spaces provided;

(xi)    the indication of all doors, windows and the other openings including ventilators with sizes in proper schedule; and

(xii)   such other particulars as may be required to explain the proposal clearly and as prescribed by the Authority;

Rule - 10. Building Plan for Multi-storeyed Buildings/Special Buildings.

For Multi-storeyed Buildings, which are above 4 storeyed or buildings above 15m. in height, the following additional information shall be furnished/indicated in the building plans:

(i)       access to fire appliances/vehicles with details of vehicular turning circle/and clear motorable access way around the building;

(ii)      size (width) of main and alternate staircase along with balcony approach, corridor, ventilated lobby approach;

(iii)     location and details of lift enclosures;

(iv)    location and size of fire lift;

(v)      smoke stop lobby/door where provided;

(vi)    refuse chutes, refuse chamber, services duct, etc;

(vii)   vehicular parking spaces;

(viii)  refuge area, if any;

(ix)    details of building services - air conditioning system with position of dampers, mechanical ventilation system, electrical services, boilers, gas pipes etc;

(x)      details of exits including provision of ramps, etc. for hospitals and special risks;

(xi)    location of generator, transformer and switchgear room;

(xii)   smoke exhaust system if any;

(xiii)  details of fire alarm system network;

(xiv)  location of centralized control, connecting all fire alarm systems, built-in fire protection arrangements and public address systems, etc;

(xv)   location and dimension of static water storage tank and pump room;

(xvi)  location and details of fixed fire protection installations such as sprinklers, wet risers, hose reels, drenchers, CO2 installations etc;

(xvii) location and details of first aid fire fighting equipment/installation;

(xviii)   the proper signs/symbols and abbreviation of all fire fighting systems shall be shown as per the relevant BIS codes;

(xix)  solar energy capture plan as prescribed in Schedule IV; and

(xx)   indemnity bond as prescribed in Schedule VII.

Rule - 11. Services Plan and Water Supply provisions.

(1)     Plans, elevations and sections of private water supply, sewerage disposal system and details of building services, where required by the Authority, shall be made available to a scale not less than 1:200.

(2)     For plots more than 10,000 sq.m. the following provisions shall be made:

(i)       separate conveying system to be provided for sewerage and sullage to facilitate reuse of sullage water for gardening and washing purposes. This may require suitable storage facilities that are to be indicated on the building plans;

(ii)      for recharging ground water, rainwater-harvesting provisions are to be provided within the plot, which are to be indicated on the building plans;

(iii)     general specification of the proposed construction giving type and grade of material to be used, duly signed by the Architect/Engineer/Supervisor may be shown, accompanying the notice, as the case may be;

(iv)    a certificate of supervision and execution of drainage/sanitary works by the Architect/Engineer/Supervisor, as the case may be, shall further accompany the notice.

Rule - 12. Signing of Plans.

(1)     All plans before submission to the Authority shall be duly signed by the owner(s) and by a qualified Architect who has valid registration with Council of Architecture/a technical person preparing the plan registered with Authority as specified in Chapter VII.

(2)     All layout plans before submission to the Authority shall be signed by the owner(s) and by one of the following:

(i)       Architect holding a valid registration with the Council of Architecture for Layout Plans of plots measuring more than 1 ha and below 10 ha;

(ii)      Town Planner holding valid registration with the Institute of Town Planners, India for plots measuring 10 ha and above.

Rule - 13. Notice for alteration.

When the notice is for an alteration of the building only, such plans and statements as may be necessary shall accompany the notice.

Rule - 14. Repairs.

No such notice shall be deemed necessary for repairs in any existing building.

Rule - 15. Deviation during construction.

If during the construction of a building any departure from the sanctioned plan is intended to be made, sanction of the Authority shall be obtained before any change is made.

Rule - 16. Withdrawal of notice.

The applicant may withdraw the notice and plans at any time prior to its sanction and such action shall terminate all proceedings with respect to such notice but the fees paid shall in no case be refunded.

Rule - 17. Inspection on submission of application.

First inspection shall be made within seven days following receipt of application during which the Authority through its own officials or hired agency shall examine that plan submitted complies with the requirement of these rules.

Rule - 18. Fees for permission.

(1)     No application, petition, notice or appeal to the Authority in respect of permission for any development or sale of land shall be considered valid by the Authority unless and until and the person giving the notice has paid the processing fees as per Schedule appended to these rules to the Authority. Provided that Central and State Govt. and the local Authority need not pay this application fees; Provided further that these shall be payable only once in respect of a particular application etc. until it is disposed of by the Authority and in relation to that particular application.

(2)     In the event of any doubt or dispute about any question relating to application fees the Authority's decision shall be final.

(3)     Rate of application fees for erection of new residential building (including group housing, institutional building religious, cultural etc.) are as given in Schedule VII. All other fees shall also be charged as prescribed in Schedule VII.

(4)     Application fees for re-erection, addition or alteration of an existing building shall be same as for erection of a new building prescribed in sub-rule (3).

Rule - 19. Grant of Permit or Refusal.

(1)     Should the Authority determine at any stage that the construction is not proceeding according to the sanctioned plan or is in violation of any of the provisions of these rules, it shall notify the permit holder and all further construction shall be stopped until correction has been effected and approved by the Authority. If the permit holder fails to comply with the requirements at any stage of construction, the Authority is empowered to cancel the building permit issued.

(2)     The Authority may either sanction or refuse sanction to the plans and specifications or may sanction them with such modification or directions as it may deem necessary and there upon shall communicate its decision to the person giving the notice in the prescribed Forms at 3 and 4.

(3)     The Authority shall issue permit for the building plans, on recommendation from the District Fire Officer, for the buildings requiring the scrutiny of the District Fire Officer.

(4)     If within 60 days of the receipt of notice as mentioned in these rules, the Authority fails to intimate in writing to the person who has given the notice, of its refusal or sanction to the notice with its plans and statements, the same shall be deemed to be sanctioned, provided that the building plan conforms to the provisions laid down in these rules. The intention of proceeding for construction should be brought to the notice of the authority in writing by the person who has given notice. On expiry of 15 days of giving such notice to the Authority and having not received any intimation, the applicant may proceed with the construction. However, nothing shall be construed to authorize any person to do anything in contravention or against the terms of the lease or title of the land or against any rules or Regulations, operating at the time of execution of the work at site.

(5)     Once the plan has been scrutinized and objections have been pointed out, the owner who has been given the notice under these rules shall modify the plan to comply with the objections raised and resubmit the modified plans. The Authority shall scrutinize the resubmitted plans and if, there are still some objections that shall be intimated to the applicant for compliance. Only thereafter the plan shall be sanctioned.

(6)     The owner and registered technical persons shall be individually and severally responsible for any violation of Master Plan/Zonal Plan/Building rules, architectural controls, lease deed conditions etc. In case of any default they shall be liable for penal action. Any construction so raised shall be deemed to be unauthorized.

Rule - 20. Duration of sanction.

The sanction once accorded shall remain valid upto three years. Subsequent renewal is permissible for another two years. If the building is not completed during this period, a fresh permission has to be obtained as per the rule. The owner/applicant has to produce completion certificate within the validity period of permission, failing which the permission is deemed to be cancelled.

Rule - 21. Revocation of Permit.

The Authority may revoke any building permit issued under the provisions of the rules, wherever there has been any false statement, misrepresentation of material facts in the application on which the building permit was based or, if during construction it is found that the owner has violated any of the provisions of the Building rules or sanctioned plan, as otherwise permitted under these rules. Fresh sanction of building plans and occupancy certificate shall be taken from the Authority after bringing the building within the framework of Master Plan/Zonal Plan/Building rules.

Rule - 22. Notice for Inspection on work commencement.

The Authority shall inspect the building during any stage of construction or thereafter.

Rule - 23. Completion Certificate.

(1)     The owner through the licensed architect, engineer, structural engineer, as the case may be, who has supervised the construction, shall give notice to the Authority regarding completion of work described in the building permission. The completion certificate shall be submitted in form numbers - 10, 11, 12 and 16 by four sets of completion as-built plan. One of the sets, duly certified as completion plan shall be returned to the owner along with the issue of occupancy certificate by the Authority.

(2)     It shall be incumbent on every applicant whose plans have been approved, to submit a completion report.

(3)     It shall also be incumbent on every person/agency who is engaged under these rules to supervise the erection or re-erection of the building, to submit the completion report.

(4)     No completion report shall be accepted unless completion plan is submitted.

(5)     The final inspection of the work shall be made by the concerned competent authority within 21 days from the date of receipt of notice of completion report.

Rule - 24. Occupancy Certificate.

The Authority, on receipt of the completion certificate, shall inspect the work and sanction or refuse an occupancy certificate, in the forms 24 or 25, as the case may be, within 21 working days from the date of receipt of completion certificate, after which period it shall be deemed to have been approved by the Authority for occupation provided the building has been constructed as per the sanctioned plans or within permissible limits as permitted within the provisions of these rules. Where the occupancy certificate is refused, the various reasons shall be quoted for rejection, at the first instance itself.

Rule - 25. Part Occupancy Certificate.

Upon the request of the holder of the building permission the Authority may issue a part occupancy certificate in Form 24 for a building or part thereof before completion of the entire work as per building permission provided sufficient precautionary measures are taken by the holder of the building permission to ensure public safety and health safety.

Rule - 26. Existing Buildings.

Nothing in these rules shall require the removal, alteration or abandonment, nor prevent continuance of use or occupancy of an existing building established lawfully and which is safe for the life and property.

(1)     If a building or a room in a building be in the opinion of the concerned urban local body (the Board of the body at a meeting) is unfit for human habitation then the provisions of section 181 of the Assam Municipal Act, 1956 shall be followed.

(2)     The Board before taking action under sub rule (1) shall obtain and consider report of the Structural Engineer regarding fitness of such building.

Rule - 27. Modification of plans.

(1)     All modification of plans if required shall be done by Authority within permissible parameters as provided under the provisions of these rules.

(2)     For change of use of a building or part of a building, the plan for part of the building in which change of use is proposed shall be submitted along with an application for the change of use. Processing fee shall be paid as specified in the Schedule VIII.

Rule - 28. Correspondence.

All correspondence with the applicant regarding building permission and Land Sale Permission shall be posted to the correspondence address provided at the time of application. This includes all objection letters relating to Building Permission and Land Sale. Postal fee with self-addressed envelopes, as per requirement, maybe collected along with the application.

Rule - 29. Qualification and competence.

Qualification and competence of Town Planner/Architect/Engineer/Supervisor/Fire Consultant/Urban Designer are given in Chapter VII of these rules.

Rule - 30. Debarring or black-listing professionals indulged in professional misconduct.

(1)     The Authority reserves the right to take action and to debar/black list the, Architect, Engineer, Supervisor or Plumber, if found to have deviated from professional conduct or to have made any misstatement or on account of misrepresentation of any material fact or default either in authentication of a plan or in supervision of the construction against the building rules and the sanctioned building plans.

(2)     If the sanctioning Authority finds at any time any violation of the building rules or misrepresentation of fact, or construction at variance with the sanction or building rules, inclusive of the prescribed documents, the Authority shall be entitled to revoke the sanction and take appropriate action against such professional and such professional shall not be authorized to submit fresh plans till finalization of the case. Before debarring or blacklisting such professional if found to be indulging in professional misconduct or where she/he has misrepresented any material fact the Authority shall give him a show cause notice with a personal hearing and shall pass a speaking order to debar her/him for submission and supervision of the construction with full justification for the same. An appeal against this speaking order shall lie with the Authority with whom she/he is registered.

Rule - 31. Provision to ensure compliance of sanctioned plan, etc.

To ensure compliance as per sanctioned plan, submission of completion certificate and occupancy of building on receipt of occupation certificate,

(i)       in G+3 building and above, the owner is required to hand over an area of 10% of the total built-up area to the sanctioning authority by way of a notarized affidavit. The 10% area handed over to the Authority shall be released on submission of Completion Certificate by owner alongwith the Occupancy Certificate issued by authority;

(ii)      for buildings upto G+2, two times the property tax shall be levied if occupancy certificate is not obtained by the owner for Authority.

Rule - 32. Un-authorised Construction.

(1)     In case of unauthorized construction, the Authority shall take suitable action, which may include demolition of unauthorized works and sealing of premises.

(i)       It shall be lawful for the Authority to demolish the construction carried out in excess of the approval plan or not in conformity with the provisions of these rules. The Authority shall make an order of such demolition

(ii)      It shall be lawful for the Authority to proceed for sealing of the building that has been constructed without a sanction plan or the construction undertaken is in deviation of the approved plan. The Authority shall make an order of such sealing.

(2)     When any erection of work or building has been sealed, the Authority for the purpose of rectification of the deviation or for the purpose of demolishing, may order the seal to be removed. No person shall be allowed to remove the seal, except under an order by the authority.

(3)     Any deviation from approved plan shall be corrected by demolition of the unauthorized part of the construction except that if a building or part thereof has been constructed without obtaining the required building permit from the Authority but in conformity with Building Byelaws. Tolerance in case of dimensional errors shall be permitted up to 0.15m.

Rule - 33. Precode Building Permit.

Where any building permit which has been issued by the Authority before the commencement of these building rules and where construction is in progress and has not been completed within the specified period from the date of such permit, the said permission shall be deemed to be sanctioned under the rules and shall only be eligible for revalidation there under. Accordingly, where the validity of sanction has expired and construction has not commenced, construction shall be governed by the provisions of these building rules.

CHAPTER III STANDARDS FOR BUILDING OTHER THAN HUTS

Rule - 34. Foundation and Structural design.

(1)     The structural design of foundation, elements made by masonry, timbers plain concrete, reinforced concrete, pre-stressed concrete and structural steel shall be carried out in accordance with the prevailing I.S. code of practice taking into consideration the seismic load required to be taken for this region.

(2)     All materials and workmanship shall be of good quality conforming generally to accepted standards of A.P.W.D. and Indians Standard specification and codes as included in N.B.C. of India.

(3)     All walls internal or external shall be provided with an efficient damp proof course not less than 150 mm above ground level.

Rule - 35. Site Specification.

No piece of land shall be used as a site for the construction of a building if,

(i)       The Authority considers that site is in sanitary or that it is dangerous to construct a building on it;

(ii)      There is no approach road with width of at least 3.60 m, excluding 90 cm x 2 = 1.80 m width for drains on both sides of the approach road;

(iii)     If any plot is situated in already developed areas and the means of access is less than the minimum prescribed width, the Authority may consider the proposal with 50% coverage and 100 FAR;

(iv)    (a) No building shall be constructed on any sites or on any part of which there is deposited refuse excrete or other offensive matter to which the health Authority objects until such refuse has been removed there-from and the site has been prepared or left in a manner suitable for building purpose to the satisfaction of the Authority:

Provided that where it is intended to construct a building on piles or non reinforced concrete pillars, the Authority may insist for appropriate treatment of the site by chemicals or in some other manner to the satisfaction of the health Authority and to be covered by a layer of sand or other suitable material to a depth of not less than 150 mm thick;

(b) No building shall be erected on a site liable to flood or on a slope forming an angle of more than 45 degree with the horizontal or on soil unsuitable for percolation unless it is proved by the owner to the satisfaction of the Authority that erection of such a building shall not be dangerous or injurious to health or involve danger from flooding or erosion or cause undue expenditure of public fund in the provision of roads, sewage, sanitation, water supply or other public services.

(c) No building shall be erected on a site which comprises or includes a pit, quarry or other excavations or any part thereof unless such site has been prepared or left in a manner and condition suitable for building purposes to the satisfaction of the Authority.

(d) Whenever the dampness of site or the nature of the soil renders such precaution necessary the ground surface of the site between the walls of any building erected thereon shall be covered with a layer of sound cement concrete not less than 150 mm thick or with asphalt paving on a layer of sound cement concrete not less than 150mm thick or with asphalt paving on a layer of closely packed broken stone hard cake not less than 150mm thick or otherwise rendered damp proof to the satisfaction of the Authority.

Rule - 36. Means of access.

(1)     No building shall be erected so as to deprive any other building of the means of access.

(2)     Every person who erects a building shall not at any time erect or cause or permit to erect or re-erect any building, which in any way encroaches upon the diminished area set apart as means of access.

(3)     For the purpose of Buildings in these rules, the following provisions of means of access shall be ensured.

Table 2

Means of Access to Buildings

(4)     No permission shall be given without provision of drains as maintained in sub-rule (3).

(5)     The width of a street/road means the clear average width of the existing carriage way and footpath and drains only on which the building or plot abuts. The minimum width of this existing road prescribed by Authority shall be taken for calculating the maximum permissible height of building. The average width shall be computed by taking the width of the road at the last junction point leading to the plot, in front of the plot and at the point where road width is minimum, in cases where the width of the street/road is not regular or uniform all along the length of the road; however in the newly developed area Authority shall have the power to refix the minimum road width from time to time considering the developments in these areas.

(6)     If there are any bends or curves on the approach road, a sufficient width shall be provided at the curve to enable the fire appliances to turn, the turning circle being at least of 6 m radius.

(7)     Main entrance to the premises shall be of adequate width to allow easy access to the fire engine and in no case it shall measure less than 5 m. The entrance gate shall fold back against the compound wall of the premises, thus leaving the exterior access within the plot free for movement of fire service vehicles. If archway is provided over the main entrance the height of the archway shall not be at a height less than 4m.

(8)     For group housing scheme up to 11.5 m height there shall be a space of minimum 3m between individual building. For other multi-storeyed building there shall be a space of minimum 4.8 m between individual buildings. 5% of the total area is to be utilised for organized recreational area/gardening.

(9)     The minimum distance of any building from the edge of natural drainage channels should be 4.5m.

(10)   For newly developed areas and where roads are newly proposed, the means of access should not be less than 9 meters.

Rule - 37. Plinth.

No person shall construct any building with its lowest flat or floor,

(i)       less than 0.5m and more than 0.75m above the ground level of the plot;

(ii)      the ground level should not be raised more than 0.5m from the finished surface of the nearest street level to be fixed permanently by concerned Authority, like the Municipal Board, Town Committee, Development Authority, etc., as the case may be, in the plain areas. As for the hilly area of the city, the local condition shall be considered. However, the proposal is to be framed with minimum of hill cutting, without effecting adjoining plots;

(iii)     bath rooms, water closets, cowsheds, garages, courtyards and godowns may be constructed at 0.2 m plinth height from the ground level (either existing or formed by filling or cutting);

(iv)    0.3 m higher than the highest recorded flood level, which is to be certified by the local authority.

Rule - 38. Floor.

The floors of all ground floor rooms, walls should be efficiently damp proofed.

Rule - 39. Brick Wall.

(1)     In the case of load bearing wall it should be strong enough to take the super imposed load.

(2)     No external brick wall should be less than 125 mm thick.

Rule - 40. Wattle created wall.

The construction of wattle created walls should be as follows:

(i)       the maximum area of one framed panel of the wall should not exceed 2 sq.m. in the case of line plaster and 3 sq.m. in the case of cement plaster;

(ii)      the thickness of such wall should not be less than 15mm;

(iii)     the detail construction of such wall should be according to the rules as laid down in Assam General specification published by PWD.

Rule - 41. Boundary wall/Compound wall.

(1)     Except with the special permission of the Authority, the maximum height of the compound wall shall be 1.5m above the centerline of the front street.

(2)     Compound wall up to 2.4 m height may be permitted if the top 0.9 m is of open type construction of a design to be approved by the Authority.

(3)     In case of a corner plot the height of the boundary wall shall be restricted to 0.75m for a length of 10m on the front and side of the intersections and balance height of 0.75m if required in accordance with 41 may be made up of open type construction(through railings) and of design to be approved by the Authority. In case of corner plot, the boundary wall should be sufficiently rounded off to give a clear view of the other roads. However the junction round off radius shall not be less than 4.5m.

(4)     The provisions of sub rule 1 are not applicable to boundary wall of jails, in industrial buildings, electric sub stations, transformer stations, institutional buildings, like sanatoria, hospital, industrial buildings like workshops, factories and educational buildings like schools, colleges, including the hostels, and other uses of public utility undertakings and height up to 2.4 m may be permitted by the Authority.

(5)     Compound gate should open entirely inside the property and shall not open on any access/pathways/road/street.

Rule - 42. Number of rooms.

(1)     Every dwelling structure shall have not less than one living room, one kitchen and a latrine.

(2)     In existing developed areas and in cases of reconstructions, if there is no space, bathroom and a latrine may not be insisted upon in case community baths and latrine are available; otherwise a latrine must be provided.

(3)     However, one set of latrine and bathroom may be allowed in the rear yard in ground floor with a height of 2.4m only by maintaining 1m setback from plot boundary.

Rule - 43. Minimum sizes of rooms.

(1)     No room in a residential house which is intended to be used as an inhabited room shall have a floor area of less than 9 sq.m.

(2)     The minimum width of a living room shall not be less than 2.4m.

(3)     The minimum height of a living room should be 3.0m in any floor. In hilly areas this may be reduced to 2.4m and in centrally air conditioned building this may be 2.5m.

(4)     The height of the ground floor for Commercial Buildings in a commercial street should not be less than 4.8m.

Rule - 44. Slope of pitched roofs.

Except with special permission of the Authority no slope of pitched type roof shall be more than 45 degrees and less than 26 degrees.

Rule - 45. Latrines and Lavatories (in general).

(1)     No domestic building shall be constructed unless sanitary type latrine is provided for the use of the persons inhabiting the building.

(2)     Every domestic building constructed in the sewered area in the city or town shall be provided with a water closet.

Rule - 46. Served Latrine.

No service latrine shall be allowed within the town area

Rule - 47. Septic tanks.

Where a septic tank is used for sewage disposal, the location, design and construction of the septic tank shall conform to requirement of subsequent clause.

Rule - 48. Location of Septic Tank's Sub-surface Absorption System.

A sub soil dispersion system shall not be closer than 18m from any source of drinking water supply. It shall also be as far removed from the nearest habitable building as economically feasible but not closer than 1m to avoid damage to the structure. It shall be far as at least at a distance of 1 m from the boundary wall of the nearest plot.

Rule - 49. Requirements of Septic tank.

(1)     Septic tanks shall have minimum width of 0.75m minimum depth of one meter below water level and a minimum liquid capacity of one cubic meter. Length of tanks shall be 2 to 4 times the width.

(2)     Septic tanks may be constructed of brickwork, stone masonry, concrete or other suitable material as approved by Authority.

(3)     Under no circumstance should effluent from a septic tank be allowed in to an open channel, drain or body of water without adequate treatment.

(4)     Minimum nominal diameter of pipe shall be 100 mm. Further at junctions of pipes in manholes, direction of flow from a branch connection should not make an angle exceeding 45 degree with the direction of flow in the main pipe.

(5)     The gradients of land drains, under drainage as well as the bottom of dispersion trenches and soak ways should be between 1:300 and 1:400.

(6)     Every septic tank shall be provided with ventilating pipe of at least 50 mm diameter. The top of the pipe shall be provided with a suitable cage of mosquito proof wire mesh. The ventilation pipe shall extend to a height, which would cause no shell nuisance to any building in the area. Generally, the ventilating pipe may extend to a height of about 2m when the septic tank is at least 15m away from the nearest building and to a height of 2m above the top of the building when it is located closer than 15m.

(7)     When the disposal of septic tank effluent is to seepage pit, may be of any suitable shape with the least cross-sectional dimension of 90 cm and not less than 100 cm in depth below the invert level of the inlet pipe. The pit may be filled with stone, brick or concrete blocks with dry open joins, which should be backed with at least 7.5 cm of clean coarse aggregate. The lining above the inlet level should be finished with mortar. In the case of pits of large dimensions, the top portion may be narrowed to reduce the size of the RCC cover slab, where no lining is used, specially near trees, the entire pit should be filled with loose stones. A masonry ring may be constructed at the top of the pit to prevent damage by flooding of the pit by surface run off. The inlet pipe may be taken down a depth of 90 cm from the top as an anti mosquito measure.

(8)     When the disposal of septic tank effluent is to a dispersion trench shall be 50 to 100 cm deep and 30 to 100 cm wide excavated to a slight gradient and shall be provided with 15 to 25 cm of washed gravel or crushed stones. Open jointed pipes placed inside the concrete and shall have minimum internal diameter of 75 to 100 cm. No dispersion trench should be longer than 30m and trenches should not be placed closer than 1.8m.

Rule - 50. Bathrooms.

(1)     Every building designed or used for human habitation shall be provided with bathrooms as follows:

(i)       a building or part thereof designed or used for occupation by separate families on containing separate apartment shall have one bathroom for each family or apartment;

(ii)      a building designed or used for human habitation other than in separate apartments shall be provided with one bathroom or shower room to every closet.

(2)     Following conditions should be followed while planning the bathroom:

(i)       if the bath room is attached to any dwelling room of the house the wall in between shall be solid masonry of 1.0m high from the floor of the bath room;

(ii)      there shall be a floor area of not less than 2 sq.m. of which the smallest side should not be less than 1.2m.;

(iii)     it shall have a window of a superficial area of not less than 0.2 sq.m. and it shall open upon minimum wide open space or open to an open verandah of not more than 1.8m wide opening on to such open space, or to any duct, the sizes of which should be as prescribed in clause light and ventilation of rooms;

(iv)    it shall have an impermeable floor made of smooth, hard material having a suitable fall of 1 in 30 for the drainage of the water;

(v)      the height of the bathroom should not be less than 2.4m.;

(vi)    in dwelling containing not more than two bedrooms access from the bedrooms to an only bathroom shall be had without passing through another habitable room.

(vii)   in dwelling containing 3 or more bedrooms access to the bathrooms from 2 of the bedrooms shall be had without passing through another habitable room.

Rule - 51. Kitchen.

Every room used as a kitchen shall be provided with a flue for the escape of the heated air and shall have,-

(a)      A superficial floor area of not less than 3.35 sq.m. of which the smallest side should not be less than 1.5m;

(b)      Height of kitchen roof should not be less than 3.0m;

(c)      A window of not less than 0.5 sq.m. superficial area opening directly into the external air and to a duct, the size of which should be as prescribed in rule 53.

Rule - 52. Open space for ventilation.

(1)     Every domestic building shall be constructed that in every living room there shall at least one side abutting on a space either external or internal verandah.

(2)     Every open space external or internal required by this rule shall be kept free from any erection thereon and open to the sky.

Rule - 53. Ventilation of rooms.

(1)     Every room in a residential building which is intended to be used as an inhabited room shall be provided for the purpose of light and ventilation with windows, clear storey windows, doors and apertures having a total area of not less than 1/6 of the floor area of the room.

(2)     When any habitable room excepting bath, water closet, store room, kitchen and dining are not abutting on either the front side or rear open space it shall abut in an interior open space where minimum width shall be 3 m.

(3)     For ventilating the spaces for water closet., bath, store, kitchen and dining if not opening on any open space, shall open on the ventilation shaft the size of which is given below:

Table 3

Specification as per use

(3)     Stores, backroom and the like will have at least half of the ventilation required for living rooms. When such ventilation by apertures in walls is not possible or advisable, at least there shall be ventilation by means of a flow or chimney.

(4)     Laundry and Recreation room located above the basement shall be lighted by window located in exterior walls having openings of not less than 10% of the floor area.

(5)     Basement and Cellars and all rooms located therein, except storage rooms shall be lighted and ventilation area of not less than 5% of the floor area.

(6)     Every kitchen shall be ventilated according to the standards of habitable rooms.

Rule - 54. Height Regulation.

No rooms for human habitation shall be constructed of height less than that determined by the following regulations:-

(i)       there shall be minimum of 3.0m measured from the surface of the floor to the next floor above it;

(ii)      there shall be maximum of 3.0m measured from the surface of the floor to the lowest point of the ceiling, the joints or beams etc, provided that for the commercial streets, the height of the ground floor shall not be less than 4.8m.;

(iii)     maximum height of the building and additional requirement shall not exceed 3 storey or a height of 11.5m without the following additional provisions for open space all around the building except in cases where otherwise specified;

(iv)    the side and rear setback shall be increased by 0.3m for every 1.5m additional height of the building in addition to the setback already prescribed in this rule subject to maximum of 4.5m side setback and 6.0m rear setback;

(v)      building height shall not exceed 1.5 times of the width of the road plus front open space;

(vi)    residential building should not be cut by 45 degree angle line drawn from the opposite edge of the road. However, building up to two storeys is exempted of it;

(vii)   for the purpose of height calculation width of the road shall be taken as existing road width.

(a)      lift machine room, staircase, parapet height shall not be included in the height of the building;

(b)      for a building constructed on stilt with provisions of ground level parking floor or semi-basement parking floor, the height of the building shall be calculated by omitting the height of the parking floor up to a maximum of 2.7 m for the purpose of building height subject to provision of exclusive parking in the ground floor with special earthquake resistance measure. But for additional set back calculation, height of building shall be calculated from actual ground level;

(c)      the following appurtenant structure shall not be included in the height of the building:

roof tanks and their support not exceeding 1.5m in height

ventilating, air-conditioning, lift rooms and similar service equipments, stair covered with room upto 3.0 m in height, chimney and architectural features not exceeding 1.5 m in height.

(viii)  building above the height of 15 m shall require necessary clearance from District Fire Service;

(ix)    for a building with a height 12m or above 4 floors including the ground floor, at least one lift shall be made available. For EWS and LIG buildings of 15 m and above, at least 1 lift is to be provided as provided in National Building Code of India;

(x)      maximum height of parking floor shall be 2.7 m measured up to the soffit level;

(xi)    if a building is situated on two or more streets of different widths, the building shall be deemed for the purpose of those rules to face the streets which has the greater width and height will be as per these rules.

Rule - 55. Corridors and Passage.

In a residential house the width of any corridor or passage shall not be less than 1m and for hotel 1.5m clear. For shopping complex it shall not be less than 1.8m up to a length of 15.0m and 2.1m above the length of 15.0m, Assembly building like auditorium, cinema 2m, educational building 1.5m, all other building 1.5m.

Rule - 56. Post, Post plate, Truss etc.

(1)     In the case of wooden posts these should be firmly fixed with the post and pillar by means of two or more flat iron straps bolted together.

(2)     The flat iron strap should at least be 0.60m inserted in to the post pillar and at least 0.15m above for bolting with the post.

(3)     The wooden posts should be made of well-seasoned Sal wood or any other first class hard local wood. The size of such posts should not be in any case less than 100mm x 100mm or in the case of circular post diameter should not be less than 150mm.

(4)     Only on special ground/case found fit by the Authority on condition given to him thatched roof house shall be allowed within the Master Plan area.

Rule - 57. Water supply.

(1)     Every living unit shall have available, a supply of safe water obtained from any of the following sources:

(i)       public or municipal water if available;

(ii)      a drilled, driven or dug well or tube well

(2)     The total requirements of water supply shall be calculated based on the population as given below. The requirements of water supply for various occupancies shall be as specified/revised by the Authority from time to time.

Table 4

Water Supply as per Occupancy

Rule - 58. Standard for RCC wells for drinking water.

(1)     The minimum inside diameter of the well should not be less than 0.9m.

(2)     The minimum height of the well above the floor of the platform should not be less than 1.1m.

(3)     All RCC wells should be provided with an outwardly slipping platform of cement concrete (prop. 1:4) and a circular pitch cover roof of G.I. sheets on wooden post height of which above the floor of the platform should not be less than 2.1m.

(4)     The well shall be at a distance of not less than 15.0m from any refuse pit and soak pit of sanitary latrine.

(5)     Kutcha well only be permitted in fields or gardens for purpose of irrigation.

(6)     The Authority/State Government shall give separate special regulations for digging deep tube wells, and such regulations shall be binding on all concern.

Rule - 59. Basement.

(1)     The construction of the basement shall be allowed by the Authority in accordance with the land use and other provisions specified under these rules which are as follows:

(a)      basement can be constructed up to minimum prescribed setbacks line and beyond prescribed building lines;

(b)      basement shall not be permitted in low lying areas and areas without adequate drainage facilities to ensure drainage from the basement;

(c)      every basement shall be in every part at least 2.4 m in height from the floor to the underside of the roof slab or ceiling;

(d)      adequate ventilation shall be provided for the basement. Any deficiency may be met by providing adequate mechanical ventilation in the form of blowers, exhaust fans, air conditioning system etc;

(e)      adequate arrangements shall be made such that surface drainage do not enter the basement;

(f)       the walls and floor of the basement shall be watertight and be so designed that the effect of the surrounding soil and moisture, if any, are taken into account in design and adequate damp proofing treatment is given;

(g)      the access to the basement shall be separate from the main and alternate staircase providing access and exit from higher floors, where the staircase is continuous in case of building served by more than one staircase the same shall be of enclosed type serving as a fire separation from the basement floor and higher floors; and

(h)     if such ramps are provided in basement parking floor the gradient of it should be minimum 1:5 and the height of 2.4 m is to be maintained at the entrance also.

(2)     Basement may be put to only the following uses:

(a)      storage of household or other goods of ordinary non combustible material;

(b)      strong rooms, banks cellars etc;

(c)      air conditioning equipment and other machines used for services and utilities of building subject to satisfaction of the Authority;

(d)      parking spaces and

(e)      air conditioned shopping which will then be counted in FAR.

Rule - 60. Numbering of houses.

All building and sites shall be given a number by the Authority and no other number shall be used by the owner or occupier. This number shall be displayed in an approved manner on the building so as to be visible from the road.

Rule - 61. Barrier-free building.

Provisions for differently-abled persons shall be as per provisions prescribed in Schedule III.

Rule - 62. Electricity and Telephone Connection.

(1)     No verandah, balcony or the like shall be allowed to be erected or re-erected or any additions or alterations shall be made to a building in a site within the distance specified below determined in accordance with the Indian Electricity Rules, 1965, between the building and any overhead electric supply line, subject to modification of these rules from time to time in Indian Electricity Rules 1965.

Table 5

Specifications for Electricity

(2)     In all buildings a 7.5 mm x 75 mm underground duct to be provided at suitable location from boundary of plot for allowing telephone cable in to the premises.

Rule - 63. Staircases.

(1)     Every staircase shall be suitably lighted and properly ventilated through an external wall.

(2)     The minimum clear width of staircases in case of domestic building shall not be less than 0.9m.

(3)     The minimum clear width of staircases in case of public building shall not be less than 1.5 m for every 300 persons who are expected to use the building. The furthest corner of the building shall not be more than 18 m distance from the staircase.

(4)     The minimum rise and minimum breadth of tread of staircases shall be as follows:

Table 6

Specifications of Staircases

(5)     Interior staircase may be constructed with fire resistant materials throughout.

(6)     A staircase shall not be arranged around a lift shaft, unless the latter is entirely enclosed with material with fire resistant rating and that for type of construction itself. For building more than 15.8 m in height, the staircase location shall be to the satisfaction of the Authority regulating fire safety and the distance from the furthest corner of the building to the staircase should not be more than 18 m.

(7)     The minimum head room in a passage under the landing or under the staircase, if provided shall be 2.2m.

(8)     All buildings which are more than 15 m in height and all buildings used as educational, assembly, institutional, industrial store and hazardous occupancies and mixed occupancies having area more than 500 sq.m. on every floor shall have minimum two staircases. At least one of them shall be on external wall of buildings and shall open directly to the exterior/interior open space as to an area of safety. The provision or otherwise of alternative staircase shall be subject to the requirement of travel distance being complied with.

(9)     The use of spiral staircase (fire escape) shall be limited to a building 12.8 m in height and to be connected with external balconies and shall be designed to give adequate head room.

(10)   Ramps other than for parking floor shall have slope of not more than 1: 10 provided that in case of public office, hospitals, slope of ramps shall not be more than 1: 12. The minimum width of the ramps for hospitals should not be less than 2.0m.

Rule - 64. Layout and open space.

Where in a particular area a number of plans for erection of building are coming up or the Authority feels that a layout plan is necessary for guiding the development of a particular area the Authority may prescribe or insist on a layout plan to be approved by the Authority. In all layout plan a minimum of 5% of land is to be reserved for open space/playground.

Rule - 65. Parking space.

(1)     One parking space shall be provided for every car or scooter in accordance to the type of use of the building, as given below:

Table 7

Parking Specifications

(2)     (a) For calculation of total car parking area, the area of one car parking space shall be as specified under this section on parking space;

(b) for calculation of scooter parking space, one car parking space shall be equivalent to 6 scooter parking;

(c) 2.5 car parking space shall be equivalent to one parking space of heavy vehicle in Industrial and Whole-sale, Warehouse buildings.

(3)     In all building of various uses except residential buildings as mentioned above, parking space of each car and scooter has to be provided with the following specifications:

(a)      in providing the parking, care has to be taken that 50% of the open space is left for landscaping and not counted for in the parking calculations;

(b)      at least 25% of the open space reserved as organized open space which should be clearly shown in the service plan.

(4)     In addition to parking requirement specified in Table 7, for Multistoried Apartments, Commercial Complex and Nursing Homes, following parking provisions has to be made in these complexes for visitors/shoppers, which should be easily accessible from the approach road.

(5)     No extension of existing building shall be allowed by Authority if the parking provision required for the whole building as per bye law is not made available in the new proposal.

CHAPTER IV BUILDING SPECIFICATIONS AS PER USE

Rule - 66. Regulation for Residential use.

(1)     The minimum plot size of residential builder shall be as specified in the table below.

Table 8

Minimum Plot Size for Residential Use

(2)     Within the Municipal area the Authority may allow relaxation of the provisions regarding plot size, with the following conditions on FAR and coverage, on appeal before appropriate authority.

Table 9

Density wise Plot Size

 FAR.

 Coverage

(3)     The minimum width of plot of residential building shall be as specified in the table below:

Table 10

Minimum Width of the Plot for Residential Use

(4)     The minimum setback of the building or the structure from the prescribed street line shall be as follows:

(i)       Front Setback.

Every building fronting a street shall have a front space from the prescribed street line forming an integral part of the site as below. In case of building abutting two or more streets both the streets shall be considered for determining front setback building.

 Below height of 11.5 m

In case of building abutting two or more streets both or all the streets shall be considered for determining front setback building.

(ii)      Side Setback:

(a)      for high density zones side setback shall be 1.5 m;

(b)      for medium density zones setbacks shall be 1.5 m; and

(c)      for low density zone side setback shall be 1.8 m.

(iii)     Rear setback for all density zone shall be 3.0 m

However, for Multi-storeyed residential buildings, all setback norms of multi-storeyed apartment shall be applicable as given in following table:

Table 11

Set-back specifications for Multi-storeyed Apartments

(a)      a plot abutting a street with a width of above 15 m, the minimum front setback shall be calculated according to the width of the abutting street;

(b)      the side and rear set backs for buildings above 11.5 m. shall be as per the maximum height of the building and additional requirement as specified in these rules.

Rule - 67. Regulation for commercial buildings.

The regulations for commercial buildings shall be as specified below

(1)     Minimum plot size should be 167.4 sq. m, while minimum width of plot should be 7.5m.

(2)     When setback is up to the height of 11.5 m,

(a)      minimum front set back of 3.0 m with 1.5 m cantilever in upper floor;

(b)      minimum side set back - a minimum of 1m has to be maintained in each side which can be relaxed to only one side if the adjoining plot owner agrees to have a common wall with his building;

(c)      minimum Rear Setback-Up to plot depth of 18 m, should be 1.5 m. while above plot depth of 18 m, should be 3.0 m with maximum 1.5 m projection on the upper floors;

(d)      if any part of the ground floor or any other upper floor is used for residential purpose or for human habitation, the side set back of the building shall be as per the high density residential zones;

(e)      a plot abutting a street with a width of above 15 m, the front set back shall be calculated according to the width of the abutting street.

(3)     Additional rear and side setback for a building when height is above 11.5 m shall be as follows:

(a)      if the height is from 11.5 m up to 15 m., the rear setback shall be 3 m and side setback shall be 1.5 m;

(b)      side and rear setback should be increased by 0.3 m for every 1.5 m of additional height of the building in addition to the set backs already prescribed for a building of 15 m height up to a maximum of 1.5 m of additional set backs on both rear and sides.

Rule - 68. Regulations for buildings to be used for Whole Sale purposes shall be as follows.

Rule - 69. Regulation for Public and Semi Public Use Buildings shall be as follows.

Rule - 70. Regulation for Industrial Buildings shall be as follows.

Rule - 71. Regulation for Special Use Buildings shall be as specified below.

(To be applicable in all zones where it is permitted/permissible)

(1)     Nursing Homes/Hospitals

(2)     Place of Worship (Applicable for new proposals)

(3)     Cinema Hall and Auditorium

(4)     Filling Station

(i)       Minimum Plot size - 31 m x 17 m

(ii)      Petrol filling station with servicing bed shall have minimum plot size - 37 m x 31 m

(5)     School Building

Table 12

Specifications for Educational Institutions

(i)       Organised Parking - 20% of the total plot area;

(ii)      organised recreational open space - 20% of the total plot area; and

(iii)     for Govt. institutions, regulations adopted by Education Department shall be followed.

Rule - 72. Regulations for development of U-type building.

As an encouragement for developing U-type Commercial complexes/Residential/Apartment/Group Housing, the set backs of sides and rear, excluding the front set back, can be reduced provided,

(i)       the area so saved is transferred to the central area/space or court yard;

(ii)      the minimum open space on sides and rear except front shall be 1.5 m for building of 11.5m height and 2.4m for building above 11.5m; and

(iii)     minimum plot size for performing such development shall be 500 sq. m.

Rule - 73. Minimum plot size of builders other than Apartments.

The minimum area of the plot for a multi storeyed building other than apartment of 15 m height and above, shall be 4 katha.

Rule - 74. FAR, Coverage and width of access.

The floor area ratio (FAR), the coverage and the width of the access road for the various type of building is as given below:

(1)     Residential

(i)       The FAR for different widths of access road shall be:

(ii)      The coverage for different plot sizes shall be:-

Note: In case of plots having access road of 6m or more but with plot sizes smaller than 300 sq.m., the FAR could be enhanced up to 200.

(2)     Commercial and Residential-Commercial (Mixed Use)

(3)     Others

Note: For other type of buildings not specifically mentioned above, Authority shall decide considering the similarity of the building with the above use.

(4)     Maximum mezzanine area allowed is 33% of plinth area which shall not be counted in FAR if it has access from only Ground Floor. The height of the mezzanine shall be 2.2m (min) to 2.7m (max).Any built-up in excess of 33% for mezzanine shall be removed by demolition.

(5)     Basement shall not be counted for FAR calculations for following uses:

(i)       Storage of household goods of non inflammable material;

(ii)      Dark rooms, strong rooms and bank cellars etc;

(iii)     Air conditioning and other machines used for services and utilities of the building;

(iv)    Parking places and garages;

(v)      Stack rooms and libraries;

(vi)    If the basement is used for office or commercial purpose it shall be counted in FAR.;

(vii)   While calculating the FAR following areas are exempted from FAR calculation-lift, staircases and entrance lobby, cupboard space, sentry box, guard room, caretakers room and rain harvesting structures.

Rule - 75. Additional Area Calculations.

(1)     Partial unenclosed balcony length/breadth in upper floors upto a minimum set back line of 1.5 m from plot boundary shall be allowed subject to a maximum width of 1.5 m.

(2)     The projection of cantilever or cupboard or shelve upto 0.75 m in depth shall be permitted and exempted from covered area calculation. This shall be allowed only from the first floor and shall not exceed 2.0 m per habitable room and cupboard under windows.

(3)     A canopy not exceeding 4.5 m in length and 2.5 m in width in the form of unenclosed cantilever over the main entrance with a clear height of 2.2 m below the canopy shall be allowed.

Rule - 76. Additional Requirement for Multi-storeyed and Special Buildings.

(1)     Service plan showing the following details of private water, sewerage disposal system and building services where required by the Authority shall be made available on scale not less than 1:100 and it shall also include the following:

(i)       for outlet from the soak-pit to municipal drain if provided an intermediate treatment chamber shall be installed details of which is to be shown in service plan subject to the approval of Authority and provision made under these rules where ever required;

(ii)      garbage vent;

(iii)     organised open space as specified in these rules;

(iv)    details of building services including,

(a)      air conditioning system, if any;

(b)      detail of exist including provisions of ramps, etc. for hospital and special risk building;

(c)      location of generator, transformer and switch gear;

(d)      smoke exhauster system and fire alarm, if any;

(e)      location of centralized control of all fire alarm systems, if any;

(f)       location and dimension of static water storage and pump house;

(g)      location of fire protection installation, sprinklers, wet risers, etc, if any (N.B.- These shall generally be as per specifications of National Building Code 2005)

(h)     size (width) of main and alternate staircase along with balcony approach, corridor and ventilated lobby approach;

(i)       in case of nursing homes and hospitals, detail of incinerator for treatment of hospital waste is to be submitted and clearance from appropriate Authority under the Assam Health Establishment Act 1993 and the rules framed there under shall be required; and

(j)       detail provision made of conservation and harvesting of rain water to be provided as provided in these rules.

(v)      (a) NOC from the District Fire Service shall be required for building above the height of 15.8 m.

(b) In addition to this NOC, it shall be mandatory to provide all provisions of Part (4) of NBC 2005, for fire and life safety in the building.

(2)     General specifications of the proposed construction giving type and grade of material of public use along with soil testing report and structural details as given in Forms 20, 21 and 22 duly signed by architect/engineer/supervisor/group shall accompany the application for buildings above three storey.

(3)     The structural design, constructional standard etc. of all multi storeyed buildings are required to be supervised during construction at three stages at (1) foundation (2) plinth/ground floor (3) upper floor in the manner described below:

(i)       the individual/promoter is required to get their construction checked at mentioned three stages of construction through licensed technical empanelled persons before proceeding with next stage of construction failing which the Authority may revoke the permission;

(ii)      the supervision under this sub-rule shall be done by the concerned empanelled technical persons;

(iii)     the individual Promoter/Developer is required to employ technical personnel of suitable competence for daily supervision of construction work.

(4)     Engineers Group, Structural Engineers, Geo Technical Engineers/Consultants, Supervisors shall be licensed/enrolled by Authority as competent to do various works as specified in these rules as Architects registered by the Council of Architecture under the Architect Act 1972, are not required to be registered if they provide satisfactory proof of their valid Registration under the said Act.

(5)     The Authority under the provisions of the Assam Town and Country Planning Act, 1959 shall take penal action for violation of Master Plan/Zoning Regulations or Rules as prescribed therein the Act.

(6)     For construction of any public and apartment building of height above 12.0 m,

(i)       the structural design is required to be done as per IS code of practice by a licensed Structural Engineering consultant and the structural calculations, designs and drawings and specifications are certified by this consultant;

(ii)      the soil testing report on which the design is based is required to be obtained from a licensed Geo technical consultant;

(iii)     for public buildings and apartments, permission for construction shall not be granted unless,

(a)      The builder submits detailed calculations of structural design along with copies of structural drawings and specifications certified by the structural engineering consultants;

(b)      Provision is made for appropriate treatment of septic tank effluent, sullage water, garbage and drainage of waste water;

(c)      Authority may go for proof checking of structure design through a structural designs review panel to be setup by the Authority.

(iv)    record of construction progress be intimated to the Authority and stage for recording progress certificate (format to be given by Authority) and checking is given below:

(a)      plinth in case of basement before casting of basement slab;

(b)      first storey;

(c)      middle storey if incase of multistoried building;

(d)      last storey;

(v)      the progress certificate in Form no. 6, 7, 8 and 9 as the case maybe is to be signed by owner/developers/builders.

(vi)    the progress certificate shall not be necessary in the following cases:

Alteration in building not involving the structural part of the building.

Extension of existing residential building on the ground floor upto maximum 15 sq.m. in area.

(7)     Availability of source of water supply is to be ensured by the builder and permission to be submitted, before the Authority grants permission for construction of a multi-storied building. Report of test boring and other study to ascertain the availability of ground water may be called for if the source of water is groundwater.

(8)     Electrical installation, proper location and space for electrical facilities as per Indian Electricity Rules 1965 is be provided in all buildings above 15 m height and all works of lift installation must comply with requirement of B.I.S. codes of practice and relevant provisions of Indian Electricity Rules and shall be approved by the Chief Electrical Advisor, Government of Assam.

(9)     Improvement of drains up to the nearest outlet point is to be made as directed by Authority, with additional 25% of the cost of improvement is not done as directed by Authority.

(10)   Provisions of National Building Code 2005 shall apply in case of those provisions, which are not specified in these rules.

(11)   All other regulations not specifically mentioned here shall be applicable as per the provision of zoning regulations.

(12)   Authority may ask for any other information considering special nature of building and location of the plot.

Rule - 77. Cinemas, Theatres and Assembly Hall.

In addition to any other rule applicable to such buildings, the following shall apply:

(i)       every room in such building as mentioned above shall be lighted and ventilated by doors, ventilators and windows abutting on an interior or exterior open air space which shall not be less than 1/5 of the total floor area; provided if exhaust is installed or if it is air conditioned, the requirement of this rule shall be suitably relaxed by the Authority;

(ii)      gangways and passages must not be more than 6.0 m apart. No seat must be more than 3.0 m from gangway or passage;

(iii)     a gangway or passage must be at least 1.2 m wide and they shall be provided at least one in the center and one of each side;

(iv)    the height of the bottom balcony or the gallery shall not be less than 3.0 m from the floor of the auditorium and depth under the balcony shall not be more than 3 times the clear height. The clear distance between the backs of two successive rows shall not be less than 0.9 m, but for seats with rocking backs it may be 0.8 m;

(v)      the maximum rake of the floor of the auditorium shall not be more than 1 in 20;

(vi)    the maximum width of the balcony steps shall be 0.8 m. Provided that for the front, and rear step, this distance is 0.9 m;

(vii)   the maximum rise of the balcony steps shall be 0.4 m;

(viii)  the maximum height of the roof or ceiling at the highest step of the balcony shall be 3.0 m and at no place the distance between the nosing and lowest projection ray shall be less than 2.4 m;

(ix)    in the case of the cinema the farthest seat shall not be more than 45.0 m anyway from the screen;

(x)      the angle of seating shall not be less than 60 degree and the front row shall not be nearer to the screen than the half of its width;

(xi)    the position and height of the screen be regulated in such a way that the maximum angle of the line of vision from the seat to the top of the screen shall not exceed 35 degrees;

(xii)   no corridor leading to any stair case or exit passage shall be less than 1.5 m in width;

(xiii)  no corridor shall be used for any purpose other that the exit and entrance from the auditorium;

(xiv)  entrance and exit doors shall be provided at a rate of not less than one door of a dimension of 1.5 m in width and 2.4 m in height for every 200 individuals or part thereof;

(xv)   all outdoors for the use of the public be made open outward and in such a manner that when open they shall not obstruct any gangway of passage or stairway or landing;

(xvi)  the access to the auditorium if it is on the upper storey or the galleries shall be provided by not less than two independent stairs of fire proof construction. Such stairs at no place shall be less than 1.5 m clear in width;

(xvii) no staircase shall have a flight of more than 15 steps or less than 3 steps and width of the landing between such flight shall be the same width of the staircase. The tread of the step shall not be less than 250 mm and rise not more than 150 mm;

(xviii)   no space less than 2.4 m in height shall be allowed under the floor of the auditorium;

(xix)  the cinematograph machine room shall be substantially constructed of fire resisting material or lined with such material.

Rule - 78. Factories and building of the ware house class.

(1)     Every room in such building shall be lighted and ventilated by sufficient number of windows, ventilators and skylight exclusive of doors having clear opening not less 1/15 of the floor area abutting such open space: provided that this requirement may be relaxed if artificial lighting and ventilation are installed to the satisfaction of the Authority.

(2)     The height of the ground floor and each of the upper floors shall not be less than 4.2m and 3.9m respectively and the height of the cellar of basement shall in no part be less than 2.4m provided that these rules shall not apply to the extension of the ground floor and upper floors of the existing building.

CHAPTER V MISCELLANEOUS

Rule - 79. Special regulations for construction in hilly areas.

(1)     The Authority may ask for detailed topographic Survey map of the site, showing the proposed ground levels of the plot and the remedial construction measures to check the undesired erosion that may affect the adjoining areas. The Authority may also give special direction for framing the proposal in such a way which involves least disturbance to the natural terrain and keeping of bare land which is not allowed.

(2)     If terrace cutting is done for building constructed on hill, the depth and slope of the cut shall be restricted according to the soil characteristics of the area.

(3)     Adequate drainage provision shall be kept to the satisfaction of Authority so that rain water and waste water can drain out from the plot without causing soil erosion.

(4)     In hilly areas with slope greater than 10ø special protection measures shall have to be provided as specified by the Authority. Local ground conditions shall be taken into account in the determination of the appropriate precautionary work and protection walls as well as relevant code of BIS Code of Practice.

(5)     The maximum height of cutting for development shall generally be 4m to 6m and cutting of slope over a height of 6m shall not be ordinarily permitted. Height of 6m earth cutting shall be from face of 1st cutting.

(6)     If however the Authority feels that special protective measures are required in the plot prior to any construction of building, it may be allowed by the Authority in such plot unless the protective measures are completed as directed by the Authority first.

Rule - 80. Environmental aspects and landscaping.

(1)     The Authority may impose special provision for landscaping, in special type of building/plot, that is, nature and number of plantation to be carried out, maintenance of vegetable cover in the plot for the environmental up gradation of the area and to restrict soil erosion.

(2)     In every plot at least 20% of the land shall be utilized for tree plantation and greenery.

(3)     The Authority may impose special condition to the developer to develop the road and drain abutting that particular plot, provided that if the developer agree to contribute towards the development charge for developing adjoining roads and drains or decides to relinquish a part of these land for improvement of road, drain or creation of open space for the locality without asking for any compensation to the satisfaction of the Authority, it may consider allowing additional proportionate FAR in that particular plot.

(4)     In Group Housing project and projects where a number of apartment blocks are proposed in a single plot, the Authority may impose special regulations for drains, recreational open space, garbage disposal etc. in addition to the regulations contained in these rules.

Rule - 81. Earmarking/reservation of Dwelling Units (DU) for Economically Weaker Section (EWS)/Low Income Group (LIG).

(1)     In all housing projects both public and private, 20-25% of the developed land shall be reserved for the EWS and LIG category housing.

(2)     In every Group Housing Scheme in a plot of minimum 4000 sq.m. at least 10% of the total units each shall be set apart and developed for EWS dwelling units with maximum plinth area of 34 sq.m. and for LIG dwelling units with max. plinth area of 48 sq.m. respectively.

(3)     The owner/developer is given freedom to build these units in a separate block with separate access with option to develop only EWS dwelling units in lieu of LIG.

(4)     Servant quarters constructed shall be reckoned towards EWS housing requirements in Group Housing Scheme.

(5)     Provision of extra FAR (if the houses are constructed by the developer or private agencies and through co-operative societies and the dwelling units are made available at a subsidized and an affordable price to EWS/LIG) for EWS/LIG shall be available to the developer or private agencies in the same group housing scheme. For example, if the developer or private agencies constructs 2000 sq meter built up area for EWS/LIG the developer shall get additional Floor Area of 2000 sq meters in addition to the permissible FAR, provided that, the total FAR shall not exceed 15% of applicable FAR for the relevant land use.

Rule - 82. Conservation and Harvesting of Rain water.

(1)     Effective measures shall be taken within each premise for conservation of rainwater, and rainwater-harvesting structures at least to the following standards and method as provided in Schedule VI and the same shall be provided; the same shall be shown in the plan applied for permission:

(a)      for buildings of height upto Ground + 1 Floors, percolation pits of 30 cm diameter and 3m depth may be made and filled with broken bricks (or pebbles) for 2.85 m and the top covered with perforated Reinforced Concrete Cement (R.C.C.) slab. These percolation pits may be made at intervals of 3m center to center along the plinth boundary. The rain water collected in the open terrace may be collected through a 150 mm PVC (Poly Vinyl Chloride) Pipe laid on the ground and may be allowed to fall in the percolation pits or into a open well through a seepage filter of 60 cm x 60 cm (filter media broken bricks) provided before the open well which shall improve the ground water level. A dwarf wall of 7.5 cm height is built across the entry and exit gates to retain water and allow it to percolate within.

(b)      for special building, Group Developments, Multi-storeyed Buildings, Industries and Institutional Building there shall be a pebble bed of 1 metres width and 1.5 metres depth all round the building and filled with rounded pebbles of 5 centimeter to 7.5 centimeter size. The concrete paving around the building has to be sloped at about 1 in 20 towards the pebble bed, so that rain water from the terrace and side open spaces flow over this pavement and spread into the pebble bed around. Dwarf walls in masonry of 7.5 centimeter, height shall be constructed at the entrance and exit gates to retard rainwater collected into the compound from drawing out to the road.

(2)     Additional regulations for all buildings.

(a)      in the ground floor, floor level of water closets shall be at least 0.9 metres above the road level to ensure free flow;

(b)      all centrally air conditioned buildings shall have their own wastewater reclamation plant and use reclaimed wastewater for cooling purposes.

(3)     In addition, every Group Housing Scheme, Apartment or commercial complexes and Institutional buildings etc. shall be provided with required facilities and infrastructure for conservation and harvesting of rain water, namely:

(a)      Percolation Pits:

The paved surface around the building shall have percolation pits of 1.2m x 1.2m x 1.2m covering at least 30% of such area. Such pits shall be filled with small pebbles or brick jelly or river sand and covered with perforated concrete slabs;

(b)      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 rain water collected to be discharged out to the soil if it is dirty;

The filtering tank measuring 0.6 m to 1.2 m square can be constructed near the sump. A tank can be divided by a perforated slab and one part shall be filled by small pebbles and other by brick jelly. The bottom portion of the tank shall have slope to avoid stagnation of water;

(c)      Open Ground:

Whenever there is open ground a portion of top soil shall be removed and replaced with river sand to allow slow percolation of rain water.

(d)      Piped recharged.

Rule - 83. Re-use of Recycled/Waste Water.

(1)     Roof top rain water may also be collected and discharged by filtration directly into a well. Diameter of such pipes shall not be less than 75 mm, one such pipe shall be provided for every 100 sq.m. of roof area.

(2)     Every group housing scheme/apartment and commercial complexes/institutional buildings shall be provided with installation of system of recycling of wastewater from bathrooms and kitchen sinks (excluding water closets) The final treatment plant shall recycle water which shall be reused for purposes other than drinking such as gardening, landscaping, and washing of roads/pathways and so on. Accordingly the space for a wastewater treatment plant is mandatory to be proposed in the layout and constructed as per the approved norms and specifications in case of,

(i)       residential layouts, areas admeasuring 4,000 sq.m. or more;

(ii)      group housing/apartment building if the area admeasures 2,000 sq.m. and above or if the consumption of water is 20,000 liters per day or if it is a multi-storied building with 20 or more apartments;

(iii)     commercial complexes/institutional/hotel and lodges/industrial buildings etc. if the built-up area is 1,500 sq.m. and more or water consumption is 20,000 liters per day;

(iv)    hospitals/nursing homes with 40 or more beds.

(3)     Every group housing schemes/apartment etc. shall make provisions of facilities and infrastructure to recycle the wastewater(Grey Water) from bath rooms and kitchen sinks in following manners:

(i)       each building shall have a separate downward pipeline to collect waste water from bath and wash basins and the collected waste water shall be treated adequately by organic or mechanical recycling and taken to a Settling tank for onward pumping to the exclusive overhead tank or to a separate collection unit of over head tank for exclusive use of toilet flushing through cisterns. The excess waste water not reused for toilet flushing shall be suitably connected to the rain water recharge structures for ground water recharge.

Explanation: For the purposes of these rules in regard to recycling systems are concerned, any other modifications, additional structures, alternative designs furnished by the applicant shall be considered for approval, if it conforms to recycling concept to the satisfaction of the competent authority for building plan approval;

(ii)      the tank shall be large enough to hold twice the expected daily flow of wastewater plus 40% to allow sludge accumulation and surge loading. One type of settling tank well-suited for grey water treatment is a septic tank with aeration facility. (area requirement approx. 8 sq.m. per m3 of wastewater)

(iii)     two chemicals, namely, chlorine and iodine may be used to disinfect water. Organic material in grey water may combine with chlorine reduce amount available for disinfection. Filter or settling tank is advisable before disinfection;

(iv)    type of filter required depends on amount of grey water to be filtered and type of contaminants present, viz., simple drain filter, activated charcoal, cellulose or ceramic cartridge, slow sand or multimedia filters etc, could be used based on specific requirement;

(v)      grey water for reuse to be collected in separate unit and provision is made for a separate overhead tank for storage of recycled grey water for use of toilet flushing and gardening/landscaping purpose only;

(vi)    lying of dual pipe lines is necessary, viz., one for carrying potable water and other for carrying grey water duly marked in orange colour and laid separately for the ease of identifying the pipe carrying grey water;

(vii)   if separate point to draw water for gardening, landscaping and washing is provided, it shall be provided with an adequate warning that the water is not fit for drinking.

Rule - 84. Regular notification/updates.

(1)     The following areas of the town to be earmarked by Authority by notification from time to time if not already notified in the Master Plan and shall normally be excluded for permission of multistoried building:

(i)       National Heritage zones consisting of places of pilgrimage and worship (like Satra, Namghar, Develaya, Mandir, Math, Masjid, Dargah, Gurudwara, Church) and sites of historical and culture importance;

(ii)      areas falling on or abutting natural drainage channels;

(iii)     areas falling on or abutting wetlands;

(iv)    areas earmarked for infrastructure of civic amenities in the Master Plan and Zoning Regulation for the town;

(v)      sites on hills and foothills requiring excavation that is likely to cause soil erosion, landslide or instability of hill slope; and sites below overhanging embedded rocks without proper protection work as specified in these rules;

(vi)    Government land in the hills and in the water bodies like beels;

(vii)   the notified forest land falling within the Master Plan areas;

(viii)  Authority shall judiciously examine all building proposals including multistoried buildings in the vicinity of the above areas before such proposal are cleared/allowed with such condition/modification as Authority may decide from time to time.

Rule - 85. Additional FAR scheme for widening of roads and improvement of junctions - procedure.

If any Authority is taking up road widening and junction improvement programmes in the area, that Authority may consider allowing additional FAR to any person relinquishing his/her land for road widening or creation of open space, without asking for compensation.

That Authority shall take the following steps accordingly, for road widening and junction improvement programme for this purpose:

(i)       in addition to the "permissible FAR" to the total extent of the plot area an additional FAR (AFAR) of 100 shall be considered to the extent of the land affected in road widening and junction improvement and surrendered free of cost for constructing/reconstructing building as per land use of Approved Master Plan. However the Authority shall consider commercial use with 50 AFAR even if the land use is earmarked for residential or other uses except Parks and Play Ground and Green Belt use as per Master Plan. The AFAR for commercial use can be utilized in any floor after obtaining permission of the Authority, who shall consider it keeping in view the developments existing on the road/junction, feasibility and smooth flow of traffic. "Permissible FAR" is the FAR permissible in that particular plot irrespective of maximum FAR allowed as per these rules.

(ii)      wherever permissible FAR cannot be achieved on plots after road widening and junction improvement with the stipulated setbacks as per these rules and Zoning Regulations the relaxation of set back and coverage can be considered by the Authority.

(iii)     while exercising the above powers the Authority shall finalise a suitable building line (i.e. front setback) for the complete portion of the road taken up for widening or junction taken up for improvement, keeping in view the developments existing on the road/junction, feasibility and smooth flow of traffic and notify the same for the benefit of owners of the sites affected in road widening/junction improvement. No construction shall be allowed in violation of such notified building line. While exercising the above powers the Authority shall ensure public interest and safety and smooth flow of traffic.

(iv)    the relaxation powers referred are applicable to roads notified for widening/junctions notified for improvement under this scheme by the Authority and no isolated case on a particular road or junction shall be considered for this relaxation.

Illustration: If the plot area is 500 sq. m and the land affected in road widening is 100 sq.m. and the permissible FAR as per regulation is 150, the normal floor area permissible is 750 sq.m. The additional floor area permissible is as follows:

Table 13

Specifications of Additional FAR

(v)      the relaxed FAR shall be issued in the form of a bond to the owners of the affected plot which has to be utilized in a period of five years from the date of issue of this bond;

(vi)    in case of building constructed without any authority beyond the permissible FAR proposal shall be considered for regularization up to the additional FAR allowed as per this scheme.

CHAPTER VII GUIDELINES FOR THE QUALIFICATIONS AND COMPETENCE IN RESPECT OF THE PROFESSIONALS

Rule - 101. Essential requirements.

Every building/development work for which permission is sought, shall be planned, designed and supervised by registered professionals. The registered professionals for carrying out the various activities shall be.

(i)       architect,

(ii)      engineer,

(iii)     structural engineer,

(iv)    supervisor,

(v)      town planner,

(vi)    landscape architect,

(vii)   urban designer, and

(viii)  utility service engineer. Requirements of registration for various professionals by the Authority or by the body governing such profession and constituted under a statute, as applicable for practicing within the territorial limit of the concerned urban local body shall apply:

Provided that no such license/enrollment of technical personnel shall be necessary for various works of building permit in case of boundary walls, residential single storey Assam Type building upto plinth area of 140 sq m and commercial building of single storey Assam Type upto plinth area of 75 sq m. However, considering the topography and other peculiar nature of plot and proposed construction, the Authority may require such schemes to be submitted by the licensed/enrolled technical personnel.

Rule - 102. Requirements for registration and competence of professionals.

(1)     Architect.

(a)      The minimum qualifications for an architect shall be the qualifications as prescribed for in the Architects Act, 1972 for registration with the Council of Architects.

(b)      The registered Architect shall be competent to carry-out the work related to the building/development permit as given below:

(i)       all plans and information connected with building permit except engineering matters related to multistoried/special buildings specified in these rules;

(ii)      issuing 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 upto 1 ha for metropolitan cities and 2 ha for other places;

(iv)    issuing certificate of supervision for development of land of area upto 1 hectare for metropolitan cities and 2 ha for other places.

(2)     Civil Engineer.

(a)      The minimum qualification for an Engineer shall be graduate in civil engineering/architectural engineering of recognized Indian or foreign university, or the Membership of the Institute of Civil Engineering Division/Architectural Engineering Division of the Institution of Engineers (India) or of the statutory body governing such profession, as and when established.

(b)      The registered Engineers shall be competent to carry out the work related to the building/development permit as given below:

(i)       all plans and information connected with building permit;

(ii)      structural detail and calculations of buildings on plot upto 500 m2 and upto 5 stories or 16 m in height;

(iii)     issuing certificate of supervision and completion for all buildings;

(iv)    preparation of all service plans and related information connected with development permit; and

(v)      issuing certificate of supervision of land for all area.

(3)     Electrical Engineer.

(a)      The minimum qualification for an Electrical Engineer shall be Graduate in electrical engineering or electrical and electronics engineering or electrical and communication engineering from recognized Indian or foreign or membership of Institute of Electrical Engineering Division of the Institution of Engineers (India) or of statutory body governing such profession.

(b)      The registered Engineers shall be competent to carryout the work related to the building/development permit as given below:

(i)       all electrical and Telecom plan connected with the building permit;

(ii)      calculation of requirement of electrical energy power of the building and the sources from which the same shall be met (say ASEB supplies, solar power, wind power etc.)

(iii)     issuing certificate of supervision and completion of the electrical and Telecom plan of the building.

(4)     Structural Engineer.

(a)      The minimum qualification of Structural Engineer shall be graduate in civil engineering of recognized Indian or foreign university, or Corporate Member of Civil Engineering Division of Institution of Engineers (India), with minimum 3 years experience in the practice of structural engineering with designing and field work.

Note: The 3 years experience shall be relaxed to 1 year in the case of postgraduate degree holder of recognized Indian or foreign university in the branch of structural engineering.

(b)      The registered Structural Engineers shall be competent to prepare the structural design, calculations and details for all buildings and supervision.

(c)      In case of buildings having special structural features, as decided by the Authority, which are within the horizontal areas and vertical limits specified in these rules, shall be designed by the Structural Engineers only.

(5)     Supervisor.

(a)      The minimum qualifications for a supervisor shall be a Diploma in Civil Engineering or in Architecture with minimum 5 years experience in building designing, construction and supervision.

(b)      The registered Supervisor shall be competent to carryout the work related to the building permit as given below:

(i)       all plans and related information connected with building permit for residential buildings on plot upto 100 sq.m. and upto two stories or 7.5 m in height; and

(ii)      issuing certificate of supervision for buildings as specified in these rules.

(6)     Town Planner.

(a)      The minimum qualification for a Town Planner shall be the graduate/postgraduate degree in Town Planning from recognized Institute or qualifications required for Associate Membership of the Institute of Town Planers, India.

(b)      The registered Town Planner shall be competent to carry out the work related to the development permit as given below:

(i)       preparation of plans for land sub-division/layout and related information connected with development permit for all areas.

(ii)      issuing of certificate of supervision for development of land of-all areas. However, for land layouts for development permit above 5 hectares in area, and for land development infrastructural services for roads, water supplies, sewerage/drainage, electrification, etc, the registered Engineers for utility services shall be associated.

(7)     Landscape Architect.

(a)      The minimum qualification for a landscape architect shall be the Bachelor or Master Degree in landscape Architecture or equivalent from recognised Indian or foreign university.

(b)      The registered landscape Architect shall be competent to carry out the work related to landscape design for building/development permit for land upto 5 ha and above. For smaller areas below the limits indicated above, Association of landscape Architects may also be considered from the point of view of desired landscape development.

(8)     Urban Designer.

(a)      The minimum qualification for an Urban Designer shall be the Master Degree in urban design or equivalent from recognized Indian or foreign university.

(b)      The registered urban Designer shall be competent to carry out the work related to the building permit for urban design of land areas more than 5 hectares and campus area of more than 2 hectares. He/She shall also be competent to carry out the work of urban renewal for all areas. For smaller areas below the limits indicated above, Association of Urban Designer may be considered from the point of view of desired urban designing.

(9)     Engineers for Utility Services.

For such special type of works connected with the buildings as described in these rules and also specified below, the work of such nature in connection with a building, shall be executed under the planning, design and supervision of competent personnel like registered Mechanical Engineer (including HVAC), Electrical Engineer and Plumbing Engineers for carrying out the work of Air-conditioning, Heating and Mechanical Ventilation, Electrical Installations, Lifts and Escalators and Water Supply, Drainage, Sanitation and Gas Supply installations, or as may be decided by the Authority taking into account the practices of the national professional bodies dealing with such specialised engineering services.

(10)   Geo-technical Engineers.

(a)      shall mean a Civil Engineer having at least 2 (two) years experience in soil and foundation engineering under similar soil/geo-technical/soil condition.

(b)      To do all geo-technical investigation related to building construction.

Rule - 103. Builder/Constructor entity.

The minimum qualification and competence for the builder/constructor entity for various categories of building and infrastructural development shall be as decided by the Authority to ensure compliance of quality, safety and construction practices as required under these rules.

Rule - 104. Group or Agency.

When an agency or group comprising of qualified Architect/Engineer/Supervisor is practicing, then the qualification and competence of work shall be a combination of the individual qualifications and competence as specified above in these rules, provided the agency shall be licensed by the Authority.

Rule - 105. Annual Rate of License/Enrolment Fees of Technical Personnel.

(1)     Architect/Engineer/Group/Agency/Others.

(a)      Rs. 1500.00 (Rupees one thousand five hundred) only per year.

(b)      Rs. 500.00 (Rupees five hundred) only for a single multi storeyed commercial building, apartment, residential and others.

(c)      Rs. 250.00 (Rupees two hundred fifty) only for a single residential building.

(2)     Supervisor.

(a)      Rs. 1000.00 (Rupees one thousand) only per year.

(b)      Rs. 500.00 (Rupees five hundred) only for single multistoried project.

(c)      Rs. 250.00 (Rupees two hundred fifty only) for a single residential building.

(3)     Renewal of license shall be made by the Authority on receipt of annual renewal fee, annual renewal fees to be equivalent to original fees, provided that no renewal of license is permissible for single project.

Rule - 106. Procedure for Application or License/Enrolment in the Authority.

The Architect/Engineer/Group/Agency/Supervisor may apply in prescribed form no. 19 to the Authority with necessary fees as prescribed for license/enrollment by the Authority.

Rule - 107. Duties and responsibilities of Licensed Technical Personnel.

(1)     It shall be incumbent on every licensed technical personnel in all matters in which he/she may be professionally consulted or engaged, to assist and cooperate with the Authority in carrying out and enforcing the provisions of these rules being at that time.

(2)     Every technical personnel shall in every case in which he may be professionally consulted or engaged be responsible so far as his professional consultations/services are concerned with due compliance of the provisions of these rules being in force at that time.

(3)     When a licensed Technical Personnel ceases to be in the employment for the development work, he shall report the case forthwith to the Authority.

(4)     Licensed technical personnel shall be required to submit an affidavit cum undertaking in Form 23 for designing/supervision in case of R.C.C. building of above 2nd floor.

Rule - 108. Penal action against defaulting Architects/Engineers/Groups/Supervisors.

The Authority reserves the exclusive right to declare black listed, cancel license or take any other action that the Authority may decide to take against the Architect/Engineers/Groups/Supervisors, if found to have been deviated from the professional conduct or has made any misstatement or has misrepresented any material fact or has suppressed any material fact. 

SCHEDULE I

(see rule 57)

Occupant Load

SCHEDULE II

(see rule 4)

Documents to be submitted

(1)     Documents to be submitted with Application

(a)      For buildings up to G+2

N.B. Documents to be procured by Owner - Application form and Land Documents; Other documents to be procured by Owner with the help of Registered technical persons.

(b)      For Buildings of G+3 and above