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HIMACHAL PRADESH HOUSING BOARD (ERECTION OF BUILDING) BYE-LAWS, 1996

HIMACHAL PRADESH HOUSING BOARD (ERECTION OF BUILDING) BYE-LAWS, 1996

HIMACHAL PRADESH HOUSING BOARD (ERECTION OF BUILDING) BYE-LAWS, 1996

Preamble - HIMACHAL PRADESH HOUSING BOARD (ERECTION OF BUILDING) BYE-LAWS, 1996

THE HIMACHAL PRADESH HOUSING BOARD (ERECTION OF BUILDING) BYE-LAWS, 1996

[15th December, 1998]

PREAMBLE

In exercise of the powers conferred by section 54 of the Himachal Pradesh Housing Board Act, 1972 (Act No. 10 of 1972) and with the previous confirmation of the State Government conveyed vide their Memo No. HSG-6(F)-1-1/91, dated 28-11-1998, the Himachal Pradesh Housing Board hereby makes and publishes the following bye-laws, namely:-

Part I - PRELIMINARY AND DEFINITIONS 

Section 1 - Short title and commencement

(a)      These bye-laws may be called the Himachal Pradesh Housing Board (Erection of Building) Bye-laws, 1996.

 

(b)      These shall come into force at once.

 

(c)      These bye-laws shall apply to all the Housing Colonies of Himachal Pradesh Housing Board irrespective of the fact whether these colonies fall under Municipal Corporation/Notified Area Committee or not.

Section 2 - Definitions

In these bye-laws, unless the context otherwise requires:-

(i)       "abut" building is said to abut on the street when the outer face of any of its external walls is on the street boundary;

 

(ii)      "Act" means the Himachal Pradesh Housing Board Act, 1972;

 

(iii)     (a) "ancillary zone in the residential area" means a zone of building attached to and serving the main residential building, and shall include garage, store-room, fuel store and servant quarters, but shall not include a guest house capable of use as independent dwelling unit;

(b) "ancillary zone in industrial area" means a zone of building ancillary to and serving the main industrial building and shall include Administrative Office, godown, cycle shed, dispensary, canteen, electric sub-station and quarters for watch and ward staff but shall not include residential accommodation for superior staff;

(iv)    "applicant" means a person who gives notice to the Estate Manager of his intention to erect or re-erect a building and shall include his legal heirs/representatives;

 

(v)      "Architect" shall have the same meaning assigned to it in the Architects Act, 1972 (Act No. 20 of 1972);

 

(vi)    "Architectural control sheets" means sheets of drawing with directions signed by the Estate Manager and kept in his office showing the measure of architectural control and prepared under bye-law 15;

 

(vii)   "Authorised Officer" means an Officer of the Board specifically authorised to perform certain functions under these bye-laws;

 

(viii)  "Balcony" means a cantilevered horizontal projection from the wall of the building without any vertical support and having a balustrade or railing not exceeding one metre in height and intended for human use;

 

(ix)    "Base" applied to a wall or a column, means the underside of that part of the wall or the column which immediately rests upon the footing or foundation or upon any bressummer or other structure by which such wall or column is carried;

 

(x)      "Basement" means the lower storey of a building below or partly below ground level;

 

(xi)    "Building" means any structure constructed for whatsoever purpose and of whatsoever materials and every part thereof whether used as human habitation or not and includes foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services fixed platforms, verandah, balcony, cornice or projection, part of a building or any thing affixed thereto or any wall gap to be given enclosing or intended to enclose any land or space and signs and outdoor display structures but shall not include tents, shamianas and tarpaulin shelters;

 

(xii)   ?"Building line" means a fixed line, if any specified for a site beyond which no building within that site other than compound wall shall project;

 

(xiii)  ?"Class of Building" means a building in one of the following four categories:-

 

(a)      residential building;

 

(b)      Commercial building;

 

(c)      Warehouse and industrial building; and

 

(d)      Public building.

 

(xiv)  ?"Canopy" means a cantilevered projection from the face of a wall over an entrance to the building at the lintel level provided further that-

 

(a)      it shall not exceed 5 sq. mtrs. in area;

 

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

 

(c)      it shall not be allowed at more than one entry;

 

(d)      it shall not extend 1.8 metres beyond the building line; and

 

(e)      ?there shall be no platform underneath it.

 

(xv)   "Chhaja" or "Sun shade" means a sloping or horizontal structure over hang usually provided over openings on external walls to provide protection from sun and rain;

 

(xvi)  "Commercial building" means a building used wholly or partially for shops, offices, banks or other similar purposes, but shall not include industries and motor garages;

 

(xvii) "Courtyard" means an area open to the sky within the boundary of a plot, which is enclosed or partially enclosed by building, boundary walls or railing and provides light and ventilation to one or more habitable rooms and it may be at ground floor level or any other level within or adjacent to a building;

 

(xviii)   "Engineer" means a person holding any of the qualifications recognised by the Institute of Engineers (India), Civil Engineering Division for its associate membership whether employed for supervision of construction or for the preparation of structural drawing or both;

 

(xix)  "Erect or re-erect any building" includes:-

 

(a)      Any material alteration or enlargement of any building;

 

(b)      the conversion by structural alteration into a place for human habitation or a building originally constructed for human habitation;

 

(c)      the conversion into a more than one place for human habitation or a building originally constructed at such place;

 

(d)      the conversion of two or more places of human habitation into greater number of such places;

(e)      such alteration of a building as effects an alteration of its drainage or sanitary arrangements or materially effects its security;

 

(f)       ?the addition of any rooms, buildings, out-houses or other structure to any building; and

 

(g)      ?the construction in a wall adjoining any street or land not belonging to the owner of the wall or a door opening on to such street or land;

 

(xx)   "Estate Manager" means an Officer appointed under Regulation 2(j) of H.P. Housing Board Allotment, Management and Sale of Houses/Plots Regulations, 1973.

 

(xxi)  "External Wall" means an outer wall or vertical enclosure of any building not being a party wall even though adjoining to wall of another building and shall include a wall abutting on an interior open space of any building but shall not include an outer verandah wall;

 

(xxii) "Factory or industrial building" shall have the same meaning as assigned to it in the Factories Act, 1948 (Act No. LXIII of 1948);

 

(xxiii)   "Floor area ratio" or "F.A.R.", means the quotient obtained by dividing the multiple of the aggregate covered area on all floors and hundred by the area of plot i.e.

Total covered area X 100 F.A.R.=------

Plot Area

(xxiv)   "Framed building" means a building the external walls of which are constructed of a frame of timber, iron, reinforced cement concrete or steel and such framing consisting of posts or columns and beams, filled in, wholly or partially covered with bricks, stones, iron plates, or other materials and the stability of which depends upon such framing;

 

(xxv) "Front" as applied to a building means the portion facing the street from which it has access;

 

(xxvi)   ?"Garage" means a building or portion thereof used or intended to be used for shelter storage or parking of a wheeled vehicle;

 

(xxvii)  ?"Ground floor" means the storey which has its floor surface nearest to the ground around the building;

 

(xxviii) "Habitable room" means a room constructed or adopted to be used by some person either as a living room in which some person may pass the night and shall include a kitchen but not include a bath-room, water closet or store room;

 

(xxix)   ?"height" as applied to a building means the vertical measurement of the building measured from the finished level of the centre or the street where such street exists or from the mean level of the ground adjoining the outside or the external walls to half the height of the roof in the case of slop in roofs and to the highest level or the building in the case of buildings with flat roofs excluding projected portion of mumties, flush, ducts, minarets and parapets not exceeding, 1.00 mtr. in height and "height" as applied to a room shall mean the vertical measurement from the upper surface of the floor to the under surface of the ceiling of the same room, joist and beams being allowed to project beneath the ceiling and in the case of sloping ceiling the height shall be mean height of any such room;

 

(xxx)"Loft" means an intermediatory floor between two floors on residual space in a pitched roof above a residual normal floor level within maximum height of 1.5 metres and which is constructed or adopted for storage purposes;

 

(xxxi)   ?"mamti" means a small structure erected on the roof of a building at the head of a staircase to project such stair-case from weather;

 

(xxxii)  "mezzanine floor" means an intermediate floor, between two floors, above ground level with area of mezzanine restricted to 1/3rd of the area of the lower floor and with a minimum height of 2.3 metres and shall not be lower than 2.3 metres above floor level;

 

(xxxiii) ?"material change of use" means a change from one class of building to another;

 

(xxxiv) ?"partly wall" means a common wall partly constructed on the plot of land, and partly on an adjoining plot and serving both structurally;

 

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

 

(xxxvi) ?"Plinth level" means the level of the ground floor of the building;

 

(xxxvii)               ?"plinth height" means the height of the ground floor above the street level measured from the level of the centre of the adjoining street;

 

(xxxviii)              ?"premises" means messuages, buildings, lands easements and hereditaments of any tenements;

 

(xxxix) ?"public building" means a building used or constructed or adopted to be used, either ordinarily or accessional as a place of public worship, as a hospital, college, school, hotel-restaurant, theatre, public hall, public concert room, public lecture room, public exhibitation hall or as a public place of assembly or entertainment for persons admitted thereto by tickets or otherwise, or used or constructed or adopted to be used either ordinarily or occasionally for any similar public purposes;

 

(xl)    "public sewer" means a sewer constructed by Himachal Pradesh Government or Himachal Pradesh Housing Board or a local authority;

 

(xli)   "rain water pipe" means a pipe or drain situated wholly above ground and used or constructed to be used solely for carrying off rain water directly from roof surfaces;

 

(xlii)  ?"residential building" means a building used or constructed or adopted to be used wholly or partially for human habitation and includes all garages, stables and other out buildings appurtenant thereto;

 

(xliii) ?"site" means a pace (piece) of land enclosed by definite boundaries;

 

(xliv) ?"special area" means the area shown as such on the zoning Plans in which architectural control sheets shall apply;

 

(xlv)  "storey" means any horizontal division of a building so constructed as to be capable of being used as a living apartment, although such horizontal division may not extend over the whole depth of width of the building, but shall not include mezzanine floor;

 

(xlvi) ?"street" means any road, footway, square, court, alley or passage accessible whether permanently or temporarily to the public and whether a thoroughfare or not and shall include every vacant space, notwithstanding that it may be private property and partly or wholly obstructed by any gate, post, chain or other barrier whether of houses, shops or other buildings abutting thereon, which is used by any person as means of access to or from any public place or thoroughfare whether such persons be occupiers of such buildings or not but shall not include any part of such spaces which occupier of any such building has a right at all hours to prevent all other persons from using an aforesaid, and it shall include also the drains or gutters therein or on either side and the land whether covered or not by any pavement, verandah or other erection upto the boundary of any abutting property not accessible to the public;

 

(xlvii)   "structural wall" means a load bearing wall or a wall that carries load in addition to its own load;

 

(xlviii)  "sub-soil drain" means a drain used or constructed to be used solely for conveying to any sewer (either directly or through another drain) and water that may percolate through the sub-soil;

 

(xlix) ?"temporary building" means a building built of unburnt bricks, burnt bricks without mortar, corrugated iron sheets, bamboo, thatch, wood, boarding or plywood but shall not include a building built of burnt bricks, cement blocks or stones laid in mortar and in no case, it shall be allowed to stand 3 months beyond the validity of the sanctioned plan expires;

 

(l)       "ware house and industrial building" include a factory a workshop or a motor garage;

 

(li)      "zoning plan" means the detailed layout plan of the sector or apart thereof as approved by the Estate manager showing the sub-division of plots, open spaces, streets, position of protected trees and other features and in respect of each plot, permitted land use, building lines and restrictions with regard to the use and development of each plot in addition to those laid down in these bye-laws.

Part II - PROCEDURE FOR SUBMISSION OF BUILDING APPLICATION AND EXECUTION OF WORKS 

Section 3 - Application for erection or re-erection of building

(1)     Any person excepting those mentioned in bye-law 7 intending to erect or re-erect any building shall make an application in writing to the Estate Manager in Form-A accompanied by the following documents:-

 

(a)      a site plan as required by bye-law 5.

 

(b)      a building plan or plans as required by bye-law 6.

 

(2)     The application shall be accompanied by a scrutiny fee as given in the table of scrutiny fees annexed with these bye-laws.

 

(3)     A refundable amount of Rs. 200/- shall be deposited by the applicant with the building application. This amount will be refunded to the applicant after construction of the building and after satisfying the Estate manager or his representative regarding clearance of the site and removal of debris therefrom.

Section 4 - Preparation of zoning plans and passing of building plans

The Estate Manager may constitute committee for:-

(a)      preparation of zoning plans;

 

(b)      passing of building plans, and entrust such committees with such powers and functions as he may deem proper.

Section 5 - Site Plan

(1)     The site plan shall be drawn to a scale of not less than-

 

(a)    1 to 200 for sites upto 1,000 sq. mtrs;

 

(b)    1 to 400 for sites above 1,000 sq. mtrs. and upto 4500 sq. mtrs.

 

(c)     1 to 800 for sites above 4500 sq. mtrs.

 

(2)     The site plan shall be prepared with sufficient accuracy to enable the site to be identified and shall be submitted on distinct ammonia prints in quadruplicate two of which shall be mounted on cloth. One mounted copy shall be returned to the applicant duly sanctioned or rejected, as the case may be. The site plan shall be fully dimensioned and shall show-

 

(a)      the boundaries of the site;

 

(b)      the direction of the north point related to the site;

 

(c)      the street or road adjoining the site with their width clearly dimensioned and names if any, all existing road side trees, lamp post, or other features or structures likely to effect the approach to the building;

(d)      Surrounding buildings in outlines within a distance of 15 Metres from the boundaries of the site;

 

(e)      ?all existing buildings or structures on, over or under the site or projecting beyond it in outline besides distinctly indicating the proposed building or buildings;

 

(f)       ?the area and proportions of the site to be covered by building/including existing buildings if any;

 

(g)      ?dimensions of open spaces on the front rear and the side of the buildings;

 

(h)     the levels of the site and of the plinth of the building in relation to those of the neighbouring streets, also the levels of all courtyards and open spaces in relation to the bed levels of the existing drains and sewers in the street or streets into which the building or site is to be drained;

 

(i)       method of disposal of waste water, sewerage and storm water;

 

(j)       position of water supply; and

 

(k)      any other information that may bee required.

Section 6 - Building plans

(a)      The building plan or plans shall be drawn to a scale not less than that given below:-

 

(i)       1:50 for plots upto 1000 square metres in size; and

 

(ii)      1:100 for plots over 1000 square metres;

 

(b)      these shall be submitted on distinct ammonia prints in quadruplicate, two of which shall be mounted on cloth, one mounted copy shall be returned to the applicant duly sanctioned or rejected, as the case may be, these plans shall interalia, indicate:-

 

(i)       the plans of all the floors at least two elevations and two sections (longitudinal and cross) illustrating distinctly all the different levels through floors staircase, W.C. bath, kitchen and garage, covered area on each floor along with area of plot shall be indicated;

 

(ii)      the plinth level of the building with reference to the level at the centre of the street or streets on which the proposed building is to abut;

 

(iii)     the schedule indicating the sizes of the doors, windows openings and other methods of ventilation of each room;

 

(iv)    the means of access to the building and its various storeys together with the means of escape in case of fire;

 

(v)      in the case of proposal addition and alterations to an existing building, all new works on the plans by indelible distinctive colours with a key to the colours used;

 

(vi)    the proposed method of drainage, including the position form and dimensions of all privies, urinals/drains and the method of disposal of sewerage sullage and storm water in full details; and

 

(vii)   north point relative to the plan of the building.

Note.-In case of large buildings various blocks of the building may be drawn on separated sheets.

Section 7 - Type Plans

In case the applicant wishes to follow type (standard) design of a building approved by Estate Manager, he may obtain the same from the Estate Manager on the payment of prescribed fee. Such an applicant need not get the building plans sanctioned from the Estate Manager provided he constructs the building strictly in accordance with the standard design. He shall, however, have to obtain formal permission from the Estate manager for starting construction of the building and shall also intimate date of commencement of construction of building to him.

Section 8 - Information necessary to validate applications

No application under the bye-law 3(i) shall be considered to be valid, unless it is made on Form 'A' and is accompanied by the requisite number of plans and documents together with scrutiny fee. In case of failure of such compliance, the application together with plans shall be returned to the applicant for resubmission in accordance with the bye-laws.

Section 9 - Permission to erect or re-erect building

After an application to seek permission to erect/re-erect a building in Form 'A' containing the required information and accompanied by necessary documents and fees as mentioned in bye-laws 3 is received, the Estate Manager shall after making such enquiries as he may consider necessary, pass an order either sanctioning or rejecting it and convey the same to the applicant in Form 'B'.

Section 10 - Validity of sanctioned plan

If a building is not completed within two years of the date of permission, the permission shall be deemed to have lapsed with respect to that portion of the building which was not completed. In regard to the incomplete portion, a fresh application alongwith the sanctioned set of plans together with fee as mentioned in bye-law 3 shall be submitted.

Section 11 - Notice of commencement of works

A person who has been given permission under bye-law 9 and intends to commence erection or re-erection shall give to the Estate Manager or to any person authorised by him in this behalf, not less than a week's notice in writing of the date and time at which the erection or re-erection of the building will commence.

Section 12 - Completion of building

(1)     Every person who intends to occupy a building or a part thereof shall apply for the occupation certificate in Form 'C'.

 

(2)     No person shall occupy or allow any other person to occupy any new building or a part thereof for any purpose whatsoever until such building or apart thereof has been certified by the Estate Manager having been completed in accordance with the permission granted and an occupation certificate has been issued in his favour in Form 'D'. The occupation certificate will also not be issued until the Estate Manager is not satisfied with the external finishing of the building.

 

(3)     The occupation certificate, shall not be issued unless debris and rubbish consequent upon the construction has been cleared from the site and its surroundings and the building is completed as per sanctioned plan. However, provisional occupation certificate pending the issue of final certificate may be issued for a period not exceeding six months in case whereon habitable room, a kitchen and a toilet forming a part of the sanctioned plan is completed.

Part III - PLANNING AND ARCHITECTURAL CONTROL

 

Section 13 - Use of site type and character of building

(1)     Type and character of the building (including ancillary buildings) that may be erected or re-erected on a site and the purpose for which these may be used shall not be other that shown in the approved zoning plan.

 

(2)     Every building that may be erected or re-erected on a site shall, in addition to the foregoing restrictions, comply with the restriction shown on the zoning plan. The architectural/frame control sheets, wherever applicable, shall have precedence over the zoning plan or these building bye-laws.

 

(3)     Except as otherwise expressly provided at the time of site, not more than one building units shall be erected on any one floor of a building on a site.

Note.-Building unit means a self contained building with such outbuildings as are ordinarily ancillary to the main building used in connection therewith and physically incapable of sub-division into two or more independent building units. A building unit may, however, be owned by an individual or be jointly and severally owned, provided it remains in a single indivisible ownership.

Section 14 - Proportion of the site which may be covered with buildings

The proportion upto which a site may be covered with a building including ancillary building shall be in accordance with the zoning plan prepared by the Housing Board and the remaining of the site shall be left open in the form of an open space around the building or a Courtyard subject to the following:-

(A)     Residential:-

 

(i)       As per the restrictions shown in the zoning plan or the architectural/frame control sheets the maximum height of a building shall not exceed 11 metres.

 

(ii)      The number of storeys allowed on a residential plot shall be 21/2 i.e. permissible coverage within off sets on ground floor, equal coverage on first floor and 50% coverage on second floor. In case of sloping sites when the site so permits, the 50% coverage on second floor can be permitted in the basement floor.

 

(B)     ?Commercial:-

 

(i)       In case of sites for shop-cum-flats or for shopping booths, the coverage on each floor shall be in accordance with the architectural control-sheets:

Provided that a basement not exceeding the maximum permissible coverage on the ground floor and intended to be used only for parking servicing and storage may be allowed if it satisfies the public health and structural requirements. The permission of such a basement shall be subject to the payment of additional premium as decided by the Housing Board from time to time and shall be at sole discretion of the Estate Manager.

(C)     Institutions and other buildings:

 

(i)       The maximum permissible coverage (including covered parking) on a plot upto 10,000 sq. mt. shall be 40% and above 10,000 sq. mts. 25%. The maximum permissible F.A.R. shall be 1.00.

 

(ii)      Every institutional building shall be constructed within set-backs as provided in the zoning plan prepared for the site.

 

(iii)     A basement not exceeding the maximum permissible coverage on the ground floor and intended to be used only for parking servicing and storage may be allowed if it satisfies the public health and structural requirements. The following portion shall not be considered as covered area namely:-

 

(a)      Sunshade, chajja, architrave cantilevered from the face of any wall upto 0.75 metres beyond the wall and height not lower than 2.3 metres.

 

(b)      pergola constructed purely for Architectural effects.

 

(c)      Cantilevered balcony projecting not more than 4.8 metres beyond the face of wall on the front and rear of the main institutional zone and not more than 1 metre on the front, rear of the ancillary institutional zone.

 

(d)      canopy over an entrance.

Section 15 - Architectural control

In the case of building sites where architectural control is considered necessary by the Estate Manager he shall cause to be prepared architectural control sheets for this purpose, showing the extent of architectural control on the various units of the building or on a portion of such building, in the following respects:-

(i)       Compulsory elevations for a particulars building or a row of buildings.

 

(ii)      Compulsory height on the front or on any side exposed to view from a street upon which a building shall have to be erected and completed within a certain period.

 

(iii)     Compulsory height of floors.

 

(iv)    Compulsory height and design of comics, sills and top of windows in the first and subsequent storeys.

 

(v)      Compulsory building line along which the building shall have to be erected and completed within a certain period.

 

(vi)    Compulsory type designs of balconies.

 

(vii)   ?Compulsory use of materials, texture and colour.

Section 16 - Height of mezzanine and internal balconies

(1)     A mezzanine floor or internal balcony shall not be permitted unless the height of the room is at least 5.2 mtrs. and such mezzanine floor or balconies do not cover more man one third of the room area.

 

(2)     The height of such mezzanine floor or internal balcony shall not be less than 2.3 metres and it shall not be lower than 2.3 mtrs above the floor level.

Section 17 - Minimum provision with regard to residential buildings

No building for residential use shall be constructed or allowed to be used till every dwelling unit, besides a living room or rooms provides for a kitchen and toilet facilities.

Section 18 - Minimum area of courtyard for purpose of ventilation

The minimum superficial area of every enclosed courtyard of a residential building upon which habitable rooms abut shall be 1/4th of the aggregate floor area of the rooms and verandahs, on the ground floor abutting on the courtyard, provided that such courtyard shall not be less than 12.0 sq. mtrs. in area and the minimum width of every such courtyard in any direction shall not be less than 3.00 mtrs. For determining the said aggregate, floor area of the rooms and verandah abutting on the courtyard-

(a)      Only one half of the floor area of such rooms and verandah as abut on another courtyard or an open space or road not less than 4.5 metres in width shall be taken in account;

 

(b)      any room which is separated only by an open verandah from courtyard shall for the purpose of this rule, be deemed to abut on such courtyard; and

 

(c)      the area of the courtyard for the purpose of this rule shall be the area open to sky, clear of all projections.

Section 19 - Minimum size and requirement of ventilation regarding a habitable room

Every habitable room including a shop,-

(1)     shall be of a height of at least 2.75 metres in every part from floor to ceiling of the room and a minimum height of not less than 2.05 metres from floor of the room to the level of the roof (in case of slopping roof) provides it slopes inwards to give a Clear height of 2.60 metres. Notwithstanding these water closet, a bath room, a store, a gallery, a mezzanine floor may be of 2.30 mtrs. height.

 

(2)     shall have a clear floor area of not less than 9.5 sq. mtrs. and width not less than 2.4 metres.

 

(3)     shall be provided for the purpose of light and ventilation with doors and windows or other apertures which shall have total opening of not less than 1/4th of the floor area of the room.

Section 20 - Kitchen

A Kitchen shall have a minimum area of 4 sq. mtrs with minimum width of 1.8 metres and in addition,-

(i)       wall be well lit and constant means of light ventilation shall be provided through external air, the minimum area of which shall be 0.5 sq. mtrs;

 

(ii)      it shall be provided with cooking range of standing or sitting type;

 

(iii)     an effective flue with other sufficient arrangements to prevent any smoke flowing to the kitchen;

 

(iv)    the floor of impervious and fire-resistant nature with an impermeable dado .90 M high;

 

(v)      a sink or khura for washing utensils of minimum 60 cms x 45 cms; and

 

(vi)    the drainage of kitchen shall be through a proper floor trap connected to the main sewerage.

Section 21 - Bath room and water closet

(i)       The size of the bath room shall not be less than 1.2 metres x 1.2 metres or if it is a combined bath and water closet its floor area shall not be less than 2.5 sq. mtrs, with a minimum width of 1.2 metres.

 

(ii)      The minimum floor area of a water closet shall be 1.1 sq. metres, its smallest side being 0.85 metres. It shall be provided with permanent ventilation of minimum of 0.2 sq. Metres in addition to the door and a window opening directly to the outside air of not less than 1/4th of the floor area.

 

(iii)     No person shall dispose off the affluent from septic tank by surface verification or by sub-soil drainage or into an open unlined cesspool.

 

(iv)    An impermeable dado upto .90 metre on the walls shall be provided.

 

(v)      The ventilation to WC, bath, toilet and kitchen can be allowed through a shaft/duct the minimum area of which shall be 1 sq. Metres with minimum width of 75 cms provided it satisfies the public health and sanitary requirements.

Section 22 - Height of boundary wall and fence and type of gate

The height and design of the boundary wall or fence and gate shall be in accordance with the provision of the zoning plan and shall conform to the pattern laid down for such a plot on the zoning plan:

Provided that where no zoning plan has been prepared, the height and design of the boundary wall or fence and gate shall be as specified by the Estate Manager.

STAIRCASES

Section 23 - Staircases in residential buildings

Every building of more than one storey intended to be used as a single family or two family residential building, shall be provided with at least one staircase having minimum width of 0.8 metres constructed of fire resisting material throughout.

Section 24 - Residential buildings with multiple dwelling units other than the above commercial, public and industrial buildings

(1)     Every building intended to be used as a multiple residential building or a commercial or public or industrial building shall be provided with at least one staircase extending from ground in accordance with the following table:-

*Number of users up to 100:1.20 metres.

*Increase 0.025 metres for every additional 15 persons until a maximum of 2.75 metres is reached.

(2)     Single staircase of the width mentioned above may be replaced by two staircases, each of a width at least equal to 2/3rd the width prescribed for a single staircase provided neither of the two substituted staircases shall be less than 1.2 metres in width. Staircase so provided shall be built in fire resisting material.

Explanation.-For the purpose of this bye-law each 5 sq. metres of floor space in case of non-residential building and 10 square metres of floor space in the case of residential building shall be deemed to be occupied by one person.

Section 25 - Minimum dimension of steps

(a)      No stair in a residential building shall have a rise of more than 0.20 metres and a tread of less than 0.25 metres.

 

(b)      No stair in a commercial, public or industrial building shall have a rise of more than 0.18 metre and a tread of less than 0.27 metres.

 

(c)      Notwithstanding anything contained in clauses (a) and (b) above, staircase in private portions of public buildings or warehouses and industrial buildings not open to the general public may be of the sizes and materials mentioned in this bye-law.

Section 26 - Material

All staircases and walls enclosing the staircases in public buildings and warehouses and industrial buildings be of fire proof materials.

Section 27 - Uniformity in treads and riser in staircase

reads and riser of each flights of a staircase or of several flights in the same staircase in a public building or a warehouses and industrial or a residential building shall be of uniform width and height.

Section 28 - Location of staircase

No part of the second or of any higher storey of any building shall be more than 30 metres from some staircase or ramp leading to the ground floor

Section 29 - Ventilation of staircase

Every staircase shall be adequately ventilated and laid to the satisfaction of the Estate Manager.

Section 30 - Head room in staircase

The minimum clear head room in any staircase shall be 2.10 metres measured from the top of the raiser to the most dependent portion of the ceiling above.

Section 31 - Provision of hand rails

(i)       In every staircase at least one hand-rail shall be provided.

 

(ii)      Where steps are provided 'from the ground to the building, handrail may not be provided if the steps do not go above 1.6 metres height and are not less than 1 metre in width.

LOBBIES, CORRIDORS, PASSAGES AND BALCONIES

Section 32 - Lobbies, corridors, passages and balconies

The minimum width of any lobby, corridor, passage or balcony in a residential building shall be at least 0.9 metre and shall be of fire resisting materials and shall be carried on support of fire resisting materials.

Section 33 - Residential buildings with multiple dwelling and commercial public and industrial buildings

The minimum width of any lobby, corridor, passage or a balcony in these buildings shall be given below:-

(a)      No. of users from 1 to 20 .. 0.9 metres

 

(b)      No. of users from 20 to 100 .. 1.2 metres.Increase 0.025 metre for every additional 15 persons until a maximum of 2.75 metres is reached. Walls and roofs shall be of fire resisting materials and shall be carried on support of fire resisting materials.

Section 34 - Projection and height of chaj, balcony and canopy

Where there is a balcony, a chaj cantilevered from the wall, this shall not project more than 1.00 metre beyond the building line when measured at right angle to outer face of the wall. This shall only be permitted at front and rear face of the building. No such projection shall be less than 2.05 metres clear to above the plinth level of the building. On side no chaj will project beyond building line.

Section 35 - Cattle shed and Private wells

No cattle shed shall be constructed on a plot the area of which is less than 1,000 square metres. No private wells, tube wells and hand-pump shall be constructed without the prior permission of Estate Manager.

Section 36 - Party walls and above roofs and height of parapet

The party walls of all roofs having access by means of a staircase shall have a party wall of minimum height of (1.18 metres) throughout its length between the internal faces of outer parapet walls. Notwithstanding above, terminal ends of the building may be shaped for Architectural consideration. All parapet walls, balustrades, railings, affording protection to roof terraces balconies or verandahs at or above first storey level and having access thereto by staircase door or other openings shall have a height of not less than (.75 metres) minimum 23 cms. parapet above finished flat roof shall be provided for regulating the flow of surface water.

Section 37 - Garages

Where garage adjoins a habitable room there shall be no opening in the common wall. There shall be a ventilated lobby or open space between an opening to a garage and habitable room accessible therefrom.

Section 38 - Advertisement stand and structure

No structure shall be constructed to carry an advertisement except in the space shown in the zoning plan.

Section 39 - Numbering of buildings

Each building shall have a number which shall be made available by the Estate Manager and shall bear no other number.

Section 40 - Dry area

No building intended for human habitation shall be constructed within 1.5 metres of the hill side unless there is clear space not less than 1 metre in width and open to sky between such hill side and every part of any wall or walls of the building facing such hill side provided such clear space may be traversed by a bridge or bridges giving communication between the building and hill side but covering not more than 25% of the dry area. However, the entry to a building shall be from front and no other entry shall be allowed.

Section 41 - Responsibility for quality and workmanship

The person who applies to erect or re-erect a building shall be responsible for ensuring that all the building materials used on the buildings are sound, of good quality and properly put together, and that the building is structurally stable.

Section 42 - Storm water drainage

Adequate provisions shall be made for the proper drainage of rain water from the building and also surface water from the compound of the building.

Section 43 - Damp-proof course

All walls internal and external shall be provided with a course of some hard impervious materials, such as cement, concrete, slat, asphalt, lead or vitrified bricks etc. at the plinth level in order to prevent dampness rising by capillary action.

Section 44 - Commercial Building

(1)     Use of verandah for commercial buildings.-The verandah in front of booth/shops shall be kept clear for pedestrian movement and not in any case be used for keeping any articles.

 

(2)     Change in internal planning of standard design of commercial buildings.-Any change in the internal planning of booth/shop shall be got approved from the Estate Manager before it is being constructed.

 

(3)     ?Construction of shops in conformity with drawing.-All shops/booths shall be constructed strictly according to the drawing obtained from the Estate Manager on fixed price.

 

(4)     ?Shop-cum-flat.-

 

(a)      For erection of shop-cum-flats, the rules relating to construction of residential building shall apply.

 

(b)      In case of two roomed tenements in shop-cum-flats, the area of one room may be 80 square ft. or 7.5 square metres.

Section 45 - Use of plans

In case of applicants, using plans provided by the Housing Board, the certificate to be attached with the notice of completion of the building shall be issued by the Estate Manager.

Section 46 - Regarding partition wall

The walls of every building shall be constructed of non-inflammable material and in case of partition wall between adjoining houses, their thickness shall not be less than 23 centimeters.