Himachal Pradesh Town And Country Planning (Eighth Amendment) Rules, 2022

 

[14th October 2022]

WHEREAS, the draft notification to carry out amendments in the Himachal Pradesh Town and Country Planning Rules, 2014, was notified vide this Department notification of even number dated 26th February, 2022 and published in the Rajpatra (e-Gazette), Himachal Pradesh dated 07th March, 2022 for inviting objection(s) and suggestion(s) from the person(s) likely to be affected thereby within a period of thirty days from the date of publication of the said notification in the Rajpatra (e-Gazette) Himachal Pradesh;

AND WHEREAS, the objection(s)/suggestion(s) received in this behalf within the stipulated period have been duly considered and accepted;

NOW THEREFORE, in exercise of the powers conferred by Section 87 of the Act, 1977 (Act No. 12 of 1977), the Governor, Himachal Pradesh is pleased to make the following rules further to amend the Himachal Pradesh Town and Country Planning Rules, 2014 notified vide this Department Notification No. TCP-A (3)-1/2014-I, dated 1st December, 2014 and published in the Rajpatra (e-Gazette), Himachal Pradesh on 1st December, 2014, namely:-

Rule - 1. Short title and commencement.

(1)     These rules may be called the Himachal Pradesh Town and Country Planning (Eighth Amendment) Rules, 2022.

(2)     These rules shall come into force from the date of publication in Rajpatra (e-Gazette), Himachal Pradesh.

Rule - 2. Insertion of Rule 42.

 

After Rule 41 of the Himachal Pradesh Town and Country Planning Rules, 2014 (herein after referred to as the "said rules") the following rule shall be inserted, namely:-

"42. Completion Certificate.-

The Promoter shall apply in respect of entire Real Estate Project(s) or part thereof for Part Completion/Completion Certificate in FORM-35. The Competent Authority after satisfying itself about completion of development works as carried out by the Promoter partly or fully, as the case may be, in respect of the Real Estate Project(s) shall issue Part Completion/Completion Certificate in FORM-36".

Rule - 3. Substitution of form 34.

For FORM-34 appended to the said rules, the following form shall be substituted, namely:-

"TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

FORM -34

(See rules 13, 14 and 16)

APPLICATION FOR GRANT OF DEVELOPMENT PERMISSION

FOR REAL ESTATE PROJECT

To

.................................

.................................

.................................

Sir,

I/we hereby wish to apply for the grant of development permission to set up a Real Estate Project having name and style of project................................. in Khata No................................. Khatauni No................................. Hadbast No................................. Mauja/Mohal No................................. Khasra No................................. measuring ................................. square Metres, Tehsil................................. District................................. Himachal Pradesh.

(1)     The requisite particulars are as under:-

(i)       Status of the Applicant, whether individual or Company or Firm or Association of Persons or Co-operative Society or joint family .................................

(ii)      In case of Individual or Association of Persons or Joint family:-

(a)      Name .................................

(b)      Fathers Name .................................

(c)      Occupation .................................

(d)      Permanent Address .................................

(iii)     In case of Firm or Co-operative Society or Company:-

(a)      Name ..................................................................

(b)      Address..................................................................

(c)      Registration No................................. (Photocopy attached)

(d)      Major activities .................................

(e)      Name and Address of Partners/Chief Executive/Full time Directors.................................

(i)       Whether applicant is Income Tax payee/assesses, if so, give Permanent Account Number (PAN) No................................. along with Aadhar No.................................

(ii)      Whether the applicant had ever been granted permission to set up a Real Estate Project or Building or Apartment under any other law, if yes, details thereof.................................

(iii)     Whether the applicant has ever established a Real Estate Project or is establishing a Real Estate Project, if yes, details thereof.................................

(2)     The following Plans, Drawings and other documents are submitted online, namely:-

(i)       a copy of latest Jamabandi (not being more than six month old), in original showing the title/ownership of the land under the Real Estate Project;

(ii)      a copy of latest original Tatima (not being more than six months old), showing Khasra number(s), description and area of land in question, abutting Road/path with its width as well as adjoining Khasra numbers falling on all the outer limits/boundaries of the land in question with their revenue classification.

(iii)     details of encumbrances on the land on which development of project is proposed including details of any rights, title, interest, dues, mortgage, litigation in Revenue Courts and name of party in or over such land or non-encumbrance certificate from an Advocate having experience of at least ten years or from the revenue authority not below the rank of Tehsildar/NaibTehsildar, as the case may be;

(iv)    three sets of Location Plan in the scale of 1:1000 showing North direction, indicating the land in question, showing main approach road(s), name of road(s) on which the property and boundaries abuts, important public buildings like hospital, school, cinema, petrol pump, existing land uses /building uses surrounding the land;

(v)      The Site Plan to be submitted along with the application for seeking permission shall be drawn to a scale of 1: 200 for plots up to 2500 square metres in size and on a scale of 1:500 for plots more than 2500 square metres in size. The plan shall show the following:-

(a)      The boundaries of the site conforming to revenue tatima and any contiguous features;

(b)      The position of the site in relation to neighbouring street/ revenue road/rasta;

(c)      The names and width of the streets on which the building is proposed to be situated, if any;

(d)      All existing buildings standing on, over or under the site;

(e)      The means of access from the street to the building, and to all other buildings, if any which the applicant intends to erect upon his contiguous land, referred to above in clause (a);

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

(g)      The direction of North point relative to the plan of the buildings;

(h)     Any existing physical features such as drains, trees, overhead/ underground electric supply lines including its capacity, etc.;

(i)       The area of land under scheme as per revenue record and as available at site, ground coverage and the covered area on each floor along with its percentage to the total area of the site;

(j)       The contour plan @ contour interval of 2 mtrs. for plots up to 2500 square metres and 5 mtrs. for plots above 2500 square metres;

(k)      Details of utilities and services like water supply, drainage, sullage, sewage, sewerage along with disposal of drainage, sullage, sewage, position of septic tank, soak pit, Sewerage Treatment Plant, rain harvesting tank, electric and telephone poles, fire hydrants, emergency evacuation signage.

(vi)    For Plotted Development projects i.e. sub-division of land into plots, three sets of drawings in the scale of 1:200 for plots of size up to an area of 2500 Sqm. and to the scale 1:500 for plots of sizes more than 2500 Sqm showing :-

(a)      Layout plan/site plan showing boundaries of site conforming to revenue tatima and status of land on all four sides;

(b)      Existing road(s) with its width, abutting the plot, as per Revenue Record/Tatima and/ or as existing at site physically, if not in Revenue Records;

(c)      Contours, with contour interval of 2 mtrs. for plots of size up to 2500 Sqm. and contour interval of 5mtrs. for plots of size more than 2500 Sqm.;

(d)      Existing water bodies like Bauri, Well, Nallah, Khud, if any;

(e)      Overhead or underground electrical lines with their capacities;

(f)       Water or sewerage lines private or government with their capacities;

(g)      Trees and Forest Boundary, if within or abutting the land under reference;

(h)     Layout plan showing all plots with their dimensions, internal roads/Driveways, setbacks from the internal roads and boundaries, Green areas comprising of parks and open spaces, community buildings such as school, dispensary, post office, bank etc. and all development;

(i)       Proposals including a general report and mode, so as to make the scheme self explanatory;

(j)       Area Schedule detailing total plot area as per revenue records and as available at site, total area of different land uses i.e. Residential, Commercial, Public/Semipublic, if any , area under internal roads/ driveways, footpaths, cycle tracks, Green area (parks and green belts), area under services like sewerage treatment Plants/ septic tanks and soak pits, Electrical Transformer or sub-station, overhead or underground water tanks with their respective capacities, accommodation for watch and ward staff.

A separate area calculation drawing sheet showing the calculations of worked out area of each plot and space by sub-dividing the plot / space into geometrical shapes and working out area on the basis of dimensions of the sub-divided geometrical shapes to arrive at absolutely correct area of each plot / each space including open area, green area etc.;

(k)      North direction; and

(l)       Table/ Chart showing details of sub-divided/ carved out plots i.e. number of plots in each category, Plot area, Ground Coverage and its percentage , front sides and rear setbacks , FAR etc.

(vii)   For Residential/Commercial or Mixed Development Projects:-

Three sets of drawings in the scale of 1:100, in the format of working drawing, showing North direction, dimensions and area of building, apartment/flats/Shops etc. and other architectural details and specifications of proposed building, apartment/ flat/shop and all development proposals along with Schedule of built up area and open area, setbacks, area calculation sheet showing the calculations of worked out area of each plot or apartment/flat/shop, so as to make the scheme self explanatory.

The plans, elevations and sections of the building shall be drawn to a scale of 1:100 for plots measuring upto 2500 M2; and 1:200 for plots measuring more than 2500 M2.

A separate area calculation drawing sheet showing the calculations of "carpet area" of each saleable unit like flat/apartment/ villa/cottage/garage/covered parking/ commercial unit/ club house/gym/ community centre/exclusive balcony or verandah/ exclusive terrace etc, that the promoter intends to sell/lease to prospective allottees in a real estate project, in accordance with the definition of "carpet area" as per the provisions of Real Estate(Regulation and Development) Act, 2016 and as is required as per serial no. 2(XII) FORM A specified in Himachal Pradesh Real Estate(Regulation and Development) Rules, 2017.

Similarly, the area calculation drawing sheet showing the calculations of all "common areas" that the promoter intends to sell/lease to prospective allottees in a real estate project on pro rata share basis, in accordance with the definition of "common areas" as per the provisions of Real Estate(Regulation and Development) Act, 2016.

The carpet area of each saleable unit and common areas in a real estate project should be worked out by sub-dividing the saleable unit / space into geometrical shapes and working out area on the basis of dimensions of the sub-divided geometrical shapes to arrive at absolutely correct area of each saleable unit and common area in a real estate project.

These shall show:-

(a)      the plans of all the floors including basements and all external elevations and cross sections illustrating distinctly all the different levels and minimum one section through stair case;

(b)      the plinth level of the building with reference to the level of the mean level of street from where approach to the site is taken;

(c)      the schedule indicating the size of the doors, windows, openings and other methods of ventilation of each room/ area;

(d)      the means of access to the buildings and to its various floors as well as the means of escape in case of fire, if required under the specific law/ Code; along with ramps and steps with respect to the building;

(e)      in case of proposed additions and alterations in the existing building, all new works shall be shown on the drawings in distinctive colors along with index;

(f)       the method of disposal of waste water, sewage, storm water and water supply in detail;

(g)      provision of rain water harvesting system as per relevant Code in force ; and

(h)     provision for photo voltaic solar power plant as per relevant Code in force; and

(i)       provision for differently abled person(s) as per Act/rules in force.

(viii)  an explanatory note explaining the salient features of the proposed Real Estate Project in particular, the source of wholesome water supply arrangements and site for disposal and treatment of storm and sullage water. Detailed specifications and designs of water supply schemes, storm water, sullage, sewage, sewerage and provision for muck disposal with estimated costs ;

(ix)    three sets of drawings showing the cross-sections of the proposed roads indicating, in particular the width of the proposed drainage ways, cycle tracks and footpaths, green verges, position of electric poles, telephone poles and any of other works connected with such roads. These drawings shall indicate the position of sewers, storm water channel, water supply and any other public health services. The detailed specifications and designs of roads, works thereof;

(x)      one set of detailed specifications and structural design of buildings or apartments/flats with estimated cost of buildings or apartments/flats and Structural Stability Certificate and Soil Investigation Report thereof in FORM 15;

(xi)    a set of detailed specification and design for electric supply including street lighting, etc ;

(xii)   an undertaking in the shape of self-declaration to the effect that while constructing the building or apartment/flat, the owner/promoter shall abide by and conform to the Himachal Pradesh Public Works Departments specification(s) for the quality of material to be used and quality of constructions;

(xiii)  a note indicating the type of development proposed i.e. land Use or building use, namely residential or commercial or industrial or public and semi-public use etc.; and

(xiv)  the name and address of the registered Town Planner/ Architect/ Engineer.

(3)     I/We further hereby enclose the following documents, namely:-

(i)       Check List as per Appendix 7.

(ii)      Receipt in the shape of e-Challan or Challan or e-Payment or Demand Draft drawn in favour of the Competent Authority amounting to Rs. .......................only (Rs .......................only) as application fee.

(4)     It is further requested that I /we may be exempted from providing the following amenity or amenities in the proposed Real Estate Project and an explanatory note, in duplicate, along with plans marked A.B.C. (so on) as to why the said amenity or amenities are not required to be provided in the Real Estate Project are enclosed herewith:-

(i)       .....................................................................

(ii)      .....................................................................

(iii)     .....................................................................

(5)     I/We solemnly affirm and declare that the particulars given in para 1 to 4 above are correct to the best of my/our knowledge and belief.

Enclosures: As above. Yours faithfully,

Dated:.......................Signature of Applicant(s),

along with full Name(s) and

correspondence address

..............................................

..............................................

Phone No.......................

E-mail address.......................

Rule - 4. Insertion of Form 35 and 36.

After FORM 34 so substitute the following Forms 35 and 36 shall be inserted, namely:-

 

"TOWN AND COUNTRY PLANNING DEPARTMENT

HIMACHAL PRADESH

FORM-35

(See rule 42)

APPLICATION FOR PART COMPLETION/COMPLETION CERTIFICATE

IN RESPECT OF REAL ESTATE PROJECTS

 

To

The Director,

Town and Country Planning Department,

Himachal Pradesh, Shimla.

Sir,

I/We hereby apply for Part/Competition Certificate for Real Estate Project registered under

The Real Estate (Regulation and Development) Act, 2016 (Act No. 16 of 2016) vide No....................... dated ....................... valid upto ....................... As required, I /we hereby submit the following documents and information as under,-

(i)       a copy of development permission granted by the Competent Authority;

(ii)      a copy of the detailed Plan of the project showing the works undergoing or completed for which the Part Completion Certificate is required, along with detailed list of apartments/plots completed;

(iii)     Structure Stability Certificate in accordance within the provision of Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977.

(iv)    an explanatory note clearly indicating the details of external development works which have been completed or are in progress or are yet to be undertaken in conformity with the approved plan;

(v)      valid copy of the Consent to Establish the project issued by the Competent Authority;

(vi)    No Objection Certificate from Fire Department; and

(vii)   any other information,-

.....................................................................

Yours faithfully,

Applicant (s).......................

Address.......................

Phone No.......................

E-mail address.......................

*Note.-Strike out which is not applicable.

 

TOWN AND COUNTRY PLANNING DEPARTMENT

HIMACHAL PRADESH

FORM-36

(See rule 42)

*PART COMPLETION/COMPLETION CERTIFICATE

IN RESPECT OF REAL ESTATE PROJECTS

 

No.......................Dated.......................

To

Shri/Smt./M/s.......................

..............................................

Subject.-Part Completion/Completion Certificate.

Reference: Your Application No.......................dated .......................

This is in reply to your Application under reference for issuance of Part Completion/Completion Certificate. This Part Completion/Completion Certificate is hereby granted in your favour for the Building/Apartment /Flat/Plot No....................... Block No....................... situated at Village/Town ....................... Tehsil ....................... District....................... Himachal Pradesh and to the Real Estate Project registered under the Real Estate (Regulation and Development) Act, 2016 vide No....................... (Name of Real Estate Project) situated at Village/Town ....................... Tehsil ....................... District....................... Himachal Pradesh, as the development works have been completed by you, in respect above named of Building/Apartment /Flat/Plot No.......................Block No....................... or in respect of Real Estate Project , as per terms and conditions of the permission granted to you under provisions of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977).

Director,

Town and Country Planning Department,

Himachal Pradesh, Shimla.

Copy to:-

The Chairman, Real Estate Regulatory Authority, Shimla, Himachal Pradesh for information and further necessary action.

Director,

Town and Country Planning Department,

Himachal Pradesh, Shimla.

*Note.-Strike out which is not applicable.

Rule - 5. Substitution of Appendix-7.

For Appendix-7, appended to the said rules, the following Appendix shall be substituted, namely:-

"APPENDIX-7

(See rules 13, 14 and 41)

REGULATIONS FOR DEVELOPMENT OF REAL ESTATE PROJECTS

(Above 2500M2)

(1)     The Real Estate Project :

The Real Estate Project shall mean the Real Estate Project as defined in the Real Estate(Regulation and Development) Act, 2016(Act No. 16 of 2016). There shall be following five types of Real Estate Projects:-

(a)      Plotted Development Project.

(b)      Group Housing Project.

(c)      Mixed Development (Residential and Commercial Use) Project.

(d)      Commercial Project.

(e)      Integrated Townships/New Townships/Smart Townships.

(2)     Application and documents for development permission of a Real Estate Project:

2.1 Any promoter, who desires to develop a Real Estate Project, shall make an application in writing in FORM 34 along with application fee of Rupees one thousand to the Competent Authority for grant of development permission. Separate development permission shall be required for each Real Estate Project. The Promoter shall furnish therewith,-

(a)      proof/receipt of e-payment or e-challan or copy of challan or a demand draft drawn in favour of the Competent Authority for planning permission fee, project fee and service charges;

(b)      copy of Permanent Account Number (PAN) and Aadhar Card; and

(c)      the following Plans, Drawings and other documents shall be submitted either personally or by post i.e. off line or online, namely:-

(i)       a copy of latest Jamabandi (not being more than six month old), in original showing the title/ownership of the land under the Real Estate Project;

(ii)      a copy of latest original Tatima(not being more than six month old), showing Khasra number(s), description and area of land in question, abutting Road/path with its width as well as adjoining Khasra numbers falling on all the outer limits/ boundaries of the land in question with their revenue classification;

(iii)     details of encumbrances on the land on which development of project is proposed including details of any rights, title, interest, dues, mortgage, litigation in Revenue Courts and name of party in or over such land or non-encumbrance certificate from an Advocate having experience of at least ten years or from the revenue authority not below the rank of Tehsildar/ Naib Tehsildar, as the case may be;

(iv)    three sets of Location Plan in the scale of 1:1000 showing North direction, indicating the land in question, showing main approach road(s), name of road(s) on which the property and boundaries abuts, important public buildings like hospital, school, cinema, petrol pump, existing land uses / building uses surrounding the land.

(v)      The Site Plan to be submitted along with the application for seeking permission shall be drawn to a scale of 1: 200 for plots up to 2500 square metres in size and on a scale of 1:500 for plots more than 2500 square metres in size. The plan shall show the following:-

(a)  The boundaries of the site conforming to revenue tatima and any contiguous features;

(b)  The position of the site in relation to neighbouring street/ revenue road/rasta;

(c)  The names and width of the streets on which the building is proposed to be situated, if any;

(d)  All existing buildings standing on, over or under the site;

(e)  The means of access from the street to the building, and to all other buildings, if any which the applicant intends to erect upon his contiguous land, referred to in clause (a) above;

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

(g)  The direction of North point relative to the plan of the buildings.

(h)  Any existing physical features such as drains, trees, overhead/ underground electric supply lines including its capacity, etc.;

(i)   The area of land under scheme as per revenue record and as available at site, ground coverage and the covered area on each floor along with its percentage covered to the total area of the site;

(j)   The contour plan @ contour interval of 2 mtrs. for plots up to 2500 square metres and 5 mtrs. for plots above 2500 square metres.

(k)  Details of utilities and services like water supply, drainage, sullage, sewage, sewerage along with disposal of drainage, sullage, sewage, position of septic tank, soak pit, Sewerage Treatment Plant, rain harvesting tank, electric and telephone poles, fire hydrants, emergency evacuation signage.

(vi)    For Plotted Development projects i.e. sub-division of land into plots, three sets of drawings in the scale of 1:200 for plots of size up to an area of 2500 Sqm. and to the scale 1:500 for plots of sizes more than 2500 Sqm showing:-

(a)      Layout plan/site plan showing boundaries of site conforming to revenue tatima and status of land on all four sides;

(b)      Existing road(s) with its width, abutting the plot, as per Revenue Record/ Tatima and/ or as existing at site physically, if not in Revenue Records;

(c)      Contours, with contour interval of 2 mtrs. for plots of size up to 2500 Sqm. and contour interval of 5 mtrs. for plots of size more than 2500 Sqm.;

(d)      Existing water bodies like Bauri, Well, Nallah, Khud, if any;

(e)      Overhead or underground electrical lines with their capacities;

(f)       Water or sewerage lines private or govt. with their capacities;

(g)      Trees and Forest Boundary, if within or abutting the land under reference of Plot/ sub-division;

(h)     Layout plan showing all plots with their dimensions, internal roads/ Driveways, setbacks from the internal roads and boundaries, Green areas comprising of parks and open spaces, community buildings such as school, dispensary, post office, bank etc. and all development proposals including a general report and mode, so as to make the scheme self-explanatory;

(i)       Area Schedule detailing total plot area as per revenue records and as available at site, total area of different land uses i.e. Residential, Commercial, Public/ Semi-Public if Any, area under internal roads/ driveways, footpaths, cycle tracks, Green area (parks and green belts), area under services like sewerage treatment Plants/ septic tanks and soak pits, Electrical Transformer or substation, overhead or underground water tanks with their respective capacities, accommodation for watch and ward staff .

A separate area calculation drawing sheet showing the calculations of worked out area of each plot and space by sub dividing the plot / space into geometrical shapes and working out area on the basis of dimensions of the sub-divided geometrical shapes to arrive at absolutely correct area of each plot / each space including open area, green area etc;

(j)       North direction; and

(k)      Table/ Chart showing details of sub divided/ carved out plots i.e. No. of plots in each category, Plot area, Ground Coverage and its percentage, front sides and rear setbacks , FAR etc.

(vii)   For Residential/ Commercial or Mixed Development Projects

Three sets of drawings in the scale of 1:100, in the format of working drawing, showing North direction, dimensions and area of building, apartment/flats/shops etc. and other architectural details and specifications of proposed building, apartment/flat/shop and all development proposals along with Schedule of built up area and open area, setbacks, area calculation sheet showing the calculations of worked out area of each plot or apartment/flat/shop, so as to make the scheme self explanatory.

The plans, elevations and sections of the building shall be drawn to a scale of 1:100 for plots measuring upto 2500 M2; and 1:200 for plots measuring more than 2500 M2.

A separate area calculation drawing sheet showing the calculations of "carpet area" of each saleable unit like flat/ apartment/ villa/ cottage/ garage/ covered parking/ commercial unit/ club house/ gym/ community centre/ exclusive balcony or verandah/ exclusive terrace etc, that the promoter intends to sell/lease to prospective allottees in a real estate project , in accordance with the definition of "carpet area" as per the provisions of Real Estate (Regulation and Development) Act, 2016 and as is required as per serial no. 2(XII) form A prescribed in Himachal Pradesh Real Estate (Regulation and Development) Rules, 2017.

Similarly, the area calculation drawing sheet showing the calculations of all "common areas" that the promoter intends to sell/lease to prospective allottees in a real estate project on pro rata share basis, in accordance with the definition of "common area" as per the provisions of Real Estate(Regulation and Development) Act, 2016.

The carpet area of each saleable unit and common areas in a real estate project should be worked out by sub-dividing the saleable unit / space into geometrical shapes and working out area on the basis of dimensions of the sub-divided geometrical shapes to arrive at absolutely correct area of each saleable unit and common area in a real estate project.

These shall show.-

(a)      The plans of all the floors including basements and all external elevations and cross sections illustrating distinctly all the different levels and minimum one section through stair case;

(b)      The plinth level of the building with reference to the level of the mean level of street from where approach to the site is taken;

(c)      The schedule indicating the size of the doors, windows, openings and other methods of ventilation of each room/ area;

(d)      The means of access to the buildings and to its various floors as well as the means of escape in case of fire, if required under the specific law/Code; along with ramps and steps with respect to the building;

(e)      In case of proposed additions and alterations in the existing building, all new works shall be shown on the drawings in distinctive colors along with index;

(f)       The method of disposal of waste water, sewage, storm water and water supply in detail;

(g)      Provision of rain water harvesting system as per relevant Code/law in force;

(h)     Provision for photo voltaic solar power plant as per relevant Code in force;

(i)       Provision for differently abled person(s) as per Act/rules in force.

(viii)  an explanatory note explaining the salient features of the proposed Real Estate Project in particular, the source of whole some water supply arrangements and site for disposal and treatment of storm and sullage water. Detailed specifications and designs of water supply schemes, storm water, sullage, sewage, sewerage and provision for muck disposal with estimated costs;

(ix)    three sets of drawings showing the cross-sections of the proposed roads indicating, in particular the width of the proposed drainage ways, cycle tracks and footpaths, green verges, position of electric poles, telephone poles and of any of other works connected with such roads. These drawings shall indicate the position of sewers, storm water channel, water supply and any other public health services. The detailed specifications and designs of roads, works thereof;

(x)      one set of detailed specifications and structural design of buildings or apartments/flats with estimated cost of buildings or apartments/flats and an undertaking regarding the Structural Stability Certificate and Soil Investigation Report thereof in FORM 15;

(xi)    a set of detailed specification and design for electric supply including street lighting, etc. ;

(xii)   an undertaking in the shape of self-declaration to the effect that while constructing the building or apartment/flat, the promoter shall abide by and conform to the Himachal Pradesh Public Works Departments specification(s) for the quality of material to be used and quality of constructions;

(xiii)  a note indicating the type of development proposed i.e. land Use or building use, namely residential or commercial or industrial or public and semi-public use etc.; and

(xiv)  the name and address of the registered Town Planner/ Architect/ Engineer.

Note.-(i) The Location Plan, Site Plan and drawings can be drawn on single sheet or in multiple sheets depending upon the size and area of the land or building or apartment, as the case may be.

(ii) The Plans and Drawings specified in clause (c) of sub-regulation 2.1 shall be clear and legible on A0 prints.

(iii) If the promoter wants to be exempted from providing any one or more of the amenities in a Real Estate Project, he shall furnish detailed explanatory note, in duplicate, along with the application indicating the reasons as to why the said amenity or amenities need not or cannot be provided.

(3)     Grant of development permission and deposit of Fee:

(i)       On receipt of the application, the Competent Authority, after making enquiry into the title to the land, extent and situation of the land, other information provided with the application, layout of the Real Estate Project, conformity of the development of the Real Estate Project, plan of development works to be executed in the Real Estate Project and such other matters as it may deem fit, and after affording the applicant an opportunity of being heard, shall pass an order, in writing, recording reasons either granting or refusing to grant such permission as per these Regulations.

(ii)      Where an order is passed granting permission, the Competent Authority shall grant approval, to deposit the requisite fee or any other condition, as the case may be. The permission fee shall be as prescribed under rule 16 of these rules and shall be deposited in the respective heads of the map approving Authorities.

(iii)     The planning permission granted to Real Estate Project shall be valid for a period of 3 years and may be renewed thereafter for a period of one year at a time on payment of fee @ 20% of planning permission fee to the, Competent Authority subject to maximum time period as specified by the Promoter for project completion in the Affidavit-cum-declaration on FORM-B of the Himachal Pradesh Real Estate (Regulation and Development) Rules, 2017.

(iv)    The promoter shall not make any alterations or additions in the sanctioned plans, layout plans and specifications of the buildings or the common areas within the project without the previous written consent of at-least two-thirds of the allottees, other than the promoter, who have agreed to take apartments/plot in such building. In case of addition or alteration in the project, after taking consent of the buyer(s), the Promoter shall submit the revised project plans to the Competent Authority on simple application highlighting the proposed changes in the project vis-a-vis original approved project along with fee @ 20% of planning permission fee.

(v)      The Promoter either himself or by any other person or entity shall develop infrastructure, amenities and common facilities such as schools, hospitals, community centres and other community buildings including street lighting on the land set apart for this purpose as per approved layout plan of the Real Estate Project. He shall handover such land and assets to the local authority including Panchayati Raj Institutions and Urban Local Bodies in running order on such terms and conditions as may be fixed by the Competent Authority:

Provided that if having regard to the amenities which exists or are proposed to be provided in the locality, the Competent Authority is of the opinion that it is not necessary to provide one or more of such amenities, he may exempt the Promoter from providing such amenities, either wholly or in part, on such terms and conditions, as he may deem fit.

(vi)    The Promoter shall carry out all directions issued by the, Competent Authority for ensuring due compliance of the execution of the layout and the development works therein and to permit the Competent Authority or any officer authorized by him to inspect such execution:

Provided that the promoter shall fully provide essential infrastructure i.e. roads, foot-paths, water supply, sewerage and street lighting in running order before handing over the Real Estate Project to the local authority or allottees, as the case may be.

(vii)   The Promoter shall be responsible for the maintenance and upkeep of all roads, open spaces, public parks and public health services until the date of transfer thereof in running order, free of cost to the local authority including Panchayati Raj Institutions and Urban Local Bodies or Resident Welfare Association. Where the basic amenities have been provided by the local authorities, including Panchayati Raj Institutions and Urban Local Bodies, the promoter shall pay service charges to such local authorities, as may be prescribed, by such authorities till transfer.

(4)     Site selection:

The site may be selected in such area which is going to be proposed for Real Estate Project and the same is not having non-conforming uses like obnoxious uses, industrial and dumping ground etc. as the case may be, in its vicinity. If any site selected by an applicant/investor is not contiguous and some area is not acquired due to resistance of local public, in such cases the State Government will provide assistance in resolution of such contentious issues as well as acquisition of same. For any parcel of Government land falling within the selected site or in vicinity of the selected site which may be required for the project, the State Govt. may provide such land parcels on Lease to the applicant/Investor.

(5)     Check List:

A Check List showing Regulatory provisions and fulfillment thereof shall have to be submitted along with the proposal for Real Estate Project as under:-

Check List

(6)     Size and shape of Scheme Area:

The permission cases of Real Estate Projects shall be considered in the form of complexes and not on ribbon development pattern along Highways/Major Roads.

(7)     Slope:

Real Estate Project shall be allowed upto 450 slopes.

(8)     Land Use Structure of the Real Estate Projects:

Note.-

(a)      Regulations i.e. Set Backs, Floor Area Ratio (FAR), Coverage, Storey etc. for building permission for particular use in Plotted Project where only plots have been carved out shall be as prescribed under respective Interim Development Plan, Development Plan and the Himachal Pradesh Town and Country Planning Rules, 2014, as the case may be.

(b)      Regulations i.e. Set Backs, Floor Area Ratio, Coverage, Storey etc. for Mixed Project where partly plotted and partly flatted and flats/ apartments (Residential as well as Commercial Use) have been proposed shall be as prescribed under respective Interim Development Plan, Development Plan and the Himachal Pradesh Town and Country Planning Rules, 2014 and as per regulations of Appendix-7, as the case may be.

(c)      Regulations i.e. Set Backs, Floor Area Ratio, Coverage, Storey etc. for Commercial Use Project where shops/showrooms/flats/apartments have been proposed shall be as prescribed under respective Interim Development Plan, Development Plan and the Himachal Pradesh Town and Country Planning Rules, 2014, as the case may be:

Provided that the Director, for the reasons to be recorded in writing, may relax the percentage prescribed at Serial Nos.(1) to (6) above in the table, keeping in view the location/site constrains/alternative arrangements of the Real Estate Project.

Explanation.-

(i)       In case of the lower size of plots measuring less than 2500 M2, the Regulation of the concerned Interim Development Plan, Development Plan of the Himachal Pradesh Town and Country Planning Rules, 2014, as the case may be, shall be applicable.

(ii)      Under Commercial Use, convenient shops @ of one shop per 150 persons shall have to be provided. These will include service shops like vegetable, shoe repair, dry cleaning, tailor, barber, general merchandise etc. The purpose of these shops should clearly be mentioned in the Plan and should be accordingly allotted after completion.

Further, in the approved residential group housing projects and plotted colonies, all plots, buildings with shops, educational and health facilities may be sold by the promoter, except for the plots and buildings earmarked for community centre/ club house. The promoter as well as the competent authority shall ensure that all plots/areas shall be used/ developed for the approved use only by the respective buyers.

(iii)     In case Public and Semi-Public amenities like schools, health services etc. are available in the vicinity and the same are adequate to cater for the requirements of inhabitants, detail thereof shall have to be given at serial number 15 of the Check List as prescribed under sub-regulation 5. However, provision of toilets and urinals @ two toilets, one for ladies and one for gents, per 1000 persons and provision for Kindergarten/ to lots etc. shall have to be made in every Real Estate Project.

(9)     Means of Access:

(i)       Access from Main Road to the Real Estate Project site

The minimum access/approach from main road to the project site for construction of Real Estate Project with a population upto 1000 persons shall not be less the 5.00 Metre and for population above 1000 persons shall not be less than 6.00 Metre.

However, in case of low-rise, low density and isolated group housing projects an access/approach not less than 3.00 Meters can be considered. Such a project shall have an overall FAR of not more than 1.0 and minimum building height of 10 Meter.

(ii)      In case if the access/approach road is 3 metre in width and abutting/passing the Real Estate Project, in such project 2 metre additional land along the complete length of road shall be surrendered by the applicant to meet the 5 meter minimum road width required for the proposed project.

(iii)     Internal Access within the Real Estate Project Width and length of means of internal access within the Real Estate Project shall be as under:

(a)      For plain areas:-

(b)      For hilly areas:-

(iv)    Foot paths

Promoter shall endeavour to provide footpaths within the prescribed width of roads/lanes as above along with the main roads/ lanes.

(10)   Parking Provision:

In case of Real Estate Project parking provision shall have to be provided @ 1.5 Equivalent Car Space (ECS) area per 100 M2 of built up area. However, minimum 1 Equivalent Car Space (ECS) per residential unit shall be mandatory in all projects. In case of Economically Weaker section (EWS) parking provision shall have to be provided minimum @ 0.5 Equivalent Car Space (ECS) area per 100 M2 of built up area. Maximum height of parking floor shall be 3.00 M for Residential Use and 4.00 M for Other uses.

(11)   Floor Area Ratio (FAR) :

Maximum Floor Area Ratio (FAR) shall be 1.75. However, in all Real Estate projects, the Premium FAR upto 0.75 over and above the base/permissible FAR of 1.75 shall be granted for all types of land-uses subject to payment of charges/ fee prescribed by the State Government.

(12)   Floor Height and Maximum Height of Building :

The minimum floor height of habitable floor of building may vary from 2.75 Metre to 3.50 Metre. However, the overall height of the buildings in Real Estate Projects shall not exceed 30.00 Metre in plain areas and 25.00 Metre including sloping roof in hilly areas. As per the Urban and Regional Development Plans Formation and Implementation Guidelines, 2014 and National Building Code, 2016 hilly areas is any area above 600 Metre in height from mean sea level, or any area with average slope of 30°. Maximum height of sloping roof shall be in accordance with the volume of structure and the same shall not be less than 300 slope of the roof.

The height of the building shall be measured from plinth of the building to the ridge of the roof. The minimum slope of the roof/ dormer shall not be less than 300.

The colour of the roof shall be in post office red or grey green or any other colour conforming to the colour of the natural roofing material.

(13)   Set Backs:

In a Real Estate Project the Block to Block distance shall be 1/3rd of average height of Blocks subject to minimum of 6.00 Meter. Distance of buildings from the adjoining properties and side Set Backs for plain area shall not be less than 1/3rd and for hilly area 1/4th of the height of the respective adjacent Block subject to minimum of 3.00 Meter. All the projections of the buildings including any appurtenant shall be at a minimum distance of 1.00 Meter from footpath or 2.00 Meter from the roads/ lane.

(14)   Structural Stability:

The Structural Stability provisions including Soil Investigation Report have to be strictly adhered as specified under section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977(Act No. 12 of 1977) and rule 21 of the Himachal Pradesh Town and Country Planning Rules, 2014. Monitoring of the same shall be ensured at each floor level and Completion Certificate in this regard shall be furnished to the Director, Town and Country Planning Department, Himachal Pradesh, Shimla.

(15)   Environment and Health:

(i)       Proper air, light and ventilation to each dwelling unit shall be ensured. At least 3 hours sun may be available for each flat during winters. However, if the Water Closets (WCs) and Bath Rooms are not opening on to front, side, rear and interior open spaces, these shall open on to the ventilation shaft. The minimum size of which shall be as under:-

(ii)      Environmental conditions for sanctioning Building Plans:

In view of Notification No. S.O. 3999 (E), dated 9-12-2017 of the Ministry of Environment and Forests and Climate Change, Government of India, New Delhi and accordingly further directions of the State Government circulated vide letter No. STE-E(3)-4/2016, dated 1-5-2017, Regulations for Environmental conditions for sanctioning Building Plans shall be applicable in to in all the Planning Areas, Special Areas and Deemed Planning Areas in the State of Himachal Pradesh.

(16)   Safety Measures:

(i)       In case of buildings above 15.00 Meter of height, No Objection Certificate (NOC) from the Director, Fire Services or Chief Fire Officer, as the case may be, shall be required only at Completion Stage.

(ii)      The provision of stair cases shall be as per clause 4.6.2 of Part-IV of the National Building Code of India, 2016 i.e. minimum of 2 stair cases for floor area of more than 500 M2. Atleast one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 Meter i.e. 1.50 Meter in one flight.

(iii)     Upto 4 storeys plus 1 parking floor, provision for a lift shall be optional.

(iv)    However, for more than 4 storeys plus 1 parking floor, it shall be mandatory requirement. The Promoter has to make provision for power back up for the lift and general lighting within and outside the building at his own cost.

(v)      Adequate system of fire hydrants/ firefighting systems to the satisfaction of Director General, Fire Services or Chief Fire Officers or the District Level Fire Officer, as the case may be, shall be required.

(17)   Rain Water Harvesting:

Adequate provision for rain water harvesting structure @ 20 Liters per M2 of the roof top area shall be made underground and the same shall be used for the purposes other than drinking and cooking.

(18)   Parks and Open Spaces:

Area under parks and tot lots shall have to be properly developed by providing retaining walls, railings, plantation etc. and amidst the Blocks; proper landscaping of the Real Estate Project area in accordance with the design shall be ensured by the Promoter. The parks and green spaces shall be proposed/developed in two to three pockets only in centralized location accessible by the all the project allottes. One of the parks/green spaces shall be at least 50% of the overall area reserved under Parks and open spaces use.

(19)   Refuse Chute System:

The provision of the refuse chute system in the Real Estate Projets for collection of domestic solid wastes shall be mandatory for the buildings exceeding 5 number of storeys.

(20)   Existing Trees and Plantation:

(i)           No construction shall be allowed within a radius of 2.00 Meter from the circumference of trunk of an existing tree and 5.00 Meter from the forest boundary measured from the circumference of trunk of an existing tree.

(ii)         The Promoter shall ensure plantation of trees at least equivalent to the anticipated population of the area and the same shall have to be monitored by the Director, Town and Country Planning Department, Himachal Pradesh, Shimla. Local varieties of trees with exotic impact and attraction shall have to be planted.

(21)   Distance from Natural Drainage:

The distance from the Highest Flood Level (HFL) along Rivers, Khuds and Nallahs shall be as delineated in the Interim Development Plans / Development Plans and the Himachal Pradesh Town and Country Planning Rules, 2014. No construction shall be allowed in parcel of land prone to floods.

However, if there are nallahs or smaller water bodies flowing through the open land, which is again very common on hills, the promoter have the liberty to channelize these to the sides of site and may even use these for watering the green or parks area.

(22)   Distance from Roads:

Distance of structures from roads shall be adhered to as under:-

(23)   Distance from Electric Lines:

Adequate distance from all the electric lines including HT/LT lines as per the requirement of Himachal Pradesh State Electricity Board Limited (HPSEB Ltd.) Rules, shall be maintained. A Self Declaration/Certificate to this effect shall be submitted by the applicant in this regard.

(24)   Assessment of Power Requirement:

In case power requirement assessment exceeds 50 KW, proper space for installation of Electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the Himachal Pradesh State Electricity Board (HPSEB) Ltd. and accordingly report shall have to be furnished.

(25)   Development of Infrastructure and its Maintenance:

The Promoter shall construct roads, drains, lay electricity lines, sewerage and make provision for disposal of solid waste etc. Suitable site has to be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on sides of the road. The Promoter has to provide street light poles, each at a distance of 30.00 Meter on either side of the roads. The provision of community water reservoir has to be made in the Scheme. All the infrastructural services shall be maintained by the Promoter till the time a Society is formed and got registered by the residents of the Scheme or Municipal Corporation or Municipal Council or Nagar Panchayat or Special Area Development Authority (SADA) or Panchayat, as the case may be, undertakes the maintenance pursuits of the area.

(26)   Control on Registration of Real Estate Projects and release of service connections:

The Sub-Registrar shall not register sale deed of a Flat/Apartment which has been constructed in violation of an approved plan of Real Estate Project. Similarly, the Himachal Pradesh State Electricity Board Limited as well as Himachal Pradesh Irrigation and Public Health Department shall not release any service connection without obtaining No Objection Certificate for releasing service Connections, of the Director, Town and Country Planning Department, Himachal Pradesh, Shimla under provision of Section 83-A of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977).

(27)   Supervision:

The registered Architect from the Council of Architecture and Structural Engineer, Graduate in Civil Engineering with 3 years experience in Structural Engineering and the Town Planner registered from the Institute of Town Planers India shall be competent for supervision of development of land as per provisions of Annexure-A of Part II of the National Building Code, 2016 (as amended from time to time).

(28)   Preservation of the Natural Hill Profile:

Promoter shall endeavour to develop the Real Estate Project along the slopes of hill without much disturbance to the natural hill profile. In no case hill cut at any level shall exceed 3.50 Metre.

(29)   Preservation of local Heritage and Hill Architecture:

As far as possible local Heritage and Hill Architecture imperatives shall have to be ensured and incorporated in the designs in terms of facades, sloping roof, windows, doors etc. in hilly areas.

(30)   Urban and Regional Development Plans Formulation and Implementation (URDPFI) Guidelines:

In case of any clarification with reference to any provision or if there is no any specific provision, the provisions as envisaged in the Urban and Regional Development Plans Formulation and Implementation (URDPFI) Guidelines, 2014 of the Government of India or the National Building Code, 2016 ( as amended from time to time) of India shall have to be adhered to.

(31)   Disclaimer:

The onus of obtaining all the necessary approvals/clearances required from all the concerned Departments in respect of Self-Declaration/Certificate given by the Promoter before starting actual execution of the work shall be on the Promoter. Regarding availability of physical infrastructure such as water supply lines, sewerage lines, electricity lines, disposal of solid waste etc. the codal formalities as per the provisions of the concerned Department are required to be adhered by the Promoter at his own risk and cost. Further, the Department of Town and Country Planning shall not be liable for any violations done by the applicant in respect of other applicable acts, rules and any legal dispute."