THE CUTTACK DEVELOPMENT AUTHORITY (PLANNING AND BUILDING STANDARDS) REGULATIONS, 2001

PREAMBLE

Whereas the draft Cuttack Development Authority (Planning and Building Standard) Regulations, 2001 was published as required by Sub-section (1) of Section 125 of the Orissa Development Authorities Act, 1982 (Orissa Act 14 of 1982), in the Extraordinary Issue No. 1563 of the Orissa Gazette, dated: 29th December 1994, inviting objections and suggestions from all persons likely to be affected thereby till the expiry of a period of thirty days from the date of publication of the said notification in the Orissa Gazette.

And whereas objections and suggestions received during the stipulated period in respect of the said draft have been duly considered by the Authority.

Now, therefore, in exercise of the powers conferred by Sub-section (1) read with Clauses (viii) to (xviii) of Sub-section (2) of Section 124 of the Orissa Development Authorities, Act 1982 and with the previous approval of the State Government, the Cuttack Development Authority do here by frame the following regulations, namely:

REGULATIONS

PART -I

ADMINISTRATION

Regulation - 1. Short title, extent and commencement.--

(1)     These Regulations may be called the Cuttack Development Authority (Planning and Building Standards) Regulations, 2001.

 

(2)     They shall extend to the whole of the area within the jurisdiction of Cuttack Development Authority.

 

(3)     They shall come into force on the date of their publication in the Orissa Gazette.

Regulation - 2. Definitions.--

In these Regulations, unless the context otherwise requires :

(1)     "Act" means the Orissa Development Authorities Act, 1982;

 

(2)     "air-conditioning" means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of conditioned space;

 

(3)     "Air Port Reference Point" means a designated point which is established in the horizontal plane at or near the geometric centre of the landing area;

 

(4)     "alteration" means a change from one occupancy to another, or a structural change, such as an addition to the area or height, or the removal of part of a buildings or any change to the structure such as the construction of, cutting into or removal of any wall, partition, column, beam, joint, floor or other support, or a change to or closing of any required means of ingress or egress, or a change to the fixtures or equipment ;

 

(5)     "Appendix" means an appendix appended to these regulations;

 

(6)     "approved" means approved by the Authority;

 

(7)     "Art Commission" means the Commission constituted under Sub-section (1) of section 88 of the Act;

 

(8)     "Authority" means the Cuttack Development Authority and does not include its employees acting individually. The powers and responsibilities of the Authority under this Regulation can not be delegated, unless specifically provided for in this Regulation, the Act, the Rules or, unless notified by the government;

 

(9)     "balcony" means a horizontal cantilevered projection, including a hand rail or balustrade, to serve as passage or sitting out place;

 

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

 

(11)   "basement or cellar" means lower storey of a building not less than 0.9 metres and not more than 1.2 metres above the ground level;

 

(12)   "basti area" means an area declared as such under a development plan and in the absence of such declaration, any area comprising old settlements covering such extent of lands as may be determined by the Authority in consultation with concerned Local Body with prior approval of Government;

 

(13)   "basti plot" means a plot having a width ranging between 3.5 and 6.3 metres, the depth being more than three times the width, and located in a basti area;

 

(14)   "builder" means an applicant, land owner, contractor, holder of power of attorney of the land owner, allottees, engineers and architects (who have signed the plan, design or estimate), the partnership, trust or company which has any responsibility in construction;

 

(15)   "building" means any structure for whatsoever purpose and of whatsoever materials constructed 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 anything affixed thereto or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures;

Explanation - Tents, shamianas, tarpaulins, shelters, etc., put up for temporary use shall not be considered as building.

(16)   "building accessory" means a subordinate building use of which is incidental to that of a principal building, on the same plot such as garage, coal or fuel shed, quarters of peons, choukidars, or domestic servants etc.;

 

(17)   "building height" means the vertical distance measured in the case of flat roofs, from the average level of the centre line of the adjoining street to the highest point of the building adjacent to the street; and in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof and in the case of gables facing the road, the mid-point between the eaves level and the ridges;

Explanation - If the building does not abut on a street, the height shall be measured above the average level of the ground around and contiguous to the building;

(18)   "building line" means the line up to which the plinth of a building adjoining a street or an extension of a street or on a future street may lawfully extend and includes the lines prescribed in any development plan in operation of any area under the jurisdiction of the Authority or specification indicated in any Town Planning or Development Scheme, or in these Regulations;

 

(19)   "chajja" or "sun-shade" means a sloping or horizontal structural overhang, usually provided over openings on external walls to protect it from sun and rain;

 

(20)   "Chawl" means a building so constructed as to be suitable for letting out as separate tenements, each consisting of not more than two rooms and with common sanitary arrangements;

 

(21)   "Chimney" means an upright shaft containing and encasing one or more flues provide for the conveyance to the outer air of any product of combustion, resulting from the operation of any heat producing appliance or equipment employing solid, liquid or gaseous fuel;

 

(22)   "Combustible materials" means a material, which burns or adds to a fire when used for combustibility in accordance with good practice;

 

(23)   "conversion" means the change of an occupancy to another occupancy or change in building structure or part thereof resulting in change of space or use requiring additional occupancy certificates;

 

(24)   "corner plot" means a plot at the junctions of and fronting on two or more intersecting streets;

 

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

 

(26)   "covered area" means:

 

(i)       in respect of ground floor, ground area covered immediately above the plinth level by the building but does not include the open space covered by-

 

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

 

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

 

(c)      Compound wall, get, slid, swing, canopy, areas covered by chajja or a like projection and staircase which are uncovered and open atleast on three sites and also open to sky;

 

(ii)      in respect of first and subsequent floors, all such areas which are not open to the sky;

 

(27)   "Cul-de-sac" means such means of access having length from 150 to 275 metres with an additional turning space at distance of at least 150 metres such turning space being not less than 81 square metres in area having no dimension less than 9 metres;

 

(28)   "detached building" means a building whose walls and roof are independent of any other building with open spaces on all sides;

 

(29)   "Development Plan" includes any development plan either interim or comprehensive or zonal plan in operation for any area under the jurisdiction of the Authority;

 

(30)   "Deviation" means any construction made in departure from the approved plan by way of internal alteration or additions, modifications in the total floor area, coverage, floor area ratio (FAR), setbacks, height, parking space, provision of public utilities etc.;

(31)   "Director, Town Planning" means the person appointed as Director of Town Planning under Sub-section (1) of Section 3 of the Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957);

 

(32)   "drain" means a line of pipes including all fitting and equipment, such as manholes, inspection chamber, traps, gullies and floor traps, used for the drainage of a building or a number of buildings, or yards appurtenant to the buildings within the same curtilage and includes open channels used for conveying surface water;

 

(33)   "drainage" means the removal of any liquid by a system constructed for this purpose;

 

(34)   "enclosed stair-case" means a stair-case, separated by fire resistant walls from the rest of the building;

 

(35)   "existing building or use" means a building, structure or its use as sanctioned/approved/regularised by the competent authority, existing before the commencement of these Regulations;

 

(36)   "exit" means a passage, channel or means of egress from any building, storey or floor area to a street or other open space of safety;

 

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

 

(38)   "Fire alarm system" means an arrangement of call joints or detectors, sounders and other equipments for the transmission and indication of alarm and sometimes used as signals for testing of circuits and whenever required for the operation of auxiliary services. This device may be workable automatically or manually to alert the occupants in the event of fire;

 

(39)   "Fire lift" means one type of lift specially designed for use by fire service personnel in the event of fire;

 

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

 

(41)   "floor" means the lower surface in a storey on which one normally walks in a building;

Explanation - The general term 'floor' unless otherwise specifically mentioned shall not refer to a 'mezzanine floor';

(42)   "floor area ratio (FAR)" means the quotient obtained by dividing the total covered area (plinth area) on all floors with the area of the plot;

FAR = Total covered area Of all floors/Plot area

(43)   "Floor space" means the usable space of rooms excluding corridors, toilets, staircases, balcony and the like;

 

(44)   "Form" means a form appended to these regulations;

 

(45)   "Foundation" means that part of a structure which is in direct contact with and meant for transmitting loads to the ground;

 

(46)   "Gallery" means an intermediate floor or platform projecting from a wall of an auditorium or a hall providing extra floor area, additional setting accommodation, etc. It shall also include the structures provided for seating in stadia;

 

(47)   "Garage-private" means a building or a portion thereof designed or used for parking of private owned motor driven or any other vehicles;

 

(48)   "Garage-public" means a building or portion thereof other than garage private, designed or used for repairing, servicing, hiring, selling or parking of motor driven or any other vehicles;

 

(49)   "Group Housing" means, apartment, or multi-storeyed housing for more than three dwelling units, where land is owned jointly and the construction is undertaken by a single agency.

 

(50)   "Habitable room" means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, cooking if it is used as a living room, but does not include bathrooms, water-closet compartments, laundries, serving and storage pantries, corridors, cellars, attics and spaces that are not used frequently or during extended periods;

 

(51)   "height of the building" means the height measured from the average level of the centre line of that portion of the street on which the site abuts;

 

(52)   "Heritage Zone" means the area as delineated in Comprehensive Development Plan or notified by the Authority;

 

(53)   "latrine-connected" means a latrine connected to the municipal sewer system;

 

(54)   "latrine-unconnected" means a latrine not connected to the municipal sewer system; it may be connected to a septic tank or suitable treatment or disposal system;

 

(55)   "ledge" means a shelf-like projection, supported in any manner whatsoever, except by means of vertical supports within a room itself but not having projection wider than 0-9 metre and at a minimum clear height of 2.2. metres from the floor level;

 

(56)   "loft" means an intermediary floor between two floors on a residual space in a pitched roof, above normal floor level, which is constructed or adopted for storage purposes;

 

(57)   "masonry" means an assemblage of masonry units properly bonded together with mortar;

 

(58)   "mezzanine floor" means an intermediate floor between two floors, above ground level, accessible only from the lower floor;

 

(59)   "multi-storey or high rise building" means a building whose height is 15 metres or more measured from the average level of the central line of the street on which the site abuts, or more than four floors excluding basement or stilt;

Explanation - All stair-case rooms, lift rooms, chimney and elevated tanks above the topmost floor and architectural features shall not be included in the number of floors in the calculation of the height of the building if the total height of such additional construction shall not exceed three metres.

(60)   "non-combustible material" means a material which does not burn nor add heat to a fire when tested for combustibility in accordance with good practice;

 

(61)   "non-conforming use of a building or land" means the use of a building or land existing at the time of commencement of these Regulations, and which does not conform to the Regulations pertaining to the zone in which it is situated;

 

(62)   (i) "Occupancy or use group" means the principal occupancy for which a building or a part of a building is used or intended to be used;

Explanation-I- For the purposes of classification of a building according to occupancy, an occupancy shall be deemed to include the subsidiary occupancies which are contingent upon it.

Explanation-II -The classification of buildings according to occupancy are as follows :

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

 

(b)      Institutional Buildings : These shall include any building or part thereof which is used for purposes such as medical or other treatment or care of persons suffering from physical or mental illness, disease, infirmity, care of infants, convalescents or aged persons and for penal or correctional detention in which the liberty of the inmates is restricted and special training centres. Institutional buildings ordinarily provide sleeping accommodation for the occupants and specialised non-commercial training centres. It includes hospitals, sanatoria, custodial institutions and penal institutions like jails, prisons, mental hospitals and reformatories. These shall include any building used for school, college or day care purposes involving assembly for instruction education or recreation where it is a part of education.

 

(c)      Assembly Buildings : These shall include any building or part of a building where groups of people congregate or gather for amusement, recreation, special, patrioric, civil travel and similar purposes, for example - theatres, motion picture houses, assembly halls, auditoria, libraries, exhibition halls, museums, skating rinks, gymnasium, restaurants, dance halls, club rooms, passenger stations, and terminals of air, surface and other public transportation services, recreation parlours and stadia. These shall include any building used for religious purposes like prayers, puja, worship, religious or spiritual congregation, discourses, rituals and functions.

 

(d)      Commercial Buildings : These shall include any building or part of a building which is used as shop, stores, market for display and sale of merchandise either wholesale or retail, office storage or a service facilities incidental to the sale of merchandise and located in the same building shall be included under this group. These shall include any building or part of a building which is used for transaction of business for the keeping of accounts and records for similar purposes by any Government or local authority or a body corporate, or a company or a person or group of persons.

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

 

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

 

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

 

(63)   "open space" or (setback) means an area forming an integral part of the plot, left open to the sky;

 

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

 

(65)   "Parking space" means an area enclosed or unenclosed, covered or open, of sufficient size to park vehicles, together with a driveway connecting the parking space with a street or any public area and, permitting ingress and egress of the vehicles;

 

(66)   "Pent house" means a covered space on the roof of building used for shelter during rains. It will have at least one side open;

 

(67)   "Plantation" means plantation of plants and trees;

 

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

 

(69)   "Plinth Area" means the built up covered area measured at the floor level of the basement or of any floor;

 

(70)   "Porch" means a covered surface supported on pillar or otherwise for the purpose of pedestrian or vehicular approach to a building;

 

(71)   "Public utility Service" means drainage, sewerage, electricity, water supply, garbage removal, solid waste disposal, sanitation, fire services, roads and any other support or infrastructure and the like for which a building has to depend on public bodies, authorities or agencies;

 

(72)   "Registered architect" means a qualified architect registered by the Council of Architecture under the Architect Act, 1972, who has paid the renewal fee of registration for the current year; and who has not been debarred by the Authority;

 

(73)   "River front zone" means the area abutting to the river as defined in the Development Plan/Development Scheme. If no such Development Plan/Development Scheme has been prepared it will include the area upto 500 feet from the edge of the river towards the land area including the embankment road;

Explanation - In the river front zone the development shall be guided by the special provisions made in these regulations.

(74)   "Road" means any access namely: highways, streets, lane, pathway, alley, stair way, place or bridge, whether a thoroughfare or not, over which the public have right of passage or access or have passed and had access uninterruptedly for a specified period, and includes all bunds, channels, ditches, storm water drains, culverts, side tracks, traffic islands, road side trees and hedges, retaining walls, fences barriers and railing within the road line;

 

(75)   "road line" means the line defining the side limits of the road;

 

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

 

(77)   "Rule" means the Orissa Development Authorities Rules, 1983;

 

(78)   "Schedule" means a schedule appended to these regulations;

 

(79)   "Section" means section of the Act;

 

(80)   "Semi-detached building" means a building detached on three sides (front, rear and side) with open spaces as specified under regulations 33 to 36;

 

(81)   "Setback line" means a line usually parallel to the plot boundaries and laid down in each case by the Authority beyond which nothing can be constructed towards the plot boundaries and shall not apply to slums taken up under an approved programme of the Government subject to the specific sanction of the State Government, and subject to the conditions that there will not be more than 25 plots in one cluster, and the area of each plot in the cluster shall not exceed 250 square feet;

 

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

 

(83)   "Storey" means the space between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it, but shall not include a mezzanine floor;

 

(84)   "Supervisor" means:

(a)      A person having diploma in Architectural Assistantship or intermediate in Architecture, or

 

(b)      Diploma in Civil Engineering or Degree in any other discipline of Engineering

 

(c)      Trade certificate in Civil draughtsmanship from I.T.I.

 

(85)   "Technical personnel/Group/Engineer" means a person or a group of persons having membership (civil) of the Institute of Engineers, India.

 

(86)   "tenements" means room or rooms in the occupation of, or meant for the occupation of one tenement;

 

(87)   "to abut" means to abut on a road so that any portion of the building is on the road boundary;

 

(88)   "unsafe building" means the buildings which are structurally unsafe, or in-sanitary, or do not provide adequate means of egress, or which constitute fire hazard, or are otherwise dangerous to life or property, or which in relation to existing use constitute a hazard to safety/health/public welfare, by reason of inadequate maintenance, dilapidation or abandonment.

 

(89)   "water closet" means a privy with arrangement for flushing the pan with water but does not include a bath room;

 

(90)   "Zoning Regulations" means any Regulations or plans governing the land use in any development plan or forming part of a development plan in operation;

 

(91)   Words and expressions used in these Regulations, but not defined, shall have the same meaning as respectively assigned to them in the Orissa Development Authorities Act, 1982, the Orissa Development Authorities Rules, 1983 and National Building Code of India amended from time to time.

Regulation - 3. Application .--

 Subject to the provisions of the Act, these Regulations shall apply :

(a)      to the planning, design and construction of the building in case of erection of a building;

 

(b)      to all parts of the building whether removed or not, and in case of removal of whole or any part of a building;

 

(c)      to remaining part of the building after demolition and work involved in the demolition in case of demolition of whole or any part of a building;

 

(d)      to the whole building whether existing or new building (except only to that part of the building, which is consistent with these Regulations) in case of alteration of a building;

 

(e)      to all parts of the building affected by the change in case of change of occupancy of a building; and

 

(f)       to use of any land or building where sub-division of land is undertaken or use of any land or building is changed.

Regulation - 4. Limitations.--

Except as otherwise provided in the Act, the rules and the development plan, nothing in these Regulations shall require the removal, alteration, abandonment, or prevention of the continuous use or occupancy of an existing approved building, unless in the opinion of the Authority, such building constitutes a hazard to the safety of the occupants of the building itself or to the adjacent property.

Regulation - 5. Applications of these regulations.--

In this regulations, unless there is anything repugnant in the subject of context;

(a)      words importing the present tense shall be taken to include future tense;

 

(b)      words importing the masculine gender shall include the feminine and neuter,

 

(c)      words importing the singular shall include the plural and vice-versa;

 

(d)      person shall include Department of the Central or State Government or Local authority or body corporate constituted under any law;

(e)      writing shall include printing or typing, and

 

(f)       sign with its grammatical variation and cognate expression shall with reference to a person who is unable to write his name, include mark with its grammatical variation and cognate expressions;

Regulation - 6. Status of remission previous granted.--

(1)     The construction of any building, in respect of which permission has been issued before the coming into force of these Regulations, shall, so far as it is not inconsistent with the provisions of these Regulations regarding provision of public utility services, and construction in heritage zone, continue to be validly made and the said permission shall be deemed to have been issued under the corresponding provisions of these Regulations.

 

(2)     Where any building has been constructed without an approved plan or with deviation of an approved plan, the provisions of these Regulations shall be insisted upon.

Regulation - 7. Application for building plan.--

(1)     (i) Any person who intends to erect, re-erect or make alterations or additions in any building or demolish any building, shall apply to the Authority in Form-I.

(ii) The application for plotted development/sub-division of land without construction of building shall be made in Form-II.

(2)     Such application(s) as referred above shall be accompanied by the following documents.

 

(a)      Four ammonia copies of plans, duly signed by the persons who have prepared them, the builder and the applicant, showing, -

 

(i)       Site plan (Revenue);

 

(ii)      (ii) Layout plan with road(s);

 

(iii)     Plan of all floors;

 

(iv)    Four side elevations;

 

(v)      Sections;

 

(vi)    Area statement;

 

(vii)   Plan for sewerage/drainage disposal.

 

(viii)  Details of parking space with entry and exit

 

(ix)    Plan caption showing the name of the applicant, revenue plot number, revenue village, proposed use, number of storey etc.

 

(b)      An authenticated copy of title deed such as sale deed, lease deed, ROR, etc. in respect of the land where the building plan/sub-division layout plan permission is sought for.

 

(c)      An affidavit with regard to legal ownership and peaceful possession of the land and such other particulars as the Authority may determine.

 

(d)      An authenticated Xerox copy of the receipt showing:

 

(i)       payment of necessary fee to the Authority as prescribed under Rule 18

 

(ii)      payment of public utility and service charges as prescribed under these regulations.

 

(e)      An authenticated copy of the certificate of permission from the revenue Authority with regard to conversion of status of the land from Agricultural to non agricultural use as prescribed under Section 8(A) of Orissa Land Reforms Act, 1993, where the proposed land is classified as agricultural in nature in the ROR/sale deed/lease deed.

 

(f)       A no objection certificate from the State Fire Prevention Authorities in all cases where erection of a building is proposed with height 15 meter or more and other special buildings like Cinema Halls and Industrial establishment etc. where such clearance is necessary as per law.

 

(g)      In case the applicant is a trust, group of persons, partnership or a company, a registered agreement between the holder of the right, title and interest of the applicant, valid under the Transfer of Properties Act, 1982 and Copies of the Agreement/Article of Association/Memorandum/Bye-law.

 

(h)     No Objection Certificate from the Orissa State Housing Board, or any other public sector agency of Sate or Central Govt., for the additional constructions, in case the house is delivered by the said Board/Agency.

(i)       A certificate in Form-III or Form-IV as the case may be by the registered architect/technical personnel/group who shall be undertaking the supervision.

Regulation - 8. Public utility service.--

(1)     Where in a particular area, a number of application for permission for erection of buildings are coming up, and the authorities in charge of public utility services can not apportion the costs of such services from each building, the Vice-Chairman of the Authority may, in consultation with the competent authority in charge of that public utility service, make a total estimate for any public utility. The Vice-Chairman of the Authority may either take up such work or make arrangement for depositing the cost in respect of each such building with the authority in charge of the public utility service. This amount shall be kept in one or more separate joint accounts of the Authority and the implementing agency of the public utility services, or in such manner as the Committee constituted under sub-clause [3] decides.

 

(2)     The pro-rata cost of any particular building shall be,-???(I)

 

(3)     The pro-rata cost of,' and the agencies to execute, public utility services shall be decided, from time to time, by a Committee consisting of the following members :

(4)     The Committee may fix separate costs for separate areas and localities. In areas where public utilities are not likely to be made available within a reasonable time, the committee may decide not to charge any fees at all. The decision of the Committee as to what is reasonable time will be final.

Regulation - 9. Signing plans.--

(1)     All the plans shall be prepared and duly signed by a technical personnel (viz. Architect, Engineer, Structural Engineer, Town Planner, Supervisor, a Group Agency) and Builder who shall indicate his name, address, registration or licence number on the body of the plan and in all other relevant documents. The plans shall also be signed by the concerned owner of the land.

 

(2)     The technical personnel and builder as specified in Sub-clause (1) above shall have to be registered with the Authority. Their qualifications and competence shall be as per Schedule-1.

 

(3)     When it comes to the notice of the Planning Member, Engineering Member, any Member of the Authority, or any other person that a plan signed by technical personnel or builder referred to under sub-clause (1), is in violation of the norms of this regulation he shall bring this to the notice of the Authority.

 

(4)     The Vice Chairman of the Authority shall issue a notice asking for a show cause within fifteen days as to why such technical personnel or builder shall not be disqualified/black listed. After receipt of the show cause, if any, the Vice Chairman shall place the matter before the Authority for a decision on such disqualification/black listing. The decision of the Authority on disqualification/black listing shall be published under Regulation 14.

 

(5)     An appeal against an order under Sub-clause (4) above shall lie under Section 103 of the Act.

Regulation - 10. Exemption from obtaining permission under Section 15 .-?

No permission shall be required as provided under Section 15 of the Act for the following works relating to maintenance, repair, improvement or alteration of any building provided such work do not otherwise violate any provisions of these regulations :

(a)      plastering and patch repairs,

 

(b)      re-roofing or renewal at the same height of the roof including roof or intermediate floor,

 

(c)      flooring and re-flooring,

 

(d)      opening and closing windows, ventilators and doors not opening towards others property without required setback,

 

(e)      replacing fallen bricks, stones, pillars, beams etc.,

 

(f)       construction or reconstruction of sunshades of not more than 75 centimetres within one's own property not over hanging public street,

 

(g)      construction or reconstruction of parapet not exceeding one metre in height and also construction or reconstruction of boundary walls as permissible under these regulations,

 

(h)     reconstruction of portions of building damaged by storm- rains, fire, earth quake or any other natural calamities to the same extent and specifications as existed prior to the damaged provided the use conforms to the provisions of the development plan,

 

(i)       transparent washing, painting etc. including erection of false ceiling in any floor at the permissible clear height provided the false ceiling in no way can be used as a loft/mezzanine floor etc'

 

(j)       erection or re-erection of internal partitions provided the same are in conformity with these regulations.

Regulation - 11. Manner of communication of permission/refusal.--

(a)      The permission to be granted or refused under Sub-section (3) of Section 16 shall be in Form-V and VI.

 

(b)      Every permission granted or refused under Form-V or VI as the case may be along with the relevant number of plans duly endorsed with approval or refusal seal with reference to concerned letter number with date shall be handed over to the applicant in person or his duly authorised agent or sent by registered post to the address furnished by the applicant in his application.

Regulation - 12. Decision of authority.--

(1)     The Authority shall communicate its decision on the plan including granting or refusing permission within two months from the date of receipt of the application under Regulation 7 in Form-V or Form-VI as the case may be.

 

(2)     If the Authority, does not communicate its decision either granting or refusing permission to the applicant within two months from the date of receipt of the application by the Authority, the applicant shall draw the attention of the Vice-Chairman of the Authority with regard to his application, by registered post in Form-VII.

 

(3)     If, within a further period of one month from the date of receipt of the application drawing such attention as mentioned in sub regulation (2) above, the Authority does not communicate its decision, either granting or refusing permission, such permission shall be deemed to have been granted to the applicant on the date of immediately following the date of expiry of the three months period, provided that the application satisfies all norms with respect to provision of the Development Plan, Act, Rules and Regulations in force and ownership of the land.

Regulation - 13. Speaking order .--

The decisions of the Authority under Regulation 12 shall state the facts and grounds clearly along with the reasons for taking such decision.

Regulation - 14. Publication of notice.--

On the 7th day of every month the Authority shall publish a public notice. It shall containing along with other information the cases of permission/objection/rejection relating to the previous month by affixing a copy there of on the notice board of the Authority. The notice shall also indicate the name of the technical person, supervisor etc. Copies of the every such notice shall be sent to all Authorities in charge of public utility services.

Regulation - 15. Maintenance of register under Section 16 (12) of the Act.--

A register in Form-VIII containing the necessary particulars including information as to the manner in which applications for permission have been dealt with by the Authority shall be maintained, which shall be verified by the Vice Chairman of the Authority every month by the 15th of the succeeding month.

Regulation - 16. Notice to start work.--

The applicant [hereinafter referred to also "as the owner"] under Regulation 7 shall give notice to the Authority of his intention to start work after receipt of permission under Regulation 11 in Form-IX, at least 15 days before of commencement of the construction.

Regulation - 17. Deviation during construction.--

(1)     Any alteration which exceeds the maximum permissible FAR, covered area, height and reduces the minimum required parking space and the public utility services which amounts to deviation, shall not be permissible.

 

(2)     Minor alterations like shifting and enlarging of doors and windows, non-structural pillars and partition walls, which do not affect structural stability, or which do not conflict with these Regulations, may be undertaken by the owner and shall be reported to the Authority from time to time. Such alterations shall be clearly stated in the completion certificate. The decisions, if any, of the Authority, regarding the alterations so made shall be final.

 

(3)     Subject to the provisions of sub-Regulation (2), any deviation from the approved plan of construction shall not be permitted.

Regulation - 18. Construction not according to plan .--

(1)     If the Authority finds at any stage that the construction is not being carried on according to the sanctioned plan or is in violation of any of the provisions of these Regulations, it shall notify the owner and no further construction shall be allowed until necessary corrections in the plan are made and the corrected plan is approved.

 

(2)     If the owner fails to comply with the requirements at any stage of construction, the Authority may cancel the building permission issued and shall cause notice of such cancellation to be pasted upon the said construction. If the owner is not traceable at his address given in the notice, pasting of such notice snail be considered as sufficient notification of cancellation to the owner thereof. No further work shall be undertaken or permitted upon such construction until a valid building permission is issued thereafter.

 

(3)     The notification under sub-Regulation (2) shall also be published in the public notice in the manner as referred to in Regulation 14.

Regulation - 19. Information at the site of construction.--

The owner shall, during construction, affix the following in a conspicuous place on or near the construction site, in respect of which the permission was issued namely :

(a)      a copy of the building permission; and

 

(b)      a copy of the approved plans with all specifications.

Regulation - 20. Completion of construction.--

(1)     Every person erecting or re-erecting a building shall, within one month after completion of such building, give a notice in writing to the Authority in Form-XII which shall be published in the public notice in the manner referred to in Regulation 14.

 

(2)     The Vice Chairman of the Authority may, if he so desires, inspect the work within one month of receipt of the notice under sub-Regulation (1), through the Engineering Member or the Planning Member, or both, or their authorised representative.

Regulation - 21. Certificate for occupancy.--

(1)     The Planning Member with the approval of the Vice Chairman shall issue a certificate of fitness for occupancy, for part of a building during its construction or whole of the building after construction.

 

(2)     Such certificate shall be issued only after all utility services for the entire building are physically provided and the authorities in charge of public utility services are paid for the said services. The Vice Chairman shall ensure that such cost has been properly paid.

 

(3)     Where despite payment of fees for the public utilities, the same is not provided, the deposit will be refunded to the applicant with interest. The rate of interest will be decided by the Committee constituted under Regulation 8. Pending a decision of the Committee on the interest rate, the original deposit will be refunded. In such cases, occupancy certificate will be issued, with the approval of the Vice- Chairman subject to the condition that alternative arrangements for public utilities are made.

 

(4)     An appeal against the decision of the Vice Chairman shall lie under Section 18 of the Act.

Regulation - 22. Inspections.--

The Vice Chairman, and his authorised representatives shall be competent to inspect the building works at all reasonable hours during construction hours to satisfy themselves that such construction is consistent with the provisions of these Regulations and the approved plans.

Regulation - 23. Hazardous/unsafe building.--

(1)     All unsafe buildings shall be considered as to constitute a danger to public safety and shall be either restored by repairs or demolished or dealt with in the manner as decided by the Authority.

 

(2)     The Authority shall examine or cause to be examined every building reported to be unsafe or in damaged condition and shall record the details of such examination in writing.

 

(3)     Wherever the authority finds any building or portion thereof to be unsafe, it shall, in accordance with established procedure for legal notice, give the owner and occupier of such building a notice in writing stating the defects thereof. The notice shall require the owner or the occupier either to complete necessary repairs or improvements as directed in the notice or to demolish and remove the building or portion thereof within a specified time mentioned in the notice.

 

(4)     The Authority may direct in writing that the building which in its opinion is dangerous or has no provision for exit in case of fire, shall be vacated immediately or within the period specified for the purpose for which the Authority shall keep a record of the reason for such action.

 

(5)     The Vice-Chairman of the Authority may also inform the matter to the sub-division magistrate having jurisdiction under Section 133 or 144 of the Code of Criminal Procedure, to take appropriate action on the matter.

 

(6)     If any person does not comply with order of vacating a building, the Authority may seek the help of the police to remove the person from the said building.

 

(7)     In case the owner or occupier fails, neglects or refuses to comply with the notice to repair or to demolish the said building or portion thereof, the Authority shall cause the danger to be removed either by demolition or repair of the building or portion thereof or otherwise and the owner or occupier shall be liable to pay the expenditures incurred in the above works.

 

(8)     (i) In case of emergency, which in the opinion of the Authority, involves instant danger to human life or health, the decision of the Authority shall be final. The Authority shall, forthwith or with such notice as may be necessary, promptly cause such works to be done to such building or portion thereof so as to restore it safe or to demolish it. For this purpose the Authority may at once enter upon such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be deemed necessary. The Authority while undertaking such operation may also get the adjacent structures vacated in order to protect the inhabitants in it and protect the public by and appropriate fence or such other means as may be necessary.

(ii) The rain water and household refuse water shall be channelled to the road side drain. In no case the same shall be allowed to flow into the neighbouring plot. The Authority shall have the power to require the owner to undertake drainage work as deemed necessary at their own expense.

(9)     Expenditure incurred by the Authority in connection with the works specified in sub-Regulation (5), (6), (7) and (8) above shall be charged on the owner of the premises involved and shall be recoverable in the manner as laid down under Section 102.

 

(10)   Where the Authority is satisfied that the construction of the building or any activity therein is harmful to the neighbouring building or plot, the Authority shall have power to remove the structure or require the owner to undertake such repair or modification or change in the use as deemed fit at their own expense. Such work shall be completed by the owner within the time prescribed by the Authority.

Regulation - 24. Art commission and Architectural control.--

(1)     Where the building plan accompanying the application seeking permission, require the clearance' by the Art Commission, Orissa, constituted under Section 88, the Authority shall grant the permission only after the clearance is given by the said Commission. In all other cases, Architectural Control shall be regulated according to the provisions of these Regulations.

 

(2)     The Authority, on the recommendation of the Art Commission, may issue public notices, from time to time, prescribing the architectural norms in different zones in the manner prescribed in Regulation 14.

 

(3)     Any hoarding, structure or any device erected or used principally for the purpose of displaying advertisements shall be installed and maintained in a safe condition, to the satisfaction of the Authority.

Regulation - 25. Construction near protected monuments.--

(1)     No construction or re-construction of any building, within a radius of 100 meters, or such other higher distance from any archaeological site, as may be decided by the Archaeological Survey of India and Orissa State Archaeology from time to time, from the outer boundary of a declared protected monument shall be permitted.

 

(2)     No construction above 1st floor and above 7 (seven) metres shall be allowed beyond a radius of 100 metres and within a radius of 300 metres of such monuments.

 

(3)     The construction or reconstruction of any building under sub-Regulation (2) shall not be above 7 (Seven) metres of total height.

 

(4)     If a building or premises, not covered under The Ancient Monument Preservation Act, 1904, or The Ancient Monuments and Archaeological Sites and Remains Act, 1958, in the opinion of the Vice Chairman, is of historical or architectural interest, and is in danger of being demolished or altered or likely to be affected in its character by a development, the Authority shall not grant any permission for construction over any land situated near the said building or premises. He shall refer the plan to the Art Commission, whose decision shall be final for the Authority.

 

(5)     These provisions shall apply mutatis mutandis in respect of archaeological sites notified by the Art Commission and other competent authorities.

 

(6)     An appeal against the decision under Sub-clause (4) shall lie under Section 18 of the Act.

Regulation - 26. Responsibilities under the regulations.--

(1)     Approval of plans and acceptance of any statement or document pertaining to such plan shall not exempt the owner or person or persons under whose supervision the building is constructed from their responsibilities imposed under these Regulations, or under any other law for the time being in force.

 

(2)     Approval of the plan would mean granting of permission to construct under these Regulations only and shall not mean among other things:

 

(i)       the title over the land or building ; 

 

(ii)      easement rights;

 

(iii)     variation in area from recorded area of a plot or a building; (iv) structural stability ; and

 

(iv)    workmanship and soundness of materials used in the construction of the buildings.

 

(3)     The approval or permission shall not bind or render the Authority liable in any way with regard to the matter specified in Clauses (i) to (v).

Regulation - 27. Deposit of cost of public utilities service.--

The cost of public utility services shall be deposited before obtaining permission.

PART - II

GENERAL BUILDING REQUIREMENTS

Regulation - 28. Restriction on permission.--

Without prejudice to any other stipulation in these Regulations, no permission to construct a building on a site shall be granted :

(i)       in areas of natural waterways or drains, as detailed in the Development Plan, and the drainage plan prepared and approved by the authority or Government or as modified by them from time to time;

 

(ii)      if the orientation of such building is not in harmony with the surroundings, as may be decided by the Art Commission;

 

(iii)     if the use to which the site is proposed to be put does not conform to the use earmarked in the Development Plan;

 

(iv)    if the building is to be constructed over or under a municipal drain, sewerage line, electrical line, water main, any other government or public land, or public utility services;

 

(v)      if the foundation of the external wall along a street is located at a distance less than 0.5 metres from the edge of the street or road margin including the drain;

 

(vi)    if the construction of proposed building thereon is for public worship, which in the opinion of the Authority will adversely affect the religious feelings of any other class or persons in the vicinity;

 

(vii)   if the site is not drained properly or incapable of being well drained;

 

(viii)  if the use of the proposed site is for the purpose of establishing factory, ware house or work place which may cause annoyance and hazard to the health of the inhabitants of the neighbourhood;

 

(ix)    if the use to which the site is proposed to be put does not conform to the use earmarked in the development plan;

 

(x)      if the proposed development is likely to obstruct the natural drainage of the area.

Regulation - 29. Distance from electric lines.--

No verandah, balcony or the like shall be allowed to be erected or re-erected or any additions or alterations shall be made to a building in a site within the distance specified below determined in accordance with the Indian Electricity Rules, 1956 between the building and any overhead electric supply line;

MINIMUM DISTANCE FROM THE ELECTRIC LINE

TABLE -1

Regulation - 30. Plantation.--

(1)     While granting permission for any development, the authority may, where so required make adequate provision for the preservation or planting of trees.

 

(2)     In every building area, at least 10% of the land shall be utilised for plantation, but in case of multi-storeyed buildings, at least 20% of the land shall be used for plantation. The plantation shall be completed by the time, the construction of the building is completed.

Regulation - 31. Rain water harvesting structure.--

Every multi-storeyed/group housing/institutional/administrative building shall provide one or more rain water harvesting structure. The total dimension of recharging/percolating pits/trenches should be at least at the rate of 6 (Six) cubic metres dimension for every hundred sq. mtrs of roof area.

Regulation - 32. Means of access.--

(1)     Every building/plot shall abut on a public/private means of access like streets/roads duly formed.

 

(2)     Every person who erects a building shall not at any time erect or cause or permit to erect any building which in any way encroaches upon or diminishes the area set apart as means of access required in these regulations. No buildings shall be erected so as to deprive any other buildings of the means of access.

 

(3)     The minimum width of the means of access (approach road) shall be 6.0 metres and in case of a cul-de-sac having a length less than 150 metres it shall be 4.5 metres.

 

(4)     In the existing built-up areas in the case of plots facing street/means of access less than 6.0 metres in width, the plot boundary shall be shifted by 3.0 metres from the central line of the street/means of access to facilitate formation of a new street/means of access of 6.0 metres width up to a length of 120 metres after which it should be connected to a wider road.

 

(5)     Any private road which gives access to only one plot shall not be less than 3.3. metres in width and more than 25 metres in length. Such means of access shall be kept free from any obstruction and shall be fully open to the sky.

 

(6)     If the width of the existing means of access is less than the prescribed in these regulations, the Authority may require the applicant to either gift free of cost the land required to achieve the minimum width of means of access to the concerned Corporation/Municipality/Notified Area Council in case of urban area and to the Gram Panchayat in case of areas outside Municipal Limits or keep open to the sky such strip of land as it may deem necessary in order to facilitate widening of the existing means of access to the standard width to the future date, provided that the permissible coverage shall be in relation to the size of the plot before free gifting such strip of land;

 

(7)     In case of application for, revalidation to the permission issued earlier the provision of the width of the means of access, as prescribed under Clause 32 (3) and (4) shall not be insisted upon provided construction has been started on basis of previous approved plan.

Regulation - 33. Minimum size of plot.--

(1)     No construction of a building for residential purpose in areas other than basti area and development scheme area shall be permitted on a plot which has an area of less than 54 square meters, or a width less than 6.0 metres or an average depth of less than 9.0 metres.

 

(2)     In the case of group housing schemes/plotted development schemes, the Authority may relax the requirements of the plot size as specified in sub-regulation (1) above to such extent as it may deem necessary, but in no case it shall be less than the minimum prescribed under Indian Standard Number 8888 of 1993 as mentioned is Schedule-II.

 

(3)     For industries other than service industries and industrial estates, the minimum size of the plot shall be 400 square metres.

 

(4)     In the case of service industries and industrial estates the minimum size of the plot shall be 200 square metres.

 

(5)     In commercial areas, the minimum plot size of the shop shall be 18.0 sq.mtr. with a minimum width of 3.0 metres provided that kiosks shall not be considered as shops.

 

(6)     In case of plots for assembly occupancy other than cinema (in existing built up areas) the minimum size of the area shall be not less than 500 square metres and the minimum width of the plot shall be 16 metres and it shall front on a street having width of not less than 12 metres.

 

(7)     The minimum plot size of cinema/theatre buildings shall be 0.6 acre for seating capacity of 500 persons and 0.75 to 1.00 acre for larger capacity with essential parking facilities. It shall front on a street having width of not less than 9 metres.

 

(8)     In case of plots for institutional/religious occupancy, the minimum area of the plot shall be 350 square metres with a minimum width of 12 metres.

Regulation - 34. Residential building.--

(1)     The Setbacks to be left in rear, left and right side around detached residential buildings up to two storeys shall be as per Table below.

OPEN SPACES (SET-BACKS) FOR RESIDENTIAL (DETACHED) BUILDINGS (UPTO TWO STOREYS)

TABLE-2

(2)     For every additional storey above two storeys, a further set-back of not less than 0.5 meter on the sides and in the rear shall be provided.

 

(3)     The conditions of minimum setback and maximum coverage shall not be applicable for a slum housing, rehabilitation of service population or for other housing scheme for economically weaker sections approved by Government, Housing Board, Authority and other government agencies.

 

(4)     The rear open space shall be with reference to the depth of the site/plot.

 

(5)     The maximum Floor Area Ratio, the maximum plot coverage, maximum height of residential building and front setback with respect to the width of the street (approach road) shall be as given in Table below :

AREA AND HEIGHT LIMITATIONS FOR RESIDENTIAL BUILDINGS

TABLE-3

Note : (i) Where the maximum coverage of a plot works out to less than maximum permissible for the next below lower sized plot, the maximum coverage of the plot may be increased to that permissible for the said next below category plot.

(ii) While reckoning the height of residential building, stair cover, lift-room, water tank, parapet etc. may be excluded.

(iii) Where sites do not face or abut a road of the required width specified in Table-3, the front setback and the coverage of the building shall be regulated according to the size of the plot but the floor area ratio will be regulated according to the width of road along which the concerned site is located.

(iv) Where a plot abuts a road less than 6 metres the maximum coverage of the plot shall be restricted to 50% and maximum FAR shall be 1.0.

(v) The standard requirements for row-housing and semidetached buildings shall be as specified in Regulation 77.

(vi) The standard requirements for chawls and tenements shall be as specified in Regulation 76.

(vii) For height of buildings with 15 metres and above other parameters of the building shall governed by provisions relating to multi-storeyed building specified in these Regulations.

(6)     In addition to what has been stated in the table above, wherever the width of the road is less than 6 [six] metres, the FAR shall be limited to 1.0 and the coverage shall be limited to 50% of the plot, irrespective of the size of the plot.

 

(7)     Group housing ? 

 

(a)      The maximum Floor Area Ratio for Group Housing will be 2.00.

 

(b)      The maximum permissible coverage in respect of group housing shall be 50%.

 

(c)      For the calculation of the open area, the common open space in Group Housing and open space in each plot shall be included. When a plan for Group Housing is approved, it shall show the open space in common areas, and in every plot. Any violation of the stipulation of open space by any building in a plot, will be liable for action under Section 91 of the Act.

 

(d)      In group housing with apartment/joint ownership of land, the owner/developer shall provide floor space for house owners society Office/assembly at the rate of 1 Sq. metre per household/flat provided that the minimum area shall not be less than 12 Sq. metre.

 

(e)      The area for community facility shall be provided as per Table-4 below :

PERCENTAGE OF AREA REQUIRED FOR COMMUNITY FACILITY

TABLE-4

(8)     Outhouse - An outhouse with zero level rear and one side set back may be permitted on a plot having an area not less than 150 sq.metres, provided that:

 

(a)      the coverage of the outhouse shall not exceed 32.5 sq.metre and the height shall not exceed 3.3 metre;

 

(b)      the coverage of the outhouse and that of the main building together shall not exceed the permissible coverage for the concerned plot;

 

(c)      the outhouse shall not cover more than one third of the width and more than one fourth of depths of the plot and shall not abut any public road;

 

(d)      a minimum of 1.5 metre strip of land shall be kept open to the sky between the main building and the outhouse;

 

(e)      no opening either in the form of windows or doors or ventilators shall be provided to the adjoining properties;

 

(f)       outhouses with sloped roof would only be permitted. In no case permission for outhouses would be granted with reinforced concrete cement flat roof.

Regulation - 35. Requirements for Basti Area.--

(1)     The Basti areas are to be delineated and notified by the Authority.

 

(2)     Side setback on the side for plots upto 100 square meter with width less than 4.0 meters may be relaxed provided a no-objection certificate is obtained from the immediate side neighbours.

 

(3)     In plots having narrow width (above 4.0 mtrs. but less than 7.6. mtrs) constructions at zero setback may be allowed on one side with a passage of 1 metre on the other side.

 

(4)     The front and rear setbacks shall not be less than the prescribed setback provided in Regulation 34 (1) and (5) of these regulations.

 

(5)     In such small size plots an internal courtyard of not less than 6 square meters in area and 1.5 meters in width shall be provided in such a way that at least the wall of each living room shall abut such courtyard or verandah opening to such a courtyard.

 

(6)     a minimum of 25 percent of the plot shall be left open without adversely affecting light and ventilation for habitable space and toilet.

 

(7)     While according permission with relaxation of setbacks in plot having narrow width reason for the same shall be recorded in writing.

Regulation - 36. Addition/alteration of existing building.--

(i)       Construction proposed in all existing buildings which has been divided into parts by partition/sale or otherwise may be permitted (without insisting on front, rear or side setbacks) subject to fulfilment of following provisions.

-- Proposed coverage of the upper floor shall not exceed 75% of the plinth area of existing floor for organising an open terrace to facilitate light and ventilation to habitable rooms.

-- Separate arrangement shall be made for drainage of the storm water

-- Ventilators may be permitted above lintel height on production of no objection certificate from the owners of the adjacent plot to which the ventilators abuts. But no window overlooking others property may be permitted without obtaining his written consent in shape of an affidavit.

(ii)      For constructions on first and subsequent floors on existing floors in a basti area, constructions on zero setbacks on one sides may be permitted :

Provided that the construction does not lead to closing down of windows/ventilators/skylights of the neighbouring plot which are already existing lawfully.

(iii)     While according permissions without providing required setbacks, no-objection certificate in shape of affidavit from the side neighbour where setback is not provided may be obtained and reasons for the same may be recorded in writing.

Regulation - 37. Requirements of small plots in basti area.--

(i)       Minimum Plot Size & Frontage: The minimum size and frontage of residential plots shall not be less than 30 square meter and 3.5 metres respectively.

 

(ii)      Open space: In such plots it shall not be mandatory to leave setback on any side. However front setback may not be less than 1 metre.

 

(iii)     Internal Courtyard: In such plots having zero setback on both sides an internal courtyard of area not less than 6 sq.mtrs in area and not less than 1.5 metre in width shall be provided in such a way that at least one wall of each living room shall abut such a courtyard or a verandah opening to the courtyard.

 

(iv)    Requirements for parts of buildings: In small plots shall confirm to the requirements of low income housing (IS-8888 Part-I at Scheduled-II)

Regulation - 38. Foundation of building with zero set back in basti area.--

(i)       Where constructions of building have been permitted with zero setback in no case footing of the foundation shall be allowed to spread into the plot of the neighbour.

 

(ii)      Sufficient precaution shall be taken while digging foundation to ensure that the structural safety of the neighbouring building is not adversely affected.

Regulation - 39. Row housing and semi-detached houses.--

(i)       Owners of adjacent similar dimension plot abutting a road may be permitted to construct row or semi-detached buildings.

 

(ii)      The orientation of the row or semi-detached building shall preferably be such that the prevailing south-west summer breeze can be availed by each dwelling unit.

 

(iii)     For semi-detached buildings over two adjacent plots, the coverage, setbacks, the height and the FAR shall be regulated by treating both the plots as one and in accordance with the requirements contained in Table 2 and Table 3 given in regulation 34 of these regulations.

 

(iv)    In case of row-housing, the length of a row shall not exceed 30 metres along the road on which such houses abut. In case, the dwelling units in a row are scattered the maximum length of the road shall be 100 metres.

 

(v)      For row houses the ground coverage shall not be allowed to exceed 60% and the FAR more than 1.20.

 

(vi)    The minimum size of the plot on which a unit of a row housing may be allowed shall be 30 square metres.

Regulation - 40. Commercial building.--

(1)     Except as otherwise expressly provided in these Regulations, the open spaces (setbacks) to be left around, the maximum number of floors, the maximum percentage of coverage, the Floor Area Ratio and maximum height in respect of commercial buildings shall be as given in table below:

HEIGHT, COVERAGE, FAR ETC. FOR COMMERCIAL BUILDINGS

TABLE-5

(2)     The left side, the right side and the rear open spaces (setbacks) in respect of commercial plots specified in Table-under clause 36 (1) shall not be less than that indicated in Table below :

SIDE AND REAR OPEN SPACES (SETBACKS) FOR COMMERCIAL BUILDINGS

TABLE-6

(3)     For every additional floor above two floors, the front, side and rear setbacks shall be increased by at least 0.5 metre.

 

(4)     Shop-cum-residential building - Where plots are allotted in a road for shop-cum-residential purpose, the Authority may allow construction of shop-cum-residential building without any side set backs up to a depth of 10 metres from the front exterior wall. Provided that no part of the building up to said depth is used for residential purpose on the ground floor. No building exceeding 11 metres in height shall be allowed to be constructed as a shop-cum-residential plot, unless so permitted under the zonal Development Plan, provided that the shop-cum-residence shall have 2/3rd of the total floor area used for shops. The FAR and other parameters shall conform to that specified for commercial buildings under Clauses (1) to (3) above.

Regulation - 41. FAR Restriction for lesser road width.--

Where sites for residential and commercial buildings do not face or abut a road of the required width as specified in Regulation 34 (5) and 40(1), the front setback and the coverage of the building shall be regulated according to the size of the plot, but height and Floor Area Ratio shall be regulated according to width of the road along which the concerned site is located. The coverage shall be reduced to provide for roads of lower width.

Regulation - 42. Institutional building.--

(1)     For buildings of less than 15 metres height to be used for institutional, religious, educational and assembly purpose, the open space, coverage and F.A.R. requirements shall be as per the provisions of Table below :

OPEN SPACE REQUIREMENT FOR INSTITUTIONAL BUILDINGS (INCLUDING RELIGIOUS, EDUCATIONAL AND ASSEMBLY BELOW 15 METRES OF HEIGHT

TABLE-7

(2)     All institutional, Assembly, Commercial and Industrial Buildings shall contain at least two doors for entry and exit and shall provide adequate toilet facility separately for men, women and handicapped persons in each floor which shall be linked to main sewerage/drainage systems of the town wherever possible and shall be maintained cleanly and properly by the builders/tenants/occupants of the building, as the case may be.

Regulation - 43. Cinema and theatre building.--

(1)     The relevant provisions of the Orissa Cinemas (Regulation) Rules, 1954 shall apply for planning, designing and construction of Cinema and Theatre buildings and plan and design shall be made as per Table below :

OPEN SPACE REQUIREMENT FOR CINEMA /THEATRE BUILDINGS

TABLE - 8

(2)     No permission for construction of a building to be used as a cinema hall, theatre or auditoria for cultural show shall be granted unless the construction of such buildings conform to the provisions of the Orissa Cinema Regulations Act, 1954 and the Orissa Cinematograph Rules, 1939 or any other law in force in the State.

 

(3)     No permission to construct a cinema hall on a site shall be given unless such site has been approved by the Authority for construction of a cinema hall thereon.

 

(4)     The open spaces (set-backs) to be left around a cinema building number of floors, coverage, FAR in respect of cinema hall, theatres or auditoria for cultural show shall be as per the Table 8 given, in Clause 43 (1).

 

(5)     Buildings referred to in Sub-clause (3) shall be permitted only on plots which abuts a street with a minimum right of way of 24 metres and where the width of the right of way is less than 24 metres if permissible under a zonal plan or a development scheme or a town planning scheme.

 

(6)     Excepting provision for restaurant and incidental facilities no other use shall be permitted in a cinema building.

 

(7)     All cinema, theatre or auditoria buildings shall conform to IS; 4898-1968 and acaustica design of such buildings shall adhere to the requirements of IS; 2526-1963.

 

(8)     Exits and fire safety requirements shall be in accordance with Part IV (Fire Protection) of National Building Code of India, 1970.

Regulation - 44. Industrial buildings .--

(1)     The open space, F.A.R. and coverage for industrial buildings shall be as in Table below :

OPEN SPACE (SETBACKS) AND THE F.A.R. FOR INDUSTRIAL BUILDINGS

TABLE - 9

(2)     Vacant space shall be maintained with the following distances for all time for storage shed used for the storage of liquified petroleum gas cylinder between any building, public space, public road or any adjoining property which may be built upon and the said storage shed.

MINIMUM DISTANCES REQUIRED FOR STORAGE SHED OF LIQUIFIED PETROLEUM GAS CYLINDERS

TABLE-10

(3)     Notwithstanding anything contained in the conditions specified above, cylinders containing liquified petroleum gas exceeding 100 Kilograms but not exceeding 300 Kilograms may be kept in a storage shed forming part of, or attached to building, if it is separated there from by a substantial partition and the only means of access to it is from outside air. Such a storage shed shall not be situated under any stair-case or near other entrances to or exits from the rest of the building or other buildings.

 

(4)     A shed used for storage of liquified petroleum gas cylinders shall be surrounded by a suitable fence to prevent unauthorised persons from having access to the shed.

Regulation - 45. Interior open space.--

(1)     At least one side of all the rooms intended for human habitation, if such room does not abut on the front or the rear or the side setbacks, shall abut on an interior open space whose minimum dimension shall be 3 metres x 3 metres in cases of buildings up to a height of 12 metres. In cases where the height of the building is more than 12 metres, the width of the interior open space shall be increased at the rate of one metre for every additional 3 (three) metres height. This provision shall be applicable to all categories of buildings, namely, residential, group housing, commercial, public, semi-public and Industrial.

 

(2)     In case any interior open space is intended to be used for the benefit of more than one building belonging to the same owner, the width of such open space shall be the one specified for the tallest building abutting on such open space provided that such open space shall not be less than three metres.

 

(3)     In case of group housing, if the interior open space is used for providing access to the building blocks the same shall not be less than six metres in width.

Regulation - 46. Height of a building.--

(1)     The height of the building shall be governed by the limitations of, Floor Area Ratio, open space (setbacks), and the width of the street facing the plot described as detailed below :

 

(a)      The maximum height of a building shall in no case exceed 1.5 times [the width of the road to which the plot abuts] + the front setback] provided.

 

(b)      If a building abuts on two or more streets of different widths, the building shall be deemed to face upon the street that has the greater width and the height of the building shall be regulated by the width of the street.

 

(2)     Notwithstanding anything contained under Sub-Regulation 90.No building exceeding 12 meters in height shall be permitted in the areas with old infrastructure as may be decided by the Authority from time to time.

(3)     Notwithstanding any thing contained in Sub-Regulation (1) & (2) the height restrictions with respect to approach Funnels and Transitional area of Airport as detailed in Table-11 & 12 shall be adhered to;

HEIGHT RESTRICTION WITH RESPECT TO APPROACH FUNNELS

TABLE-11

HEIGHT RESTRICTION WITH RESPECT TO TRANSITIONAL AREA

TABLE-12

(4)     Notwithstanding anything containing in these regulations no Radio Ariel, T.V. Antenna or such similar type of installations exceeding 152 metres in height shall be erected without prior permission of the concerned Civil Aviation Authority.

 

(5)     No building structure or installation exceeding the height indicated in the above Tables shall be permitted unless the applicant produces a 'No-Objection Certificate' from the Airport Authority.

Regulation - 47. Height exemption of a building.--

Roof tanks and their supports, not exceeding 1 (one) metre in height, ventilation, air-conditioning, lift-room and similar service equipment, stair cover, not exceeding 3 (three) metres in height, chimney other than barsaties, parapet wall and architectural features including terrace, gardening, plants not exceeding 1.5 metres in height, shall not be included in the height of the building, provided the aggregate area of such structures including barsati shall not exceed one third of the roof area of the building upon which they are erected.

Regulation - 48. Exemption in open space.--

(1)     Every open space provided either interior or exterior in respect of any building shall be kept free from any erection thereon and shall be open to the sky and no cornice, roof, or weather shade of more than 0.6 metre in width shall overhang or project over such open space.

 

(2)     A porch/portico of up to 2.4 metres width and 4.5 metres length with a height of 2.1 metres from the plinth level may be permitted within the side setback. A garage is permissible at the rear end of side open space provided no openings are located on the side and rear boundary. Access to the top of the portico/garage should not affect the privacy of the neighbouring plot.

 

(3)     The portico provided as above shall not rest on the boundary wall and shall be open to provide through access to the rear. In case the Portico is not a cantilevered one and supported by pillars the area shall be included in the coverage.

Regulation - 49. Building line.--

The following building lines shall be maintained for construction of building abutting arterial roads :

DISTANCE OF BUILDING LINES FROM ARTERIAL ROADS

TABLE-13

Regulation - 50. Off street parking space.--

(1)     Each off-street parking space for one four wheeled vehicle shall not be less than 15 square metres. For scooters and cycles it shall not be less than 1.5 and 1.0 square meter respectively.

 

(2)     One parking unit shall have parking space of at least 40 square metre.

 

(3)     For buildings of different Category of occupancies, off-street parking space for vehicles shall be, as specified in the table below.

Off-Street Parking Space For Different Category of Occupancies

TABLE-14

(4)     Notwithstanding anything contained in sub-regulation (2) of this regulation, for shop plots up to 100 square metres, provision of parking space shall not be less than 20 square metres.

 

(5)     Off-street parking spaces shall be provided with adequate vehicular access to a street and the area of drives, aisles and such other provisions required for adequate manoeuvring of vehicles and shall be in addition to the parking space stipulated in these Regulations.

 

(6)     If the total off-street parking space required under these Regulations is provided by a group of property owners at a place for their mutual benefit, such parking spaces may be construed as meeting the off-street parking requirement, however, subject to the approval of the Authority. In such cases, the cost of public utility services shall be deposited with the appropriate Authority by the said property owners.

 

(7)     In addition to the off-street parking spaces required to be provided for building to be used for commercial, industrial or storage purposes, additional parking space at the rate of one such space for each 1000 square metres of floor area or fraction thereof exceeding the first 200 square metres of floor space, shall be provided for loading and unloading activities.

 

(8)     Garage with locking facilities shall be included in the calculation of floor space for determining the requirement of parking space, unless this is provided in the basement of a building or under a building constructed on stilts with no external walls. The parking spaces to be provided shall be in addition to the open spaces (setback) required around a building under these Regulations. However, one row of car parking may be provided in the front open space and one row of scooter or motor cycle parking may be provided in any one of the side open space without reducing the clear vehicular access way to less than 6.0 metres.

 

(9)     The basement and ground [stilt] floor of multi-storied buildings shall be used exclusively for parking, and related activities like security of parking space and maintenance, if required parking space is not provided in the premises.

 

(10)   Violation of any of the conditions relating to parking space under this regulation shall not be compounded or relaxed by the Authority.

Regulation - 51. Drainage and sewarage.--

(1)     It shall be the responsibility of the builder or the owner of the building to ensure that the plinth is high enough to prevent rain/drainage/sewerage water entering into the lowest floor.

 

(2)     No permission shall be granted for construction over the natural drains identified and approved by the Authority/Local Body/Govt. or incorporated in the Development Plan.

 

(3)     Where any construction is taken up over any drain, or waterway, the Vice Chairman can, apart from taking action for removal of the constructions, take action for recovery of the cost of restoration of adequate drainage. The rates for this will be decided by the Committee constituted under sub-regulation (3) of Regulation 8.

Regulation - 52. Heritage zone.--

(1)     (a) The Authority may notify the areas to be covered under Heritage Zone in consultation with Archaeological Survey of India, State Department of Archaeology, where no multi-storeyed building shall be permitted. The maximum building height in these areas shall be limited to 10 meters with maximum FAR of 1.5.

(b)The Authority may modify the Heritage Zone in consultation with the Archaeological Survey of India, State Department of Archaeology, Cuttack Municipal Corporation and the Art Commission.

(2)     In areas covered under the Heritage Zone the architectural features, facades, materials of walls, and of buildings shall be subject to the provision of Regulation 24 (2).

 

(3)     In case of sandstone structure with Kalinga style roofs, all fees other than the charges for public utility services shall be charged at half the rate. The Art Commission alone will be competent to decide what constitutes Kalinga style architecture and to decide whether a building conforms to such architecture.

PART - III

REQUIREMENTS FOR PATHS OF BUILDINGS AND FOR SPECIAL OCCUPANCIES

Regulation - 53. Habitable room.--

(1)     No habitable room shall have a floor area less than 9.5 square metres except those in hostels attached to recognized educational institutions where the minimum floor area of room for residence of a single persons shall be 7.5 square metres. The minimum width of a habitable shall be 2.4 metres. Where there are two habitable rooms in a dwelling unit, the minimum area of one shall be not less than 9.5 square metres and the other not less than 7.5 square metres.

 

(2)     The minimum height of all rooms used for human habitation shall be 2.75 metres measured from the surface of the floor to the lowest point of the ceiling (bottom of slab). In case of air conditioned rooms a height of not less than 2.5 metres measured from the surface of the floor to lowest point of air conditioning duct or false ceiling shall be provided. Where beams are provided, the minimum head room shall be 2.4. metres.

Regulation - 54. Kitchen.--

(1)     The area of kitchen shall be not less than 4.5 square metres with the minimum width of 2.4 metres. A kitchen which is intended for use as a dining room shall have a floor area of not less than 8.5 square metres with a minimum width of 2.4 metres.

 

(2)     The height of the kitchen room shall not be less than 2.75 metres and where beams are provided the minimum head room shall be 2.4 metres.

 

(3)     Every room to be used as kitchen shall have

 

(a)      Unless separately provided in a pantry, means for the washing of kitchen utensils which shall lead directly or through a sink to a grated and trapped connection to the waste pipe;

 

(b)      An impermeable floor;

 

(c)      A chimney not less than 500 square centimeters in area after plastering if fire-wood, coal or like materials is used which will generate smoke;

 

(d)      Window of not less than one square metre in area, opening directly on to an interior or exterior open space, but not into a ventilating shaft;

 

(e)      In case of multi storeyed residential buildings with 15 metres and above height refuse chutes shall be provided.

Regulation - 55. Bathrooms and water closets.--

(1)     the area of a bathroom shall not be less than 1.8 square metres with a minimum width of 1.2 metres. The minimum size of water closet shall be 1.1 square metres with a minimum width of 0.9 metre. If it is a combined bathroom and water closet, the minimum area shall be 2.8 square metres with a minimum width of 1.2 metres.

 

(2)     Height of a bathroom or water closet measured from the surfaces of floor to the lowest point of ceiling shall not be less than 2.2. metres.

 

(3)     Every bathroom or water closet shall

 

(a)      be so situated that at least one of its walls shall open to external air and shall have a minimum opening in the form of window or ventilation to the extent of 0.37 square metre.

 

(b)      not be directly over or under any room other than another latrine, washing place, bath or terrace unless it has a water tight floor;

 

(c)      have the platform or seat made of water tight, non absorbent material;

 

(d)      be enclosed by walls or partitions and the surface of every such wall or partition shall be finishing with a smooth impervious material to a height of not less than 1 metre above the floor of such room, and

 

(e)      be provided with an impervious floor covering sloping towards the drain with suitable grade and not towards verandah or any; other room.

 

(4)     No room containing water closet shall be used for any purpose except as a lavatory and no such room shall open directly into any kitchen or cooking space by a door, window or other opening.

Regulation - 56. Mezzanine floor.--

(1)     Mezzanine floor may be permitted above any floor in all types of buildings up to an extent of one-third of the actual covered area of that floor. All mezzanine floors shall be counted towards FAR calculations, except the mezzanine floor over the ground floor.

 

(2)     The height of the mezzanine floor shall not be less than 2.20 metres and not more than 2.70 metres.

 

(3)     The mezzanine floor shall

 

(a)      have direct light and ventilation to the extent of 10 percent of the floor area;

(b)      be so constructed as not to interfere under any circumstances with the ventilation of the space over and under it;

 

(c)      not be used as a kitchen wholly or partly, and

 

(d)      in no case be closed so as to make it liable to be converted into unventilated compartments.

Regulation - 57. Lofts.--

(1) Lofts may be permitted in residential buildings and shops only. Area of such lots shall be restricted to 25 percent of the covered area of the concerned room including kitchen or shop. Lofts provided above the corridor, water closets and bathroom may have 100 percent coverage.

Regulation - 58. Store rooms.--

The area of a store room shall not be less than 3 square metres. In case, however, where the area of the store room is more than 3 square metres, the light and ventilation requirement to a maximum extent of 10 percent of the floor area shall be provided.

Regulation - 59.

(1)     A ledge in a habitable room shall not cover more than 25 percent of the area of the floor on which it is constructed and shall not interfere with the ventilation of the room under any circumstances.

 

(2)     No ledge shall be provided at a height of less than 1.2 metres.

 

(3)     The projections of cupboard and shelves may be permitted and would be exempted from covered area calculation. Such projection shall project up to 0.75 metre in the setback for residential buildings provided the width of such cupboard or shelves does not exceed 2.0 metres and there is not more than one such cupboard or shelf in each room.

 

(4)     Notwithstanding the provisions contained under sub-regulation (3) continuous cupboards or shelf with 75 centimeter projections may be permitted provided the same is constructed underneath the stilt portion of the window (not exceeding 90 centimeter in height from the floor) and over the lintel of window (at a height of 2.0 metres above floor level). This projection shall not be counted towards the covered area.

Regulation - 60. Roofs.--

(1)     The roof of a building shall be so constructed or framed as to permit effectual drainage of the rain water there from by means of sufficient rain water pipes of adequate size, wherever required, so arranged, joined and fixed as to ensure that the rain water is carried away from the building without causing dampness in any part of wall or foundation of building or those of an adjacent building and also without causing annoyance or an inconvenience to neighbours or passers-by.

 

(2)     The Authority may require rain water pipe to be connected to a drain or sewer or to a covered channel formed beneath the public footpath or to the road gutter on in any other approved manner, without causing any damage to the property of the Authority or the Urban Local Body.

 

(3)     Rain water pipes shall be affixed to the outside of the external walls of the building or in recesses formed in such external walls or in such other manner as may be approved by the Authority.

 

(4)     The rain water and household refuse water shall be channeled to the road side drain and in no case the same shall be allowed to flow into the neighbouring plot. The Authority shall have the power to require the owner to undertake drainage work as deemed necessary at the owner's own expense.

Regulation - 61. Basement.--

(1)     Basement shall not be permitted in low lying area and areas without adequate drainage facilities to ensure drainage from the basement.

 

(2)     Construction of a basement may be allowed by the Authority in accordance with the provisions contained in the development plan applicable to the concerned area.

 

(3)     Basement shall not be used for residence, institution and industries, However, it may be used for parking and other uses as specified below :

 

(i)       Storage of house-hold or other non-flammable materials;

 

(ii)      Dark room.

 

(iii)     Strong room, bank cellers, etc.;

 

(iv)    Installation of air-conditioning equipments and other machines used for service and utilities of building;

 

(v)      Parking places and garages;

 

(vi)    Stack room for library;

 

(4)     In case, the basement is used for purposes other than parking, the total area of such floor shall be included for calculating floor area ratio subject to condition that such construction does not result in interference in the public utility system.

 

(5)     The basement shall not be permitted to be constructed within the prescribed set back and maximum coverage applicable to the building.

 

(6)     The basement shall fulfil the following requirements :

 

(i)       every basement shall be in every part at least 2.4 metres in height from the floor to the underside of the roof slab or ceiling.

 

(ii)      Adequate ventilation shall be provided for the basement. The standard of ventilation shall be the same as required by the particular occupancy according to regulations. Any deficiency may be met by providing adequate mechanical ventilation in the form of blowers, exhaust fans (one exhaust fan for 50 sq.metres of basement area), air conditioning system etc.;

 

(iii)     The minimum height of the ceiling of any basement shall be 0.9 metre and maximum 1.2 metres above the average surrounding ground level;

 

(iv)    Adequate arrangement shall be made to that surface drainage does not enter the basement;

 

(v)      The walls and floors of the basement shall be water-tight and be so designed that the effect of the surrounding soil and moisture, if any are taken in to account in design and adequate damp proofing treatment is given;

 

(vi)    The access to the basement shall be separated from the main and alternate staircase providing access and exit from higher floors, where the stair-case serving as a fire separation from the basement floor and higher floors.

 

(vii)   In the case of basement of office and commercial occupancies, sufficient number exit ways and access ways shall be provided with a travel distance not more than 15 metres;

 

(viii)  The basement shall not be partitioned. In case the partitions in the basements are allowed by the Authority, no compartment shall be less than 45 square metres in area and each compartment shall have ventilation standards as laid down in sub-clause (ii) separately and independently. The partitions shall, however, conform to the norms laid down by the State Fire Prevention Authorities, Orissa.

 

(ix)    Kitchen, bath-room and toilet shall not be permitted in the basement;

 

(x)      The ramp providing access to basement to be used for parking shall have a gradient not steeper than 1:10 and this shall not disturb the minimum set-back area of the building.

Regulation - 62. Boundary walls.--

(1)     Except with the special permission of the Authority the maximum height of the compound wall shall not be more than 1.5 metres above the center line of the front street.

 

(2)     The rear and side walls shall not be more than 2.2. metres in height above the center line of the service road in case it exists, shall not be more than two metres otherwise in height above the center line of the front street.

 

(3)     In case of a corner plot, the height of the boundary wall abutting the road shall be restricted to 0.75 metre for a length of 5 metres on the front and side of the intersections and the remaining height upto 1.5 metres shall be made up of railings to increase visibility.

 

(4)     However, the provisions of clauses (1), (2) & (3) are not applicable to boundary wall of jails, senatorial factories and educational institutions, like schools, colleges including the hostels, institutional and assembly buildings.

 

(5)     No building boundaries shall be surrounded by a barbed wire fences, unless a green hedge is provided along it.

Regulation - 63.

(1)     All habitable rooms shall have for the admission of light and air, one or more means such as windows, exhaust fans and sky lights opening directly to the external air or into an open verandah, Doors are not counted towards the area of opening in walls for lighting and ventilation purposes.

 

(2)     Where the lighting and ventilation requirements are not met through day lighting and natural ventilation, the same shall be ensured through artificial lighting and mechanical ventilation as per Part VII Building Service Sector -I lighting and ventilation of National Building Code in India, 1983 published by the Indian Standards Institution.

 

(3)     Cross ventilation by means of window, or ventilators or both shall be effected in at least one living room of a tenement either by means of window in opposite walls or if this is not possible, at least by means of windows in the adjoining walls taking advantage of prevailing wind direction.

 

(4)     Notwithstanding the above, a minimum aggregate area of opening, excluding doors, shall be not less than 1/6 of the floor area in the case of residential buildings. In the case of other public building like commercial buildings, offices, educational institutions and hospital buildings the minimum aggregate area of opening shall be not less than 1/5 of floor area.

 

(5)     No portion of a room shall be assumed to be lighted if it is more than 7.5 metres from the opening provided for lighting that portion.

Regulation - 64.

 For ensuring adequate lighting and ventilation to water closets and bath rooms if they do not open to the front, side, rear and interior open spaces, they shall open to the ventilation shaft the size of which shall not be less than the measurements given below :

TABLE-15

Regulation - 65. Parapet.--

Parapet walls and hand rails provided on the edges of the roof terrace, balcony etc. shall not be less than one metre and more than 1.5 metres in height;

Provided that the above restriction shall not apply where roof terrace is not accessible by a stair case.

Regulation - 66.

(1)     Every building meant for human occupancy shall be provided with exit sufficient to permit safe escape of occupants, in case of fire or other emergency.

 

(2)     All exits shall be free of obstructions.

 

(3)     In all buildings, except residential building up to two storeyed no alteration to reduce the number width or protection of exits shall be taken up except with the prior approval of the Authority.

 

(4)     Adequate and reliable illumination shall be provided for exit where ever necessary.

 

(5)     All exits shall provide continuous means of egress to the exterior of a building or to an exterior open space leading to a street.

 

(6)     Exits shall be so arranged that they may be reached without passing through another occupied unit.

Regulation - 67. Exit doorway.--

(1)     No exit doorway shall be less than 75 centimetres in width in the case of residential building and 100 centimetres in width in the case of other buildings. Doorways shall be not less than 200 centimetres in height.

 

(2)     Exit doorway shall open outwards, that is away from the room but shall not obstruct the travel along any exit. No door, when opened shall reduce the required width of stairway or landing to less than 90 centimetres.

 

(3)     Exit door shall not open immediately upon a flight of stairs.

Regulation - 68. Stairways.--

(1)     Interior stairs shall be constructed of noncombustible materials throughout.

 

(2)     Interior staircase shall be constructed as a self contained unit with at least one side adjacent to an external wall and shall be completely enclosed.

 

(3)     The medium width of an internal staircase shall be 75 centimetres in the case of residential buildings, 100 centimetres in the case of commercial (mercantile) buildings and 125 centimetres in the case of public buildings.

 

(4)     The minimum width of treads without nosing shall be 25 centimetres for an internal staircase of residential buildings. In the case of other buildings the minimum trend shall be 30 centimetres. The tread shall be constructed and maintained in a manner to prevent slipping.

 

(5)     The maximum height of riser shall be 19 centimetres in the case of residential buildings and 15 centimetres in the case of other buildings. They shall be limited to 12 per flight.

 

(6)     Hand rails shall be provided with a minimum height of 75 centimetres in the case of residential buildings and 100 centimetres in case of other buildings and shall be firmly supported.

 

(7)     No windows should be provided in a public building except in the case of emergency exit.

 

(8)     The minimum headroom in a passage under the landing of stair case shall be 2.2. metres.

Regulation - 69. Ramps.--

Ramps with a slope of not more than 1 in 10 may be substituted for stairways, slope of the ramp shall comply with all the applicable requirements of required stairways as to enclosure capacity and limiting dimensions. Large slope may be provided for special use but in no case greater than 1 in 5. For all slopes exceeding 1 in 10 and wherever the use is such as to involve danger of slipping the ramps shall be surfaced with approved non-slipping materials.

Regulation - 70. Exit requirements.--

For buildings 15 metres & above in height and special occupancies like cinema theatres, assembly hall, factory building, etc. number and details of exits shall be in accordance with part -IV (Fire Protection) of National Building Code of India (1983) published by the Indian Standard Institutions.

Regulation - 71. Lift.--

(1)     Provision of lift shall be made for buildings more than 10 metres in height, in case of apartments/group housing, commercial, institutional & office buildings.

 

(2)     The number and type of lifts, their planning, design and installation shall be in accordance with the provisions of Part -VIII (Building Service) Section 5 (Installation of Lifts and Escalators) of National Building Code of India, 1983

Regulation - 72. Barrier free access for the disabled.--

Adequate provision for facilitating easy access of disabled persons shall be made in all public buildings in accordance with the provisions of National Building Code of India including the minimum facility to reach the staircase/lift without any barrier.

Regulation - 73. Corridors.--

(1)     The minimum width of a corridor in a residential building shall be 1 metre and in all other buildings shall be 1.5 metres.

 

(2)     In case of more than-one main staircase of building inter connected by a corridor or other enclosed space, there shall be at least one smoke stop door across the corridor or enclosed space between the doors in the enclosing walls of any two staircase.

Regulation - 74. Refuse area.--

(1)     For all buildings exceeding 15 metres in height, refuse area shall be provided as follows :

 

(a)      for floors above 15 metres and upto 24 metres in height, one refuge area on the floor immediately above 15 metres.

 

(b)      For floor above 24 metres and upto 36 metres in height, one refuge area on the floor immediately above 24 metres.

 

(c)      For floor with 36 metres and above height, one refuge area per every five floors above 36 metres.

 

(2)     Refuge area shall be provided on the external walls as cantilever projection or in any other manner (which will not be covered in FAR) with a minimum area of 15 square metres and to be calculated based on the population on each floor at the rate of 1 sq. mt. per family.

Regulation - 75. Fire escapes or external stairs.--

(1)     Fire escapes shall not be taken into account in calculating the evacuation time of a building.

 

(2)     All fire escapes shall be directly connected to the ground.

 

(3)     Entrance to fire escape shall be separate and remote from the internal staircase.

 

(4)     The route to fire escape shall be free of obstructions at all times, except a doorway leading to the fire escape which shall have the required fire resistance.

 

(5)     Fire escape shall be constructed of non-combustible materials.

 

(6)     Fire escape stair shall have straight flight not less than 75 centimetres wide with 25 centimetres tread and risers not more than 19 centimetres. The number of risers shall be limited to 16 per flight.

 

(7)     Hand rails shall be at a height not less than 50 centimetres.

Regulation - 76. Fire escapes or spiral stairs.--

(1)     The use of spiral stairs shall be limited to low occupancy land and to a building of height of 9 metres unless they are connected to platforms, such as balconies and terraces to allow escapes to pause.

 

(2)     A spiral fire escape shall be not less than 150 centimetres in diameter and shall be designed to give adequate headroom.

Regulation - 77. Wells.--

(1)     Wells intended to supply of water for human consumption or domestic purposes shall :

 

(a)      be located not less than 15 metres from any ash pit, refuse pit, earth closet or privy and shall be located on a site upwards from the earth closet or privy;

 

(b)      be located not less than 18 metres from any soak pit, soak way or bore hole latrine and shall be located on a site upwards from the earth closet or privy;

 

(c)      be so located so that the risk of contamination by the movement of subsoil of other water eliminated to a large extent;

 

(d)      be of a minimum internal diameter of not less than 1 metre;

 

(e)      not be under a tree or otherwise shall have a canopy over it, so that leaves and twigs may not fall into the well; and

 

(f)       not be located within 2 metres from the inner edge so the footing of the foundation of an existing or proposed building;

 

(2)     The lead of the well shall be raised above the level of the adjoining ground to form a parapet on kerb and to prevent surface water from flowing into a well, and shall be surrounded with a paying constructed of impervious material which shall extend for a distance of not less than 1.8 metres in every direction from the parapet from the kerb forming the well head and the upper surface or such a paving shall be sloped away from the well.

 

(3)     The interior surface of the lining of the well shall be rendered impervious for a depth of not less than 1.8 metres measured from the level of the ground immediately adjoining the well head.

 

(4)     A well from which water is drawn by means of a bucket or other similar objects shall be provided with:

 

(a)      a mosquito proof cover, and

 

(b)      stand for the bucket, raised not less than 15 centimetres above this level of the surroundings paving.

 

(5)     Where water is drawn from tube-well installations, the tube-well head, shall be surrounded with a paving constructed of impervious materials for an area not less than 1 square metres around the outlet point and the water on the paving shall be suitably drained.

Regulation - 78. Septic tank.--

(1)     Where the drainage is carried out through septic tank installations, the location design and requirements of I.S. 2470 (Part I)1968 and I.S. 2470 (Part II) 1971 Indian Standard Code of practices for Design and Construction of Septic Tanks, Part I small installations (upto 60 persons and Part II Large Installations (Upto 300 persons) the requirements of 35.3.1 to 35.3.2 shall be fulfilled.

 

(2)     Septic tank should be located at a place open to sky and as far away as possible from the exterior wall of the building. It shall be accessible for cleaning.

 

(3)     A subsoil dispersion system shall not be closer than 18 metres from any sources of drinking water to mitigate the possibility of bacterial pollution of water supply. It shall also be as far removed from the nearest habitable building as economically feasible but not closer than 6 metres to avoid damage to the structures.

Regulation - 79.

(1)     Septic tank shall be designed as per Indian Standard Code of Practice.

 

(2)     Septic tank may be constructed of brick work, stone masonry, concrete or other suitable materials as approved by the authority.

 

(3)     Under no circumstances effluent from a septic tank shall be allowed into an open channel, drain or body of water without adequate treatment.

 

(4)     Minimum internal diameter of pipe shall be 100 millimetres. Further at junctions of pipes in manholes, direction of flow from a branch connection shall not make an angle exceeding 450 with the direction of flow in the main pipe.

 

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

 

(6)     Every septic tank shall be provided with a ventilating pipe of at least 50 millimetres diameter the top of the pipe shall be provided with a suitable cage of mosquito-proof wire mesh.

 

(7)     The ventilating pipe shall extend to a height which would cause no smell nuisance to any building in the area, Generally, the ventilating pipe may extend to a height of about 2 metres when the septic tank is at least 15 metres away from the nearest building and to a minimum height of two metres above the top of the building when it is located closer than 15 metres.

 

(8)     When the disposal of septic tank effluent is through a seepage pit, it may be of any suitable shape with a minimum cross sectional dimension of 90 centimetres and not less than 100 centimetres in depth below the invert level of inlet pipe. The pit may be lined with stone, brick or concrete blocks with dry open join which should be finished with mortar. In the case of pits of large dimensions, the top portion may be narrowed to reduce the size of the reinforcement concrete cover slabs. Where no lining is used, especially near trees, the entire pit should be filled with loose stones. A masonry ring may be constructed at the top of the pit to prevent damage by flooding of the pit by surface runoff. The inlet pipe may be taken down to a depth of 90 centimetres from the top as an anti-mosquito measure.

 

(9)     When the disposal of septic tank effluent is through a dispersion trench, it shall be 50 to 100 centimetres deep and 30 to 100 centimetres wide excavated to a slight gradient and shall be provided with 15 to 25 centimetres of washed gravel or crushed stones. Open joined pipes placed inside the trench shall be made of unglazed earthen ware clay or concrete and shall have minimum internal diameter of 75 to 100 millimetre. Each dispersion trench shall not be longer than 30 metres and trench shall not be placed closer than 1.8 metres.

Regulation - 80. Chawl.--

(1)     No water closet, privy, urinal, bathroom of washing place in front of the main staircase of the main entrance to chawl shall be constructed in order to avoid their direct visibility to person using such staircase or entrance.

 

(2)     Notwithstanding anything contained in sub-regulation (1) if it becomes necessary to locate water closet, privy, urinal, bathroom or washing place near the main staircase or entrance, they shall be completely screened off by a partition wall, from the floor to the ceiling without any opening in such partition well except a door.

 

(3)     In a chawl the clear internal dimension of a bathroom sink, washing place and urinal shall not be less than 1.5 metres x 1.2 metres, 1 metres x 1 metre, 1.3 metres x 2 metres and 1 metre x 1 metre, respectively.

 

(4)     No chawl of more than two storey shall be allowed. A chawl may contain single room on double room tenements. In case of single room tenements, the area of living room or the portion used as a living space shall not be less than 11 square metres (120 square feet) in case of double room tenements such area shall not be less than 9.5 square metre (100 square feet).

 

(5)     Every living room whether with or without kitchen shall have window or windows opening directly into an interior or exterior open space or into an open verandah or gallery abutting on such open air space. Such openings shall not be less than one tenth of the floor area of the room and doors and windows taken together shall not be less than one -seventh of such floor area.

 

(6)     The open spaces, the area of kitchen space and the height of partition wall between the kitchen and the living space shall be indicated in Table 16 below :

TABLE-16

(7)     In a chawl single room tenement no room on the back of another room shall be constructed.

 

(8)     For every four single room or every three double room tenements the following shall be provided.

 

(i)       A sink of not less than a size of 1 square metre

 

(ii)      A water tap

 

(iii)     A loft being one metre in width along any wall of kitchen

 

(iv)    At least one water closet of not less than 1.4 square metres in area, one closed bath room of not less than 1.4 square metres in area one urinal not less than 0.9 square metre in area, one general washing space of not less than 2.2. square metres in area and one covered dustbin.

 

(9)     Every chawl shall be so designed that the facilities indicated in Sub-regulation (8) above shall be on the same floor as the tenements commensurate with the requirement of the number of the tenement located in that floor.

 

(10)   Every tenement shall have access through an open verandah, gallery or passage which shall not be less than 1.9 metres in width and shall about on an interior or exterior open space of the required width.

 

(11)   No upper floor tenement shall be located at a distance of more than 15 metres from staircase.

Regulation - 81. Special requirements for factories and industrial buildings.--

(1)     In addition to the requirements contained in these regulations every factory buildings or part thereof shall comply with the following requirements namely :

 

(a)      The location of the factory site shall be governed by the provision of the Development Plan.

 

(b)      Exists and fire safety requirements shall conform to Part IV (Fire Protection) of National Building Code of India 1983.

 

(2)     Where the use of any existing building or land is proposed to be converted for establishment of a small scale or cottage type industrial unit which in the opinion of the authority is not likely to cause any public nuisance, such conversion may be allowed for such period and subject to such conditions as the authority may deem fit :

Provided that while examining proposals for such conversion, the authority shall ensure that the concerned land or building has means of access of adequate width and the establishment of the relevant industrial unit shall not be injurious to the health and safety of the inhabitants of the locality.

Regulation - 82. Parameters for service industries.--

The following parameters are to be considered while permitting service industries :

(1)     The location of small scale or household clean industries shall be examined from the view point of performance and characteristics of the concerned industrial unit. The indicators to be taken into account while examining the permissibility of an industrial unit in residential area shall be noise, vibration, smoke, dust, odour, effluent, power, employment, vehicular traffic and general nuisance. The guiding factors in respect of each indicator shall be as detailed below :

 

(i)       Noise-Normally a noise free industrial unit would be permitted in residential area. However, some noise may be unavoidable. The noise on the street or at the adjacent premises shall not be more than the tolerable limits.

 

(ii)      Vibration- The industry as far as possible, shall not produce any vibration which could be dangerous to the structure in which it is located as well as to the adjacent structures.

 

(iii)     Smoke- Discharge of smoke in certain manufacturing process may perhaps be unavoidable. However, the smoke shall not be a source of nuisance and danger to public health.

 

(iv)    Dust- The industrial unit shall not produce dust to a level which will be injurious to health and cause nuisance in the area.

 

(v)      Odour- The industrial unit which produces odour/bad smell to a level so as to cause nuisance shall not be permitted in residential areas.

 

(vi)    Effluent- An industrial unit which discharges effluent containing offensive and decomposable or toxic substances shall not be permitted in residential areas.

 

(vii)   Electric power- Normally an industry which can be operated with motive power up to 10 HP or less will be permitted in residential areas. Those industries which use higher power but do not cause any nuisance could also be permitted in residential areas.

 

(viii)  Employment- An industry which employees less than 10 persons can be permitted in residential areas.

 

(ix)    Vehicular traffic- An industry which generated and attracts abnormal vehicular traffic shall not be permitted in residential areas.

 

(x)      General Nuisance- An industry which produce explosive or any other inflammable material shall not be permitted. The welding process that produces dazzling spark visible outside the premises shall not be permitted.

 

(2)     Subject to satisfaction of the conditions laid down in sub-clause (1) the authority may by resolution and in consultation with the Director, Town Planning from time to time, determine and prepare the list of industries that can be permitted in the areas other than industrial zone.

PART-IV

STRUCTURAL DESIGN AND OTHER REQUIREMENTS

Regulation - 83. Location form of buildings and structural designs .--

(1)     The loads and forces which are to be taken into account for structural design of buildings shall be in accordance with Section 1 (loads) of Part-VI (Structural design) of the National Building Code of India, 1983.

(2)     The structural design of foundations and elements in sub-structure and super structure of wood masonry reinforced and pre-stressed concrete and steel shall be in accordance with Section -2 (Foundations) Section-3 (wood), Section-4 (Masonry), Section-5 (Concrete) and Sector-6 (Steel) of Part-VI (Structural Design) of the National Building Code of India 1983.

(3)     Construction on filled up ground and low lying area shall have specific design to withstand the forces due to seismic and other natural disaster which must conform to the specification laid down by bureau of Indian Standards in this regard.

Regulation - 84. Fire safety requirements.--

Buildings shall be planned, designed and constructed to ensure adequate fire safety to the property and inhabitants and this shall be carried out in accordance with Part-IV (Fire Protection) of the National Building Code of India, 1983 for buildings above 5 storeys of 15 metres in height. The fire fighting requirements, arrangements and installations required in buildings shall also conform to the provisions of Part IV (Fire Protection) of the National Building Code of India, 1983.

Regulation - 85. Building services.--

In addition to the provisions of sub-regulation (2) of Regulation 57 and sub-regulation (2) of Regulation 65, the planning designing and installation of electrical appliances, air conditioning and heating system in buildings shall be in accordance with Section 2 (electrical installations) and Section 2 (Air conditioning and Heating) of Part VIII (Building Services) of the National Building Code of India, 1983.

Regulation - 86. Plumbing services.--

(1)     The Planning design and installation of water supply system drainage and sanitation and gas supply systems in building shall be in accordance with Section 1 (water supply). Section 2 (Drainage and Sanitation) and Section 3 (Gas supply) of Part IX (Plumbing Service) of the National Building Code of India 1983.

(2)     The water supply and sanitation requirements shall be in accordance with the provisions specified in Appendixes I to XII.

Regulation - 87. Constructional practices and safety .--

(1)     The various construction activities like demolition excavation blasting actual construction from foundation to completion shall be in accordance with Part VII (Constructional Practice and Safety) of the National Building Code of India, 1983.

(2)     The safety measure to be adopted during various construction, operations, including storage of material in construction side and corporation land shall be in accordance with part VII, constructional practices and safety of the National Building Code of India, 1983.

(3)     The requirement of Building materials to be used in construction shall conform to Part V (Building materials) of the National Building Code of India.

Regulation - 88. Alternative materials, methods of design and construction.--

(1)     The provisions of these regulations are not intended to prevent the use of any material or method of design to construction not specifically prescribed by these regulations, provided and such alternative has been approved.

(2)     The Authority may approve any such alternative if it is found that the proposed alternative is satisfactory and conform to the provision of relevant parts of this regulation regarding material, design and construction and that material method of work offered is, for the purpose intended, at least equivalent to that prescribed in these regulations with regard to effectiveness fire and water resistance, durability and safety requirements.

Regulation - 89. Tests.--

(1)     Whenever there is insufficient evidence of compliance with the provisions of these regulations or evidence that any material or method of design or construction does conform to the requirements of these regulations or in order to substantiate claims for alternative materials design on methods of constructions, the Authority may require tests sufficiently in advance as proof of compliance. Those tests shall be made by an approved agency at the expenses of the owner.

(2)     Test methods shall be specified by these regulations for the materials or design or construction in question. If there are no appropriate test methods specified in these regulations the Authority shall determine the test procedure. For method of tests for building materials reference may be made to relevant Indian Standards as given in the national Building Code of India, 1983 published by the Indian Standards Instruction.

(3)     Copies of the results of all such tests shall be retained by the Authority for a period of not less than two years after the acceptance of the alternative materials

PART - V

MULTI-STOREYED BUILDINGS ADDITIONAL REQUIREMENTS

Regulation - 90. Application of the provisions of these regulations.--

(1)     In addition to the provisions mentioned elsewhere in these Regulations, the following provisions shall be applicable for multi-storeyed buildings as defined in 59 of part of 1 of these Regulations. In case of contradictions the provisions of Part -V of these Regulations shall prevail.

 

(2)     The Authority may by notification prohibit construction of multi-storeyed building in any locality or area with prior approval of Govt.

 

(3)     In cases where any of the provisions of these regulations are at variance with provisions of any Zonal Development Plan the provisions of the concerned Zonal Development Plan shall prevail.

 

(4)     Every multi-storeyed building to be constructed /reconstructed/added to or altered within the Development Area of Cuttack shall adhere to these additional requirements.

Regulation - 91. Restriction on construction of multi-storeyed building.--

No multi-storeyed building shall be allowed to be constructed:

(a)      With approach road less than 12 metres width;

 

(b)      Within 100 (One hundred) metres from the centre of a National Highway on either side;

 

(c)      Within 300 (three hundred) metres of the boundary line of any old temple or historical monuments or site of archaeological importance recognised by the Archaeological Survey of India, State protected monuments outside the Heritage Zone of the Comprehensive Development Plan;

 

(d)      Within 100 (hundred) metres from boundary of the Railway track of the Indian Railway; and;

 

(e)      Within the heritage zone;

 

(f)       Within one kilometer from the reference point of an Airport without clearance from the Airport Authority.

 

(g)      In low-lying areas as notified by the Authority.

Regulation - 92. Application for approval of site.--

(1)     Before making an application for construction a multi-storeyed building, the owner of the concerned plots/site shall first obtain from the Authority a clearance with regard to suitability of the site. An application for such clearance shall be in the form to be specified by the Authority and shall be accompanied by a site plan with detail information with regard to its location and dimension and a service charge as decided by the Authority.

 

(2)     The Authority after due inspection of the site may issue or refuse clearance for construction of the multi-storeyed building. Such clearance shall be valid for 18 months from the date of its issue.

Regulation - 93. Application for construction of multi-storeyed building.--

(1)     Every application for approval of the site and building plan and permission to construct or reconstruct or alter or add to, a multi-storeyed building shall, in addition to the prescribed scrutiny fee under the rules and other fees as prescribed by the Authority from time to time and the applicable particulars required, be accompanied with the following further particulars, namely :

 

(i)       A key plan showing :

 

(a)      the means of access from the street or streets to all the buildings existing and proposed at the site, to the parking space and facilities provided at the site for scavengers and fire protection;

 

(b)      the spaces to be left around the building for access, parking, circulation of air, light and other amenity;

 

(c)      the disposal system of storm and domestic refuse water; and

 

(d)      a rain water harvesting structure;

 

(ii)      Building plans showing :

 

(a)      floor plan of all floors and covered area indicating clearly size and spacing of all framing members and sizes and arrangement of rooms and the position of stair-case, ramps, lift, wells and circulation spaces etc.;

 

(b)      longitudinal cross section of the building including size of footings, basement and super structure framing members and details of building and room heights and of staircase etc.;

 

(c)      plans and sectional details of water supply, drainage and sewerage system of the building;

 

(d)      internal electrical design;

 

(e)      the general lay-out of the columns and load bearing walls; and;

 

(f)       a landscape plan showing the area to be developed as lawn, garden, plantation etc.

 

(g)      location and provision of Fire Prevention related equipments like hydrants, hose reals, fire extinguishers, vehicular access and refuse area.

 

(iii)     No Objection Certificate :

 

(a)      In case of buildings having more than four floors or 15 [fifteen] metres and above height, from the Chief Fire Officer having jurisdiction to the effect that the applicant has agreed to provide the fire fighting measures for the building as prescribed in the National Building Code and to the effect that the plan referred above provides access for easy movement of fire service vehicles in case of a fire hazard in future; and

 

(b)      In all multi-storeyed buildings, the Chief Officer of the Archaeological Survey of India in case of any portion of the plot or site of the building or its boundary exist within 300 (three hundred) meters of the boundary line of any old temple of historical monuments or site of archaeological importance, or heritage site.

 

(c)      Public Health Engineer Department with regard to adequacy of water supply and sewerage.

 

(d)      CESCO with regard to supply of electricity.

 

(e)      Respective Municipal Corporation/Urban Local Body/Panchayat Samiti with regard to approach road and adequacy of drainage.

 

(iv)    The clearance certificate in original issued by the Authority as referred to in Regulation 92 (2).

 

(v)      Statement and calculation sheets with regard to the plot area, floor wise details of spaces under various categories like apartment or office spaces, lobby circulation, staircase, lift, mezzanine space, balconies and details of such area which are to be exempted from calculation of floor area ratio, and;

 

(vi)    A certificate from a Registered/Empanelled Civil /Structural Engineer with regard to details of structural plan and structural design including soil test certificate of the proposed multi-storeyed building. Provided further that while preparing the structural plan/design following aspects should be taken into account :

 

(a)      The loads and forces including seismic forces and wind loads which are to be taken into account for structural design of building shall be in accordance with the Section-I (Loads) of Part-VI (structural design) of the National Building Code of India, 1983.

 

(b)      The structural design of foundations and elements in Substructure and super structure of wood, masonry, reinforced and pre stressed concrete and steel shall be in accordance with Section-2 (foundation), Section-3 (wood), Section-4 (masonry), Section-5 (concrete) and Section-6 (steel) of Part-VI (structural design) of the National Building Code of India, 1983.

 

(2)     All plans, drawings, statements, design details shall bear the signature of the applicant and shall be duly countersigned by a registered Architect. All documents and plans related to structural designs, shall bear the full name and full signature of a Structural Engineer. Plans and documents related to sanitary arrangements shall bear the full name and full signature of a Public Health Engineer.

Regulation - 94. Permission for construction of multi-storeyed building.--

Permission for construction of a multi-storeyed building shall be given in two stages, namely :

(i)       initially for construction up to 75% of the proposed building height; and

 

(ii)      at the second stage, after proper compliance of the provisions contained in Regulation 27 and sub-Regulation (2) of Regulation 30.

Regulation - 95. Laying the foundation in the presence of planner.--

(1)     Every applicant or builder or owner shall submit a notice regarding his intention to commence the foundation work of the proposed multi-storeyed building to the Authority through the authorised technical person. The said notice shall be accompanied by the approved plan and should be in Form-IX.

 

(2)     Soon after the receipt of the notice referred to in Sub-clause (1) above, the Authority shall send the concerned Planner of the Authority to the proposed building site and the layout for foundation of the proposed multi-storeyed building shall be made in presence of the Planner. The Planner shall also submit a' report to the Authority to the effect that the layout has been made as per the approved plan.

 

(3)     During or soon after the construction of the foundation work of the multi-storeyed building, the Vice-chairman of the Authority or his authorised Planner of the Authority shall inspect the construction to ensure that the set-backs, coverage, basement if any, and foundation standards are according to the approved plan.

 

(4)     The applicant/builder shall submit periodic progress report after casting of each floor in Form-XI.

Regulation - 96. Liability of defective construction.--

(1)     For defective constructions, the Vice Chairman shall sue the owners, builders, architects, and the engineers for both civil and criminal liabilities, besides taking action under these Regulations.

 

(2)     Without prejudice to the provisions of the Act, the actions to be taken by the Vice Chairman shall include stop construction notices, cancellation of permission, and removal of unauthorised constructions. Such actions shall be notified under Regulation 14.

Regulation - 97. Maintenance.--

(1)     The main entrance to the premises shall not be less than 5 (five) metres in width in order to allow easy access to fire engine. The gate shall fold back against the compound wall of the premises, thus leaving the exterior access way, within the plot, free for the movement of fire service vehicles. If archway is provided over the main entrances, the height of the archway shall not be less than 5 (five) metres.

 

(2)     For multi-storeyed group housing scheme on one plot, the access way within the premises shall not be less than 7.5 (seven and half) metres in width and between individual building blocks, there shall be an open unbuilt space of 6 (six) metres.

 

(3)     The space set apart for providing access within the premises shall, in no case, be included in the calculation of requirements pertaining to parking spaces and other amenities required to be provided for the building.

 

(4)     Every access way shall be properly drained and lighted to the satisfaction of the Authority. Manhole covers or any other fittings laid within the right of way of the access way shall be flushed with the finished surface level of it so as not to obstruct safe movement of men and vehicles.

 

(5)     Reconstruction or addition or alteration to any multi-storeyed building shall not be taken in a manner which shall reduce the width of the access way to a level below the minimum prescribed limit under these Regulations.

Regulation - 98. Exit.--

(1)     Every multi-storeyed building meant for human occupation or assembly, shall be provided with exit sufficient to permit safe escape of the occupants in case of fire or other emergencies.

 

(2)     An exit may be a door-way, corridor, passage way to an internal or external staircase or to a verandah or roof or terrace having access to a street.

 

(3)     Exits shall be so arranged as to provide continuous means of access to the exterior of a building or exterior open space leading to a street without passing through any occupied unit.

 

(4)     Exits shall be so located that the travel distance on the floor shall not exceed twenty metres in case of residential, educational, institutional and hazardous occupancies and thirty metres in the case of assembly, business, mercantile, industrial and storage occupancies. Wherever more than one exit is required for a floor of a building, exit shall be placed at a reasonable distance from each other as possible. All the exits shall be accessible from the entire floor area at all floor level.

 

(5)     There shall be at least two exits serving every floor and at least one of them shall lead to a staircase.

 

(6)     The width of every exit shall not be less than one metre and shall be provided as per the following table.

TABLE-17

Explanation - 

(a)      Lifts and escalators shall not be considered as an exit.

 

(b)      'Travel distance' means the distance from any point in the floor area to any exit measured along the path or egress except that when the floor areas are sub-divided into rooms, used singly or of rooms and served by suite corridors and passage, the travel distance may be measured from the corridor entrance of such rooms or suites to the nearest staircase or verandah having access to the street.

Regulation - 99. Parking space.--

(1) The provisions of Regulation 15 shall apply for providing parking spaces within the premises of a multi-storeyed building.

Regulation - 100. Mandatory provision.--

(1)     Every multi-storeyed building shall provide one or more rain water harvesting structures. The total dimension of recharging/percolating pits/trenches should be at least at the rate of 6 [six] cubic metres dimension for every 100 [one hundred] square metres of roof area.

 

(2)     Every multi-storeyed building shall provide red lights on the roof facing the sky of a minimum wattage of 500. This can be of one or more units; but the minimum wattage of one unit shall be 100 watts.

Regulation - 101. Lifts .--

Lifts shall be provided in all multi-storeyed buildings irrespective of the use. The lifts provided shall not be considered as means of escape in case of emergencies. An extra staircase shall be provided as a means of escape during emergency.

Regulation - 102. Floor area ratio and set back.--

In case of multi-storied buildings, the maximum Floor Area Ratio shall be 2.00, and the maximum ground coverage shall be 50%. Out of the balance area, at least 20% shall be covered by plantation.

(a)      The minimum side and rear set-back for the multi-storeyed building shall be 1/3rd (One third) of the height of the building.

 

(b)      The minimum front setback for the multi-storeyed building shall be 1/3rd (one third) of the height of the building + 1 (one) metre.

 

(c)      The area covered under following services and structures shall not be included in the calculation of floor area ratio namely :

 

(i)       a basement or cellar or covered space under a building constructed on stilt (not exceeding 2.56 metres in height), provided that it is used for parking, installation of air conditioning equipments and other machines used for services and utilities of the building (lift room, pump house, fire fighting).

 

(ii)      Electric cabin of sub-station, watchman booth, pump house and garbage shaft, staircase room and lift rooms above the top most storey, architectural feature, chimneys and elevated tanks; and

 

(iii)     Spaces occupied by staircase rooms, lift and lobbies attached to them and circulation or movement corridors and fire refuse areas.

Regulation - 103. Building height.--

(1)     Notwithstanding anything contained in these Regulations, no building exceeding 27 (twenty seven) metres in height shall be permitted within the Cuttack Development Area, except with the Approval of the full Authority, as stated in sub-regulation [2] below.

 

(2)     The Authority shall not issue permission on case to case basis. The Authority, in a full meeting, shall specify the mouzas and units where buildings above 27 (twenty seven) metres height may be taken up. Before taking a decision on this, the concurrence of the Art Commission and the Airport Authority of India shall be obtained. A draft notification shall be published by the Authority, inviting suggestions and objections, giving thirty days' time under Regulation 14. After receipt of the objections and suggestions, if any, will be considered by the full Authority, and a decision will be taken. The areas in which buildings above 27 [twenty seven] meters height will be permissible, will be notified by the Vice Chairman of the Authority under Regulation 14. No request for approval of plan shall be entertained before expiry of one month from the date of publication of the final notification in this regard. No approval will be given before the expiry of two months from the date of publication of this notification.

Regulation - 104. Departure from approved plan.--

If during the construction of a building any substantial departure from the approved plan is intended to be made by way of internal alterations or modifications, which will increase the potential occupancy, prior sanction of the Authority shall be obtained. The revised plan showing the deviation shall be submitted and the procedure laid down in these Regulations shall apply to such revised plan.

Regulation - 105. Inspection.--

(1)     The Vice-chairman of the Authority or his authorised representative shall inspect the building from time to time during construction.

 

(2)     If at any stage of construction it is noticed that there is possibility of threat to the structural stability of a multi-storeyed building on account of addition of extra loads, both horizontally and vertically, addition of extra floors or poor construction practices by using low quality materials etc., the Authority shall get the building inspected by its own technical personnel or by engaging experts from reputed institutes or farms. The expenditure incurred in this connection shall be realised from the builder or owner of the building.

 

(3)     The authorised technical person or the expert engaged for the above purpose shall inspect the building and carry out such tests if required, as per the provision of NBC and submit a report mentioning the details of findings to the Authority.

 

(4)     If the Authority, after carefully examining the report as referred to in Clause-3 above, feels that actually there is threat to the structural stability of the building, the Authority shall declare the building unsafe for human habitation and cause disconnection of water supply and electricity to the building and initiate action for demolition of the building. The decision of the Authority in this regard shall be published as referred to in Regulation 14.

 

(5)     An appeal against an order made under sub-clause (4) above shall lie under section 103 of the Act.

Regulation - 106. Debarring/blacklisting the builder/technical person.--

(1)     Not withstanding any thing contained in these regulation the Authority reserves the right to debar/black list the builder/technical person who has divulged from the professional conduct or has made any fraudulent statement or has misrepresented/suppressed any material facts in his application/plan or has involved in construction of the building deviating from the approved plan/norms of these Regulation.

 

(2)     Before taking any action under Clause (1) specified above the Vice-chairman of the Authority shall issue a notice specifying the reasons thereof asking for a show-cause within 15 days as to why such builder/technical person shall not be debarred/black listed. After receipt of the show cause, if any, the Vice-chairman shall place the matter before the Authority for a decision on debarring/black listing the technical person/builder. The decision of the Authority in this regard shall be published as referred to in Regulation-14.

 

(3)     An appeal against an order under Sub-clause (2) above shall lie under Section 103 of the Act.

Regulation - 107. Occupancy of the building.--

(1)     No person shall occupy or allow any other person to occupy any part of the multi-storied building for any purpose until such building or any part of it, as the case may be, is granted occupancy certificate by the Authority.

 

(2)     The builder shall cause to register an Association of apartment owners as required under the Orissa Apartment Ownership Act, 1982, before occupancy certificate for 50% or more of the floor area is given.

 

(3)     The Builder shall submit a copy of the agreement it has entered into with the apartment owners. This agreement shall show the terms of maintenance of public utilities.

Regulation - 108. Completion of construction.--

Every applicant or owner shall submit a notice in Form-XII regarding completion of the construction of multi-storied building, to the Authority through the registered Architect, who has supervised the construction. The said notice shall be accompanied with the following documents:

(a)      Three copies of plan of the completed building.

 

(b)      A fee of Rs.5000.

 

(c)      Record of Rights relating to ownership.

 

(d)      Evidence that all public utility services, and in particular, sewerage, drainage, water supply, and electricity have been linked to the main public utility system.

 

(e)      The Authority may accept or reject completion certificate. In case it is rejected the reasons for the same shall be indicated.

 

(f)       Completion of the work shall be done within the period of validity of permission. The concerned agencies shall submit report of completion of the utility services.

Regulation - 109. Issue of occupancy certificate .--

(1)     The Vice Chairman on receipt of the notice of completion, along with all the required documents, shall take a decision to either issue or refuse occupancy certificate in Form-XIII within thirty days from the date of receipt of such notice. This fact shall be published in the public notice in the manner referred to in Regulation 14.

 

(2)     If the occupancy certificate is not issued by the Authority within sixty days from the receipt of notice under Regulation 108, the owner can prefer an appeal under section 18 or 103 of the Act.

 

(3)     Where occupancy certificate is refused by the Authority, reasons there of shall be communicated to the applicant and the same shall be published under Regulation 14. An appeal against such a decision will lie under section 18 or 103 of the Act. The Appellate Authority shall be competent to seek the views of, and implead as parties, authorities in charge of public utility services, Competent Authority, as provided under the Act, under the Orissa Apartment Ownership Act, 1982, and apartment owners. Where non-provision of public utilities is likely to affect other residents, such residents can also be impleded as parties.

PART-VI

SPECIAL REQUIREMENTS FOR RIVER FRONT ZONE

Regulation - 110. Special requirements for river front zone.--

Unless, specified otherwise in the Development Plan Scheme/Zonal Plans, the river front zone shall have a mixed land use of residential., institutional, commercial, government/semi-government and open space uses subject to fulfilment of the provisions in these regulations.

(a)      Prior to according permission for development in river front area the developer shall be required to submit landscape showing location of trees and other attendant features plan for approval of the Authority. The landscape plan will form an integral part of the permission under these regulations.

 

(i)       Residential Buildings:

The height coverage, setback & FAR of residential buildings in river front zone shall be with respect to the width of the approach road and the plot size as given in the following.

TABLE-18

The rear and side setbacks mentioned above is applicable for building upto two storeys. For every additional story above two storeys a further setback not less than 0.5 metres on the sides and in the rear shall be provided.

(ii)      Commercial Buildings :

Save as otherwise provided in these regulations the maximum coverage area and open space to be left around commercial building shall be as follows :

COVERAGE, FAR, SETBACKS, REQUIREMENT FOR COMMERCIAL BUILDING IN THE RIVER FRONT ZONE

TABLE-19

(a)      In the river front zone no commercial use shall be provided on a plot with an area of less than 500 sqm.

 

(b)      The requirement of parking space shall be as specified for commercial use in these regulations.

 

(iii)     Institutional Building :

For institutional building (including religious, educational and assembly) government and semi-government buildings, the requirement of maximum coverage, FAR, minimum setbacks shall be as follows:

COVERAGE, FAR AND SETBACK REQUIREMENTS FOR INSTITUTIONAL BUILDING IN RIVER FRONT ZONE

TABLE-20

PART-VII

ZONING REGULATIONS

Regulation - 111. Zoning.--

(1)     In the Development Plan area various use zones namely, residential, commercial, industrial, administrative, institutional, open space uses, transport and communication use, green belt and natural drainage channel and water bodies having their zonal boundaries as indicated in the development plan shall be regulated as per the Table under Regulation-67. Except as otherwise provided no structure or land hereinafter shall be used and no structure shall be erected, re-erected or altered unless use is in conformity with the Regulations.

 

(2)     All existing places of worship, temples, churches, mosques etc. and burial and cremation ground shall be exempted from being treated as non-conforming uses.

 

(3)     All non-conforming uses of land and buildings shall be discontinued and the modified uses shall be made to conform with the proposed land use of the development plan within the time limit specified by the Authority.

Regulation - 112. Different use of land.--

(1)     Permission for different uses shall be accorded outright for principal use earmarked in the different zones described in column (2) of the table No-24.

 

(2)     Upto 30% of the land in a particular zone can be utilised for the purpose of ancillary and compatible activities on first come first served basis which are specified in Column-3 of the table below.

 

(3)     The purposes specified in column (4) of the said table shall not be permitted in the areas reserved for particular uses.

 

(4)     In the 'open space use' zone, activities like parks, playgrounds, temporary fairs, plantations, may be taken up. Only Residential buildings may also be permitted in the open space use zone if all the following conditions are satisfied along with other conditions of these Regulations.

 

(i)       the land is a stitiban land and not a leasehold land;

 

(ii)      the coverage is not more than 40%;

 

(iii)     the height is not more than 7.0 (seven) metres; and at least 20 percent of land is used for plantation;

 

(5)     In transport use zone, activities relating to roads, transport depots, bus terminal, bus stop, truck terminal, shall be permissible. In case of such use, a fee will be charged by the Authority, which shall be spent for development and ancillary facilities in these zones.

 

(6)     In green belt use zone, the activities like agriculture, plantation, burial grounds, solid waste disposal units, shall be permissible.

 

(7)     Where a land put to mixed use in a particular zone as per Regulations, the main use should cover not less than 2/3rd of the total floor area and the ancillary use should not exceed 1/3rd of the total area.

 

(8)     Service industries can be permitted in the areas other than industrial use zone if the parameters for service industry as laid down in these regulations are satisfied.

LAND USE PERMITTED/PROHIBITED IN DIFFERENT USE ZONES

TABLE - 21

PART-VIII

DEVELOPMENT AND SUB-DIVISION OF LAND

Regulation - 113.

(1)     Applications for subdivision of land for utilising selling, leasing out or otherwise disposing off as referred to in clause (a) of Sub-section (1) of Section 16 shall be made to the Authority in Form-II

 

(2)     The applications for subdivision shall be accompanied by-

(a)      a copy of the title deed of the land in question;

 

(b)      an affidavit with regard to legal ownership and peaceful possession of land and such other particulars as the Authority may require;

 

(c)      an authenticated copy of the certificate with regard to the payment of development, charges, if any, under Chapter-IX of the Act: Provided that submission of such certificate shall not be necessary if the provisions of Chapter-IX of the said Act has not been brought into force in the area in which the concerned land is located;

 

(d)      an authenticated copy of the receipt towards payment of the specified fee to the Authority as prescribed under Rule 18;

 

(e)      a no-objection certificate, from the lessor in case the land is a lease-hold one unless the lease deed permits undertaking subdivision as applied for;

 

(f)       a site plan traced out of revenue village settlement map in operation indicating therein in red colour the lands to which the application relates and surrounding plots;

 

(g)      an index plan of the site showing adjoining areas within a radious of 150 metres alround from the proposed site marking clearly therein the boundaries of the proposed layout in red colour, existing road, structures, burial ground and high tension or low-tension power line passing through the site of the layout plan and the level of the site;

 

(h)     a detailed plan to a scale not less than 1:500 showing the proposed layout (subdivision) indicating size of plot width of the proposed road, open spaces and amenities provided;

 

(i)       land use analysis indicating the survey plot number, the bye-plot number, the detailed dimensions of all the plots, the area of each-bye-plot and the use to which they are proposed to be put;

 

(j)       in case of land originally belonging to any religious endowments, a no-objection certificate from the endowment commissioner or wakf board as the case may be; and

 

(k)      any other particulars as the Authority may require.

Regulation - 114.

(1)     Subdivision of land shall normally be permitted for the purpose for which the concerned land is earmarked in the development plan. Such subdivision may be for residential, commercial, industrial, institutional or combination of one or more of these purpose or such other purposes as may be considered conforming with the provisions in the development plan:

Provided that in every subdivision plan spaces of roads, community facilities and public utilities as specified in this part or such other facilities as the Authority may determine shall be incorporated.

(2)     No sub-division plan shall be approved unless the area is connected to an existing public road.

 

(3)     After a subdivision plan has been approved by the Authority shall not permit construction of a building on any of the plot under Section 16 unless the owners have laid down and made a street or streets and provided amenities as approved or transferred the land covered by roads, open spaces or other public purposes to the concerned local body.

 

(4)     Sub-division of land for residential purpose in green-belt use zone shall not be permitted unless such sub-division in the opinion of the Authority forms a part of the normal expansions of an existing human habitation.

 

(5)     Sub-division of land should cater to all income groups with different plot sizes and grouping as far as practicable.

Regulation - 115. Roads to be provided in residential sub-division plan.--

(i)       Depending upon the total area to be subdivided roads are to be provided in a hierarchical manner as per the following table provided that roads of 6 metre width can only serve as access to plots and the collector streets should have a minimum width of 9 metres.

TABLE - 22

(ii)      The corner of the plots facing road junction shall be champhered to 45 degree upto a distance of 2.0 metres from the corner.

Regulation - 116. Open spaces & Community Facilities.--

The open spaces and community facilities in a residential sub-division plan shall be provided as mentioned below:

(i)       Open space - A minimum of 7% of the total area in residential subdivision plan shall be left for open space requirement to be used for tot-lot, park, playground, plantation and such other purposes:

Provided that where a person owns one acre of land or less without owning contiguous land, the percentage of open space may be reduced to 10%. Incase, the width of road provided is 9 metres or more this provision of open space may be exempted.

(ii)      Community Facility- Over and above the open space stated above, area shall be left for community facilities such as education, health, recreation and other utilities. This will be in proportionate to the size of the population to be accommodated ultimately and be provided as per the rate prescribed in Table-4 and Table-14.

COMMUNITY FACILITIES FOR PLOTTED DEVELOPMENT AND GROUP HOUSING

TABLE - 23

Regulation - 117.

No sub-division plan shall be approved unless;

(i)       the road/roads provided therein are connected to an existing public road;

 

(ii)      spaces for different categories of community facilities shall also be provided in a sub-division plan depending upon the size of the area and the population as per the details given in Schedule-4.

Regulation - 118.

(1)     Where the plots have been carved out and disposed off without permission of the Authority or in violation of the approved lay out plan, no building permission shall be granted over such sub-plots:

Provided that building permission over such sub-plots may be considered by the Authority after regularization of such lay out.

(2)     No regularization of unauthorised lay outs as referred above shall be made by the Authority;

 

(i)       Where the unauthorised lay outs have been made encroaching Govt. land or land not owned by the applicant.

 

(ii)      Where lay out has been made on a low-lying area or on a natural drainage channel.

 

(iii)     Where the land use of the lay out is not in conformity with use prescribed in Development Plan,

 

(iv)    Where minimum road width has not been provided.

 

(3)     Provided that regularization can be made;

 

(i)       (a) if every plot owners whose plot abuts a road which is less than required width of 6 mtrs in case of access road or 9 mtrs and above in case of a collector road shall free gift 50% of the shortage of the width of the road land to the concerned Local Body/Authority where the plot exists for widening of the road to the required width; and

(b) if the applicants/owners of the sub divided plots shall develop or cause to develop necessary infrastructures likes roads, drains & culverts at their own cost to the satisfaction of the Authority.

(ii)      In case where the above mentioned road width has not been provided with other community facility and roads, drains or culverts are not developed the applicants/owners of the plots shall deposit compounding fee at the rate to be decided by the Authority with prior approval of the Government for the land covered under plots with the Authority for such infrastructural development.

PART - IX

COMPOUNDING

Regulation - 119. Restriction on compounding.--

(1)     Any deviation pertaining to unauthorised development shall not be compounded:

(i)       where construction has been undertaken on Government land or land belonging to local body or a land not owned by the person undertaking such development;

(ii)      where FAR or height has been exceeded or front setback has been reduced from the prescribed norms under these regulation and/or charges for public utility services has not been deposited;

(iii)     where development has been undertaken un-authorisedly within the prohibited limits of any ancient or archaeological monuments or where such developments interfere with the natural drainage of the locality;

(iv)    where development has been undertaken unauthorisedly over the area earmarked or approved for parking; and,

(v)      where road or drain whether public or private, whether constructed or natural, has been encroached.

(2)     Subject to the provisions contained in sub-Regulation (1), the Authority shall have the power to determine further such circumstances under which compounding may be prohibited. Every such decision shall be notified under Regulation 14, and will be enforceable for all plans submitted for approval after expiry of six months from the date of Notification

(3)     The Authority may, either before or after the institutions of the proceedings under the provision of the Act compound any offence:

(i)       where development has been undertaken without permission, but within the frame work of use restrictions and the provisions of these Regulations applicable to the concerned plot;

(ii)      where development has been undertaken in deviation of the approved plan, but within the framework of the use restriction and the provisions, norms, and stipulations of these Regulations; and

(iii)     The Authority may however compound deviations upto 5% (five percent) beyond the permissible norms of these regulation with respect to coverage, side and rear setbacks.

Regulation - 120. Power of Govt. to exempt.--

(1)     Not withstanding contained in this Regulation, the government may however relax any of the provisions of these regulation with an objective to deal with the constructions under taken prior to enforcement of these Regulation and not in conformity with the provisions of these regulations.

(2)     For the purpose of making any such relaxation under clause (1) above the Government may formulate a scheme specifying a maximum time period of four months and publish the same in the Gazette and as referred to in Regulation-14.

Note: The above two clauses shall seize to have its effect after six months from the date of publication of this Regulation.

Regulation - 121. Compounding amount.--

(1)     The compounding amount shall be such as may be decided by the Authority with approval of the Government from time to time.

(2)     At least 50% of the compounding amount shall be utilised for development of public utility services, and protection of heritage sites and structures.

(3)     The instances of compounding, the compounding amount collected, and the amount utilised for development or deposited with agencies of public utility services shall be published in the public notice in the manner referred to in Regulation 14.

PART - X

REMOVAL OF UNAUTHORISED CONSTRUCTIONS

Regulation - 122. Unauthorised construction.--

(1)     The Officer authorised by the Authority shall be competent to order for removal of any construction which in his opinion, is in violation of any of the provisions of the Act, rules, or these Regulations, under the Act.

(2)     Such Officer of the Authority as referred above may, if he is of such opinion, seek the advice of the Vice-Chairman regarding implementation of any provision of these Regulations.

(3)     The Vice-Chairman may call for any records, and in writing, give direction to such officer for implementation of any provision of these Regulations.

PART- XI

GENERAL

Regulation - 123. Educating the people.--

(1)     The Authority shall take a pro-active role in educating the land owners within their jurisdiction so that (a) there will be a planned growth within development area and (b) expensive demolition will be avoided.

(2)     A copy of these Regulations shall be printed by the Authority and sold to public in the sales counter of the Authority.

Regulation - 124. Interim development plans.--

(1)     The Authority may prepare Interim Development Plans (IDP) for newly included development areas including stitiban/ryoti land within a reasonable time frame so that development may not be held up in the name of pendency of Interim Development Plan. Where such IDP has not been prepared, the general provisions of this Regulation shall apply without any zonal restrictions.

(2)     The Authority shall ensure that resources for land acquisition and cost of land are mobilised or are likely to be mobilised within the time frame projected for implementation of such Interim Development Plans.

Regulation - 125. Provision of development plan to prevail.--

In case any of the provisions of these regulations are at variance with those contained in any Development Plan or Town Planning Scheme, the provisions of such plan or scheme shall prevail.

Regulation - 126. Applicability of National Building Code of India.--

Where no express provision has been made in respect of any matter connected with planning and building standards by the Act, the Rule, the Development Plan, the Town Planning Schemes, or these Regulations or by any resolution of the Authority, the provisions of the National Building Code of India shall mutatis mutandis be applicable.

Regulation - 127. Barrier free access for the disabled.--

Adequate provision for facilitating easy access of disabled persons shall be made in all public buildings in accordance with the provisions of National Building Code of India including the minimum facility to reach the staircase/lift without any barrier.

Regulation - 128.

(1)     The qualification, experience and competence of technical personnel and Builders are given in Schedule-I, which are to be followed as per relevant regulations.

(2)     The industries that can be considered in residential area is to be decided by the Authority in consultation with Directorate Town Planning, Orissa form time to time.

(3)     The forms prescribed for application under Section 16(1) permission under Section 16(3) drawing attention of Vice-Chairman under Section 16(7) of ODA Act and others in connection with commencement of work, completion certificate, Occupancy Certificate, Structural stability certificate and periodic progress report are provided in Schedule-2.

Regulation - 129. Constitution of B.P. Committee.--

(1)     The Authority may constitute a Committee under Section 6 of ODA Act to be called Building Permission Committee with members from different Government organizations and departments.

(2)     The Authority may by notification delegate such of its powers relating to approval of schemes, projects and building plans to the Committee constituted under Sub-Regulation (1) as it may deem appropriate.

(3)     Matters and cases relating to permission under Section 16 of the ODA Act and such others which are deemed fit may be referred to the Committee from time to time for advice & recommendations.

Regulation - 130. Validity of permission and re-validation.--

(1)     As per Section 20 of the act, every permission granted shall remain valid upto three years, If within the validity period the work is not completed and completion certificate as prescribed under Section 20 of the Act, is not received, the owner shall have to apply for revalidation of the permission in Form-XIV along with copies of the previously approved plan and approval letter and the details of the construction already undertaken and such other information as may be required and pay all the fees and charges as prescribed in the Act.

(2)     Every revalidation permission granted in Form XV shall be valid for a period of three years from the date of revalidation.

Regulation - 131. Power of Government to relax.--

Notwithstanding anything contained in these regulations, if the Government is satisfied the adherence to any provision in these regulations may result into deterioration of the environment of the locality, it may in such cases, relax any provision of these regulations to such extent as it may deem fit and proper.

Regulation - 132. Decision of the Government to be final.--

In course of implementation of these Regulation if any ambiguity arises in interpretation of the provisions of these Regulations or any conflict arises between the provisions of these Regulations and provisions of Development Plan in force, the decision of the Govt. shall be final.

SCHEDULE -I

QUALIFICATION, EXPERIENCE & COMPETENCE OF TECHNICAL PERSONNEL AND BUILDER

1.        ARCHITECT

(A)     Qualification & Experience.-- 

The minimum-qualification for an Architect shall be the Associate Membership of the Indian Institute of Architects or such degree or diploma which makes him eligible for such membership or such qualifications as listed in the Architects Act 1972, and shall be registered with the Council of the Architecture under the Act. In addition to the above qualifications the Architect should have at least two years experience in professional work.

(B)     Competence.-- 

The Licensed Architect shall be competent to carry out the work related to the building permit as given below and shall be entitled to submit:

(i)       All plans and information's connected with the building permit.

(ii)      Structural details and calculations for residential buildings on plot up to 500 sq. metres and upto three storeys or 10 metre in height.

(iii)     Certificate of supervision and completion of all buildings.

(C)     Duties & Responsibilities:--

(i)       He/She shall be responsible for making adequate arrangements to ensure not only that the work is executed as per the approved plans but also in confirmation with the stipulations of the National Building Code and the I.S.I. standards for safe and sound construction non-hazardous, functioning of the services incorporated in the building and for making adequate provisions for services and equipment for protection from the fire hazards as per the stipulations of the National Building Code in the buildings and shall obtain N.O.C. from the Chief Fire Officer or concerned designated Authority/Consultant before applying for occupation certificate.

(ii)      He/She shall, on behalf of the owner, apply for the progress certificates completion certificates and the occupation certificate and obtain the same is required under the regulations.

(iii)     If the services of the registered architect are terminated, he shall immediately inform the Competent Authority about his termination and the stage of work at which his services have been terminated. The registered architect appointed on the job shall inform the Authority of any deviation that might have occurred on the site with reference to the approved drawings and the stage at which he is taking over the charge. After Authority has inspected the site for his report, the newly appointed architect shall allow the work to proceed under his direction.

(iv)    The registered architect appointed on the work shall inform the Authority immediately on discontinuation of the services of the registered/structural designer, construction contractor, clerk of works, site supervisor, plumber or electrician and shall not allow the work to continue till the vacancy is filled by appointment of another person and the certificate of appointment of such person is submitted in the Authority.

(v)      He/She shall instruct the relevant agency that adequate provisions are made for ensuring the safety of workers and others during excavation, construction and erection.

(vi)    He/She shall instruct the relevant agency that adequate provisions are made for providing safe and adequate temporary.

(D)     Registration:

(i)       The registration fee if any shall be payable as prescribed by the Authority from time to time.

(ii)      The Authority may black-list an architect in case of serious defaults or repeated defaults and shall inform the council of Architect Act, 1972. The registration shall be liable to be revoked temporarily or permanently by the Authority in such cases of negligence or default.

2.        ENGINEER

(A)     Qualification and Experience.-- 

The minimum qualification for an Engineer shall be the Corporate Member of Civil Engineering Division of the Institution of Engineers, India or such Degree or Diploma in Civil, Municipal or Structural Engineering, which makes him eligible for such membership. In addition to the qualifications stated above the Degree Engineers and Diploma Engineers should have at least two and five years of experience respectively in professional work.

(B)     Competence.-- 

The Licensed Engineers shall be competent to carry out the work related to the building permit as given below and shall be entitled to submit:

(i)       All plans and informations connected with building permit.

(ii)      Structural details and calculations of buildings on plot up to 500 square metres and up to four storeys excluding basement/stilt or below 15 metre in height.

(iii)     Certificate of supervision and completion for all buildings.

(C)     Duties & Responsibilities:--

(i)       He/She shall be responsible for making adequate arrangements to ensure not only that the work is executed as per the approved plans but also is confirmation with the stipulations of the National Building Code and the I.S.I. standards for safe and sound construction non-hazardous, functioning of the services incorporated in the building and for making adequate provisions for services and equipment for protection from the fire hazards as per the stipulations of the National Building Code of India in the buildings and shall obtain N.O.C. from the Chief Fire Officer or concerned designated Authority/Consultant before applying for occupation certificate.

(ii)      He or She shall, on behalf of the owner, apply for the progress certificates completion certificates and the occupation certificate and obtain the same is required under the regulations.

(iii)     If the services of the registered Engineer are terminated, he shall immediately inform the Authority about his termination and the stage of work at which his services have been terminated. The registered Engineer appointed on the job, and inform the Authority of any deviation that might have occurred on the site with reference to the approved drawings and the stage at which he is taking over the charge. After Authority has inspected the site for his report, the newly appointed Engineer shall allow the work to proceed under his direction.

(iv)    The registered Engineer appointed on the work shall inform the Authority immediately on discontinuation of the services of the registered/structural designer, construction contractor, clerk of works, site supervisor, plumber or electrician and shall not allow the work to continue till the vacancy is filled by appointment of another person and the certificate of appointment of such person is submitted in the Authority.

(v)      He or She shall instruct the relevant agency that adequate provisions are made for ensuring the safety of workers and others during excavation, construction and erection.

(vi)    He shall instruct the relevant agency that adequate provisions are made for providing safe and adequate temporary.

(D)     Registration:

(i)       The registration fees if any shall be payable as prescribed by the Authority from time to time.

(ii)      If he/she is found negligent in his/her duties and responsibilities. The Authority may black-list an Engineer in case of serious defaults or repeated defaults and shall inform the Institute of Engineers, India to take suitable action against such person. The registration shall be liable to be revoked temporarily or permanently by the Authority in such cases of negligence and default.

3.        STRUCTURAL ENGINEER

(A)     Qualification & Experience.-- 

The minimum qualifications for a structural engineer shall be graduate in civil engineering of recognized Indian or foreign university, or Corporate Member of Civil Engineering Division of Institution of Engineers (India) or equivalent overseas institution, and with minimum 3 years experience in structural engineering practice with designing and field work.

Note - The 3 years experience shall be relaxed to 2 years in the case of post graduate degree of recognized Indian or foreign university in the branch of structural engineering. In case of doctorate in structural engineering, the experience required would be one year.

(B)     Competence.-- 

The licensed structural Engineers shall be competent to submit the structural details and calculations for all buildings and supervision.

In case of buildings having special structural features, as decided by the Authority, which are within the horizontal areas and vertical limits specified in chapter A-2.1.1(b), A-2.2.1(b) and A-2.4.1(a) of NBC of India shall be designed only by structural engineers.

(C)     Duties and Responsibilities:--

(i)       To prepare a report of the structural design.

(ii)      To prepare detailed structural design and to prescribe the method and technique of its execution strictly on the basis of the National Building Code or relevant Indian Standard specifications.

(iii)     To prepare detailed structural drawings and specifications for execution indicating thereon, design live loads, safe soil bearing capacity, specifications of material, assumptions made in design, special precautions to be taken by contractor to suit the design assumptions etc. whatever applicable.

(iv)    To supply two copies of structural drawings to the site supervisor.

(v)      To inspect the works at all important stages and certify that the work being executed is up to the satisfaction of the Architect/ Engineer.

(vi)    To certify the structural safety and overall structural soundness of the building to the Architect/Engineer.

(vii)   To advise the Owner/Architect/Engineer for arranging for tests and their reports for soil, building material etc. for his evaluation and design consideration.

(viii)  He shall prepare the revised calculations & drawings in case of any revision with reference to the earlier submission of drawing and design in a particular case.

(ix)    To submit the certificate of structural safety and over all structural soundness of building to Authority.

(D)     Registration:--

(i)       The registration fees if any shall be payable as prescribed by the Authority from time to time.

(ii)      If he/she is found negligent in his/her duties and responsibilities. The Authority may black-list an Engineer in case of serious defaults or repeated defaults and shall inform the Institute of Engineers, India to take suitable action against such person. The registration shall be liable to be revoked temporarily or permanently by the Authority in such cases of negligence and default

4.        TOWN PLANNER

(A)     Qualification & Experience.-- 

The minimum qualification for a town planner shall be the Associate Membership of the Institute of Town Planners or post-graduate degree or diploma in town and country planning which makes him eligible for such membership or recognized by the Public Service Commissions for the post of Assistant Town Planner.

(B)     Competence.-- 

The licensed town planner shall be entitled to submit:

(i)       all plans and related information connected with development of land of all areas and

(ii)      Certificate of supervision for development of land of all areas.

(C)     Duties and Responsibilities:--

(i)       He/Shall be responsible for marking adequate arrangements to ensure not only that the work is executed as per the approved plans but also is confirmation with the stipulations of the National Building Code and the I.S.I standards for safe and sound construction non-hazardous, functioning of the services incorporated in the building and for making adequate provisions for services and equipment for protection from the fire hazards as per the stipulations of the National Building Code of India the buildings and shall obtain N.O.C. from the Chief Fire Officer or concerned designated Authority/Consultant before applying for occupation certificate

(ii)      He/She shall, on behalf of the owner, apply for the progress certificates completion certificates and the occupation certificate and obtain the same is required under the regulations.

(iii)     If the services of the Town planner are terminated he shall immediately inform the Authority about his termination and the stage of work at which his services have been terminated. The registered Town Planner appointed on the job, shall inform the Authority of any deviation that might have occurred on the site with reference to the approved drawings and the stage at which he is taking over the charge. After Competent Authority has inspected the site for his report, the newly appointed Town planner shall allow the work to proceed under his direction.

(iv)    The registered architect appointed on the work shall inform the Authority immediately on discontinuation of the services of the registered/structural designer, construction contractor, clerk or works, site supervisor, plumber or electrician and shall not allow the work to continue till the vacancy is filled by appointment of another person and the certificate of appointment of such person is submitted in the Authority.

(v)      He /She shall instruct the relevant agency that adequate provisions are made for ensuring the safety of workers and others during excavation, construction and erection.

(vi)    He/She shall instruct the relevant agency that adequate provisions are made for providing safe and adequate temporary.

(D)     Registration:--

(i)       The registration fee if any shall be payable as prescribed by the Authority from time to time.

(ii)      The Authority may black list the Town planner in case of serious defaults or repeated defaults and shall inform the Institute of Town planners, India. The registration shall be liable to be revoked temporarily or permanently by the Authority in such case of negligence or default.

5.        SUPERVISOR

(A)     Qualification and Experience.-- 

The minimum qualifications for a supervisor shall be qualification in architecture or engineering equivalent to the minimum qualification prescribed for recruitment to non-gazetted service by the Government of India plus 5 years experience in building design, construction and supervision.

(B)     Competence.-- 

The licensed supervisor shall be entitled to submit:

(i)       All plans and related information connected with building permit for residential buildings on plot up to 200 m2 and up to two storeys or 7.5 m in height; and

(ii)      Certificate of supervision for buildings in (i).

(C)     Duties and Responsibilities:--

(i)       To adhere strictly to the structural drawing specifications and written instructions of the structural designer and architect/Engineer.

(ii)      To follow the provisions of N.B.C. or I.S. specifications as regards materials, components, quality control and the process of construction.

(iii)     To provide for safety of workers and others during excavation, construction and erection.

(iv)    To provide safe and adequate temporary structure required for construction and erection.

(v)      To bring to the notice of the structural Engineer and Architect/Engineer/any situation or circumstances which in his opinion are liable to endanger the safety of structure.

(vi)    To deposit with the Authority one set of working drawings of the works executed along with the progress certificates before proceeding to the next stage of the work.

(vii)   He shall be in charge of site and responsible for overall supervision of the work.

(viii)  He shall ensure that all the works under his charge are carried out in conformity with the approved drawings and as per the details and specifications supplied by the registered Architect/Engineer.

(ix)    He shall take adequate measures to ensure that no damage is caused to the work under construction and the adjoining properties.

(x)      He shall also ensure that no undue inconvenience is caused in the course of his work in the people in neighbourhood.

(xi)    He shall also ensure that no nuisance is caused to traffic and neighbouring people by way of noise, dust, smell, vibration etc. in the course of his work.

(D)     Registration:--

(i)       The registration fees if any shall be payable as prescribed by the Authority from time to time.

(ii)      If he/she is found negligent in his/her duties and responsibilities. The Authority may black-list an Engineer in case of serious defaults or repeated defaults and shall inform the Institute of Engineers, India to take suitable action against such person. The registration shall be liable to be revoked temporarily or permanently by the Authority in such cases of negligence and default.

6.        GROUP AGENCY

When any Group or Agency comprising of qualified Architect/Engineer/Town Planner is practicing, then the qualifications and experience, competence, duties and responsibilities and registration will be the combination individual qualification and experience, competence, duties & responsibilities and registration as provided in Schedule 1 to 5.

7.        BUILDER

(A)     Qualification and experience:--

(a)      The person/firm engaged in construction activities / building activities in an urban area having proved merit and experience may be considered for registration as a builder. He/She should have at least five years experience in the line.

(b)      A person or group of persons having a qualification of Civil Engineering Diploma /Degree, Architecture and Planning Degree may be registered and builder. He/She should have at least three years experience in the professional work.

(c)      The Authority may classify the builders into three classes namely, class-A, Class-B and Class-C considering their experience and annual turnover.

(B)     Duties and Responsibilities of Builders:--

1.        Any person acting in the capacity of the owner shall be the bona fide owner or authorised agent of the owner for developmental work proposed. He shall satisfy the Authority that he is the actual owner to undertake total responsibility as the owner, employer and manager of the property and its development and of all the assets and liabilities of the property and the project.

2.        He/She shall appoint a registered Architect/Engineer/Town Planner to prepare plan, design, drawings and specifications and to direct the execution of the work in accordance with the requirements of these regulations.

3.        The appointment of the registered Architect/Engineer/Town Planner shall mean that he/she has authorised them to do all things necessary and to take all adequate measures for preparing the design, drawings and specifications for the project and to appoint on his behalf appropriate persons to act as registered Site Supervisor, required for the proper execution of the project and to retain on behalf of the owner any other specialist or expert required on the work of the project.

4.        He/Architect/Engineer/Town Planner shall give written information to the Competent Authority about the commencement of the execution work. He shall see that all requirements of Authority are fulfilled by the registered Architect/Engineer/Town Planner.

5.        He shall not cause or allow any deviations from the approved drawings in the course of the execution of the project against the instruction of Architect/Engineer/Site Supervisor/Structural Designer and shall bear all responsibility for any irregularity committed in the use and function of the building or its parts for which the approval has been obtained.

6.        He shall inform the Authority immediately if the services of the Architect/Engineer appointed on the project are terminated or has ceased to function due to any reason and shall not allow any work to proceed till another Architect/Engineer is appointed on the project.

7.        When no registered construction contractor or site supervisor is required to be appointed and not appointed he shall be responsible for their duties and responsibilities under the Regulations.

8.        He shall not commence the use of building or shall not give the possession to occupy the building to any one before obtaining the occupancy certificate from the Authority.

9.        He shall provide adequate safety measures for structural stability and protection against fire hazards likely from installation of services like electrical installation, plumbing, drainage, sanitation, water supply etc. wherever required under the regulations.

10.     He shall exhibit the names of registered persons only, on site and no additional names will be exhibited/displayed.

11.     He shall explain the construction design and its intended use as per approved plan only, to the prospective purchaser of the premises under construction.

(C)     Registration:--

(i)       The builders shall have to be registered with the Authority on payment of such fees as decided by the Authority from time to time.

(ii)      The Authority may debar or black list the builder as referred to in Regulation-8 and Regulation-62.

SCHEDULE-II

[See Regulation 33 (2)]

EXTRACT OF INDIAN STANDARD GUIDE FOR REQUIREMENTS OF LOW INCOME HOUSING IS 888-1978

1. (1) Type of Development.-- 

The type of development for low-income housing/flatted development as row housing/block development as group housing

1. (2) Density.--

The maximum density in dwelling units shall be as given in Table A below

1. (3) Size of plot/plinth area.-- 

The minimum plot size shall be as follows with a coverage not exceeding 75 percent:

NOTE 1 - The minimum size of plot takes into account the need of incremental housing. In the case of cities (other than Metropolitan cities) with population less than 0.5 million, the size of the plots may be increased by 33 percent.

NOTE 2 - In exceptional cases in Metropolitan cities with population more than 1 million the size or in case of Rehabilitation Schemes of plots may be brought down to 25 m2 in cases of low-income housing colonies located in congested areas or in areas as decided by the Authority

MAXIMUM DENSITIES FOR LOW INCOME HOUSING 

TABLE - A

NOTE 1- These densities are applicable to a cluster or dwelling up to 400, with a family of 5 members.

NOTE 2 - Vertical incremental housing shall be permitted in single ownership plot.

NOTE 3 - These densities include provision for open space, convenience shopping, nursery and all internal roads and path-ways, but do not include peripheral roads around the cluster.

NOTE 4 - The minimum density shall be 75 percent of the value.

The development up to 3 storied is generally recommended; however in exceptional cases development up to 5 storey may be respected to; subject to the provision of Regulation 30.

1. (4) Minimum Frontage.-- 

The minimum frontage of the plot shall be 3.6m. in width.

NOTE - The minimum frontage of 3.6m is desirable. For an economical layout, group housing appears to be a good solution. But if plotted development is to be adopted and if there are occasions where sufficient frontage is not available, the same may be reduced to 3m.

1. (5) Height of Building.-- 

The height of building shall not exceed 15m.

NOTE - For building up to this height of 15m. there is no need to provide lifts.

2. General Building Requirements.--

2.(1) The provision contained in Part-III General Building Requirements of S.P. 7-1970 shall apply excepting for the specific provisions made in 4.2 to 4.7.

2.(2) Plinth.-- 

The minimum height of plinth shall be 30 cm. from the surrounding ground level.

2.(3) Size of Room.--

(a)      Habitable Room

 

(i)       In case of one-roomed house, the size of the multipurpose room including space for cooking shall be not less than 12.5 m2 with a minimum width of 2.4m.

 

(ii)      In the case of two-roomed house, the size of a room shall not be less than 6.5m2 with the minimum width of 2.1m, provided the total area of both the rooms is not less than 16m2. In case of incremental housing to be developed as a future two-roomed house, the first room shall not be less than 9.5m2 with a minimum of width of 2.4m.

 

(b)      W.C. Bath Room

 

(i)       Size of independent W.C. shall be 0.9 x 1.0m2;

(ii)      Size of combined bath-room shall be 1.0m x 1.2m;

 

(iii)     Size of independent bath-room and W.C. shall be 1.0m x 1.8m and this may be permitted in one roomed house.

National Building Code of India, 1970

(c)      Kitchen - 

The size of a cooking alcove serving as cooking space shall not be less than 2.4 m2- with a minimum width of 1.2m. The size of individual kitchen provided in two-roomed house shall not be less than 3.3m2 with a minimum width of 1.5m.

(d)      Balcony- 

The minimum width of individual balcony; where provided, shall be 0.9m.

2. (4) Minimum Height.-- 

The minimum height of rooms/spaces shall be as follows:

2. (4) In the case of sloping roofs, the average height of roof for habitable rooms shall be 2.6m. and the minimum height at caves shall be 2.0m.

2. (5) Lighting and Ventilation.--

The openings through windows ventilators and other openings for lighting and ventilation shall be as follows:

(a)      One-tenth of the room floor area for dry-hot climate.

 

(b)      One-sixth of the room floor area for wet-hot climate.

NOTE: The windows and other openings shall abut on to open spaces either through areas left open within the plot (see 3.3) or the front, side and rear spaces provided in the layouts which shall be treated as deemed to be sufficient for light and ventilation purpose.

2. (6) Stairs.-- 

The following criteria shall be adopted for internal individual staircase:

NOTE: This could be reduced to 20cm as the clear tread between perpend, with possibility of open riser as well as nosing and inclined riser to have an effective going of 22.5cm.

(d) Head Room- 

The minimum clear head-room shall be 2.1m.

2. (7) Circulation Area.-- 

Circulation area on any floor including staircase shall not exceed:

(a)      2.0m2/unit where 4 dwelling units are grouped around a staircase, and

 

(b)      4.0m2/unit where 2 dwelling units are grouped.

3. Roads and pathways.--

3. (1) The area under roads and pathways in such housing projects should normally not exceed 20 percent of the total land area of the project.

3. (1)1. Access to the dwelling units, particularly where motorized vehicles are not normally expected should be by means of paved footpaths with a right of way of 6m. and a pathway of 2m. only. The right of way should be adequate to allow for the plying of emergency vehicles and also for roadside drains and plantation.

3. (1)2. Where motor-able access ways are not provided and pedestrian pathways are provided the minimum width of such pedestrian pathways shall be 4m. which shall not serve more than 50m, and 8 plots on each side of the pathway.

4. Other Requirements.--

4.    (1) Requirements of fire safety, structural design, building services and plumbing service shall as specified in SP: 7-1970 (National Building Code of India 1970)

4.    (2) One water taper dwelling unit may be provided, where adequate drinking water-supply is available. If supply is inadequate public hydrants shall be provided. In the absence of piped water supply, it could be done through hand pumps.

4.    (2).1. The infrastructural service shall be provided before the plots are handed over to individual owners.

5. Site and service schemes.--

5.    (1). The developed plot size shall be as specified in Clauses 3.3. services would have to be laid by the agency concerned as per the provisions of National Building Code. In so far as roads and pathways are concerned they could also be In line with clause 5.

5.    (2) Site and Services Schemes shall provide for the following:

(a)      The complete infrastructural need for a permanent housing;

 

(b)      A service sanitary core in the plot;

 

(c)      A skeletal structure of columns and roof or a developed plinth; and

 

(d)      Permission to allow temporary construction on the plot.