TRIPURA BUILDING RULES 2017

PART - I

Preliminary

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

(1)     These Rules may be called the Tripura Building Rules, 2017

(2)     Except as otherwise provided in these Rules, they shall apply to buildings in the Urban Local Bodies (ULBs) in Tripura.

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

(4)     These Rules are in replacement to the existing Tripura Building Rules, 2004.

 

Rule - 2. Definitions.-

(a)      In these Rules, unless the context otherwise requires,-

(1)     the "Act" means the Tripura Municipal Act, 1994;

(2)     "addition to a building" means addition to the cubic content or to the floor area of a building;

(3)     "area", in relation to a building, means the superficies of a horizontal section thereof made at the plinth level, inclusive of the external walls and such portion of the party-walls as belongs to the building;

(4)     "advertising sign" means any surface of a structure with characters, letters, illustrations or illuminations applied thereto and displayed in any manner whatsoever to public view for the purposes of advertising or giving information regarding, or for attracting the notice of the public to, any place, person, public performance, article or merchandise whatsoever, and whose surface or structure is attached to forma part of, or is connected with, any land or building, or is fixed to a wall, hoarding, frame, post, kiosk, tree, structure, ground or fence, or is displayed in space or on screens;

(5)     "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;

(6)     "alteration" means 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 building, or any change to the, structure such as the construction of, cutting into or removal of any wall, portion, column, beam, joist, floor or other support, or a change to the fixture or equipment;

(7)     "apartment" means part of a property having a direct exit to a street or a passage or to a common area leading to such street or passage which together with its undivided interest in the common areas and facilities forms an independent unit;

(8)     "Applicant" includes a duly authorised agent of the applicant;

(9)     "Architect" means a person who is registered as an Architect by he Council of Architecture under Architects Act, 1972(20 of 1972); An Architect for the purpose of Rule 17 shall be an Architect with two years experience under the Architect Act, 1972(20 of 1972 )".

(10)   "Basement or cellar" means the lower storey of a building partly or wholly below the ground level or the abutting road level, whichever is higher;

(11)   "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 and building services, fixed platforms, veranda, balcony, cornice or projection, part of a building or anything affixed thereto or any wall enclosing or intended to enclose any land or space (other than a boundary wall not exceeding permissible limits as specified in these Rules) and signs and outdoor display structures, tents, temporary hospitals (with other than temporary structures), shamiana, turpentine shelters etc. erected for a temporary and ceremonial or festive occasion with the permission of the Authority shall not be considered as building";

(12)   "building plan" means a plan accompanying a notice for sanction, or provisional sanction, for erection or re-erection, or addition to, or alteration of, a building;

(13)   "building services", in isolation to a building, means lighting and ventilation, electrical installation air-conditioning and heating, acoustics' and sound insulation, installation of lifts and escalators, water supply, sewerage and drainage, gas supply, and telephone installations;

(14)   "chajja or cornice" means a sloping, horizontal or structural, overhung usually provided over opening an external walls to provide protection from the sun and rain;

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

(16)   "commencement of work", in relation to a building, means the actual commencement of a building foundation work or erection or re-erection or alteration of a building including foundation, but does not include mere excavation of earth;

(17)   "courtyard" means a space permanently open to the sky, enclosed fully or partially by building, whether or not at ground level or any other level within, or adjacent to a building, or a courtyard enclosed on all sides (being an inner courtyard) or a courtyard where one of the sides is not enclosed (being an outer courtyard);

(18)   "covered area" means the horizontal area covered by a building immediately above plinth level on any floor, but does not include the spaces exempted under: these Rules and the space covered by -

a.        garden, boundary, wall and wall structure, plant nursery, water pool, swimming pool (if not covered), platform round a tree, tank, fountain or bench

b.        drainage, culvert, conduit "septic tank" or sock pit,

c.        compound wall and gate, and area covered by chajja;

(19)   "cul-de-sac", means a public or private street or passage closed at one end with provision for turning of cars;

(20)   "dangerous" in relation to a building which, by reason of its age, inadequate maintenance, dilapidation, abandonment or by any other reason, has become structurally unsafe or is not provided with adequate means of access or which constitutes a fire hazard, dangerous to human life;

(21)   "depth", in relation to a plot, means the distance from the front to the rear line of the plot;

(22)   'drain' includes the sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sullage, sewage, offensive matter, polluted water, rain water or subsoil waters;

(23)   "drainage" means the removal of any liquid by a system provided for the purpose;

(24)   "dwelling unit" means an independent unit with separate living, cooking and sanitary facilities;

(25)   "engineer" means a person having a degree in civil engineering of a recognised university or institute;

(26)   "floor" means, unless otherwise specifically provided in the Rules, the lower surface in a storey, after the finishing of which one normally walks in a building;

(27)   "floor area" means the covered area of a building at any floor level;

(28)   "Floor Area Ratio" or "F.A.R." (being the abbreviation of the whole words "Floor Area Ratio") means the quotient obtained by dividing the total floor area of all the floors of a building by the area of the plot, formula being as follows:

Total floor area of all floors

F.A.R. = ___________________________

Area of the plot

(29)   "Form" means a form appended to these Rules;

(30)   "framed building" means a building where the dead load and superimposed load are transferred to foundation through framed members with rigid joints, which may be of R.C.C. prestressed concrete, steel, timber, or the like, such members at the transfer of loads being not only experienced with directional stress but also bending stress and sheer stress as wall;

(31)   "geo-technical engineer" shall mean an engineer having at least 2 years experience in soil and foundation engineering;

(32)   "ground coverage" means the quotient obtained by dividing the area of the plot covered by the building at the ground level by the total area of the plot, expressed as a percentage as follows:-

The area of the plot covered by building

Ground Coverage = _________________________________ X 100

Total area of the plot

Explanation.- For the purpose of- calculating the ground coverage, all projections and overhangs shall be included in the covered area excepting cornice, weather shade or chajja of not more than 0.50 metre in width;

(33)   "ground level" means the average level of the centre line of the street or passage to which the plot abuts;

(34)   "habitat room" means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, cooking, if is used as a living room, but not including bath-room, water-closet, compartments, laundries, serving and storage pantries, corridors, callers, attain and spaced that are not used frequently or during extended period;

(35)   (1) "height of a building" shall mean vertical distance measured from the average level of the centre line of the adjoining street or passage on which the plot abuts to the highest point of the building, in case of a flat roof and in the case of sloped roofs, the mid point between the cave's level and the ridge".

(2) "for hill areas, the vertical distance shall be measured from the lowest floor level instead of average ground level as applicable in case of planning;

(36)   "Heritage Building", means a building of one or more premises or any part thereof, which requires preservation and conservation for historical, architectural, environmental or cultural purpose, and includes such portion of the land adjoining such building or any part thereof as may be required for fencing or covering or otherwise preserving such buildings and also includes the areas and buildings requiring preservation and also conservation for the purpose as aforesaid.

(37)   "house" includes any hut, shop or warehouse;

(38)   "hut/mud wall" means any residential building which in constructed principally of mud, leaves grass or thatch or such easily perishable materials and of a temporary nature;

(39)   "khatal" means a place where cattles are kept or maintained for the purpose of trade or business in cattle or business in milk;

(40)   "ledge" or "tand" means a shelf-like projection supported in any manner except by means of vertical supports, within a room itself but not having projection wide than 0.60 metre, for being used only as storage space;

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

(42)   "means of access" means a public or private street or passage open to the sky as shown in the survey map or other records of the local body and includes a passage which way not be open to the sky in the case of partition of an existing building;

(43)   "mezzanine floor" means an intermediate floor between any two floors;

(44)   "natural Hazard"-

The probability of occurrence, within a specified period of time in a given area, of a potentially damaging natural phenomenon.

Natural Hazard Prone Areas-

Areas likely to have (i) moderate to very high damage risk zone of earthquakes, OR (ii) moderate to very high damage risk of cyclones OR (iii) significant flood flow or inundation, OR (iv) one or more of these hazards. Note: Moderate to very high damage risk zones of earthquakes are as shown in Seismic Zones III, IV and V specified in IS: 1893; moderate to very high damage risk zones of cyclone prone are those areas along the sea coast of India having wind velocities of 39m/s or more as specified in IS: 875(part 3;) and flood prone areas in river plains (unprotected and protected) area indicated in Flood Atlas of India prepared by the Central Water Commission. All three hazard prone areas are redrawn in Vulnerability Atlas of India on large scales. Besides, other areas can be flooded under conditions of heavy intensity rains, inadequate drainage, etc. as identified through local surveys in the Development Plan of the area.

(45)   "open space" means an area, forming an integral part of the site, at the ground level open to the sky;

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

(47)   "parking space" means an area enclosed or unenclosed, covered or open, sufficient in size to park vehicles with a driveway connecting the parking space with a street or alley and permitting ingress and egress of vehicles;

(48)   "partition wall" means an interior non-loaded bearing wall of storey or part-storey height;

(49)   " party wall" means one wall forming part of a building and used or constructed to be used for the supports and separation of adjoining buildings to different owners or constructed or adopted to be occupied by different persons;

(50)   "passage" means a means of access which may not a private or public street and which provides access to not rare than three plots, and includes footway and drains attached to the passage and also includes all lands up to the property line of the plots abutting the passage;

(50)(i) "Person" means any individual Indian citizen or an organisation/Department of Government/Semi Government/Private or Corporate body or Joint Venture company.

(51)   "plinth" means the part of a wall or structure between the ground level mid the level of the lowest floor of a building above ground level;

(52)   "promoter" means a person who constructs or caused to be constructed a building on a plot of land for the purpose of transfer of such building by sale, gift or otherwise to any other person or a company, co-operative society or association of persons and includes

i.         his assignee, if any,

ii.        the person who constructs, and the person who transfer by sale, gift or otherwise, the building, if, the two are different persons;

iii.       any Board, Company, Corporation, Firm or other association of persons, established by or under any law for the time being in force;

(53)   "Purchaser" means any person who, enters into an agreement with the promoter for the purchase of a dwelling units;

(54)   "Registrar" means the Registrar as defined in the Tripura Co-operative Societies Act.

(55)   "section" means a section of Act;

(56)   "services" in relation to a building, means lighting and ventilation, electrical installations, air-conditioning and heating, acoustics and sound insulation, installation of lifts and escalators, water supply, fire fighting, sewerage and drainage, gas supply and telephone installations;

(57)   " service rooms" means, rooms and covered spaces meant primarily for purposes other than human habitation, service rooms may be used for parking, air-conditioning plant room or room for the other machines used for any building service or for the other purposes space for a stand by generator for power supply, storage space for household or other goods of non-inflammable nature, strong room or bank cellar and dark room;

(58)   "set back line" means a line usually parallel with the centre line of a road or street, laid down by a competent authority beyond which nothing can be constructed towards the roads;

(59)   "shed" means, a light or temporary .structure for shed or shelter;

(60)   "site" means the entire area covered by a building with out-houses, and includes the land at the front or in the sides of, and pertaining to, such building and the land required by regulations to be left open;

(61)   "structural engineer" shall mean an engineer with at least 2 years experience in structural designs;

(62)   "to construct a building" with its grammatical variation means -

i)         to construct a new building, or

ii)        to re-construct a building, or

iii)       to convert a building or any part of a building, not being a flat or block, into a flat or blocks;

(63)   "to erect a building" has the sane meaning as in sub Rule 62 of Rule 2;

(64)   "tenement" means an independent dwelling unit with a kitchen;

(64)     (i) "ULB" means Urban Local Body like Municipal Corporation/Municipal Council/Nagar Panchayat.

(65)   "use group" or "occupancy" means the purpose for which a building or a part of a building is used or Intended to be used.

Explanation.- For the purpose of classification of a building according to occupancy, an occupancy shall be deemed to include subsidiary occupancies, which are contingent upon it. The occupancy classification shall include residential, educational, Institution, assembly, business, mercantile (retail), mercantile (wholesale), industrial, storage and hazardous occupancies. Principal occupancy shall be the occupancy of covering more than 50% of the floor area of the building .In case no single occupancy covers more than 50% of the floor area of a building, it shall be classified as a building of "mixed use of occupancy". The classification of buildings, based on principal occupancy shall be as follows:-

(a)      "residential building", that is to say, any building in which sleeping accommodation is provided for normal residential purpose as the principal use with or without cooking facility and/or dining facility. Such building shall include one or two or multi-family dwelling, lodging or rooming houses, hostels, dormitories, apartment houses and flats, with private garages;

(b)      "educational building", that is to say any building used for school, college, library or day-care purposes as principal use involving assembly for instruction, education or recreation incidental to education;

(c)      "institutional building", that is to say, any building or part thereof ordinarily providing sleeping accommodation for occupants and used principally for the purposes of medical or other treatment or case of persons suffering from physical or mental illness, disease or infirmity care of infants, convalescents or aged persons and for penal or correctional detention in which the liberty of the inmates is restricted; such building shall include hospitals, clinics dispensaries, sanatoria, custodial institutions and penal institutions like jails, prisons, mental hospitals and reformatories;

(d)      "assembly building", that is to say, any building or part thereof where groups of people congregate or gather for amusement or recreation or for social, religious, patriotic, civil, travel, sports or similar other purposes as the principal use such building shall include theatres, motion picture houses, drive-in-theatres, city halls, town halls, auditoria, exhibition halls, museums, skating rings, gymnasiums, restaurants, eating house, bars, hotels, boarding houses, places of worship, dance halls, club rooms, gymkhanas, passenger stations and terminals of air, surface and other public transportation services, recreation places and stadiums;

(e)      "business building", that is to say, any building or part thereof used principally for transaction business for keeping of accounts and records or for similar purposes; such building shall include offices, banks, professional establishments, court houses, if the principal function of such offices, banks, professional establishment, court houses, if the principal function of such offices, banks, professional establishments, court houses is transaction of public business or keeping books and records; such building shall also include buildings or premises solely or principally used as an office or for office purpose;

(f)       (f)"mercantile building(retail)", that is to say, any building or part thereof used principally as shops, stores or markets for display of merchandise for retail sale thereof or for office and storage of service facilities incidental thereto;

(g)      "mercantile building (wholesale)", that is to say, any building or part thereof used principally as shop, store or market for display of merchandise for sale thereof on whose sale basis, or for office and storage or service facilities incidental thereto, and shall include establishment, wholly or partly engaged in wholesale trade, manufacturers" wholesale Outlets including related storage facilities, warehouses and establishments engaged in truck transport(including truck transport booking agencies);

(h)     "industrial building", that is to say any building or structure or part thereof used principally for fabrication, assembly and/or processing of goods and materials of different kinds, such building shall include laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies, factories and workshops;

(i)       " storage building", this is to say, any building or part thereof used principally for the storage or sheltering of goods, wares or merchandise as in warehouses such building shall include cold storage freight depots, transit sheds, store houses public garages, hangers, silos and barns;

(j)       "hazardous building", that is to say, any industrial or storage building or part thereof used principally for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which are liable to burn with extreme rapidity or which may produce poisonous fumes or explosions during storage, handling, manufacture or processing or which involve highly corrosive, toxic or noxious alkalise; acids or other liquids or chemicals producing flames, fumes, explosions or mixtures of dust or which result in the division of matter into fine particles subject to spontaneous ignition;

(k)      "steel tower" includes the steel tower, having an height of 15 meters or above made for the purpose of telecommunication or other purposes;

Explanation:- Type of buildings not dealt with specifically under these Rules shall be guided by the latest edition of the Codes of Bureau of Indian Standards;

(66)   (a) "width of a street" means the whole extent of space, including the footpath, side drains etc. within the boundaries of the street as specified in the survey map or other records of a local body;

(b) Words and expressions used but not otherwise defined shall have the same meaning as in the Act.

(c) Definitions for the Special chapters ( part - X, XI & XII ):-

(1)     Hut:-

Hut means any residential house which is constructed principally of leaves, grass or thatch or such easily perishable material and of a temporary nature;

(2)     Mud wall:-

Mud wall means any residential house which is constructed principally of mud (wholly or partly), leaves, grass or thatch or such easily perishable material the roof being corrugated sheet or polythene paper and will be of a temporary nature;

(3)     "Non-ambulatory Disabilities:-

Impairments that, regardless of cause or manifestation for all practical purposes, confine individuals to wheelchairs;

(4)     "Semi-ambulatory Disabilities:-

Impairments that cause individuals to walk with difficulty or insecurity. Individuals using braces or crutches, amputees, arthritis, spasties and those with pulmonary and cardiac ills may be semi-ambulatory;

(5)     Hearing Disabilities:-

Deafness or bearing handicaps that might make an individual insecure in public areas because he is unable to communicate or hear working signals;

(6)     Sight Disabilities:-

Total blindness or impairments affecting sight to the extent that individual, functioning in public areas is insecure or exposed to danger;

(7)     Wheel Chair:-

Chair used by disabled people for mobility. The standard size of wheel chair shall be taken as 1050 mm x 750 mm.

(8)     Solar Assisted Water Heating System:-

A device to heat water using solar energy as heat source;

(9)     Auxiliary back up:-

Electrically operated or fuel fired boilers/systems to heat water coming out from solar Water Heating System to meet continuous requirement of hot water;

(10)   New Building:-

Such buildings for which construction plans have been submitted to competent authority for clearance;

(11)   Existing Building:-

Such buildings, which are licensed to perform their respective business;

Rule - 3. Power to relax rules.-

Notwithstanding anything contained in these Rules, a Municipality or other concerned authorities may, for reasons to be recorded in writing and with the previous approval of the State Government, relax any provision of these Rules for dealing with a case in a just and equitable manner.

Rule - 3a. For provision not covered in the byelaws.-

For requirement not specifically covered in this byelaw, the provisions of the latest edition of National Building Code and other relevant Indian Standards formulated by the Bureau of Indian Standards (BIS) shall be followed.

Rule - 3b. Repeal/amendment.-

Any provision(s) or part thereof of these Rules may be amended by the government. The total byelaw or part thereof, may also, if required, be kept in abeyance by the government.

Rule - 3c. Savings.-

For building(s) or part thereof constructed in urban areas, prior to the enforcement of these Rules, shall not be disturbed or affected by any means of these Rules.

PART II BUILDING

A. BUILDING SITES

Rule - 4. Criteria of using a piece of land as a building site.-

(1)     No piece of land shall be used as a building site in ULB areas unless the ULB is satisfied that -

(a)      land record is in conformity with the proposed construction and the plot of land is at least 100 sq. mt. in area for residential purposes and minimum 40 sq. mt. for the purposes other than residential purposes.

Provided that for plot size from 50 sqmt to less than 100 sqmt for Residential purpose and plot size less than 40 sqmt for other then residential purpose, construction upto single storied may be permitted subject to fulfillment of other provisions of these Rules.

(b)      the level of the land is not lower than the level of the approach road or the means of access on which the site abuts.

(c)      the land is capable of being well-drained by means of drainage facilities leading to existing public drains of drainage channels;

(d)      "the soil of the site should be capable of sustaining the construction and the building thereon under all conditions";

(e)      where the site is within 5.00 meters of any side of a tank, the owner will take such measures as shall prevent any risk of drainage from such building passing into the tank;

Explanation:- Soil will also include rocks, boulders, laterite, etc.

(2)     No piece of land in the concern ULB area located in a sinking zone or central business area, as determined by the local bodies, shall be used as a building site without prior approval of the State Government;

provided that for construction of any building on any piece of land in the ULB of the hill areas, prior investigation and testing of soil by a Government recognized investigating and testing organization, in respect of land shall be made;

(3)     No piece of land where a closed, sick or other industry is located or is in operation, shall be used as a site for construction of any building other than Industrial purpose.

(4)     No separate Non Agricultural (NA) permission shall be required in case land falls in the residential zone earmarked in the Master/Development Plan of the city/town, if exists.

Rule - 5. Applications for approval of buildings sites.-

(1)     Every site plan, shall show or state on the body of the drawing of the site plan the following:

(a)      the boundaries of the site and of any contiguous land belonging to the owner thereof with number assigned to plot/premises;

(b)      the position of site in relation to neighboring streets with dimensions;

(c)      the name of the street on which the site abuts;

(d)      the position of the building and of all other buildings including existing buildings(if any) which the applicant intends to erect upon his contiguous land referred to in clause (a) in relation to

(i)       the boundaries of the site and, in case where the site has been subdivided, the boundaries of the portion owned by the applicant and also the portions owned by the other owners, and

(ii)      all adjacent streets, buildings and premises within a distance of 12.0 meters of the site and of the contiguous land (if any) referred to in clause (a);

(e)      the use or occupancy of all the other existing buildings;

(f)       the direction of North point;

(g)      the means of access as per Rules 46 and sub-Rules thereon from the street to the building(s) and to all other buildings(if any) which the applicant intends to erect upon his contiguous land referred to in clause(a);

(h)     the schematic position and approximate height and the number of storyes of all other buildings within 12.0 meters of the site;

(i)       the free passage or way in front of the building;

(j)       the width of the street(if any) in front and at the rear of the building;

(k)      the means of drainage of the proposed building leading to existing public drains or drainage channels with their location in relation to the site;

(l)       the means of drinking water supply to the proposed building indicating the source and the distance from the site including the route through which the pipe line will be laid, if piped water supply is envisaged;

(m)    the means of power supply to the proposed building on the site, indicating the route through which power supply will be achieved;

(n)     "areas of distress";

(o)      such other particulars as may be prescribed by the local bodies;

(p)      the location of power-line, water line, sewer line, natural drainage channel/jhora road side drains, protective works;

(2)     in case of a promoter submitting site plan/building plan for approval, all provisions made in the updated version of Tripura Building Rules shall apply;

(3)     Every application made under Rule 5 shall be written on printed Form-A to be supplied by the ULB on payment of an amount not less than Rs. 10/- only.

Rule - 6. Further information required to be submitted by applicant.-

(1)     Within 15(fifteen) working days from the date of receipt of an application for approval of building site, the competent authority may required the applicant -

(a)      to furnish him with any information on matters referred to in these Rules which has not already been given in the documents there under; or

(b)      to satisfy him that there are, no objections which may lawfully be taken to the approval of the site.

Rule - 7. Incomplete or defective information.-

(1)     If any information or document required under these Rules is, in the opinion of the Local Body, incomplete or defective, it may within 15 (fifteen) working days from the date of receipt of the same, require further information or documents to be furnished.

(2)     If any requisition made under these Rules is not complied with within 1(one) month, the application for approval of the building-site may be refused.

Rule - 8. Signature on approved site plan.-

When the competent authority has approved any site plan, the approved plan/plans shall be signed by such officer as may be authorized in its behalf and in such manner as may be directed and two copies of approved site plan will be returned to the applicant.

Rule - 9. Control of development of parks, public open space, ponds, wetlands, canals, river and other water front and brick fields.-

(1)     For the purpose of these Rules, public open space shall mean any open space which is open to the use of enjoyment of the public, whether it is actually used or enjoyed by the public or not and whether the entry is regulated by any charge or not.

(2)     (a) Generally, parks and public open spaces shall classified for the purpose of these Rules into three following groups:-

(i)       the parks and public open spaces with area to 1500 Sq.m. shall be termed as small park and public open space;

(ii)      the parks and public open spaces with area more than 1500 Sq.m. but up to 7000 Sq.m. shall be termed as medium parks and public open spaces;

(iii)     the parks and public open spaces with area more than 7000 Sq.m. shall be treated as large parks and public open spaces.

(b) The structure above ground level shall be subject to the following provisions:

No structure other than the following shall be permitted in parks and public open spaces;

(i)       statue of public interest;

(ii)      structure related to play equipments and fixtures;

(iii)     structure related to public amenities provided that the height of such building shall not exceed 4.00 meters and that total area covered by such building shall not exceed 10% of the total of the small parks and public open spaces, 5% in the case of medium parks and public open spaces and 3% in the case of large parks and public open spaces.

(iv)    Boundary wall with maximum height of 1.50 mt.

For the purpose of calculation of total area of parks and public open spaces, as aforesaid, the area of water body, if any, shall be excluded.

(c) The underground structure shall be subject to the following Provisions:

(i)       no underground structure shall be allowed in small and medium park and public open spaces;

(ii)      In large parks and public open spaces underground structure for amenities or parking facilities may be allowed, provided such structure shall not affect the environment or create traffic problem.

(3)     No canal, pond, water body, wetland, river lets, jhora, water source, natural spring, streams, drains, culverts shall be filled up provided that after taking due consideration of the existing relevant Acts, the drainage slope, slip, landslide, ecology, culture, environment, pisciculture, fire fighting or any other material consideration and for reasons to be recorded in writing the Local Body with the prior approval of the State Government may allow any canal pond, rivulets, streams, rivers, flood plain area to be filled up.

(4)     In the case of a building in the zone of river (within 15 metres from river bank) or other water fronts of large water bodies (more than 1000 acres), -

(a)      the maximum permissible height of a building in such zone shall be 5.00 metres. In the case of a building on stilts, the maximum permissible height of the building shall be 6.50 metres including the stilts, the maximum height of which shall be 3.00 metres - In such building the stilted portion shall not be allowed to be walled up or covered along the sides- in such situations the stilted portion should be suitably stiffened as per provision of IS 1893:2000 to resist code based earthquake forces"

(b)      no building shall be more than 20.O0 metres long alongside the river or other water fronts. There shall be a clear linear gap of 50.00 metres between the two buildings alongside the river or other water front;

(c)      the maximum permissible covered area of such buildings shall be 200.00 Sq. metres;

(d)      the structures for recreational purpose conforming to this sub-Rule may be permitted within the adjoining land.

(5)     Existing bricks fields shall be allowed to be continued as brickfields within their own boundaries. After being declared as abandoned, the excavated portions shall have to be maintained by the owner at his cost as water bodies where pisciculture or any type of recreational activity may be allowed.

Rule - 10. Sub-division of plots.-

(1)     No sub-division of any plot within the ULB area shall be undertaken without the prior approval of the Local Bodies.

(2)     Generally -

(a)      plot to be subdivided shall be termed as mother plot;

(b)      Sub-division shall not be allowed if the mother plot abuts a means of access having a width of less than 3.50 metres for plains;

(c)      every individual plot obtained by sub- division of the mother plot shall abut a means of access having width of not less than 3.50 metres;

(d)      the junctions of means of access within the mother plot shall be provided with splayed corners measuring not less than 2.50 metres on each side;

(e)      these Rules shall not apply to a scheme for Economically Weaker Section and Low Income Group Housing approved by the Government;

(f)       sub-divisions may be allowed on the condition that the following facilities shall be provided by the owner at his own cost to the satisfaction of the Local Bodies;

(i)       drainage facilities with pucca drain ensuing drainage of each individual plot and of the means of access and passages leading to existing public drain or natural drainage channels;

(ii)      all weather means of access and related protective works, if necessary along with street lighting;

(iii)     street and passages along with street lighting;

(iv)    sanitary facilities including garbage disposal facilities;

(v)      water supply facilities;

(g)      no permission for sub-division of a plot of land shall be granted unless each sub-divided plot is at least 100 Sq. metres in area for residential purposes and 40 sq. meters for other than residential purposes;

(h)      no subdivision of a plot shall be granted unless a detailed layout plan of the area proposed to be sub-divided is submitted before the ULB duly integrating the site layout plan with the general use of the land in the adjoining areas.

The existing street pattern as also the other physical infrastructures facilities like drainage, sewerage, water supply, electricity supply with location of high tension or low tension electric line with poles axe also required to be shown.

(3)     The maximum permissible length for the means of access shall be as given in the following table;

Maximum length of the means of access

(4)     For mother plot measuring more than 5000 Sq. metres in area sub-division may be allowed, provided 8%(eight percent) the total area of the mother plot is developed as public open space. The width of each such open space shall not be less than 10.00 metres and each such open space shall abut a street having a width of not less than 7.00 metres. The minimum area of each such open space is one parcel shall be 400 Square metres. This open space shall be in addition to the land required for providing the means of access to the individual plots obtained by subdivision of mother plot.

(5)     For mother plots measuring more than 25,000.00 sq. metres in area, subdivision may be allowed, provided seven percent of the total area of the mother plot reserved for facilities like school, health centre, market, police outpost, milk booth, post office, power sub-station, transport terminal, water treatment plant, sewerage treatment plant and the like. Such land shall abut a street having a width of not less than 10.00 metres in addition to the land necessary for means of access and for open spaces mentioned in sub-Rule(3).

Rule - 10a. Amalgamation of land.-

(1)     Amalgamation of plots within the ULB area shall be allowed with prior approval of the ULB followed by a Registered Agreement.

(2)     Amalgamated plot(s) should satisfy the criteria in Rule 4(1).

(3)     Amalgamated plot should be considered as a unit for application of relevant Rules laid down in this Rule.

(4)     Building on amalgamated plot should be constructed at a time for full plinth area otherwise approved building plan will be treated as cancelled.

Rule - 11. Delay in sanction or refusal of site plan.-

(1)     Where the sanction of the site plan is not accorded by the Local Bodies and no reason is assigned in this behalf, or where sanction is not refused within a period of 60 days from the date of receipt of the application in this behalf or receipt of necessary particulars, whichever is later, the applicant may make a representation to the Mayor/Chairperson of the ULB.

(2)     Upon such representation, the Mayor/Chairperson shall after causing such enquiry as he may think fit and after giving the applicant an opportunity of being heard, convey sanction of the site plan either conditionally or unconditionally or refuse sanction stating reasons and communicate the same to the applicant within a period of 30 days from the date of receipt of the representation under sub-Rule (1).

Rule - 12. Masonry building not to be erected without special permission in certain cases.-

(1)     Save with the special permission of the Local Body no building (other than a hut) shall be erected unless -

(a)      the site of such building abuts on a public street or a projected public street or a private street duly sanctioned and constructed In accordance with the provisions of the Act or any other law in force immediately before the commencement of the Act; or

(b)      there is access to the building from any such street by a passage or pathway appertaining to such site, and not less than 2.40 metres wide at any part,

(2)     No building shall be erected so as to deprive any masonry or framed building of the appropriate means of access,

(3)     The following building shall be exempted from the operation of these Rules -

(a)      any building erected or intended to be erected by or with the sanction of the competent authority for use solely as a temporary hospital for the reception and treatment of persons suffering from any infectious or contagious disease;

(b)      any hoarding or like means of protection (other than a masonry wall) which the owner of any premises certifies to the competent authority, not less than seven days after erection to have been erected for the purpose of preventing threatened acquisition of any casement over his own premises or any portion thereof, provided, the stability of such hoarding or other means of protection is certified by the competent authority.

B. SUBMISSION OF BUILDING PLAN

Rule - 13. Application to the mayor/chairperson with a building plan for permission to erect a new building or to make addition or alteration to a building.-

(1)     No person shall erect a new building, or re-erect or make addition and/or alteration to any building or cause the same to be done without first obtaining a sanction from the Local Body under these Rules.

Provided that no such sanction is required to be obtained from the Local Bodies for -

(a)      erection, re-erection, addition to or alteration of -

(I)      an internal partition wall which does not violate any of the provisions of Act or these Rules, or

(II)     a parapet wall or a cornice or chajja within the boundaries or the site and not overhanging a street, so however, that the total height of the parapet wall shall not be more than 1.50 metres and width of the cornice or chajja shall not be more than 50 centimeters.

(b)      repairing of a staircase of lift-shaft.

(c)      transparent washing or painting.

(d)      re flooring of the surface of an existing floor,

(e)      re-conditioning of the surface of an existing floor, without changing the character and dimension of such roof, re-flooring of the surface of an existing floor, provided that no such work as is referred to in clauses(a) and (c) shall be undertaken without giving the Local Bodies 15(fifteen) days notice in writing giving the nature of work proposed to be undertaken;

(f)       erection of a false ceiling in any floor for air-conditioning, lighting or decorative purposes;

(g)      plastering and patch work;

(h)     providing or closing, an internal door or window or a ventilator, not opening directly opposite a door or a window of another building; (i) replacing or fallen bricks, stores or repairing of damaged pillars or beams; (j) repairing or renewing existing plumbing service,

(i)       carrying out such other work as is necessary in the opinion of the Local Bodies, for reasons to be recorded in writing, to maintain the building in a condition of good repair or to secure it to present danger to human life.

(2)     Every person intending to erect a new building or to make addition and/or alteration to any building, shall apply to sanction giving notice in writing in Form B along with following:-

(a)      copies of documents showing that the applicant has exclusive right to undertake such works;

(b)      duly authenticated copies of receipts showing payment of tax to the ULB for the quarter previous to the date of application in respect of the land, building or portion thereof upon which the building is proposed to be erected, re-erected, added to or altered and a declaration from the ULB stating that there is no arrear dues payable to the ULB,

(c)      a declaration, stating the name, address and other particulars of Architect or Licensed Building, Structural Engineer etc. as the case may be, along with their consent, who are engaged as per Rule 17;

(d)      requisite number of copies of the drawings as stipulated in Rule 14;

(e)      (i) certified copy of the approved site plan;

(ii) certified copy of the reports of tests for stability of slopes and for soil as per requirements in Rule 4 and such test report should also indicate the maximum load that can be transferred to the soil of the particular site safely;

(f)       receipt of deposition of fees as specified in sub-Rule(9) of Rule 14 of these Rules; and

(g)      in the case of steel towards, the authenticated copy of the relevant license issued by the Government of India or the State Government.

Rule - 14. Particulars to be furnished in, and with, an application.-

(1)     Every application made under Rule 13 shall, be written on a printed form (to be supplied by the ULB on payment of an amount not less than Rupees 10(ten) only or as may be determined by the ULB for each such form) and shall state the location of the site, reference number of approval of the site plan, the number assigned to the premises in the assessment book and its dimensions, and such other particulars as may be specified by the Local Body.

(2)     All site plans, building plans, elevations and sections shall be on drawing sheets which shall be in any of the sizes specified in the table below:-

TABLE -1

Drawing Sheet Sizes

(3)     The plans may be ordinary prints on Ferro-paper or other paper or blue printed, but one set of such plans shall be blue/ammonia printed. Prints of plans shall be on one side of paper only.

(4)     The plans shall be coloured as specified in Table 2.

TABLE - 2

Colouring of Plans

 

(5)     The Plan of the building, elevations and sections according to the application shall be accurately drawn to a scale of 1(one) meter to 1(one) centimeter and coloured in the manner as laid down in Table 2 of Rule-14.

(6)     The Plans, sections (longitudinal and sectional) and elevations of building shall indicate-

(a)      the floor plans of all the floors including roof plan together with the covered area;

(b)      existing building and the basement plan, if any, the sizes of rooms and spacing of structural members, and their materials;

(c)      the location of essential services, that is to say, water closet, sink, baths, septic tank and the like, and arrangement for drainage of sullage and other waste water disposal including sewer connection if any;

(d)      the sizes of footings, the thickness of basement walls, other walls, floor and roof slabs, the construction materials, sizes and spacing of framing members, floor to ceiling heights with their materials, taking at least one fully dimensioned section (both longitudinally and crosswise) through staircase, bath and water-closed as well as such other sections as would clearly indicate the details of architectural features, mezzanine floors, and lofts;

(e)      the front elevation and all other elevation from the abutting public streets;

(f)       the house drainage plan, and site drainage plan up to nearest Nagar Panchayat or Municipality or natural outfall;

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

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

(i)       the plans and details of private water

(j)       (i) the details of breast wall, retaining wall or other protective measures, if any, which are required to be undertaken;

(ii) no part of the proposed building shall be permitted to be erected directly over the retaining or other similar protective walls;

(k)      where structural design and/or soil/stability and similar other tests are necessary for a building under any provision of these Rules, the copy of details or reports and/or recommendations of soil/stability/other tests and/or copy of details of calculating for structural design duly signed by the competent personnel as specified in Rule 17. Details structural drawings including reinforcement detailing should also be submitted.

(7)     Doors and windows schedule shall show sizes of doors, windows, and frames.

(8)     The plan in its headline shall indicate specifically-

(a)      the purpose of construction,

(b)      the name of the owner,

(c)      the name of the police-station, and

(d)      the name and jurisdiction list number of mouza and cadastral survey number of the plot or plots, of the site, if required;

(9)     Every application shall be accompanied with an application fee of not less than Rupees 10(ten) only and not more than Rupees 30(thirty) only as may be determined by the ULB.

(10)   The nearest road of 3 m width or more with the pathway connecting the road and the site should be shown in case of plot abutting roads less than 3 m.

Rule - 15. Specification and other information to accompany the application with building plan.-

Every such application shall further be accompanied by a brief specification giving the following information:-

(a)      the materials and method of construction to be used for external walls, partition walls, foundations, roofs, floors, stairs, fire place and chimneys;

(b)      the manner in which roof and house drainage and the surface drainage of the site will be disposed of;

(c)      the manner, if any, in which it is proposed to pave the courtyard and open space in the building or premises and the scope to which the surface is to be made in each case;

(d)      the means of access that will be available for removal of nuisance;

(e)      proposed occupancy or use of the building for ensuring conformity with the provisions of chapter xiv of the Act;

(f)       the area of plot, area of the plinth of the proposed and existing buildings if any, and the area of open spaces left;

(g)      the number and area of each tenement, the area put to different occupancy or use group in all the floors of the proposed building including the same for existing building, if any;

(h)     safety measures proposed to be taken during the construction of the building;

(i)       for buildings other than residential and educational buildings, the means of ingress and egress of vehicles shall be indicated;

(j)       the position of water tanks with sizes which shall have to be constructed below ground or just above;

(k)      the area of garage (if any);

(l)       number of flats proposed to be built in each floor and total number of flats (if any); (m) calculation of F.A.R.

(m)    an indemnity bond in Form J in the case of building plans having provisions for deep foundation work, piling work, construction of basement or underground construction;

(n)     first aid and other provisions for dealing with fire,

(o)      such other particulars as may be determined by the Municipality/Nagar Panchayat having jurisdiction.

(p)      A certificate undertaking design for hazard safety in Form B-A;

Rule - 16. Preparation of plan and supervision of execution of work.-

(1)     Every person who intends to erect, re-erect or add to or alter any building shall get its plan prepared and structural work designed and supervised by an architect,/structural engineer/licensed building Planner as required under Rule 17 While submitting the plan the architect/licensed building Planner/structural engineer should certify to the effect that the site has been personally inspected while planning the building and/or designing the structural members, as well as has taken into account the findings of/or recommendations of stability analysis as well as examined the Soil Tests Reports as and where necessary under this Rule.

(2)     In all such cases, the licensed building Planner, structural engineer or geo-technical engineer shall have to be empanelled with the ULB.

(3)     The name and address and license or empanelment number of person so employed and serial number/registration number in the case of architect shall be stated in the application in respect of such buildings.

(4)     In case of building plans/site plans submitted by central or state government or by organization controlled by Central or State Government, if the plans are prepared and submitted under the signature of Government Engineer or Architect who are employees of the applicant organization, the Rule 16 (1) and 16(3) shall not be applicable.

Rule - 17. Engagement of technical personnel.-

(1)     Every person who intends to erect, re-erect, add to or alter any building shall subject to the provisions of the Act and these Rules, engage, -

(a)      for all buildings upto 4.5 M. in height, a technical personnel of at least a diploma holder Licensed Building Planner for planning, designing and construction of the building structure and the foundation;

(b)      for all buildings above 4.5 meters and up to 8.0 m. in height and/or for erection involving deep foundation works or construction of basement or any other underground structure thereto, a licensed Degree holder Building Planner and/or an Architect and a Structural Engineer for planning, designing and construction of the buildings including foundation;

(c)      for all other buildings above 8.00 meter and upto 14.0 m. in height and/or for erection involving piling works, deep foundation works or construction of basement or any other underground structure thereto or separately, a licensed degree holder Building Planner, an Architect, a Structural Engineer and a Geo-technical Engineer for planning, designing and construction of a building; and

(d)      for all other buildings above 14.0 meters in height, permission has to be sought from the state government through the ULB. Engagement of technical personnel shall be as per clause (c) above;

provided that licensed Building Planners, the Architect, the Structural Engineer and the Geo-technical Engineer will work in association with one another and they will be individually and/or collectively responsible for ensuring the safety of the building structure and its foundation;

(2)     In case of death, resignation, removal of Architect Structural Engineer, Geo-technical Engineer or Licensed Building Planner as the case may be, a fresh engagement shall be made forthwith and shall be notified to the Mayor/Chairperson of the ULB. No work shall be carried out in the intervening period, if any.

(3)     The validity of any engagement made under this Rules shall lapse, in the case an Architect with lapse of validity of registration granted under the Architect's Act, 1972 (20 of 1972), or in the case of a Structural Engineer and a Geo-technical Engineer with the lapse of empanelment, or in the case of Licensed Building Planner, with lapse the validity of license.

(4)     A Structural Engineer or a Geo- technical Engineer is also required to be empanelled with the ULB.

(5)     A Licensed Building Planner shall have -

(a)      at least a diploma in Civil Engineering or Architecture from a recognized university or an equivalent engineering qualification recognized by the Government and shall not have less than 2 years experience in planning, designing and execution of building work including sanitary and plumbing works related to buildings, or

(b)      a degree in Civil Engineering or Architecture from a recognized university or an equivalent Engineering qualification recognized by the Government and shall not have less than 2 years' experience in planning, designing and execution of building works including sanitary and plumbing works related to buildings.

Rule - 18. Time and manner of disposal of application under rule 13.-

Within 15(fifteen) working days from the date of receipt of an application with building plan, the ULB may require the applicant -

(a)      to furnish him with any information on matters referred to in these Rules which has not already been given in the documents there under;

(b)      to satisfy, him that there are no objections which may lawfully be taken to the approval of the building plans;

(c)      if any requisition made under these Rules is not complied with within 1(one) month, the application for approval of the building plans shall be treated as cancelled.

Rule - 19. Action to be taken while a building is under construction.-

1(one) copy of the sanctioned building plan and copy of the documents mentioned in Part II A 14 (6) shall be kept at the site of the building at all times when building operations are in progress and such plans shall be made available at all such times for the inspection of the ULB or of any officer authorized by it in that behalf.

Rule - 20. Sanction of building plan and permission to execute work.-

(1)     within 30 (thirty) days of the receipt of any application with building plan or of any information or documents which the ULB may reasonably require the applicant to furnish before deciding whether permission shall be granted to execute any work, the competent authority shall, by written order -

(a)      accord sanction, in Form 'C', to the building plan conditionally or unconditionally give permission to execute the work, or

(b)      refuse in Form 'D' on one or more of the grounds mentioned in section 126 of the Act to accord such sanction, or

(c)      accord sanction but impose conditions for permission to execute the work, or

(d)      accord provisional sanction under the proviso in section 125 of the Act:

Provided further that in the case of a provisional sanction, the applicant shall furnish a statement to the effect that, if he is unable to produce the license or permission as required, the provisional sanction would be at his own risk and cost and shall not be made final and the occupancy certificate under Rule 34 of this Rules shall not be issued in respect of the use other than that specified in the Building Plan.

(2)     The Building permit shall not be issued till a duly authenticated copy of a receipt showing payment to the ULB of the Building Permit Fees payable under Rule 25 of these Rules for the sanction of the buildings is produced before the Mayor/Chairperson of the Local Body.

Rule - 21. Power to cancel permission on the ground of material misrepresentation by applicant.-

If, at any time permission to erect any masonry or framed building has been given and the ULB is satisfied that such sanction, was granted in consequence of any material misrepresentation or fraudulent statement contained in the application or in the plans, elevations, sections or specifications submitted therewith in respect of such building the ULB may cancel such permission, and any work done there under shall be deemed to have been done without sanction.

Rule - 22. Appeal on refusal of sanction of building plan.-

Where permission has been refused, the applicant may make further appeal to the Local Body for re-consideration.

Rule - 23. Sanction of plan in case of delays.-

If within the period specified in these Rules, the Local Body has neither sanctioned nor refused to accord sanction to execute any work, the applicant may represent to the Mayor/Chairperson in writing, in this regard and if the representation is not disposed of within 30(thirty) days from the date of receipt of the representation, such sanction or permission shall be deemed to have been granted and the applicant may proceed to execute the work. So, however that nothing in the sanction shall be deemed to have permitted the applicant to contravene any of the provisions of this Rule or any other Rules or regulations applicable to such works.

Rule - 24. Duration and expiry of sanction of building plan.-

(1)     A sanction to erect a building accorded under these Rules shall be valid for 3(three) years from the date on which it is sanctioned and may be renewed thereafter for a further period of 2(two) years on payment, in the form of cash or bank draft, of such fees as may be determined by the Local Body on the basis of Rule 25, and on production of the previously sanctioned plan. A building plan may be revalidated for a further period of 5 years only in case a building has been partly completed and occupancy certificate in terms of Rule 34 has been issued as well as on production of the previous sanctioned/revalidated building plan, the completion certificate and on receipt of fees required to be paid as to be determined by the ULB from time to time;

provided that, if the application for renewal of a building is made after the expiry of 3(three) years, the same shall be accompanied by a renewal fee with a fine not being less than Rupees 2(two) thousand or as may be determined by the ULB concerned.

(2)     Any person who erects a building or continues the work of erection of a building after the permission sanctioned under these Rules has expired, shall be deemed to erect such building or to continue such work without sanction;

(3)     The erection of a building or work shall be completed within the period specified by the Local Body under section 211 of the Act.

Rule - 25. Fees for sanction of building plans.-

(1)     The ULB shall levy a minimum fee for sanction of building plan at such rates, specified in the following on the basis of the sanctioned total covered area in all floors - however maximum fees will not exceed 5 (five) times the minimum specified fees as given hereunder -

(a)      for load bearing buildings the minimum rate of fees would be Rs. 20/-(twenty) per sq.mt. and

(b)      for buildings proposed to be constructed by RCC structure, the rate of fees would be Rs. 25/-(Twenty five) per sq. mt.

(2)     In the case of steel towers, the ULB shall levy fees at the rate of Rs. 3/- (three) per cubic metre of the volume of such towers.

(3)     The ULB shall levy a development fee, in addition to the fees specified in sub-Rule(1) or sub-Rule(2), as the case may be, for passing the building whose Floor Area Ratio has been calculated on the basis of a means of access which is a National Highway, State Highway or any such access having an width of 15 metres or above, at such rates as may be determined by the ULB.

Rule - 26. Signature of approved plan.-

When the Mayor/Chairperson of Local Body has given permission to execute any work, the approved plans of the work shall be signed by such officer as may be authorized in its behalf and 1(one) set of approved plan and 1(one) set of certified copy of the approved plan shall be handed over to the applicant.

Rule - 27. Retention of plan and submission of fresh applications.-

When sanction to erect a new building (other than a hut) is refused,

(a)      the Mayor/Chairperson of the Local Body will retain two copies of plan and shall without charge, furnish applicant with its reason for such refusal in writing; and

(b)      the applicant may, at any time thereafter, send to Mayor/Chairperson of the Local Body a fresh application and fresh or modified documents under these Rules with the object of meeting the objections for which such sanction was refused.

C. COMMENCEMENT OF WORK

Rule - 28. Notice to the mayor/chairperson of the ulb before commencement of work.-

Not less than 7(seven) days before any person commences to erect or re-erect a building shall send to the Mayor/Chairperson a notice, in Form 'E', specifying the date on which he proposes to commence the work.

Rule - 29. Notice for completion of work up to plinth level.-

(1)     After the completion of the structural work up to the plinth level or up to 1(one) metre above ground level, whichever is higher, the applicant shall give a notice to the ULB in Form 'F' to enable him to inspect such work.

(2)     An officer of the ULB duly authorized in this behalf shall inspect the work at the site within 15(fifteen) days from the date of the receipt of the notice and within 7(seven) days of such inspection issue necessary direction, if any.

Rule - 30. Deviations during construction.-

(1)     No deviation from the sanctioned plan shall be made during erection or execution of any work.

(2)     Notwithstanding anything contained in sub-Rule (1),-

(a)      if during erection or execution of work any internal alteration within the sanctioned covered space which does not violate the provisions of the Act or these Rules, is intended to be made, the person referred to in sub-Rule(1) of Rule 13 shall inform the ULB by notice in writing along with a certificate from the Architect or the Licensed Building Planner, as the case may be, together with drawings incorporating the deviations and structural calculation in case of structural deviations, stating the nature and purpose of Plan' under Rule 33; of such deviations at east 15(fifteen) days prior to carrying out such erection or execution of work and may proceed with the execution of such work subject to the condition that such deviations shall be incorporated in the 'Completion plan' under Rule 33;

(b)      if during the erection or execution of work any external deviation beyond sanctioned covered space is intended to be made and which does not violate the provisions of the Act or these Rules, the person referred to sub-Rule (1) of Rule 13 shall, prior to carrying out such erection or execution of works, submit, in accordance, with the provisions of those Rules, a revised plan incorporating the deviations intended to be carried out, for obtaining necessary sanction thereof.

(3)     If no notice is served under clause (a) of sub-Rule (2) above, or the work of erection or execution is undertaken without the sanction referred to in clause( b) above, such erection or execution of work shall be deemed to be in contravention of the provisions of the Act and these Rules and shall be dealt with accordingly.

Rule - 31. Demolition of unauthorized construction.-

(1)     The ULB may order for demolition or alteration of any building/buildings, if the competent authority is satisfied -

(a)      that the erection of any building -

                                              (i)          has been commenced without obtaining the sanction or permission of the competent authority, or

                                             (ii)         is being carried on or has been completed otherwise than in accordance with the particulars on which such sanction or permission or order is based or after such sanction or permission has been lawfully withdrawn, or

                                            (iii)         is being carried on or has been completed in breach of any provision of the Act or these Rules or of any condition, modification, direction or requisition lawfully given or made under the Act or under these Rules.

(2)     If any material alteration of or addition to, any building has been commenced or is being carried on or has been completed in breach of any provision of the Act or these Rules or if any alterations required by any notice issued under these Rules have not been duly made, the ULB may, in addition to any prosecution that may be instituted under the Act, they make an order directing that such erection alteration or addition, as the case may be, or so much thereof as has been executed unlawfully or if any structure specified in the application or plan or specification as a structure to be demolished or altered before the erection of the new building has not been demolished or altered or if any material alterations or additions have been made, such alterations or additions shall -

(a)      be demolished by the owner thereof or altered by him to the satisfaction of the competent authority, as the case may require; or

(b)      be demolished or altered by the competent authority at the expense of the said owner;

provided that prior to carrying out any demolition of any building or part thereof as described in the notice, the owner of the building shall be given a notice stipulating therein the date and time to appear himself or through his authorized representative before the ULB who will hear the circumstances under which such deviation/unauthorized construction work has been carried out and after hearing record the order of the ULB and the said order shall be communicated to the owner officially.

(c)      all demolished materials shall be removed by the ULB at the cost of the owner or to the satisfaction of the ULB within a maximum period of 30(thirty) days from the date of demolition .

Rule - 32. Stoppage of erection of new building in certain cases.-

(1)     In any case the construction of a new building (s) is sought to be erected on a soil which is recently filled up (known from the records of Settlement or ULB about topography of the soil) pond, lake, marshy and sub-soil, the Mayor/Chairperson of the concerned ULB may seek a Soil Test Report issued by a competent authority along with the proposed building plan. Considering the Soil Report, the Mayor/Chairperson may restrict the maximum height of the building or he/she may advice to change the structural design or reject the construction of the said building.

(2)     In any case in which the erection of a new building or any other work has been commenced or is being carried on unlawfully, the Mayor/Chairperson may, by written notice, require the person carrying on such erection or other unlawful work to discontinue the same.

(3)     If any notice issued under these Rules is not duly complied with, the competent authority may, with the assistance of the police, if necessary, take such steps as it may deem needful in order to stop the continuance of the unlawful work.

(4)     If it appears to the competent authority that it is necessary, in order to prevent the continuation of the unlawful work, to depute any public or municipal officer to watch the premises, the cost of providing the same shall be borne by the person to whom the notice was addressed.

Rule - 33. Completion of work.-

After the completion of the erection of a building or the execution of any work, the owner of the building shall submit a notice of completion in Form 'G'. In case of deviation as stated in clause (a) of sub-Rule (2) of Rule 30, the notice shall be accompanied by 3(three) sets of building plan and marked 'completion plan' with all revisions and modifications including those referred to in sub-Rule (2) of Rule 30. The applicant shall duly sign the plans and also the concerned technical personnel specified in Rule 17;

Provided that for a residential or educational building in any municipal area, not exceeding 8.0 metre in height on a plot of 200 Sq. metre in area, application of this Rule may not be insisted upon but the owner will have to intimate in writing to the ULB about the completion of such building.

Rule - 34. Occupancy certificate.-

(1)     Within 7 (seven) working days of receipt of the notice of completion of building or work, the ULB or the authorized representative in this behalf, shall inspect the building or work and shall satisfy itself or himself that the erection of the building or the execution of the work has been done in accordance with the sanctioned plan.

(2)     Within 10 (ten) working days from inspection, the ULB shall, if it is satisfied that the building or the work has been completed in accordance with the sanctioned plan, issue an occupancy certificate, in Form 'H';

Provided that such certificate shall not be issued in the case of a building or any work for which provisional sanction was given unless the applicant produces before the Mayor/Chairperson the license or permission;

provided further that the occupancy certificate shall be issued only after all the extra materials like sand, boulders, stone chips, cement, steel, bamboo, timber etc. lying on the public road have been removed by owner and the damages to public property, if any, has been made good by the owner with his own cost to the entire satisfaction of the ULB.

(3)     After due verification, one set of the building plan shall be returned to the applicant with the endorsement of approved completion plan under the signature of the Mayor/Chairperson or an Officer authorized in this behalf.

(4)     The ULB may, upon a written request from an applicant and on his furnishing an Indemnity Bond undertaking to indemnify the ULB against any risk, danger or damage to any person, whether an occupier or not, and or his giving an undertaking to ensure in such manner as the ULB may specify, public safety, issue a partial occupancy certificate, subject to the provisions to sub-Rule (1) and the proviso to sub-Rule (2); provided that no partial occupancy certificate shall be issued unless the ULB is satisfied that the portion for which such partial occupancy is solicited is in a habitable condition; provided further that when the erection of the building or the execution of the work is completed within the period or the extended period provided for in the Act, the applicant shall apply for conversion of the partial occupancy certificate or issue of an occupancy certificate, and such certificate may be issued in accordance with the provisions of these Rules.

(5)     In case where the occupancy certificate is refused, the ULB shall communicate the reasons thereof in writing to the applicant within 15 (fifteen) days from the date of receipt of the notice of completion of the work.

(6)     In case where, in the opinion of the ULB the building or the work has not been completed in accordance with the sanctioned plan, it may take necessary action in accordance with the provisions of the Act and these Rules.

(7)     The ULB shall not permit connections to be made to municipal water mains and municipal drains, if any, from any new building in respect of which occupancy certificate has not been issued;

provided that the ULB may order severance of such connections if he is of the opinion that the conditions of the partial occupancy certificate are being violated or if further erection of the building or execution of the work is proceeding contrary to the sanctioned plan.

(8)     The ULB shall not permit construction to be made to municipal water mains, if any, from any new building in respect of which water connection fee, as may be specified by the ULB from time to time, has not been paid in advance.

Rule - 35. Delay in issue of occupancy certificate.-

(1)     In case where, within a period of 30 (thirty) days from the receipt of the notice of completion, the ULB fails to issue an occupancy certificate or to communicate refusal the applicant may make a representation in writing to the Mayor/Chairperson.

(2)     The Mayor/Chairperson shall, after such enquiry as he may think fit, and after giving the applicant an opportunity of being heard, issue the occupancy certificate or communicate refusal of the same to the applicant within a period of 30(thirty) days from the date of receipt by the Mayor/Chairperson of the representation.

Rule - 36. Prohibition of use of building without occupancy certificate.-

No person shall occupy or permit to be occupied a building erected or re-erected or altered under the Act in respect of which an occupancy certificate or a partial occupancy certificate under these Rules has not been issued by the ULB.

Rule - 37. Work subsequent to issue of occupancy certificate.-

If any re-erection or addition or alteration of a building in respect of which an occupancy certificate has been issued is intended, a fresh notice under the Act or these Rules, as the case may be, shall be necessary.

Rule - 38. Notice for covering up drains, etc.-

(1)     Before proceeding to cover up drains or appliances connected with the drainage the applicant shall give a notice to the ULB in Form 'I' stating that such drains or appliances are ready for inspection and shall specify the date and hour not being a date earlier than 7(seven) days from the date of the notice on which he will proceed to cover up such drains or appliances.

(2)     An officer of the ULB duly authorized by the ULB in this behalf shall inspect the work at the site, within 3(three) days of such inspection, issue necessary direction, if any.

Rule - 39. Power of mayor/chairperson of the ulb, to guard against accidents during construction or repairs.-

(1)     The Mayor/Chairperson of the Local Body, so far as practicable during the construction or repair of any building, street, drain, water-supply line or other premises vested in the ULB or in an owner, cause proper precaution for guarding against accident to be taken by shorting up and protecting the adjoining buildings, and shall cause such bar, char or post as it shall think fit, to be fixed across or in any street to prevent the passage of any carriage, cart or other vehicle, or of cattle, and avert danger while such construction or repair is being carried on, and shall cause such construction or repair work in a street to be sufficiently lighted and guarded during the night.

(2)     Whoever takes down, alters or removes any such bar, chain or post or removes or extinguishes any such light without the authority or consent of the Mayor/Chairperson of the ULB shall be published with fine which may extend to Rs. 250/-( two hundred and fifty) only.

Rule - 40. Power of mayor/chairperson of the ulb to cause hoards or fences to be set up during construction, repair, etc.-

A person intending to construct or take down any building or any other structure or to alter or repair any other structure externally shall, if the position or circumstances of the work is or are likely to cause, or may cause obstruction, danger or inconvenience in any street, before beginning such work -

(a)      obtain beforehand permission in writing from the Mayor/Chairperson of the ULB so to do; and

(b)      cause sufficient hoards or fences to be put up in order to separate the area where the work is to be carried on, from the street, and shall maintain such hoards or fences standing and in good condition to the satisfaction of the Mayor/Chairperson of the ULB during such time as the Mayor/Chairperson of the ULB considers necessary for the public safety or convenience and shall cause the same to be sufficiently lighted during the night and shall remove the same when directed by the Mayor/Chairperson of the ULB.

Rule - 41. Power as to inflammable structures.-

(1)     (a) The ULB may, by public notice, direct that within certain limits to be fixed by the competent authority, the roofs and external walls of huts or other buildings shall not be made or renewed with grass, mats, leaves or other highly inflammable materials without the consent of the Mayor/Chairperson in writing.

(b) The competent authority may, at any time, by written notice, require the owner of any building(s), which has an external roof or wall made of such material as aforesaid, to remove such roof or wall within such reasonable time as shall be specified in the, notice, notwithstanding that the public notice has not been issued or that such roof or wall was made with the consent of the competent authority or before the issue of such notice, if any, provided that in case of any such roof or wall in existence before the issue of such notice or made with the consent of the competent authority, the competent authority shall pay compensation for any damage caused by the removal, which shall not exceed the original costs of construction of the roof or wall.

(2)     The floors of the lobbies, corridors, passages and landings of a building other than residential or educational shall be, constructed of incombustible materials; the doors shall be constructed of fire-resisting materials and the flights of stairs shall be constructed either of incombustible materials or fire-resisting material.

(3)     The following material shall, for the purpose of this Rule, be deemed to be incombustible:-

(a)      brick-work constructed of bricks, well-burnt, hard and sound, properly bounded and solidly put together with -

                                              (i)          mortar compounded of lime and sharp clean sand, hard clean broken brick, broken flint, gills or slag, well pulverized, or

                                             (ii)         cement mixed with any of the materials mentioned in sub-clause (i);

(b)      granite or other stone which is suitable for building purposes by reasons of its solidity and durability;

(c)      slate, tiles, bricks and terracotta, when used for covering or corbels;

(d)      flag-stones when used for floors over arches, if not exposed on the underside and if not supported at the ends only;

(e)      concrete, composed of broken brick, stone chippings of selected slag and lime, cement or calcined gypsum, when the concrete is used for filling is used for filling in between joints of floors to a depth of not less than ten centimeters;

(f)       any combination of concrete, steel or iron or any other materials approved in this behalf from time to time by the Local Body.

Explanation:- In this Rule, the expression, brick, lime or cement shall mean respectively such brick, lime or cement as conform to the standard and quality specified in this behalf in the latest edition of the National Building Code.

(4)     The following materials shall, for the purpose of sub-Rule (2), be deemed to be fire-resisting, but not incombustible:-

(a)      sal, teak, and other hard timber, when used for beams or posts or in combination with steel, the timber and the steel(if any) being protected by plastering in cement or other incombustible or non-conducting external coating;

(b)      in the case of staircase, sal, teak or other hard timber, not less than four centimetres thick; and

(c)      in the case of staircase, sal, teak or other hard timber, the treads and risers being not less than four centimetres thick.

Rule - 42. Distance from electric lines.-

No building, or veranda, or balcony or projection in any building shall be permitted to be erected, re-erected, added to or altered in any case where the distance between such construction and any overhead electric lines, in accordance with the provision of the Indian Electricity Act, 1910(9 of 1910) as amended time to time, and the Rules made there under, is less than that specified hereinafter:-

("m" indicates metre)

 

Rule - 43. Notification by state government for fire protection.-

The State Government may from time to time prescribe in the interest of public safety, by notification; such other conditions as may be necessary for the fire protection, fire prevention and fire fighting in relation to any case of buildings and the ULB shall comply with such conditions.

Rule - 44. Rat-proofing.-

(1)     Every building or part thereof, designed or intended for use for dwelling, storage or sale of good stuff, shall conform to the requirements specified in sub-Rule (2) and (3).

(2)     Every such building, unless supported on posts, shall have continuous foundation walls, extending from at least 60(sixty) centimeters below ground level, or shall have continuous floor of masonry or reinforced or other equal rat-proof material or materials as approved by the ULB.

(3)     All openings in such foundations or floors, windows and drains and all junctions between foundation walls and building walls shall be effectively rat-proofed, that is, windows and doors shall be tight-fitting, other openings shall be securely covered with rat-proof screening or shall be tightly closed with metal sheeting, concrete or other equal rat-proof materials as may be approved by the Competent Authority of the ULB.

PART-III MEANS OF ACCESS, GROUND COVERAGE, PERMISSIBLE HEIGHT

Rule - 45. Rules for means of access.-

(1)     (a) Every plot shall abut a means of access which may be a public street or private street or passage.

(b) The relationship between the width of the means of access and the maximum permissible height of building shall be as indicated in these Rules.

(2)     The minimum width of means of access in respect of a new building shall be as follows:-

                              (i)          In the case of a residential building, with other occupancies, if any, on less than 10% of the total covered area of building, the width of such street or passage shall not be less than 1.80 metres at any part;

                             (ii)         In case of a building other than residential purpose having occupancy on 10% or more of the total covered area of the building, the width of such street or passage shall not be less than 8.00 metres at any part.

(3)     Any building which is fully or partly put to assembly occupancy for the purpose of theatre, motion picture house, city hall, skating ring, auditorium, exhibition hall or for similar other purposes shall not be allowed on a plot located within 50 metres of junction of two streets, the width of each of which is 10.00 metres or more.

Rule - 46. Ground coverage in respect of buildings.-

(1)     The maximum permissible ground coverage for building, when a plot contains a single building, shall depend on the plot size and the use of the building as given in the table below:

TABLE

Maximum Permissible Ground Coverage

(Plot containing a single building)

(2)     When a plot contains more than one building the maximum permissible ground coverage for the building shall be as stipulated in Rule 51.

Rule - 47. Permissible height of buildings.-

(1)     Height of a building shall be the vertical distance measured from the average level of the centerline of the adjoining street or passage on which the plot abuts, to the highest point of the building, whether with flat roof or sloped roof.

(2)     (a) The following appurtenant structures shall not be included in the height of the building:-

(i)       stair cover not exceeding 2.40 metres in height;

(ii)      lift machine room as per the latest edition of the National Building Code;

(iii)     roof tanks with their supports, the height shall not exceeding 1.80 metre;

(iv)    chimneys;

(v)      parapet walls not exceeding 1.50 metres in height;

(vi)    ventilating, air conditioning and other services equipments;

(vii)   height above mid-point between caves level and ridge level.

(b) The aggregate area of the structures mentioned in clause (a) shall not exceed one-third of the area of the roof upon which these are erected.

(3)     The maximum permissible height of buildings on a plot shall be as given in the table below:

TABLE

(4)     For any building to be erected or re-erected or added to in the vicinity of aerodrome, or which may affect the functioning of any microwave system for telecommunication purposes, the height of such building shall be governed by such Rules or directions as may be made or issued in this behalf by Central Government or any other concerned authority.

(5)     The ULB may, if necessary, restrict the height of buildings in any area within the ULB, below that provided under sub-Rule(3) for reasons to be recorded in writing.

PART – IV OPEN SPACES

Rule - 48. Open spaces for building.-

(1)     Generally,-

(a)      every room intended for human habitation shall abut an interior or exterior open space or an open verandah, open to such interior/exterior open space. Open spaces shall be areas forming integral parts of the plot at ground level and shall be open to the sky without any projection or overhang excepting cornices, chajja or weather shades of not more than 0.50 metre width;

(b)      every building shall have exterior open spaces comprising front open space, rear open space and side open spaces. The minimum width prescribed for front open space, rear open space and side spaces shall be provided along the entire front, rear and side faces of the building respectively. For this purpose the front of the building shall be that face of the building which faces the means of access of the building and the rear part of a building shall be deemed to be that face of the building which is farthest from the means of access. These provisions shall also be applicable to each individual building separately when a plot contains more than one building. In the case of a corner plot located at the crossing of more than one street or passage, the rear of the building shall be deemed to be that face of the building which is farthest from the widest of all such streets and or passages;

(c)      open spaces prescribing to one site cannot be taken for another site. No building shall at any time be erected on any open space prescribed in these Rules for a building and form part of the site thereof, nor shall such open space be taken into account in determining the area of any open space required under these Rules for any other buildings;

(d)      if the front open space is 3.00 metres or more in width a gate Goomti for security purpose may be allowed in the said open space . The covered area of such Goomti shall not in any case exceed 3.00 sq. metres and shall not be included in calculation of Ground Coverage.

(2)     The minimum front open spaces shall be as follows:-

Provided that any building on a plot not more than 165 sqm and upto 8.00 m high of buildings should have minimum 1.20 m front open space.

Provided further that for mixed use buildings, the minimum front open space shall be the one applicable for that particular occupancy which gives the highest provision of the minimum front open space in this Rule.

(3)     The minimum rear open space shall be as follows:-

Every building shall have a minimum rear open space at ground level of a width at its narrowest part of not less than that indicated below:-

(4)     The minimum side open space shall be as follows:-

(a)      every building shall have minimum side open spaces at ground level of width at its narrowest past of not less than that indicated hereinafter -

(b)      Notwithstanding anything contained in clause (a) above, the minimum distance across the side open space from every new building, to an existing building with a door or window opening shall be 1.80 metres.

(c)      notwithstanding anything contained in clause(a) above, the minimum width of side open spaces for an industrial or storage or mercantile (wholesale) building shall be 3.50 metres;

(d)      in the case of a building more than 24.00 metres in depth on a plot abutting any street a passage along the entire depth of the building shall be provided and the minimum width of such passage shall be 4.0 metres.

(5)     The interior open space shall be as follows:-

(a)      for inner courtyard, -

In case the whole of one side or part of at least two sides of every room excepting bath, water-closets and store-room is not abutting either the front, rear or side open spaces, it shall abut an inner courtyard whose minimum width shall be 30% of the height of the building or 3.00 metres whichever is more.

(b)      for ventilation shaft, that is to say, for ventilating water closet and bath-room such water closet or bath-room if not opening to front side, rear or interior open space, shall open on to a ventilation shaft, the size of which shall not be less than the values given below:-

Note: No chajja shall be allowed in the ventilation shaft unless the width of shaft is 2.40 metres or more.

(c)      if there be building, other than boundary wall on not more than three sides of a building the minimum width of such courtyard, shall not be less than 20% of the height of the building or 2.50 metres whichever is more.

Rule - 49. Provision of parking space for a building within a plot.-

(1)     Generally -

(a)      the minimum size of a car parking space shall be 2.40 metres x 4.50 metres and that for a truck or bus parking space shall be 3.75 metres x 10.00 metres. These spaces do not include the area of circulation internal roads, aisles and driveways. The minimum width of an internal circulation road shall be 3.50 metres for cars and 5.00 metres for trucks;

(b)      in calculating the number of parking Spaces as per the norms laid down in sub-Rule (2) hereinafter the covered area shall be the same as the total covered area of the building but shall exclude the area of covered parking spaces, if any;

(c)      the parking lay-out plan shall be so prepared that the parking space for each vehicle becomes directly accessible from the drive-way or circulation drive-way or aisles. This clause shall not be applicable to residential building up to 14.0 metres in height;

(d)      the open spaces within the plot may be allowed to be utilized for car parking spaces open to the sky provided that the minimum front, rear and side open spaces prescribed in Rule 48 & 50 as the case may be, shall be kept free from parking;

(e)      for areas with different occupations in a building the number of parking spaces shall be worked out on the basis of each of the occupancies separately and total number of parking spaces required for the building;

(f)       in case of a plot containing more than one building; parking requirement shall be calculated for each building separately, on the basis of use of each building;

(g)      in calculating the areas of different occupancies in the same building, the areas of common spaces of any floor, which are included in the calculation of the total covered area shall be distributed proportionately amongst the different occupancies;

(h)     for plots in a scheme for Economically Weaker Section and Lower Income Group Housing under Government approved schemes, the parking requirement shall be as indicated in Rule 54.

(i)       for plots with means of access of less than 2.40 meters in width, car parking space may not be provided;

(2)     The minimum parking requirement shall be as follows-

(3)     In case stilt structures are included in the building plan for parking or other use then providing adequate shear walls and/or cross bracings in stilt structures is mandatory.

Rule - 50. Tall buildings (exceeding fourteen and half meters in height).-

In ULB the building height shall not normally be more than 14.50 meters (fourteen and half). But in the case of any building exceeding 14.50 meters in height, the ULB, for reasons to be recorded in writing and with the previous approval of the State Government with the support of the Technical Appraisal Committee (TAC) constituted as per sub-Rule 8 of this Rule, may sanction such proposal(s) as special case if not otherwise covered by any law for the time being in force. In such cases the following special Rules shall be applicable in addition to other Rules under the Act:-

(1)     no building exceeding 14.5 (fourteen and half) meters height shall be allowed on private or public street of less than 15.00 meters in width;

(2)     for every category of building referred to in Rule 49(2) and exceeding 14.5 (fourteen and half) meters in height shall have a front open space of not less than 20% of the height of the building or 6 meters at its narrowest part, whichever is less subject to minimum as specified in Rule 48(2).

(3)     (a) every building exceeding fourteen and half meters but not exceeding 18.0 (eighteen) meters in height shall have a rear open space at ground along the entire width of the building forming an integral part of site of a minimum width of five meters;

(b) every building exceeding 18.0 (eighteen) meters in height shall have a rear open space at ground along the entire width of the building forming an integral part of the site of 20% of the height of the building subject to the minimum of five meters;

(4)     (a) the minimum side open space of a building exceeding 14.5(fourteen and half) meters but not exceeding 18.0(eighteen) meters in height shall be 3 meters and 50 centimeters on either side or more;

(b) the minimum side open space of a building exceeding eighteen meters in height shall be 20% of the height of the building subject to the minimum of five meters and fifty centimeters on either side;

(c) in the case of a building of more than 24 meters in depth and not exceeding 18 meters in height one of the side shall be at least 4 meters in width;

(5)     (a) in case the whole of one side or part of at least two sides of every room excepting bath, water-closets and store-room, is not abutting either the front, rear or side open spaces, it shall abut an inner courtyard whose minimum width shall be 20% of the height of the building or 3 meters, which ever is more; (b) for ventilating water closet in bathroom such water closet or bathroom or kitchen or any room not intended for human habitation, if not opening on to front, rear, side or interior open space, shall be up to a ventilation shaft, the size of which shall not be less than the values given below:

For building of height of more than 14.50 meters in height a mechanical ventilation system shall be installed besides the provision of ventilation shaft; (c) if there be building other than boundary wall of not more than three sides of a court yard, the minimum width shall be 20% of the height of the building or 2.50 meters which ever is more;

(6)     (a) for every building exceeding fourteen and half meters in height, the Floor Area Ratio shall be as specified in the table below:

TABLE

Maximum Permissible Floor Area Ratio (FAR)

Commercial Zone, if any

(b) while calculating the floor area under this Chapter, the following shall be excluded namely:-

                                                              (i)          stair cover not exceeding 2.4 meters in height,

                                                             (ii)         lift machine room as per latest edition of the National Building code,

                                                            (iii)         roof tanks with their support, the height shall not exceeding 1.8 meters,

                                                            (iv)        chimney, ventilating, air-conditioning and service equipment attached to the building: Provided that the aggregate area of these structures mentioned at (i) to (iv) above shall not exceed one-third area of the roof upon which these are erected,

                                                             (v)         the area of covered car parking spaces as may have been provided for the required number of car parking, spaces in accordance with Rule 50, and for this calculation the area required for one car parking space shall be taken as 20 sq. meters inclusive of all circulation spaces.

(7)     for construction of steel towers, the criteria specified for buildings above 14.5 meters in height shall be followed .

(8)     A Technical Appraisal Committee (TAC) as provided in Rule 50 shall be constituted by the Urban Development Department which will support the State Government in giving approval of building plan having height more than 14.5 meter .

PART-V REGULATION FOR MORE THAN ONE BUILDING IN ONE PLOT

*****

Rule - 51. Regulation for more than one building in one plot, existing building and the buildings under govt. Approved schemes.-

(1)     (a) Every building on a plot containing more than 1(one) building shall abut an internal road connecting the means of access of the plot.

(b) The minimum width of such internal roads shall be 3.50 meters where internal road of 3.50 meters in width is not possible to be provided due to an existing building constructed prior to the enforcement of these Rules, a building of not more than 8.0 meters in height may be allowed, provided that the width of the internal road shall not be less than 1.20 meters.

(c) The maximum permissible height of any building on a plot shall be determined by the width of the means of access on which the plot abuts according to the table given in sub-Rule(3) of Rule - 48.

(d) The minimum width and the maximum length of all such internal roads shall be as prescribed in the table below:

(e) In case the buildings within a plot which are not of the same occupancy, an individual building of any particular occupancy shall comply with the Rules governing such occupancy except the provisions regarding ground coverage which shall be in accordance with sub-Rule(2) of this Rule.

(2)     Ground Coverage shall be as laid down below:-

for plots measuring 5,000 sq. mts or more in area, the maximum permissible ground coverage shall be 45% for residential or education buildings and 35% for buildings of other use groups or for buildings with mixed occupancies:

provided that the provisions of Rule 47 shall be applicable to plots measuring less than 5,000 sq. meters.

(3)     open space for Building shall be as laid down below:-

(a)      every building shall have minimum external open space prescribed in Rule 49, provided that on these open spaces internal roads may be constructed.

(b)      for plots measuring more than 5000 sq. meters in area, provision of 8% of the total area of the plot is to be kept as public open space. The width of each such open space shall not be less than 10.00 meters and each such open space shall abut a street having a width not less than 7.00 meters. The minimum area of each of such open space in one parcel shall be 400 sq. meters This open space shall be in addition to the land required for providing the means of access to the individual plots as prescribed in Rule 46.

(c)      for plot measuring more than 25000 sq. meters in area provision of 7% of the total area of the plot shall be reserved for use for facilities like School, Health Centres, Market, Police Outpost with both Post Office, Power Sub-station, Transport Terminal water Treatment plant, Sewerage Treatment plant and the like, such land shall abut a street having a width of not less than 10.00 meters in addition to the land necessary for means of access and for open spaces sanctioned in clause(b) of this sub-Rule.

(4)     The parking provision shall be the same as stipulated in Rule 49.

Rule - 52. Provisions regarding existing building.-

(1)     The provisions of these Rules shall apply only in the case of an existing building. Existing building, for this purpose, shall mean any building which was erected before the date of coming into force of these Rules in accordance with a building plan sanctioned by a authority competent to sanction such building plan under the Tripura municipality Act, 1994 or any other law for the time being in force.

(2)     In the case of existing building. -

(a)      excepting storage buildings, where the open spaces required have not been provided an addition in the number of storeys, if otherwise permissible, may be allowed with a se back, provided such building continues with the same occupancy: provided that no formal set back may be necessary up to a height of 8.0(eight) meters for adding only one floor over an existing single storied residential building;

(b)      the extent of the set back from the property boundary shall be such as to make the addition to the building conform to the provisions of Rules 47 and 49;

(c)      if any car parking space is required to be provided under these Rules and no such car parking space can be provided in such existing building, the covered area allowable under the provisions of these Rules shall be reduced by the area required for such car parking space which can not be provided in the said building;

Explanation.- For the purpose of calculation, the area required for one car parking space shall be taken as 20.00 sq. meters.

(d)      the height of the building shall conform to the Rules as indicated in Rule 48 and in no case after addition the height shall exceed 14.0 meters ;

(e)      the addition to an existing building with residential occupancy shall not exceed 200.00 sq. meters in covered area;

(f)       the addition to an existing building with educational occupancy shall riot exceed the total covered area of the existing building;

(g)      the addition to an existing building with other occupancies including mixed use building but excepting storage building shall not exceed 100.00 sq. meters in covered areas;

(h)     in case of partition of existing buildings common wall may be allowed as the partition line.

Rule - 53. Provisions for maintenance, demolition of an existing building/structure.-

In case of any report(s) against an existing building/structure or part thereof or is older than 50(fifty) years and is not safe for human habitation or any other purposes, a Joint Expert team, constituted by the competent authority, comprising expert(s) from ULB and PWD will verify that reported building/structure and submit a report to the competent authority regarding the latest structural condition of that building/structure or part thereof and the authority will take decision about its continuation of existence or demolition or necessary repairing works needed to be undertaken on the basis of the report of the Joint Expert team. In that case, if any safeguard measure or measures are required to be taken or it becomes necessary to demolish the reported building/structure, the owner(s) shall have to do it within the time-bound period at his/their own cost or the authority will take necessary measures accordingly.

Rule - 54. Provisions for buildings constructed under government approved schemes.-

(1)     Notwithstanding anything contained elsewhere in these Rules the provision of this chapter shall apply in respect of matters provided therein, in the case of buildings constructed by Governments, or any of the statutory bodies under any Government approved scheme, for residential use of persons belonging to Economically Weaker Section (EWS) or Lower Income Group (LIG) or of industrial workers.

(2)     For plotted development the minimum size of a plot shall be 40 square meters and the maximum size of the plot shall not be more than 65 square meters.

(3)     (a) No building shall be constructed on a plot if the width of the means of access to the site is less than 1.8 meters.

(b) No building exceeding 8.0 meters in height shall be allowed on a plot if the width of the means of access to the site is less than 2.4 meters.

(4)     The maximum permissible ground coverage shall be 75% of the area of the plot.

(5)     The maximum height of the building shall be 14.5 meters.

(6)     The minimum front open space for a building shall be 1.0 meters.

(7)     The minimum rear open space for a building shall be 0.8 meter.

(8)     The buildings may be of the row housing type and the maximum length of the building in a row shall be 50 meters. After every 50 meters of length of the building in a row, there shall be an open space of not less than 2.5 meters in width for the entire depth of the building;

Provided that such open space shall not be necessary if there is a street or passage at such location, the minimum width of which is 2.5 meters.

(9)     No parking space within the plot shall be necessary.

(10)   ULBs shall adopt pre-approved building plans/layout plans for Economically Weaker Section (EWS)/Lower Income Group (LIG) housing for plot size not more than 65 square meters. Any person belonging to EWS/LIG category may adopt any pre-approved building plans/layout plans and directly approach to ULB for obtaining sanction.

PART VI REQUIREMENTS OF PARTS OF BUILDINGS

Rule - 55. Plinth.-

(1)     The plinth or any part of a building or any accessory building shall be so located with respect to the crest of the road level that adequate drainage of the site, in such situations, the stilted portion should be suitably stiffened to resist design earthquake forces assured and it shall in no case be at a height less than 60 centimeters.

Provisions shall have to be followed as per IS Guide listed in Annexure. Suitably add provisions for "Low income housing (plinth max 40 Sq. meters) as per IS: 8888-1993 Guide for requirements for low-income housing".

(2)     Every inner courtyard shall be raised at least 15 centimeters above the level of the center of the nearest street and shall be satisfactorily drained.

(3)     In case of buildings having parking provision at ground floor, the plinth height in no case is at a height less than 15 centimeters.

Rule - 56. Habitable room.-

(1)     No habitable room shall have an area less than 9.50 sq. meters having a minimum width of 2.40 meters, where there is only one room. In case of more than one room, one of these rooms shall be not less than 9.50 sq. meters with a width of 2.40 meters at the minimum and the others shall not be less than 7.50 sq. meters in area with a minimum width of 2.10 meters.

(2)     No habitable room shall have, a height of less than 2.75 meters measures from the surface of the floor to the lowest point of the ceiling or the underside of any slab:

Provided that in the case of any centrally air-conditioned building, the height of any habitable room shall not be less than 2.4 meters measured from the surface of the floor to the underside of any slab or false ceiling, as the case may be:

Provided farther that the height from the surface of the floor up to the beam shall not be less than 2.4 meters;

Provided also that in the case of any pitched roof the average height shall not be less than 2.75 meters and the minimum height at caves level shall be 2.1 meters.

(3)     All rooms in any buildings irrespective of their use group, utilized for human habitation shall conform to sub-Rules (1), (2) and (3)

(4)     Any room to be used as retail shop shall have a minimum clear height of 2.3 meters measured from floor to bottom of the ceiling or beam, whichever is lower;

Rule - 57. Roof.-

(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, and so arranged, joined and fixed as to ensure that the rainwater is carried away from the building without causing dampness in any part of the walls or foundations of the building or those of an adjacent building.

(2)     The ULB may require rain-water pipes to be connected to a drain or sewer through a covered channel formed beneath any street to connect the rain-water pipe to a road gutter or any other approved device.

(3)     Rain-water pipes shall be affixed to the outside of the walls of the buildings in recesses or chases cut or formed in such walls or in such other manner as may be approved by the ULB.

(4)     Every terrace on the top most storey of any building shall have a common access and shall not be sub-divided.

Rule - 58. Kitchen.-

(1)     No kitchen shall have a floor area of less than 4.5 sq. meters and width of less than 1.8 meters:

Provided that if any kitchen is to be used for eating purposes also, such shall not be less than 9.5 sq. meters and the width shall not be less than 2.4 meters.

(2)     No kitchen shall have a height less than 2.5 meters measured from the surface of a floor to the lowest point in the ceiling or the underside of any slab except from the portion to accommodate any floor or any upper floor.

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

(a)      unless separately provided with any pantry meant for the washing of kitchen utensils which shall land directly or through a sink to grated and trapped connection to waste pipe;

(b)      an impermeable floor;

(c)      a window of not less than 1 sq. meter in area opening directly to an interior or exterior open space, or into any shaft;

(d)      a flue, if necessary;

(e)      a refuse chute for discharge of solid wastes, in case of any building exceeding 18.0(eighteen) meters in height.

Rule - 59. Pantry.-

(1)     No pantry shall have a floor area of less than 3 sq. meters and a width of less than 1.4 meters.

(2)     Every pantry shall have -

(a)      a means of the washing kitchen utensils, if not provided in the kitchen, which shall lead directly or through a sink to grated and trapped connection to any waste pipe;

(b)      an impermeable floor.

Rule - 60. Bath room and water closet.-

(1)     No bathroom shall have a floor area of less than 1.8 sq. meters, with a width of less than a1.2 meters and a height less than 2.2 meters measured from the surface of a floor to the lowest point of the ceiling or the underside of any slab:

Provided that if it is combined bathroom and a water closet such floor area shall not be less than 2.6 sq. meters.

(2)     No water closet shall have a floor area of less than 1.1 sq. meters and a width less than 0.9 meter.

(3)     Notwithstanding the provisions of sub-Rule (1) or sub-Rule(2), the case of any building referred to in Rule 54, -

(a)      an independent bathroom may have a floor area of 1.45 sq. meters;

(b)      a combined bathroom and water closet may have a floor area of 2.0 sq. meters, with a minimum width of 1.1 meters.

(4)     Every bathroom or water closet shall -

(a)      be so situated that at least one of its walls shall open to an interior or exterior open space or shaft and shall have an interior or exterior open space or shaft and shall have an opening in the form of window or ventilator or lurver not less than 0.37 sq. meter in area;

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

(c)      have the platform or set made of water tight non-absorbent materials;

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

(e)      be provided with a door completely closing the entrance to it; and

(f)       be provided with an impervious floor covering with an impervious floor covering sloping towards any drain with a suitable grade and not towards any veranda or other room.

(5)     No room containing any 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 or pantry by a door, window or other opening.

Rule - 61. Loft.-

(1)     A loft may be permitted in buildings of all use groups.

(2)     The area of any such loft shall be restricted to 25 percent of the area of the floor or any room other than inhabited room, provided that 100 percent of the area may be covered over any corridor.

(3)     Maximum height between any loft and ceiling shall be 1.20 meters and the clear height below the loft shall not be less than 2.10 meters.

Rule - 62. Ledge or tand.-

(1)     A ledge or tand in a habitable room shall not cover more than 15 percent of the floor on which it is constructed and shall not interfere with the ventilation of the room under any circumstances.

(2)     The ledge shall be provided at a minimum height of 2.1 meters from floor level.

(3)     The maximum width of any ledge or tand shall be 0.60 meter.

Rule - 63. Mezzanine floor.-

(1)     A mezzanine floor may be permitted only between the ground floor and first floor of any building.

(2)  A mezzanine floor may be permitted over a habitable room provided that -

(a)      it conforms to any standard for a habitable room as regards lighting and ventilation;

(b)      it is so constructed as not to interfere under any circumstances with the ventilation;

(c)      such mezzanine floor is not subdivided into smaller compartments;

(d)      such mezzanine floor or part of it shall not be used as kitchen; and

(e)      in no case a mezzanine floor shall be subdivided so as to make it liable to be converted into unventilated compartments.

(3)     An area up to 25 percent of the covered area on the ground floor shall be allowed.

(4)     The height of any mezzanine floor shall not be less than 2.1 meters.

Rule - 64. Store room.-

No store room in any residential building shall have a floor area less than 1.5 sq. meters and a height of less than 2.1 meters.

Rule - 65. Garage.-

(1)     No garage for cars shall be less than 2.5 meters x 5 meters.

(2)     The minimum head room in a garage shall be 2.1 meters.

(3)     The size of any garage where more than one motorcar is parked shall be calculated on the basis of the number of vehicles to be parked there.

(4)     No garage for trucks shall be less than 3.75 meters x 10.00 meters with a minimum head room of 3.00 meters.

Rule - 66. Basement.-

(1)     Subject to specifications, if any, made in this behalf under the Tripura Town and Country Planning Act, 1975, the ULB may specify any area or ward where the construction of any basement shall not be permitted.

(2)     A basement may be used as -

(a)      a parking space;

(b)      an air-conditioning plant room or room for other machines used for any building service or for other purposes,

(c)      a space for a stand by generator for power supply,

(d)      a storage space for house hold or other goods of non-inflammable nature,

(e)      a strong room or bank locker,

(f)       a dark room,

(g)      a stack room in any library, or

(h)     a business building, or mercantile building (retail)., or assembly building, if it is air-conditioned.

(3)     Outer walls of a basement shall not extend to the exterior open spaces as required under these Rules.

(4)     No basement or portion thereof shall be used for residential purpose.

(5)     No kitchen, bathroom or water closet shall be permitted in any basement unless the sewer levels permit the same and there is no chance of back flow and flooding of sewerage. If permitted, such kitchen, bathroom or water closet shall be placed against an external wall of the basement, which shall also be the external wall of the building and shall be adequately lighted and ventilated. Detailed plans showing arrangement for drainage including pumping system shall be submitted in such cases.

(6)     Every basement shall -

(a)      in every part be at least 2.4 meters in height from the floor to the underside of the roof slab or ceiling or any false roofing;

(b)      have adequate arrangement so that surface drainage does not enter the basement, and have adequate arrangement for pumping out water, if necessary;

(c)      have water-tight walls and floors which shall be so designed that the effect of the surrounding soil and moisture, if any, is taken into account in design and adequate damp-proofing treatment is given;

(d)      have access by means of two or more ramps and a staircase, which are separated from the main and alternate staircase providing access and exit from higher level floors, the width of each ramp shall not be less than 3.5 meters and the slope shall not be steeper than 1(one) vertical to 6(six) horizontal and the distance between the ramps shall be such as may be determined by the Mayor/Chairperson of the ULB.

(e)      in the case of such basement being used for a purpose as referred to in clause(g) of sub-Rule(2), have sufficient numbers of access ways and exit ways so that the travel distance is not more than 15 meters;

(f)       have adequate ventilation as required far any occupancy or use group under these Rules:

provided that any deficiency may be met by providing adequate mechanical ventilation in the form of bowlers, exhaust fans at the, rate of one exhaust fan for every 50 sq. meters of the basement area, or by air-conditioning;

(g)      comply with the requirements of the Tripura Fire Service Act as in forced in the State of Tripura and the Rules and the directions made or issued there under.

Rule - 67. Chimney.-

(1)     Any chimney shall conform to the requirements of the latest version of IS: 1645-1960 Code of practice for fire safety of buildings (general), chimneys, flues, flue pipes and hearths. (2) Any chimney shall be built at least 0.9 meter above any flat roof;

Provided that the top of any chimney shall not be below the top of any adjacent wall and, in the case of a slopping roof, the top of the chimney shall not be less than 0.6 meters above the ridge thereof in which the chimney penetrates.

Rule - 68. Parapet.-

A parapet wall and guardrails shall be provided on the edge of any roof terrace or balcony and it shall not be more than 1.5 meters in height.

Rule - 69. Boundary wall.-

No boundary wall shall exceed 2 meter in height above the centerline of the road abutting to the plot, the solid portion of compound walls shall not exceed 1.5 meters in height. The foundation of boundary wall, below ground level, shall not encroach upon any adjacent land outside the plot area.

Rule - 70. Lighting and ventilation of room.-

(1)     Every habitable room, kitchen/staircase and bathroom or water closet shall have, for the admission of light and air one or more apparatuses, such as windows, glazed doors and fan lights, opening directly to the external/air or into an open verandah.

(2)     In any case where light 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 the latest provisions of section 1 of Lighting and Ventilation of part VIII on Building Services of the latest edition of the National Building Code of India:

Provided that the minimum aggregate area of the openings of habitable room and kitchens, excluding doors, shall in no case be less than one-tenth of the floor area.

(3)     No portion of any habitable room shall be assumed to be lighted if it is more than 7.5 meters from the opening assumed for lighting that portion.

(4)     The planning, design and installation of lighting and ventilation, electrical installations and fittings, air-conditioning and heating work, a caustics, sound insulations and noise control the number, type and installations of lifts and escalators shall be carried out in accordance with the provisions of building services of the latest edition of the National Electrical Code of India:

Provided that for electrical installation in respect of any buildings the provisions of the latest edition of the National Electrical Code and Indian Electricity Rules shall apply:

Provided further that the planning, design, construction and installation of water supply, drainage, sanitation and gas supply systems shall be in accordance with the provisions of planning services of the latest edition of National Code of India.

PART VII EXIT REQUIREMENTS OF BUILDINGS

Rule - 71. Definitions.-

In this Chapter unless the context otherwise requires, -

(a)      ''exit" means a passage, channel or means of access from any building, storey's or floor area to a street or other open space of safety and includes a vertical exit or a horizontal exit or an outside exit.

(i)       "vertical exit" means an exit used for ascension or dissension between two or more levels including stairways smoke proof, ramps, lifts, escalators and fire escapes,

(ii)      "horizontal exit" means a protected opening through or around a fire wall or a bridge connecting two buildings,

(iii)     outside exit" means an exit from the building to a street or to an open area leading to a street or to an enclosed fire resistive passage leading to a street;

(b)      "travel distance" means the distance from the exit of any premises on a floor of a building to a place of safety, be it a vertical exit, a horizontal exit or an outside exit, measured along the line of travel.

Rule - 72. Fire protection.-

Every building of more than 12.50 meter height and/or having covered area of more than 500 sqm shall be provided with adequate means of exit and all arrangement for protection in case of fire in accordance with the provisions contained in the latest version of National Building Code.

Rule - 73. General exit requirements.-

(1)     The following general requirements shall apply to exit:-

(a)      all exits shall be free from obstructions;

(b)      no building shall be altered so as to reduce the number, with or protection of exits to less than what is required under these Rules;

(c)      exits shall be clearly visible and routes to reach each exit shall be clearly marked;

(d)      all exits shall be properly illuminated;

(e)      fire-fighting equipments shall, where provided along exits, be suitably located and clearly marked so as not to obstruct the exit way and there shall be clear indication from either side of the exit;

(f)       alarm devices shall be installed to ensure prompt evacuation through exits;

(g)      all exits shall provide continuous means of access to the exterior of a building or to an exterior open leading to a street or means of access;

(h)     exits shall be so arranged that they may be reached without passing through another occupancy unit, except in the case of a building for residential and educational uses.

(2)     An exit may be a door-way, corridor, passage way to staircase, ramp or a verandah or terrace which has access to the street or to the roof of a building. An exit may also include a horizontal exit leading to building at the same level.

(3)     Lifts and escalators shall not be considered as exits.

(4)     All basements shall have a minimum of 2(two) exits.

Explanation - Ramps to the basement shall be considered as exits.

Rule - 74. Arrangements of exits.-

(1)     Exits shall be so located that the distance between 2(two) exits on the floor shall not exceed-

(a)      22.5 meters, in the case of a residential building or an educational building or institutional building or hazardous building; and

(b)  30 meters, in the case if an assembly building or a business building or a mercantile building or an industrial building or a storage building.

(2)     For floors with sprinklers, which are not part of requirements for the floor and occupancy, the distance in sub-Rule(1) may be increased by 50 percent.

(3)     The distance to an exit front the dead end of a corridor shall not exceed half the distance specified in sub-Rule(1), except in an educational building or an assembly building or an institutional building in which case it shall not exceed 6 meters.

(4)     Whenever more than one exit is required for any room space or floor of building, exits shall be placed as remote from each other as possible and shall be arranged to provide direct access in separate directions from any part in the area served.

Rule - 75. Requirements regarding staircase.-

All building referred to in Rule 72 shall be provided with such number of staircase as the ULB require. Under no circumstances, the number of staircases shall be less than 2(two) in the case of a building of more than 14.0(fourteen) meters in height and one of them shall be on the external face of the building.

Rule - 76. Minimum width provisions for staircase.-

The following provisions for minimum width for staircase(s) shall be made:-

(a)      for each stairway in a residential building having not more than 2(two) tenements per floor, the minimum width shall be -

(i)       0.90 metre in the case of a building having above 11 meters in height.

(ii)      1.05 meters in the case of a building having above 11 meters and up to 14.0 meters in height.

(iii)     1.25 meters for primary stairway in the case of building above 14.5 meters in height.

(b)      every additional tenements per floor to be served by the same staircase. The width of each stairway shall be increased by 0.15 meter, provided that for buildings constructed under the each of stairway shall not be less than 0.90 meter.

(c)      for each stairway in institutional or mercantile buildings, the minimum width shall be 2.0 meters;

(d)      for each stairway in educational or business or assembly buildings other than theatre, motion picture house, city hall, dance hall, auditorium, exhibition hall or similar other halls or such other places, the minimum width shall be 1.80 meters;

(e)      (i) for assembly buildings not included in clause (b) above, the minimum width of each stairways shall be 1.80 meters where not more than 300 persons are to be accommodated,

(ii) for the accommodation of more than 300 persons, the minimum width of stairway as at (a) above shall be increased by 0.30 meter for every additional 100 persons or part thereof over 300 persons,

(iii) notwithstanding anything contained in sub-clause(ii), instead of a single staircase, corridor or passageway of the width prescribed by the said sub-Rule, there may be two or more staircases, corridors or passageways as may be sufficient for the number of persons that can accommodated in the building, each having a width as prescribed in sub-Rule(i);

(f)       for all other buildings, the minimum width of each stairway shall be 1.50 meters;

(g)      the minimum width of a passage or corridor shall be as follows:-

(i)       for passage connecting vertical exits and the apartments/units, the width shall not be less than the width of each stairways specified in clause(a) to (e) except for mercantile business buildings and assembly buildings;

(ii)      for a passage within a apartment, the width shall not be less than 0.90 meter;

(iii)     for a passage giving access to shops in a mercantile building, the width shall not be less than 2 meters if the shops are on one side only, and 3 meters if the shops are on both sides;

(iv)    for a passage in a business building, the width shall not be less than 2.50 meters;

(v)      for a passage in an assembly building, the width shall not be less than that as derived under sub-clause(i),(ii) and (iii) of clause (e).

Rule - 77. Provisions for doors for an assembly room or hall.-

The doors of a room or a hall, where groups of people congregate or gather in any building, shall be made to open outside shall be affixed thereto. There shall be at least 2(two) such doors in every such room or hall if not more than 300 persons are intended to be accommodated therein and an additional door shall be provided for every 100 persons or part thereof in excess of 300 persons. The width of every such door shall not be less than 1.80 meters.

Rule - 78. Other requirements.-

In respect of matters relating to fire prevention and fire protection, for which provisions have not been made in this chapter, the provisions of the latest edition of the National Building Code and the latest edition of the National Electrical Code shall apply.

Rule - 79. Consultation with the director of fire services before granting permission to erect a building.-

No permission for erection, addition to or alteration of any building other than a building upto 12.50 meter in height and/or having covered area upto 500 sqm shall be granted unless the ULB in consultation with the Director, Fire Service of the Government of Tripura or any officer specially empowered by the Director, Fire Service for the purpose is satisfied about the provisions or means of exits and about the arrangements for protection against fire proposed for the building.

Rule - 79a.

(a)      Erection of Hoarding, Signboard etc.:-

No hoarding, signboard or any permanent/temporary structure to be used in commercial or other purposes in any building or attaching two or more buildings shall be allowed without the prior permission of the respective ULB.

Rule - 80. Requirements for special occupancies under any other law in force.-

Notwithstanding anything contained in these Rules a building shall comply with special requirements, if any, laid down in Factories Act, 1948 (63 of 1948) or in any other law for the time being in force in relation to such building.

PART VIII STRUCTURAL DESIGN

Rule - 81. Structural design.-

(1)     Structural design and safety

For any building under the jurisdiction of these regulations structural design/retrofitting shall only be carried out by an empanelled Structural Engineer. Proof checking of various designs/reports shall be carried out by competent authority as per Table at clause (e) below wherever applicable.

(a)      Additional provisions in building regulations/bye-laws for natural hazard prone areas Generally, the structural design of foundations, elements of masonry, timber, plain concrete, reinforced concrete, pre-stressed concrete and structural steel shall confirm to the provisions of Part 6: Structural Design -

Section - 1 Loads, Forces and Effects

Section - 2 Soils and Foundations,

Section - 3 Timber and Bamboos,

Section - 4 Masonry,

Section - 5 Concrete &

Section - 6 Steel

Section - 7 prefabrication System, building and Mixed/Composite Construction of National Building Code of India (NBC), taking into consideration the Indian Standards as amended up to date as given below:

For General Structural Safety

(1)     IS: 456:2000 "Code of Practice for Plain and Reinforced Concrete."

(2)     IS: 800-2007 "Code of Practice for General Construction in Steel."

(3)     IS: 801-1975 "Code of Practice for Use of Cold Formal Light Gauge Steel Structural Members in General Building Construction."

(4)     IS 875 (Part 2): 1987 Design loads (other than earthquake) for buildings and structures Part 2 Imposed Loads.

(Reference of Table 4.1- "Occupant Load" may be considered for design load)

(5)     IS 875 (Part 3): 1987 Design loads (other than earthquake) for buildings and structures Part 3 Wind Loads.

(6)     IS 875 (Part 4): 1987 Design loads (other than earthquake) for buildings and structures Part 4 Snow Loads.

(7)     IS 875 (Part 5): 1987 Design loads (other than earthquake) for buildings and structures Part 5 special loads and load combination.

(8)     IS: 883:1994 "Code of Practice for Design of Structural Timber in Building."

(9)     IS: 1904:1986 (R 2005) "Code of Practice for Design of Structural Safety of Buildings: Foundation"

(10)   IS: 1905:1987 (R 2005) "Code of Practice for Design of Structural Safety of Buildings: Masonry Walls"

(11)   IS 2911 (Part 1): Section 1: 2010 "Code of Practice for design and Construction of Pile Foundation Section 1

Part 1: Section 2 Bored Cast-in-situ Piles

Part 1: Section 3 Driven Precast Concrete Piles

Part 1: Section 4 Bored Precast Concrete Piles

Part 2: Timber Piles

Part 3: Under Reamed Piles

Part 4: Load Test on Piles

For Cyclone/Wind Storm Protection

(12)   IS 875 (3): 1987 "Code of Practice for Design Loads (other than Earthquake) for Buildings and Structures, Part 3, Wind Loads"

(13)   Guidelines (Based on IS 875 (3)-1987) for improving the Cyclonic Resistance of Low rise houses and other building.

For Earthquake Protection

(14)   IS: 1893 (Part I)- 2002 "Criteria for Earthquake Resistant Design of Structures (Fifth Revision)"

(15)   IS: 13920-1993 " Ductile Detailing of Reinforced Concrete Structures subjected to Seismic Forces - Code of Practice"

(16)   IS: 4326-2013 "Earthquake Resistant Design and Construction of Buildings - Code of Practice (Second Revision)"

(17)   IS: 13828-1993 "Improving Earthquake Resistance of Low Strength Masonry Buildings - Guidelines"

(18)   IS: 13827-1993 "Improving Earthquake Resistance of Earthen Buildings- Guidelines"

(19)   IS: 13935-2009 "Seismic Evaluation, Repair and Seismic Strengthening of Buildings - Guidelines"

For Protection of Landslide Hazard

(20)   IS 14458 (Part 1): 1998 Guidelines for retaining wall for hill area: Part 1 Selection of type of wall.

(21)   IS 14458 (Part 2): 1997 Guidelines for retaining wall for hill area: Part 2 Design of retaining/breast walls.

(22)   IS 14458 (Part 3): 1998 Guidelines for retaining wall for hill area: Part 3 Construction of dry stone walls.

(23)   IS 14496 (Part 2): 1998 Guidelines for preparation of landslide - Hazard zonation maps in mountainous terrains: Part 2 Macro-Zonation.

Note: Whenever an Indian Standard including those referred in the National Building Code or the National Building Code is referred, the latest revision of the same shall be followed except specific criteria if any, mentioned above against that code.

(b)      Structural Design Basis Report (SDBR)

In compliance of the design with the above Indian Standard, the empanelled Structural Engineer will submit a structural design basis report in the Proforma attached herewith covering the essential safety requirements specified in the standard.

The "Structural Design Basis Report (SDBR)" consists of four parts -

Part 1: General Information/Data

Part 2: Load bearing Masonry Buildings

Part 3: Reinforced Concrete Buildings

Part 4: Steel Buildings

                                                                                      (i)      Drawings and Documents to be submitted for approval of appropriate authorities shall include SDBR as detailed bow:

Part 1: Completed Part

2: (if applicable) - completed

Part 3: (if applicable) - undertaking that completed

Part 3 will be submitted before commencement of construction.

Part 4: (if applicable) - undertaking that completed Part 4 will be submitted before commencement of construction.

                                                                                     (ii)     SDBR as detailed below shall be submitted to the appropriate authority as soon as design of foundation is completed, but not later than one month prior to commencement of construction.

Part 1: Completed

Part 2: Part 3: Part 4 (if applicable) Completed

(c)      Seismic strengthening/retrofitting

Prior to seismic strengthening/retrofitting of any existing structure, evaluation of the existing structure as regards structural vulnerability in the specified wind/seismic hazard zone shall be carried out. If as per the evaluation the seismic resistance is assessed to be less than the specified minimum seismic resistance as given in the note below, action will be initiated to carry out the upgrading of the seismic resistance of the building as per applicable standard guidelines. Note:

(1)     For masonry building reference shall be made to IS 4326 and IS 13935

(2)     For concrete buildings and structures reference shall be made to IS 15988: 2013 Seismic evaluation and strengthening of existing RCC buildings.

(d)      Building with Soft Storey

In case of buildings with a flexible storeys, such as the ground storey consisting of open spaces for parking that is "Still building" or any other storey with open halls, special arrangements are to be made to increase the lateral strength and stiffness of the soft/open storey such as Steel bracing/Shear walls/Brick in fills between columns.

Dynamic analysis of building is to be carried out including the strength and stiffness effects of in fills and inelastic deformations in the members, particularly; those in the soft storey and the structural members are to be designed accordingly. Alternatively, the following design criteria are to be adopted after carrying out the earthquake analysis, neglecting the effect of infill walls in other storeys:

(a)      The column and beams of the soft storey shall be designed for 2.5 times the storey shears and moments, calculated under seismic loads specified in the other relevant clauses: or

(b)      Besides the columns designed and detailed for the calculated storey shears and moments, shears walls shall be placed symmetrically in both directions of the building as far away from the centre of the building as feasible; to be designed exclusively for 1.5 times the lateral storey shear force calculated as before. For details of design and provisions, IS 1893, Part 1 shall be referred.

(e)      Review of structural design

(i)       The Competent Authority shall review and suggest addendum to the certificate or a new certificate in case of subsequent changes in structural design.

(ii)      Table below gives requirements of empanelled Structural Engineer for different seismic zones namely III, IV and V and for structures of different complexities.

(iii)     In seismic Zone II, buildings & structures greater than 40m in height will require proof checking as per details at Sl. No. 3 of Table below.

Proof Checking Requirements for Structural Design

* SDBR - Structural Design Basis Report

Notes:

(1)     Table 4.1 may be referred for Occupant Load Live load for different building types.

(2)     At the preliminary proposal stage of a project, the objective is to undertake feasibility study comparison of a number of possible alternatives of structural schemes and determine the most cost effective one, detailed structural calculations are not necessary for each alternative scheme. However, it is conservative assumption it is possible to derive simplified calculations for analysis and design. This is called "

or appropriate analysis, and design"

After the most cost effective scheme is selected and signed-off by the Client, the detailed calculations are performed on the selected scheme to determine the precise structural members and composition (size, dimension and stress behavior), and this is called the "Detailed structural design".

In the aforesaid, the design of structural members is typically assumed to account for all the stress loads identified from section xx to be applicable in the given project

(3)     Special structure means large span structures as stadium, assembly halls, or tall structures such as water tanks. TV tower, chimney, etc.

(f)       Certification regarding structural safety in design

Empanelled Structural Engineer shall give a certificate of structural safety of design as per standard proforma.

(g)      Constructional safety

(i)       Supervision

All construction except load bearing building upto 3 storeys shall be carried out under supervision under empanelled Construction Engineer for various seismic zones.

(ii)      Certification of structural safety in construction

Empanelled Construction Engineer shall give a certificate of structural safety of construction at the time of completion.

(h)     Quality control and inspection

All material and workmanship shall be of good quality conforming generally to accepted standards of Public Works Department and Indian standard specification and codes as included in part-V Building Materials and Part-VII Construction practices and safety of National Building Code Of India.

(i)       Inspection

All the construction for high-rise buildings higher than seven storeys, public building and special structures shall be carried out under quality inspection program prepared and implemented under the empanelled Quality Auditor in seismic zones.

(ii)      Certification of safety in quality of construction

Empanelled Quality Auditor shall give a certificate of quality control. Quality Inspection Programme to be carried on the site shall be worked out by empanelled Quality Auditor in consultation with the owner, builder. Note: Section (g) and (h) shall not be applicable government buildings that are designed and constructed under the supervision of in house architect/engineer.

(i)       Control and signage & outdoor display structures, cellphone towers and telephone towers.

Following provisions shall apply for telecommunication infrastructure-

(a)      Location: The Telecommunication Infrastructure shall be either placed on the building roof tops or on the ground or open space within the premises subject to other regulations.

(b)      Type of Structure

                                                                                              (i)          Steel fabricated towers or antennae's on M.S. pole.

                                                                                             (ii)         Pre-fabricated shelters of fiber glass or P.V.C. on the building roof top/terrace for equipment.

                                                                                            (iii)         Masonry Structure/Shelter on the ground for equipment.

                                                                                            (iv)        D.G. set with sound proof cover to reduce the noise level.

(c)      Requirement:

                                                                                              (i)          Every applicant has to obtain/procure the necessary permission from the "Standing Advisory Committee on Radio Frequency Allocation" (SACFA) issued by Ministry of Telecommunication.

                                                                                             (ii)         Every applicant will have to produce the structural safety & stability certificate for the tower as well as the building from the empanelled Structural Engineer which shall be the liability of both owner and empanelled Structural Engineer. iii) Applicant has to produce/submit plans of structure to be erected. d) Projection: No pager and/or Telephone tower shall project beyond the existing building line of the building on which it is erected in any direction.

(2)     Structural requirements of low income housing

Notwithstanding anything contained herein, for the structural safety and services for development of low income housing, the relevant provision of applicable IS: 8888 part 1 shall be enforced along with Annex C of part 3 NBC.

(3)     Alternative Materials, Methods of Design and Construction and Tests

The provision of the Bye-Laws are not intended to prevent the use of any material or method of design or construction not specifically prescribed by the bye-law provided any such alternative has been approved. The building materials approved by B.I.S. or any statutory body will form part of the approved building material and technology as part of the Bye-Laws.

The Authority shall promote and encourage use of Pre-fabricated factory made building components for medium to large scale projects that have significant impact. The use of ready mix concrete (RMC) shall also be encouraged for in-situ concrete constructions.

(4)     While submitting the plan for Ground Floor/Basement floor of the building, the plan should clearly specify the height of the building for which foundation of the building has been designed and all relevant provisions of the Rules related to that designed height of the building should be followed from the beginning i.e. from Ground Floor/Basement floor of the building.

Rule - 82. Quality of materials and workmanship.-

All materials and workmanship shall be of good quality conforming generally to the accepted standards of the Public Works Department of the Government of Tripura or Indian Standard Specifications as indicated in part V on Building Materials and part VII on Constructional practices and safety of the latest edition of the National Building code of India.

Rule - 83. Alternative materials, method of design and construction.-

The ULB may approve any alternative material or method of design or construction if the competent authority of the ULB is satisfied that such alternative is satisfactory and conforms to the provisions of the relevant parts of the National Building Code of India regarding materials, method of design and construction and that materials, methods of design or work are for the purpose intended equivalent to those specified in the code in quality, strength, compatibility, effectiveness, fire and water resistance, durability and safety.

Rule - 84. Tests.-

Whenever there is insufficient evidence of compliance with the provisions of these Rules or there is evident that any claim for alternative materials, or design, the ULB may require tests to be made sufficiently in advance or require performance certificate from a body authorized by a state or central government, as proof of compliance and such tests shall be made at the expenses of the owner and in such manner as the ULB may direct.

PART IX BUILDING AND PLUMBING SERVICES

Rule - 85. Building services.-

(1)     The planning, design and installation of electrical fittings, air-conditioning and heating work, installation of lifts and escalators shall be carried out in accordance with the provisions of Lifts and Escalators on Building Services of the latest edition of the National Building Code of India. For electrical aspects of building services the provisions of the latest edition of National Electrical Code shall apply.

(2)     The number of types of lifts to be provided in educational building shall be as specified in the latest edition of National Building Code of India.

(3)     Electrical installation in respect of any building exceeding 14.5 (fourteen point five) meters in height shall conform to the provisions of the latest edition of National Electrical Code.

Rule - 86. Plumbing services.-

The planning, design, construction and installation of water supply, drainage and sanitation and gas supply system shall be in accordance with provisions of the Water Supply, Drainage and Sanitation, Gas supply on Plumbing Services of the latest edition of National Building Code of India. Septic tank, pits of pit privy shall be so located in a premises or holding, that the same is easily accessible from the means of access to the plot.

Rule - 87. Single and outdoors display structures.-

(1)     The construction of advertising signs and outdoor display structure shall be in accordance with the provisions of the latest edition of the National Building code of India.

(2)     Every building shall display in a prominent place on the front side, the premises number as assigned to it by the ULB and the street name, so as to be conveniently visible from the street.

PART- X SPECIAL PROVISION FOR ULBS IN THE HILL AREAS

Rule - 88. Special provision.-

(1)     Notwithstanding anything contained elsewhere in these Rules, the special provisions of this part shall apply only to the ULB in the hill areas or to supplementing, the other provisions elsewhere in this Rule in there application to those ULBs in the hill areas. Anything not covered under the special provisions shall be guided by the provision made elsewhere in this Rule or the Act.

(2)     For provisions not specifically covered in this part related provisions of other parts will apply.

Rule - 89. Power to relax rules.-

Notwithstanding anything contained in these Rules, a ULB or other concerned authorities may for reasons to be recorded in writing and with the previous approval of the State Government relax any provision of these Rules for dealing with a case in a just and equitable manner.

Rule - 90. Criteria of using a piece of land as building site.-

(1)     No piece of land shall be used as a building site unless the ULB is satisfied that -

(a)      land record is in conformity with the proposed construction keeping in view specified land use, if any;

(b)      the site of such building abuts an all weather public street, a projected public street or a private street/footpath, passage and is not less than 1.50 meters wide at any part, duly sanctioned and constructed and recorded in the Books of ULB in accordance with the provisions of the Act or any other law in force immediately before the commencement of the Act:

Provided that, no building shall be erected so as to deprive any other building or buildings site of the means of access as specified above;

(c)      the site is at least 100 sq. meters in area for residential purposes and 40.0 sq.m in area for other than residential purposes.

(d)      the land is capable of being well drained by means of drainage facilities leading to the existing Public drainage, channel or natural jhora;

(e)      the site is reasonably secured from danger from hillside slips from above, below, or the sides;

(f)       the soil of the site is likely to sustain the construction of a building thereon; and for sites with inclinations of 30ø and above or proposed building above 6.5 meters in height or 500 sq. meters in coverage, such sustainability shall be justified, at the cost of applicant, by prior testing of soil and certification of stability of slopes and buildings conforming to the latest relevant codes of Bureau of Indian Standards including

IS 12070: IS Code of practice for design and construction of shallow foundation on rock. IS 13063:

IS Code of practice for structural safety of building on shallow foundation on rock.

IS 14243 (Part I & II): Selection and development of site in hill areas guidelines; in addition to other relevant Indian Standards.

A competent geo-technical engineering organization or firm, recognized by the ULB, shall carry out detailed geo-technical investigations, testing and certification in such cases.

Explanation: Soil will also include rocks, boulders laterite etc.

(g)      the site does not contain any portion which forms a component of the open spaces prescribed under the regulation for any other building site thereof.

(h)     (i) no part of the land is located within 200 meters from the boundary of a sinking or probable slip zone, designated in a meeting by the ULB.

(ii) within an area of distress or possible unequal settlements with wide fissures, regular cracks, faults, voids, rock, debris or landslides caused by subsidence or crosion, filling and disposal or organic materials, or;

(iii) it is located within an area showing high water table and fully saturated soil with a possibility of liquefaction and settlement on exposure to earthquakes or of water seepage in the foundations and crosion, or

(iv) any other vulnerable area identified by the ULB as unsafe for environmental, geological, wind, drainage or any other reasons;

(i)       no piece of land is located within five meters in any direction of the outside edge of such water courses;

(j)       adequate drainage measurement and protection work as specified in Rules shall be taken by the applicant at his own cost if it is located on the permanent shadow zones of ridges and spurs, at the bottom of the valleys or gorges or located by nature of its orientation in a zone as identified by the ULB to be inadequately sunlit so as to make it unfit human habitation, if any;

(k)      the side has not been subject to repeated blasting or, was a former quarry;

(l)       where the side is within 5.0 (five) meters of any side of a tank, the owner will take such measures as well prevent any risk of the drainage from such building passing into the tank;

(m)    where the site is within 5.0(five) meters of any side of a tank, water reservoir, jhora/natural spring, water source or natural drain or within 2.0(two) meters from either side of water pipe, sewer line and/or other such underground utilities, the owner shall take such measures at his own cost, which shall prevent any risk of damage and/or landslide thereto by construction of such buildings. The distance shall be measured from outside edge of the jhora/drain/pipeline etc. as the case may be taken by the owner, at his own cost if the side is within 30 meters of jhora;

(n)     no piece of land shall be used as building site if it is located on the permanent shadow zones of ridges and spurs at the bottom of the valleys or gorges or located by the natural or its orientation in a zone as identified by ULB to be inadequately sunlit so as to make it unfit for human habitation.

(2)     No piece of land located in central business area as determined by the ULB or in sinking zone or areas of distress with cracks caused by subsidence and/or slides or any other areas identified by ULB with reasons to be recorded in writing, shall be used as a building site without prior approval of the State Government.

(3)     No piece of land where a closed, sick or other industry was located or is in operation, shall be used as site for construction of any building, other than an industrial building, without the prior approval of the competent authority.

Rule - 91. Application for approval of sites and for permission to construct or reconstruct building other than huts.-

(1)     Before submission of the building plan, approval of the building site has to be obtained.

However, the applicant may simultaneously submit the site plan and building plan to the ULB for approval at his own risk and cost. But the ULB shall consider the building plan submitted for approval only after the site plan is approved. In case the site is not approved, the submitted building plan shall also be treated as not approved.

(2)     Every application, specified in sub-Rule(1) submitted in Form A, shall state inter alias the proposed use of the land as per use group provided in this Rules.

(3)     Every application, specified sub-Rule(1) shall be accompanied by a site plan in triplicate and the reports/recommendations of tests for soil and stability of slopes, as and where applicable under Rule 90 and a fee as may be determined by the ULB. The site plan shall be drawn to scale of not less than 1(one) centimeter to 6.0(six) meters and shall be signed by the applicant and by the licensed Building Planner or Architect as required under Rule 94 with a certificate to the effect that the site has been inspected personally by the Licensed Building Planner or the Architect, as the case may be.

(4)     Every site plan specified in sub-Rule(3) shall show or state on the body of the sheet showing the site plan the following:

(a)      the boundaries of the site and of the owner thereof with number assigned to plot/premises;

(b)      the position of the site in relation to neighboring streets with dimensions;

(c)      the name of the street on which the site abuts;

(d)      the position of the building and of all other buildings including existing buildings (if any) which the applicant intends to erect upon his contiguous and referred to in clause (a) in relation to-

                                              (i)          the boundaries of the site and, in case where the site has been sub-divided, the boundaries of the portion owned by the applicant and also the portions owned by other owners, and

                                             (ii)         all adjacent streets, buildings and premises within a distance of 12.00 meters of the site and of the continuous land (if any) referred to in clause(a);

(e)      the use or occupancy of all the buildings;

(f)       the direction of North point;

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

(h)     the schematic position and approximate height and the number of the storeys of all other buildings within 12.0 meters from each side of the site;

(i)       the free passage or way in front of the building;

(j)       the width of the street (if any)in front and at the rear of the building ;

(k)      the means of drainage of the proposed building leading to existing public drains or drainage channels with their location in relation to the site;

(l)       the means of drinking water supply to the proposed building indicating the source and the distance from the site including the route through which the pipeline will be laid, if piped water supply will be achieved;

(m)    the means of power supply to the proposed building on the site, indicating the route through which power supply will be achieved;

(n)     areas of distress;

(o)      such other particulars as may be specified by the ULB;

(p)      the location of power line, water line, sewer line, natural drainage channel/jhora, road side drain, protective works;

(q)      location of land slides, if any on or near the site in hill areas detected during reconnaissance. The ULB shall come to ensure that the site is away from the slide zone or area of distress;

(r)      on a sloping site in hill areas, proposals, for diversion of the natural flow of water coming from uphill side of the building away from the foundation.

Rule - 92. Sub-division of plots.-

(1)     No sub-division of any plot within the ULB area shall be undertaken without prior approval of the respective ULB. (2) Generally -

(a)      a plot to be sub-divided shall be treated as mother plot;

(b)      sub-division shall not be allowed if the mother plot abuts an all weather means of access having a width of less than 2.00 meters for plots having area less than 500 sq. meters and width not less than 3.0 meters for plot having area more than 500 sq. meters, provided that an emergency vehicular access (min. 3 m wide) shall be available within a distance of 50 meter from the mother plot;

(c)      every individual plot obtained by sub-division of the mother plot shall abut a means of access having width of not less than 2.00 meters;

(d)      these Rules shall not apply to a scheme for Economically Weaker Section and Low Income Group Housing approved by the Government;

(e)      sub-division may be allowed on the condition that the following facilities shall be provided by the owner at his own cost to the satisfaction of the ULB;

                                              (i)          complete drainage facilities in accordance with provisions made elsewhere for the hill areas, ensuring drainage of such individual plot and of the means of access and passages leading to existing public drains or natural drains or natural drainage channels,

                                             (ii)         all weather means of access with related protective works, if necessary along with street lighting,

                                            (iii)         sanitary facilities including sewage and garbage disposal facilities,

                                            (iv)        water supply facilities,

                                             (v)         electricity and electrification facilities,

                                            (vi)        all individual plots as well as the means of access and infrastructure provided shall be accompanied by complete protective measures in accordance with provisions made elsewhere for hill areas in these Rules.

(f)       no permission for sub-division of a plot of land shall be granted unless each sub-divided plot is at least 100 sq. meters in area in residential buildings and 40.0 sq. m for other than residential building;

(g)      no sub-division of plot shall be granted unless a detailed layout plan or the area proposal to be sub-divided is submitted before the ULB duly integrating the site layout plan with the general use of the land in the adjoining areas. The existing street pattern as also other physical infrastructural 'facilities' like drainage, sewerage, water supply, electric supply with location of high tension or low tension electric line with poles are also required to be shown.

(2)     The mother plot shall abut an all weather means of access conforming to the conditions specifies below:

(a)      the means of access shall have a width of not less than 2.0 meters, for plots having an area less than 500 sq. meters and a width not less than 3.0 meters for plots having area more than 500 sq. meters:

provided than an emergency vehicular access (min. 3 m wide) shall be available within a distance of 100 m from the mother plot;

(b)      the minimum permissible width for any given length of means of access for sub-divided plots shall be as given in the following table:

Moreover, each such space in a single parcel shall have minimum area of 150 square meters and a minimum width of not less than 3.00 meters; and each such open space shall abut a means of access as specified in sub-Rule (3) of this Rule.

(3)     For mother plots measuring more than 5000.00 sq. meters in area, sub-division may be allowed if an additional 5(five) percent of the total area of mother plot is reserved for use for facilities like school, health centre, market, police outpost, milk booth, post office, power sub-station, transport terminal, water tank for fire fighting/water treatment plant and the like, such land abut a means of access as specified in this Rules. This is in addition to land necessary for means of access as specified in sub-Rule (3) and for public amenities and open spaces specified in this Rules.

Rule - 93. Preparation of plan and supervision of execution of work.-

(1)     Every owner who intends to erect, re-erect, add to or alter any building shall get its plan prepared and structural work designed and supervised by an Architect/Structural Engineer/Licensed Building Planner as required under Rule 94, while submitting the plan the Architect/Licensed Building Planner/Structural Engineer should certify to the effect that site has been personally inspected while planning for building and/or designing the structural members, as well as has taken into account the findings and/or recommendations of stability analysis as well as soil tests performed as and when necessary under this Rule.

(2)     In all such cases, the Licensed Building Planner/structural Engineer or Geo-technical Engineer shall have to be empanelled with the ULB.

(3)     The name, address and license or empanelment number of the persons so employed and serial number in the case of Architect shall be stated in the application in respect of such building.

(4)     In case of building plans/site plan submitted by Central or State Government or by organization controlled by Central or State Government, if the plans are prepared and submitted under the signature of the Government Engineer or architect, who are employees of the applicant organization, the Rule 93(1) shall be applicable.

Rule - 94. Engagement of technical personnel.-

(1)     Every person who intends to erect, re-erect, add to or alter any building shall, subject to the provisions of the Act and these Rules, engage -

(a)      for all buildings up to 4.50 meters in height, a technical person having a diploma in Civil Engineering/Architect with at least 2 years experiences and having the rank of a licensed Building Planner for planning, design and construction of the building foundation and superstructure and for all buildings above 4.50 meters but below 8.00 meters in height and/or erection involving piling works, deep foundation or construction of basement or any other underground structure thereto, a licensed Building Planner having a degree in Civil Engineering/Architect with at least 2 years experiences and/or an Architect and a Structural Engineer and a Geo-technical Engineer for conducting soil and other tests as required under Rule 93(1), planning, design and construction of the building foundation and superstructure for all other buildings above the height of 8.00 mts. but below 14.00 mts. in height.

(b)      A licensed Building Planner shall have -

                                              (i)          a degree in Civil Engineering or Architecture from a recognized university or its equivalent qualification recognized by the Government and shall not have less than 2(two) years experience in planning, design and execution of building works including sanitary and plumbing works related to building under similar geo-technical conditions, or

                                             (ii)         a diploma in Civil Engineering or Architecture from a recognized university or its equivalent qualification recognized by the Government and shall not have less than 5(five) years experience in planning, design and execution of building works including sanitation and plumbing works related to buildings under similar Geo-technical conditions;

(c)      a Structural Engineer must have a Degree in Civil Engineering from a recognized university or its equivalent with at least 5(five) years experience (including two years in hill areas) in structural design;

(d)      a Geo-technical Engineer must have a degree in civil engineering from a recognized university or its equivalent with at least 2(two) year experience in soil and foundation engineering under identical soil/slope/geo-technical conditions.

(2)     The Licensed Building Planner, the Architect, the Structural Engineer and the Geo-technical Engineer will work in association with one another and will be individually and/or collectively responsible for ensuring the safety of the building structure and its foundation.

(3)     The Licensed Building Planner, Structural Engineer or a Geo-technical Engineer is also required to be empanelled with the ULB.

(4)     In case of death, resignation removal of Licensed Building Planner, Architect, Structural Engineer, Geo-technical Engineer or, as the case may be a fresh engagement shall he made forthwith and shall be notified to the Mayor/Chairman of the ULB. No work shall be carried out in the intervening period, if any.

(5)     The validity of any engagement made under this Rule shall lapse, in the case of an Architect with lapse of validity of registration granted under the Architect's Act, 1972(20 a 1972) or in case of a Structural Engineer and a Geo-technical Engineer with the lapse of empanelment, or in the case of a Licensed Building Planner, with lapse of the validity of license.

Rule - 95. Permissible height of building.-

(1)     (a) The following appurtenant structures shall not be included in the height of the building:

                              (i)          stair cover not exceeding 2.40 meters in height;

                             (ii)         lift machine rooms as per the latest edition of the National Building Code;

                            (iii)         roof tanks and their supports, the height of support not exceeding 1.50 meters;

                            (iv)        chimneys;

                             (v)         parapet walls not exceeding 1.50 meters in height;

                            (vi)        ventilating, air-conditioning and other service equipments;

1.        height above mid-point between eaves level and ridge level.

(b) The aggregate area of the structures mentioned in clause (a) (except (vi) shall not exceed one-third of the area of the roof upon which these are erected.

(2)     The maximum permissible height of a building as well as its permissible floor area shall be regulated by the width of the surrounding open space in the same holding plus the width of its means of access, depending on the type of building use as per the table below:

Provided that in case a building is more than 14.00 meters in height prior approval of the State Government is required to be obtained.

For building of residential (excluding a height of 4.5 meters), commercial, public and other uses the means of access of at least 3 meter wide should be available within a distance of 100 meters of foot-path length from the proposed plot.

(3)     The ULB may, if necessary, restrict the height of building in any area within the municipal limits, below that provided above for reasons to be recorded in writing.

Rule - 96. Ground coverage.-

The maximum permissible ground coverage for buildings when a single building is proposed for a plot shall be regulated by the plot size, depending on the type of building use as given in the table below:

 

Rule - 97. Open spaces for building.-

(1)     Generally-

(a)      every room intended for human habitation shall abut an interior or exterior open space or an open verandah open to such interior or exterior open space. Open spaces shall be areas forming integral parts of the plot at ground level and shall be open to sky without any projection or overhang excepting cornices, chajja or weather-shades of not more than 0.50 meter width;

(b)      every building shall have exterior open sprees comprising front open space, and side open spaces. The minimum width prescribed for front open space, rear open space and side spaces shall be provided along the entire front, rear and side faces of the building respectively. For this purpose the front of the building shall be that face of the building which faces the means of access of the building and the rear of the building is that face of the building which is farthest from the means of access. These provisions shall also be applicable to each individual building separately when a plot contains more then one building. In the case of a corner plot located at the crossing of more than one street or passage, the rear of the building shall be deemed to be that face of the building, which is farthest from the widest of all such streets and/or passages;

(c)      open spaces prescribing to one site cannot be taken for another site. No building shall at any time be erected on any open space prescribed in these Rules for a building and from part of the site thereof, nor shall such open space be taken into account in determining the area of any open space required under these Rules for any other building.

(d)      If the front open space is 3.00 meters or more in width a Gate Gomti for security purpose may be allowed in the said open space. The covered area of such Gomti shall not in any case exceed 3.00 sq. m. and the height of such Gomti shall not exceed 3.00 meters. The covered area of the Gate Gomti shall not be included in calculation of ground coverage.

(2)     The minimum front, rear and side open spaces shall be provided along the entire faces/sites of the building as given in the table below:

Provided that the minimum clearance, on all the sides between a building wall and the toe of a retaining or other protective wall shall be 1.50 meters, except on the side where the septic tank shall be installed, in which case, the minimum clear distance of 2.1 meters shall be provided:

provided further that for mixed use buildings, the minimum front open space shall be the one applicable for that particular occupancy which gives the provision of the minimum front open space in these Rules, provided that for a building more than 11.00 meters in height the Minimum open spaces provided in sub-Rule(2) above shall be increased by 0.3 meter in all cases.

(3)     Notwithstanding anything contained elsewhere in this Rule in the case of a building with a septic tank, a side open space of 2.1 meters shall be provided on any one side of the building for the provision of the said septic tank.

(4)     In the case of a building more than 25.0 meters in depth, a passage of width not less than 3.5 meters shall be provided along the entire depth of the building.

(5)     For plots of size not more than 65(sixty five) sq. meters minimum side space of 0.90 meter may be allowed on each side provided the building height does not exceed 6.5 meters -

(a)      notwithstanding anything contained in this Rule, the minimum distance across the side open space from every new building to an existing building with a door or window opening shall be 1.80 meters;

(b)      notwithstanding anything contained in this Rule the minimum width of side open space for an industrial or storage or mercantile (wholesale) building shall be 3.50 meters;

(c)      in the case of a building more than 24.00 meters in depth on a plot abutting any street a passage along the side depth of the building shall be provided and the minimum width of such passage shall be 4.0 meters.

(6)     The interior open space shall be as follows:-

(a)      For inner courtyard -

in case the whole of 1(one) side or part of at least 2(two) sides of every room excepting bath, water closets and store-room is not abutting either the front, rear or side open spaces, it shall abut an inner courtyard whose minimum width shall be 30% of the height of the building or 3.00 meters whichever is more.

(b)      for ventilation shaft, that is to say -

for ventilating water closet bath room and kitchen such water closet or bath room or kitchen if not opening to front side, rear or interior open space, shall open on to a ventilation shaft, the size of which shall not be less than the values given below:-

Note: No chajja shall be allowed in the ventilation shaft unless the width of shaft is 2.40 meters or more.

(c)      the minimum width shall not be less than 20% of the height of the building or 2.50 meters, which ever is more.

(7)     The service rooms shall have access by means of 2(two) passages of staircases, providing access and exit from higher and lower level floors, the width of which shall not be less than 1.2 meters and the slope shall not be steeper than one 1:1 and so located that the travel distance on any floor up to any such access or exit is not more than 15.0 meters.

(8)     Mezzanines are to be used strictly for purposes other than habitation or kitchens and eating places and may be provided between any 2(two) floor shall be permitted with a minimum clear height at every part of at least 2.0 meters measured from the floor to the lower most point on the underside of the roof, slab, beam or false ceiling. The area of such mezzanines shall be included in floor area in all calculations.

Rule - 98. Access, circulation and parking.-

(1)     Every plot shall abut a means of access which may be a public street or private street or passage, the minimum width of which shall be as specified in this Rule.

(2)     Any building which in full or part is put to assembly occupancy for the purpose of theatre, motion picture house, city hall, skating-rink, auditorium, exhibition hall or for similar other purposes shall not be allowed on a plot located within 50 meters of the junction of 2(two) streets, the width of each of which shall be a minimum of 8.0 meters.

(3)     Every building on a plot having more than one building shall abut an internal road connecting the means of access of the plot and such roads shall conform to the requirements of internal roads specified in Rule 52(1).

In case of a plot having more than one building or use, parking requirements shall be calculated according to the proportionate floor area of each building or use group, as the case may be.

(4)     For plots abutting non-vehicular means of access less than 3.0 meters in width, car parking space need not be provided within the plot area but space with vehicular access has to be identified and owned by applicant for the required parking/garage space, as per this Rule.

(5)     The parking space for each vehicle shall be accessible from the means of access, either directly or through a driveway or internal circulation, aisle, the width of which shall not be less than 3.5 meters for cars and 5.0 meters for trucks and the gradient of which shall not be more than 1:6.

(6)     The minimum size of a car parking space shall be 2.50 meters x 5.00 meters and that for a truck or bus parking space shall be 3.75 metre x 10.00 meters. These spaces do not include the area of circulation, internal roads, aisles and driveways, and standards for those shall be guided by provisions in the National Building Code.

(7)     No garage for car shall be less than 2.5 meters x 5.00 meters (clear size) with a minimum head room of 2.0 meters and no garage for truck shall be less than 3.75 meters x 10.00 meters (clear size) with a minimum head room of 3.50 meters.

(8)     (a) An internal road must be so constructed as to have a slope inwards/towards the hillside. Such slope must be not less than the gradient of the road;

(b) where required, the inner and outer edges of an internal road must be protected by protective walls of such number and placed in such positions as the ULB may direct and constructed in accordance with the specifications in this Rule

Rule - 99. Drainage measures.-

(1)     (a) An open drain must be provided on the inner side of an internal road constructed in accordance with the specifications in Rule 98.

(b) an effective slope and drainage system shall be maintained at all times on the developed ground after slope cutting or filling, during and after development as per this Rules on any side;

(c) the drainage system shall efficiently collect and carry away from the site, the water collected within the premises or the building complex or from the hillside above, fix suitable disposal as quickly an possible to water courses such) as main drains or natural streams/jhoras without stagnation, avoiding any possibility or erosion, slope failure, damage to the building or other property in the vicinity.

(2)     (a) proper slops not less than 1: 60 shall be maintained all around a building for quick drainage of the entire plot as provided in Rules 90(1) (d) and 98.

The possibilities of erosion or ground failure through ingress and percolation of water into soft ground or through joints and fissures in the soil crust shall be prevented by suitable surface protection measures such as surface grouting, stone pitching, planting of small plant and grass, so as to protect and make the surface impervious in accordance with the provisions of the BIS Code, specially the minimum distance from provision required to be maintained for planting trees;

(b) the flow of water, particularly on the upper side of the building, shall be diverted away from the foundations through suitable lined or unlined drains;

(c) drains for sullage/rain water must be constructed with round or half-round tiles embedded in concrete, or with U-shaped stone masonry set in lime mortar and plastered over the inner surface with Portland cement or with U-shaped stone concrete and the sectional area of every drain shall be subject to the approval of the ULB.

(d) drains for surface water only may be constructed either of dry rubble masonry or of any other material approved by the ULB and may be either rectangular or U-shaped in section. Such drains shall not be connected with any drain carrying sullage water or sewage;

(e) except with the written permission of the ULB no covered drain shall be constructed and no existing open drain shall be covered in;

(f) no building shall be placed cover any drain;

(g) where a small drain is crossed by a private road, a removable, R.C.C. slab cover or wooden or iron grating, if the ULB so direct, must be laid over the drain, instead of covered culvert;

(h) drains must discharge into the nearest water channel or public drain, unless in any case the ULB otherwise direct, The outfall of a drain into a water channel or public drain must be protected and guided in such manner as ULB may direct. Where the drain of a private road joins the drain of a public road, the former drain must be so directed or so protected by strike boards as to minimize the risk of damage to the public drain or road.

Filters may also be provided where necessary;

(i) every building must be constructed so as not to project over, or admit of water from the roof falling upon or damaging, any open space, road or passage it abuts, whether public or private;

(j) every building shall have rain water gutters and pipes connected to a drain, along the periphery of a building;

(k) a masonry drain must be placed round the periphery of every building or block of buildings, sufficient in section and slope to the satisfaction of the ULB for the effectual of the building and placed as to admit of the drainage being led into some drain at the time existing or projected;

(l) the surrounding round adjacent to the building must be sloped from all sides towards the perimeter drain and an impervious apron, not less than 0.75 m. wide shall be provided all around the building to prevent the entry of water into the foundations.

(3)     (a) Septic tank and soak pits shall also be so located so as to be easily accessible from the means of access to the plot.

(b) Soak pits shall be constructed on the side of buildings as far as possible, at right angles to the slope of the land and as far as possible from the building foundations. There shall be a minimum clearance of 2.1 meters between the foundation and the soak pit to minimize the chances of dampness and slope failures due to seepage from the soak pit.

(4)     (a) A private bridge must be constructed as and where necessary to the satisfaction of the ULB so as to leave sufficient waterway to pass the maximum discharge of the channel spanned by the bridge.

(b) The invert of the channel under a private bridge must, as far as practicable, be laid to the same slope as that of the channel.

(c) When a pocket for the deposit of debris is cut in the hillside above a private bridge, it must be lined with masonry walls unless, if constructed on solid rock.

Rule - 100. Protective work in hills.-

(1)     The cutting of slopes in the creation of steps and terraces for development work shall be carried out while ensuring the stability of excavations to provide for the safety of the buildings located and constructed thereon in accordance with the provisions in the BIS Codes.

(2)     Local ground conditions shall be taken into account in the determination of the appropriate precautionary work and protection walls such as revetments, retaining walls, toe walls and breast walls as well as the specifications of the latest relevant codes of practice of the Bureau of Indian Standards including:-

IS 14243 - part I & II: Selection and development of site for building in hill areas guidelines.

(3)     The maximum height of cutting for development work as per soil strata shall be as given below:

Cutting of slopes over a height of 6.0 meters shall not be ordinarily permitted, excepting with the special approval of the ULB.

(4)     (i) The foundation of every protection wall must be taken down to original and firm soil or rock, have a bed line cut at right angles with the face of the wall and a slope of 3: 1 towards the hillside;

(ii)(a) where a protection wall does not exceed 6.0 meters in height and is not surcharged the mean of thickness of the revetment of wall above the footings shall not be less than one-third of the vertical height of the revetment of wall, measured from the top of the footings,

(b) where a protection wall does not exceed 6.0 meters in height and is surcharged, the height assumed, for the determination of mean thickness of the revetment or wall above the footings, shall be one and a half times the actual vertical height:

Provided that the width at the top shall in no case be less than 0.5 meters and shall not in any case exceed 1.0 meter,

(c) no structure shall be allowed to be raised from the top of the retaining/protective walls.

(iii) (a) a protective wall may be of dry rubble masonry, or cement masonry as per the directions of the ULB.

(b) dry stone masonry protection walls shall include cement masonry bands, in 1: 4 cement sand mortar 0.4 to 0.6 meter thick, at top and bottom and vertically at 3.0 to 5.0 meters spacing,

(c) no stone used shall be of greater height than its length or breath, all stones used must be laid on their natural beds, and must be arranged so as to break joint as far as may be possible,

(d) every protection wall must be built up solid to full section and sprawls or chips shall not be used for filling the courses unless their use is unavoidable;

(iv) one though bonding stone or line of bonding stones must be inserted at intervals at 1.50 meters in each course, and at points intermediate between the corresponding bonding stones of the course show:

any of the bonding stones, which do not extend right through the wall, must overlap each other for one-third of their length.

(v)     (a) special investigations and analysis shall be carried out to determine the details of protection works in the case of R.C.C. retaining walls or protection walls on steep cut slopes greater than 6.0 meters in height, or in case of fine soils like silt, clay or shales,

(b) in all such cases, detailed designs must be submitted to the Local Body and the sections must be such as the ULB may approve,

(c) protection walls of height more than 6.00 meters and successive retaining walls, shall only be permitted when there is hard stable rock behind and below the toe of the said wall, as permissible under relevant BIS codes of practice;

(vi) the height of cutting for any step of a stepped building shall not be more than 4 m and successive protection walls shall only be permitted when there is hard stable rock behind and below the toe of every such walls;

(vii)     (a) weep-holes shall be provided in breast walls and retaining walls equipped with graded filter for proper drainage at intervals of 1.2 meters horizontally and 1.2 meters vertically, in staggered manner and beginning from 0.20 meter above ground level.

(b) water along the base of a breast wall and retaining wall shall be drained out by means of a suitable lined drain forming an integral part of the drainage system as specified in Rule

(viii) when, a slope is determined to be vulnerable to a debris slide in pursuance of any requisition or direction made or given by the ULB, the angle of a slope shall be reduced to an angle of not more then 30ø to the horizontal plane through trimming or cutting to make the slopes stable along with minor protection both for soil and building work.

Any barren surfaces above a cut slope shall be planted with selected varieties of light but deep rooted bushes, shrubs and grass to cheek soil erosion and improve the stability of the slope, in pursuance of any requisition or direction made or given by the ULB.

Rule - 101. Special conditions.-

(1)     Additions to existing buildings shall only be permitted in the case of structurally sound structures with a record of the complete details pertaining to the soil stability materials and system of construction.

(b) the total floor area, height and ground coverage after addition to an existing building shall not exceed the provisions of maximum permissible floor area, height and open space as per the criteria specified in this Rule and other relevant Rules, while the additions to an existing building shall further conform to the provisions for front, rear and side setback as specified in these Rules.

(2)     In the case of multiple buildings in a plot, open space shall be set aside as specified in for the purpose of public and community activity, in addition to the provisions for open space and for providing the means of access as specified in this Rule.

(3)     Every building erected or re-erected, must have such structural and architectural features as to prevent the building being in the opinion of the ULB unsightly or unsuitable to its surroundings.

Furthermore, if the roof or walls of any building is, in the opinion of Local Body is in an unsightly condition they may, by written order direct the owner to repair, paint or colour-wash such part of the building as they may direct within the period specified in the order.

(4)     The foundations of all buildings, parts must rest on solid ground or rock and have width and depth suitably designed, according to the distribution of the soil and hard rock strata in different parts of the foundation, and have dimensions worked out as per the permissible safe bearing capacity and other consideration in accordance with relevant Codes of practice of BIS. The depth below the ground level shall not be less than 2.00 meters in the case of R.C.C. column footings and 1:2 meters in the case of all foundations.

(5)     Every building or part thereof shall have continuous foundation walls, extending below ground level as specified. All openings in such walls or in floors, walls, windows and drains and all junctions between building parts shall be tightly closed or effectively secured with pest proof screening materials as approved by the ULB.

(6)     The party-walls of a masonry or framed building or the end wall of a Ferroconcrete building must be built of stone or brick bedded in lime or cement mortar for their full height and if the ULB so direct, must be carried up of a thickness of not less than 0.25 meter, above the roof, flat or gutter to such a height as will give a distance of at least 0.5 meters measured at right angles to the slope of the roof above the highest part of the roof flat or gutter.

(7)     (a) Individual columns of all R.C.C. framed building, in the case of stepped foundations, shall be interconnected in 2(two) directions, generally at right angles, by R.C.C. beams at the footing level, designed in accordance with the latest edition of BIS Codes of practice;

(b) individual columns of all R.C.C. framed buildings as well as all external and internal walls of a load bearing structure, shall be interconnected in 2(two) directions generally at right angles, by R.C.C. beams at plinth level, adequately designed in accordance with BIS Codes of practice;

(c) there shall be adequately designed R.C.C. lintel bands in all external and internal brick and stone masonry walls at vertical intervals not more than 0.9 meter. These shall be continuous and connected to each other at the same level in the case of all load bearing walls and tied to the columns in case of R.C.C. framed structure.

(8)     No building shall be altered so as to reduce the number, width or location of exist to less than what is required under the criteria specified in this Rules.

(9)     If any car parking space is required to be provided under the criteria specified in this Rules and no such car parking space can be provided in such existing building, the floor area allowable under the provisions of these Rules shall be reduced by the area required for such car parking spaces which cannot be provided for in the said building.

(10)   No building shall be erected or re-erected in any locality if the ULB at a meeting, records in writing that the proposed construction, either by reason of the nature of its construction and location or by reason of the uses to which it is intended to be put, is likely to affect in any substantial degree prejudicially any existing building, in the locality by reducing its market value or by diminishing any advantage it enjoys on account of its situation or otherwise.

(11)   The ULB may decide the widths of buffer zone upslope and down slope of National Highways and State Highways where no new construction or addition/alteration to any existing structures or change of use will be allowed.

(12)   The minimum widths for corridors within the building shall be as follows:

 

PART XI HERITAGE BUILDING

Rule - 102. Preservation and conservation of heritage buildings.-

(1)     Every owner or occupier of any heritage building declared as such by the ULB shall maintain, preserve and conserve it and shall not change its use in contravention of the provisions of these Rules or the regulations made there under for its maintenance, preservation or conservation.

Explanation I.- The word "maintain", with its grammatical variations and cognate expressions, shall include fencing covering, repairing, restoring or cleansing or doing of any act which may be necessary for the purpose of preserving or conserving, of or securing convenient access to, a heritage building.

Explanation II. - "Owner" shall, notwithstanding anything contained elsewhere in the Act include, for the purposes of this chapter -

(a)      a joint owner of a heritage building vested with the power of management thereof on behalf of himself and any other joint owner, or successor in-title of any such joint owner, or

(b)      a manager or trustee, vested with the power of management of a heritage building or successor- in-office of such manager or trustee.

(2)     Where the ULB on the recommendation of the Heritage Conservation Committee and also the Mayor/Chairperson of the ULB is of the opinion that any building in the ULB should be preserved and conserved for historical architectural, environmental, cultural and ecological purpose, it may declare such building as a heritage building;

provided that during the period when any proposal for declaring any building as a heritage building under consideration of the Heritage Conservation Committee or the Mayor/Chairperson of the ULB, no owner of such building or no lessee or sub-lessee to whom such building has been leased out, shall transfer such building by way of sale, lease or mortgage without prior approval of the Mayor/Chairperson of the ULB.

(3)     The Mayor/Chairperson of the ULB shall constitute a Committee to be called the Heritage Conservation Committee with the Mayor/Chairperson of the ULB as its Chairman and the In-Charge of Public Works Section as its Convener.

(4)     The committee shall have, in addition to the Chairman and the convener, seven other members as follows:-

(a)      one shall be a nominee of the District Magistrate of the District;

(b)      one shall be a nominee of the Director of the Department of Archaeology, Govt. of Tripura/Govt. of India;

(c)      one shall be an eminent Architect;

(d)      one shall be an Artist;

(e)      one shall be an Environmentalist;

(f)       one shall be a Historian;

(g)      one shall be the concerned Executive Engineer of the ULB/Engineering wing of UDD

(5)     The Committee may co-opt any person to be nominated by the concerned department of the State Government while dealing with any land or building under the management of the said department.

(6)     The Committee shall, in accordance with the provisions of the Act and the Rules and the regulations made there under scrutinize every application or proposal for: declaration of a building as a heritage building, and recommend to and also advise the Mayor/Chairperson in respect of preservation and conservation of such building.

(7)     The committee shall meet as such periodical interval as may be determined by the Chairman.

(8)     The Chairman shall, in case of emergency take such measures as may be necessary for the preservation and conservation of a heritage building provided that such measures shall be required to be approved by the Heritage Conservation Committee at its meeting.

(9)     The Heritage Conservation Committee shall have the power to function independent of the ULBs for the purpose of preservation, conservation and maintenance of heritage building in so far such power does not offend any other provision of the Act or the Rules made there under relating to construction or use of building:

provided that for erection or re-erection in a heritage building and part thereof or for restoration of any heritage building to its old shape, design or beauty in the case of unlawful demolition, or for making any change of internal and external wall, structural pattern, floor, roof, interior or exterior architectural floor, facade or skyline or for any other change, of a heritage building the provisions of the Act and the Rules made there under shall apply mutates mutandis.

(10)   Subject to the other provisions of the Act the Mayor/Chairperson, may acquire, purchase or take on lease any heritage building for the purpose of preservation and conservation thereof;

Provided that in the case of heritage building declared as such for the purpose of preservation and conservation as required under the Tripura Town and Country Planning Act, 1975, the approval of the concerned department of the State Government shall be taken.

(11)   When the owner of any heritage building is not willing to preserve or conserve any heritage building, the Mayor/Chairperson may for the purpose of acquisition of such heritage building by agreement and on the recommendation of the Heritage Conservation Committee and with the approval of the ULB allow the transfer of right of development of such heritage building, which shall be heritable and transferable, to the owner of such heritage building in such manner, and subject to such conditions, as may be prescribed.

Explanation I. - "Development" shall have the same meaning as in the Tripura Town and Country Planning Act, 1975.

Explanation II.- "Right of development of a heritage building" shall mean the right of development, in the prescribed manner, of such potentials as may be available in respect of such heritage building on a plot of land different from the land and building comprising the heritage building but in the same ward of the ULB.

(12)   Subject to such Rules or regulations as may be made under these Rules and any Act every person shall have the right to access to any heritage building acquired by the ULB.

(13)   The ULB shall have the right to allow the transfer of right of development to the lessee of a heritage building where the unexpired period of the term of lease is for 90 years, and to take the heritage building on sub-lease by agreement, if there is provisions for such sub-lease in the deed executed between the owner and the lessee, provided that the question of payment of premium or rent in such case to the owner shall not, notwithstanding any agreement in this behalf arise, and if the owner as confirming party to the agreement waives the right to receive any further payment of such premium or rent.

(14)   If the ULB considers that it is necessary to acquire any building declared as a heritage building for the purpose of preservation and conservation as required under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the Tripura Town and Country Planning Act, 1975, by agreement or under the Land Acquisition Act 1984, permission of the concerned Department of the State Government shall be taken before such acquisition.

(15)   If the owner of a heritage building enters into an agreement with the ULB to maintain, preserve and conserve such heritage building property at his own expenses the ULB may, in such case, exempt wholly or partly the owner of such heritage building from payment of rates of taxes or fees for supply of water or any other charge in respect of such heritage building.

(16)   (i) The Mayor/Chairperson may pending acquisition of a heritage building by the ULB under these Rules or any Act and with the approval of the ULB propose to the owner of such heritage building to enter into an agreement with the ULB for a specified period for the maintenance of such heritage building;

(ii) the agreement as aforesaid may provide for all or any of the following matters:-

(a)      maintenance of the heritage building by the owner or by any other person willing to maintain the said heritage building,

(b)      custody of the heritage building and the duties of the person who may be employed to watch it;

(c)      the restriction on the owners right-

(1)     to use the heritage building for any other purpose detrimental to its conservation.

(2)     to chase any fee for entry into, or inspection of, the heritage building, and

(3)     to build on or near the site of the heritage building.

Rule - 103. Repeal and savings.-

(1)     All Rules as to the use of building sites and execution of building works, made under the Tripura Municipal Act (herein after referred to as the former Rules) and in force immediately before the coming into force of these Rules, shall, with effect from the date of coming into force of these Rules, cease to have effect.

(2)     Notwithstanding such ceaser, every building plan sanctioned under the former Rules and remaining valid on date immediately before the date of coming into force of these Rules, shall continue to remain valid till the expiry of the period of validity thereof.

PART –XII SPECIAL PROVISIONS ON HUTS, FACILITIES FOR PHYSICALLY HANDICAPPED PERSONS, GREEN BUILDINGS AND SUSTAINABILITY PROVISIONS LIKE ROOF TOP SOLAR ENERGY INSTALLATION, SOLAR ASSISTED WATER-HEATING SYSTEM, RAINWATER HARVESTING, WASTEWATER RECYCLING AND INSURANCE OF FUNCTIONAL BUILDINGS.

Rule - 104. Huts/mud walls.-

In areas specially set apart in development plans and detailed Town Planning Schemes, or in any area approved by the ULB, construction of huts may be allowed subject to the following conditions:-

(a)      Application for permission to construct or re- construct or alter or add to a huts/Mud Walls shall be in the form set out vide these Rules ( form set out in the Appendix - "A" ) .

(b)      A Hut/Mud Wall have 1.5 meters wide open space on all sides.

(c)      A Hut/Mud Wall shall have its floor area at least 20 cm. above the surrounding grounds.

(d)      A Hut/Mud wall shall have a clear internal area of 4 square meters and minimum width in any direction shall not be less then 2 mtrs.

(e)      No Hut/Mud wall shall be of more than one storey. The minimum height at the caves shall not be less than 2 meters.

(f)       Every Hut/Mud wall shall invariably be provided with ventilating openings of not less than 10 per cent of the floor area.

(g)      Every Hut/Mud wall shall be provided with adequate sanitary and drainage arrangements. Latrines shall be of water flush sanitary system.

(h)     Application Fee for seeking permission to construct a Hut/Mud Wall, the rate will be as per the fixed by the concerned ULB.

Rule - 105. Green buildings and sustainability provisions.-

(1)     All buildings on various plot sizes above 500 sq.m. shall comply with the green norms and conform to the requirements mandatory for sanction.

(2)     Provisions and Applicability

The green building provisions on various plot sizes are indicated in the table below:

Provisions and applicability for various plot sizes (Residential and Non-Residential)

(3)     Provisions for Sanction

1.        Water Conservation and Management

(a)      Rain Water Harvesting

(b)      Low Water Consumption Plumbing Fixtures

(c)      Waste Water Recycle and Reuse

(d)      Reduction of Hardscape

2.        Solar Energy Utilization

(a)      Installation of Solar Photovoltaic Panels

(b)      Installation of Solar assisted Water Heating Systems

3.        Energy Efficiency (Concept of passive solar design of buildings)

(a)      Low Energy Consumption Lighting Fixtures (Electrical Appliances- BEE Star and Energy Efficient Appliances)

(b)      Energy Efficiency in HVAC Systems.

(c)      Lighting of Common areas by Solar Energy/LED devices.

4.        Waste Management

(a)      Segregation of Waste

(b)      Organic Waste Management

In case owners of properties desire to procure green building rating from one or more rating bodies, they may suitably incorporate any other provisions, if required.

Rule - 106. Minimum provisions for differently-abled, elderly and children required in various types of buildings.-

(1)     Applicability

These regulations shall be applicable to all buildings and facilities used by the public such as educational, institutional, assembly, commercial, business, mercantile buildings and group housing constructed on plots having an area of more than 2000 sq.m. It shall not apply to private residential buildings.

(2)     Guidelines and provisions

Provisions in the following guidelines shall apply:

1.        "Guidelines and Space Standards for Barrier Free Built Environment for Disabled and Elderly Persons", (1998), Central Public Works Department, GoI.

2.        "Manual on Barrier Free Environment", (2002), O/o the Chief Commissioner for Persons with Disabilities, Ministry of Urban Development, GoI.

3.        "National Building Code", (2005), Bureau of Indian Standards.

4.        "National Policy for Persons with Disabilities", (2006), Ministry of Social Justice and Empowerment, GoI.

5.        "Harmonized Guidelines and Space Standards for Barrier Free Built Environment for Persons with Disabilities and Elderly Persons", (Draft 2014), Ministry of Urban Development, GoI.

(3)     Types of buildings to adopt barrier free guidelines

(a)      Buildings to be designed for Ambulant Disabled People Higher Secondary School, Conference Hall, Dance Halls, Youth Centers, Youth Clubs, Sport Centers, Sport Pavilions, Boar Club Houses, Ice Rinks, Bowling Centers, Swimming Pools, Police Stations, Law Courts, Courts Houses, Sport Stadiums, Theaters, Concrete Halls, Cinemas, Auditoria, Small Officers (the maximum plinth area 1400 sq.mt.) Snack Bars, Cafes and banqueting rooms (for capacity above 50 dinners).

Note:

a.        In sport stadiums provisions shall be made for non-ambulant spectators(small wheel-chair).

b.        @ 1:1000 up to 10,000 spectators and @ 1:2000 for spectators above 10,000.

c.        In Theaters, Concert Halls, Cinemas and Auditoria provisions shall be made for non-ambulant spectators (Small Wheel Chairs) @ 1/250 up to 1000 spectators and 1/5000 for spectators above 1000.

(b)      Buildings to be designed for Non-Ambulant Disabled People.

Schools for differently abled and all other buildings and along with Botanical gardens, Religious Buildings, Elderly People Clubs, Village Halls, Day Centers, Junior Training Centers, Post Offices, Banks, Dispensaries, Railway Stations, Shops, Super Markets, and Departmental Stores.

Note: Large wheel chair criteria shall be applicable on ground floors of the following building, post offices, banks, dispensaries, railway station, shops, supermarkets, and departmental stores.

(c)      Buildings to be designed for Non-Ambulant People (Using small wheel chairs)

Public lavatories in Tourist Sports, Clubs Motels, Professional and Scientific Institution, Museum, Art Galleries, Public Libraries, Laborites, Universities, College for further Education, Teachers Training Colleges, Technical Colleges, Exhibition Halls, Dentist Surgeries, Administrative Department of the Hospitals, Service Stations, Car Parking, Buildings, Airports Terminals, Bus Terminals, Factories, Employing differently abled for sedentary works, Large Offices, (with plinth area abode 1400 sq.mt.), Tax Offices, Passport Offices, Pension Offices, and Labour Offices, Cafes, Banqueting Rooms and Snack Bars (For capacity above 100 dinners).

(d)      Site development

Level of the roads, access paths and parking areas shall be described in the plan along with specification of the materials.

                                                              (i)          Access Path/Walk Way

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any steps. Slope, if any, shall not have gradient greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to coloured floor material whose colour and brightness is conspicuously different from that of the surrounding floor material or the material that emits different sound to guide visually impaired persons; hereinafter referred "o" as "guiding floor material". Finishes shall have a non-slip surface with a texture traversable by a wheel chair. Kerbs wherever provided should blend to a common level.

                                                             (ii)         Parking

For parking of vehicles of differently-abled people, the following provisions shall apply:

(a)      Surface parking for two car spaces shall be provided near entrance for the physically differently-abled persons with maximum travel distance of 30.0 m. from building entrance.

(b)      The width of parking bay shall be minimum 3.6 meter.

(c)      The information stating that the space is reserved for wheel chair users shall be conspicuously displayed.

(d)      Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(4)     Building requirements

The specified facilities in buildings for differently abled persons shall be as follows:

(a)      Approach to plinth level Every building should have at least one entrance accessible to the differently abled and shall be indicated by proper signage. This entrance shall be approached through a ramp together with the stepped entry.

i.         Ramped Approach: Ramp shall be finished with non-slip material to enter the building. Minimum width of ramp shall be 1800 mm with maximum gradient 1;12. Length of ramp shall not exceed 9.0 meter having 800 mm high hand rail on both sides extending 300 mm beyond top and bottom of the ramp. Minimum gap from the adjacent wall to the hand rail shall be 50 mm.

ii.        Stepped Approach: For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high hand rail on both sides of the stepped approach similar to the ramped approach. iii. Exit/Entrance Door: Minimum & clear opening of the entrance door shall be 900 mm and it shall not be provided with a step that obstructs the passage of a wheel chair user. Threshold shall not be raised more than 12 mm.

iii.       Entrance Landing: Entrance landing shall be provided adjacent to ramp with the minimum dimension 1800 mm x 2000 mm. The entrance landing that adjoins the top end of a slope shall be provided with floor materials to attract the attention of visually impaired person's (limited to coloured floor material whose colour and brightness is conspicuously different from that of the surrounding floor material or the material that emits different sound to guide visually impaired persons. Finishes shall have a non-slip surface with a texture traversable by a wheel chair, Kerbs wherever provided should blend to a common level.

(b)      Corridor connecting the entrance/exit for the differently abled

The Corridor connecting the entrance/exit for differently abled leading directly outdoors to a place where information concerning the overall use of the specified building can be provided to visually impaired persons either by a person or by signs, shall be provided as follows:

                                                                              (i)          Guiding floor materials' shall be provided or device that emits sound to guide visually impaired persons.

                                                                             (ii)         The minimum width shall be 1500 mm.

                                                                            (iii)         In case there is a difference of level, slope ways shall be provided with a slope of 1:12.

                                                                            (iv)        Handrails shall be provided for ramps/slope ways.

(5)     Stair-ways

One of the stir-ways - near the entrance/exist for the differently abled shall have the following provisions:

                                              (i)          The minimum width shall be 1350 mm.

                                             (ii)         Height of the riser shall not be more than 150 mm and width of the tread 300 mm.

The steps shall not have abrupt (square) nosing.

                                            (iii)         Maximum number of risers on a flight shall be limited to 12. 

                                            (iv)        Handrails shall be provided on both sides and shall extend 300 mm on the top and bottom of each flight of steps.

(6)     Lifts

Wherever lift is required as per bye-laws, provision of at least one lift shall be made for the wheel chair user with the following cage dimensions of lift recommended for passenger lift of 13 person's capacity of NBC, BIS. Desirable Lift size are:

Clear internal width 1100 mm.

Clear internal depth 2000 mm.

Entrance door width 900 mm.

(a)      A hand rail not less than 600 mm long at 1000 mm above floor level shall be fixed adjacent to the control panel.

(b)      The lift lobby shall be of an inside measurement of 1800 mm x 2000 mm or more.

(c)      The time of an automatically closing door should be minimum 5 seconds and the closing speed should not exceed 0.25 m/sec.

(d)      The interior of the cage shall be provided with a device that audibly indicates the floor, the cage has reached indicates that the door of the cage of entrance/exit is either open or closed.

(e)      Graphic/Braille signage, as per the Harmonized Guidelines, shall be provided in the lift lobby.

(7)     Toilets

One special W.C. in a set of toilets shall be provided for the use of differently abled with essential provision of washbasin near the entrance for the differently abled.

(a)      The minimum size shall be 1500 mm x 1750 mm.

(b)      Minimum clear opening of the door shall be 900 mm and the door shall swing out.

(c)      Suitable arrangement of vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(d)      The W.C. seat shall be 500 mm. from the door.

(a)      Provision of W.Cs in buildings without lift:

Provision of special W.C. shall be made on all floors for buildings designed for ambulant disabled persons. For buildings designed for non-ambulant disabled special W.C. shall be provided at Ground Floor. Size of W.C. shall depend on the type of wheel chair used by the disabled.

(b)      Provisions of W.Cs in buildings with lift 

Provision of Special W.C. shall be made on all floors. Size will depend on the category of disabled for whom it has been provided.

(c)      Toilet Details:

For Toilets Designed for Ambulant Disabled

                                                                                              (i)          The minimum size of W.C. shall; be 1075 x 1650 mm with a minimum depth of 1450 mm from entry door 900 mm.

                                                                                             (ii)         Long handrail on the side closer to W.C. with a clear width between the handrails shall be 900 mm and height of handrails shall be 800 mm from floor level. iii) Minimum size of the clear door opening shall be 780 mm.

(d)      For Toilets Designed for Non-Ambulant Disabled Small Wheel Chair:

The minimum size of W.C. shall be 1350 x 1500 mm with minimum depth of 1500 mm from entry door. 900 mm long handrail on the side closer to W.C. shall be provided. To provide movement space for wheel chair, W.C. seat shall be fixed towards one side to the opposite adjacent wall. The centerline of W.C. from the adjacent wall shall be 400 mm and minimum 950 mm from the other wall. Minimum size of the clear door opening shall be 780 mm.

(e)      For Toilets Designed for Non-Ambulant Disabled Using Large Wheel Chair:

The minimum size of W.C. shall be 1500 x 1750 mm with minimum depth of 1750 mm for entry door. 900 mm long handrail on the side closer to W.C. shall be provided. To provide movement space for wheel chair, W.C. seat shall be fixed towards one side to the opposite adjacent wall. The centerline of W.C. from the adjacent wall shall be 400 mm and a minimum of 1100 mm from the other wall. Minimum size of clear door opening shall be 860 mm.

(8)     Designing for Children

In the buildings meant for the pre-dominant use of the children, it will be necessary to suitably alter the height of the handrail and other fittings & fixures etc. Note ; Guiding/Warning Floor Material: The floor material to guide or warm the visually impaired persons with a change of colour or material texture and easily distinguishable from the rest of the surrounding floor materials. The material with deferent texture gives audible signals with sensory warning when a person moves on this surface with walking stick. The guiding/warning floor material is meant to give the directional effect or warm a person at criteria places. It should be provided in the following areas:

a.        The access path to the building and to the parking area.

b.        The landing lobby towards the information board, reception, lifts staircases and toilets.

c.        Immediately at the beginning/end of walkway where there is a vehicular traffic.

d.        At the location abruptly changing in level or beginning/end of a ramp.

e.        Immediately in front of an entrance/exit and the landing.

(9)     Drinking Water:

Suitable provision of drinking water shall be made for the differently abled near the special toilet provided for them.

(10)   Refuge:

An alternative to immediate evaluation of a building via staircases and/or lifts is the movement of disabled persons to areas of safety within a building. If possible, they could remain there until the fire is controlled and extinguished or until rescued by the fire fighters.

(a)      It is useful to have provisions of a refuge area, usually at the fire protected stair landing on each floor that can safely hold one or two wheelchairs.

(b)      Hand Doorways with clear opening width of 900 mm and regular compliance

(c)      Have an alarm switch installed between 900 mm and 1200 mm from floor level.

(11)   Proper signage

(a)      appropriate identification of specific facilities within a building for the differently abled persons should be done with proper signals.

(b)      Visually impaired persons make use of other senses such as hearing and touch to compensate for the lack of vision, whereas visual signals benefit those with hearing disabilities. Signs should be designed and located so that they are easily legible by using suitable letter size (not less than 20 mm high)

(c)      For visually impaired persons, information board in brail should be installed on the wall at a suitable height and it should be possible to approach them closely.

(d)      To ensure safe walking, there should not be any protruding sign which creates obstruction in walking.

(e)      Public Address system may also be provided in busy public areas.

(f)       The symbols/information should be in contrasting colour and properly illuminated because people with limited vision may be able to differentiate amongst primary colours.

(g)      Internal Symbol Mark for wheel chair be installed in a lift, toilet, staircase, parking areas, etc., that have been provided for the differently abled.

(12)   Public Building regulations

In case of design regulations in public buildings (excluding domestic buildings), provisions for differently-abled shall be adopted as below:

To Provide Facilitates in the Public Building Excluding Domestic Buildings for Differently-abled Persons

a.        Definitions

Ambulant Disabled People: Disabled who are able to walk but who may depend on prostheses (Artificial Limbs) orthoses (Calipers), Sticks, Crutches or Walking aids. Non-Ambulant Disabled People: Disabled people impairments that confine them to wheelchair. Wheel Chair: Chair used by disabled people for mobility.

                                                                             i.            Size of small wheel chair: 750 x 1050 mm ii) Size of large wheel chair: 800 x 1500 mm

b.        Scope

These bye-laws are applicable to public buildings and exclude domestic building. Building which shall provide access to ambulant disable and Non-Ambulant disabled are listed below. Distinction is made for buildings to be designed for the use of large wheel chairs and small wheel chairs.

c.        Building to be designed for Ambulant Disabled People

Higher Secondary School, Conference Hall, Dance Halls, Youth Centers, Youth Clubs, Sport centers, Sport Pavilions, Boat Club Houses, Ice Rinks, Bowling Centers, Swimming pools, Police Stations, Law Courts, Courts Houses, Sport Stadium, Theaters, Concert Hall, Cinemas, Auditorias, Small Offices ( the maximum plinth area 1400 sq. mt) Snack Bars, Cafes and banqueting rooms (for capacity above 50 dinners)

Note:

                                                                                              (i)          In sport stadiums provisions shall be made for non-ambulant spectators (small wheel chair)

                                                                                             (ii)         @ 1:1000 up to 10,000 spectators and @ 1:2000 for spectators above 10,000.

                                                                                            (iii)         In Theaters, Concert Halls, Cinemas and Auditoria provisions shall be made for non-ambulant spectators (Small Wheel Chairs) @ 1/250 up to 1000 spectators and 1/500 for spectators above 1000.

d.        Building to be designed for Non-Ambulant Disabled People:

Schools for physically handicapped, cremation, buildings as mentioned in 3, Botanical Garden, Religious Buildings, Old People Clubs, Village Halls, Day Centers, Junior Training Center, Post Offices, Banks, Dispensaries, Railway stations, Shops, Super Markets, and Departmental Stores. Notes: Large Wheel Chair Criteria shall be applicable on ground floors of the following building. Post offices, banks, dispensaries, railway stations, shops, Supermarkets and departmental stores.

e.        Building to be designed for Non-Ambulant People (Using Small Wheel Chairs)

Public lavatories in Tourist Sports, Clubs Motels, Professional and Scientific Institution, Museum, Art Galleries, Public Libraries, Laborites, Universities, Collage for further Education, Teachers Training Collages, Technical Collages, Exhibition Halls Dentist Surgeries, Administrative Department of the Hospitals, Service Stations, Car Parking, Buildings Airports Terminals, Bus Terminals, Factories Employing Handicapped for sedentary works, Large Offices, (With Plinth area abode 1400 sq. mt), Tax Offices, Passport Offices, and Labour Offices, Cafes, Banqueting Rooms and Snack Bars (For Capacity Above 100 dinners).

f.         Buildings Requirements:

All Building requirements for building projects proposed under this category shall be conforming to Annex D, Part 3 of NBC.

Rule - 107. Roof top solar energy installation.-

Rooftop photovoltaic power station, or rooftop PV system, is a photovoltaic system that has its electricity -generating solar panels mounted on the rooftop of any building. The various components of such a system include photovoltaic modules, mounting systems, cables, solar inverters and other electrical accessories. Rooftop PV systems are faster than other types of renewable power plants. They are clean, quiet, and visually unobtrusive. Table below stipulates the Norms for Roof Top solar PV Installation-

Norms for Roof Top Solar PV Installation and generation

 

Rule - 108. Installation of solar assisted water heating system in govt. Functional buildings.-

Installation of Solar water Heating System:

(a)      New Building:

Clearance of plan for the construction of new buildings shall only be given if they have a provision in the building design itself for insulated pipelines from the rooftop in the building to various distribution points where hot water is required. The buildings must have a provision for continuous water supply to the solar water heating system. The building should also have open space on the rooftop, which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per sqm. All new buildings must complete installation of Solar Water Beating Systems before obtaining necessary license to continuance their business.

(b)      Existing Buildings:

Installation of Solar Assisted Water Heating Systems in the existing building is mandatory at the time of change of use provided there is a system or installation for supplying hot water. The ULB will strictly observe it while changing the pattern of use.

(c)      Capacity:

The capacity of Solar Water Heating System to be installed on the building of different categories shall be decided in consultation with the ULB. The minimum capacity shall not be less than 25 liters per day for each bathroom and kitchen subject to the condition that maximum of 50% of the total roof area is provided with the system.

(d)      Specification:

Installation of Solar Assisted Water Heating System shall conform to BIS (Bureau of Indian Standards) specification IS 12933. The Solar collectors used in the system shall have the BIS certification mark.

(e)      Auxiliary System:

Wherever hot water requirement is continuous auxiliary heating arrangement either with electric elements or oil of adequate capacity can be provided.

Rule - 109. Categories of buildings/public utility places where solar assisted water heating systems are to be installed.-

The following categories of buildings in which there is a system of installation for supplying hot water shall be built unless the system or the installation is also having an auxiliary solar assisted water heating system:

(a)      Hospitals & Nursing Homes;

(b)      Hotels, Lodges and Guest Houses;

(c)      Hostels of Schools, Colleges, Training Centres

(d)      Barracks of armed forces, paramilitary forces and polices;

(e)      Individual residential building having more than 150 sq. meter. plinth area;

(f)       Functional Buildings of Railway stations and Air Ports - like waiting rooms, retiring rooms, rest rooms, inspection bungalows and catering units;

(g)      Community centres, Banquet Halls, Barat Ghars, Kalyan mandaps and buildings for similar use.

Rule - 110. Provision for rainwater harvesting, wastewater recycling and solid waste management.-

(a)      Rain Water Harvesting:-

(1)     The RWH system

The harvesting of rainwater simply involves the collection of water from surfaces on which rain falls, and subsequently storing this water for use. The rainwater collected can be stored for direct use or can be recharged into the underground aquifers. In scientific terms water harvesting (broadly) refers to collection and storage of rainwater from the rooftops. This also restricts evaporation and seepage into building foundations. All building having plinth area not less than 200 sq.m., while submitting the building plans for sanction, shall mandatorily include the complete proposal of rainwater harvesting.

A rainwater harvesting system consists of:

i.         Roof catchment

ii.        Gutters

iii.       Down pipes

iv.       Rain water/Storm water drains

v.        Filter chamber

vi.       Storage Tanks/Pits/sumps,

vii.      Ground Water recharge structures like pit, tube well or combination of above structure.

(2)     Rainwater harvesting techniques:

There are two main techniques of rain water harvestings. They are Storage of rainwater on surface for future use and Recharge to ground water.

The technical aspects and options of Rainwater harvesting are as follows: The storage of rain water on surface is a traditional technique and the structures used were underground tanks, ponds, check dams, weirs etc. Recharge to ground water is a new concept of rain water harvesting and the structures generally used are:-

i.         Pits: Recharge Pits are constructed for recharging the shallow aquifer. These are constructed 1 to 2m wide and to 3m deep which are back filled with boulders, gravels, coarse sand.

ii.        Trenches: These are constructed when the permeable steam is available at shallow depth. Trench may be 0.5 to 1m. wide and 1 to 1.5m. deep and 10 to 20m long depending up availability of water. These are back filled with filler materials.

iii.       Dug wells: Existing dug wells may be utilized as recharge structure and water should pass through filter media before putting into dug well.

iv.       Hand pumps: The Existing hand pumps may be used for recharging the shallow/deep aquifer, if the availability of water is limited. Water should pass through filter media before diverting it into hand pumps.

v.        Recharge wells: Recharge wells of 100 to 300 mm. diameter are generally constructed for recharging the deeper aquifer and water is passed through filter media to avoid choking of recharge wells.

vi.       Recharge Shafts: For recharging the shallow aquifer which are located below clayey surface, recharge shafts of 0.5 to 3m. diameter and 10 to 15 m. deep are constructed and back filled with boulders, gravels & coarse sand.

vii.      Lateral shafts with bore wells: For recharging the upper as well as deeper aquifers lateral shafts of 1.5 to 2 m. wide & 10 to 30 m. long depending upon availability of water with one or two bore wells are constructed. The lateral shafts are back filled with boulders, gravels & coarse sand.

viii.    Spreading techniques: When permeable strata from top then this technique used. Spread the water in streams/Nalas by making check dams, nala bunds, cement plugs, gabion structures or a percolation pond may be constructed.

(3)     Harvesting provisions in various Building categories:

All building in a city contribute to the rain water runoff during the monsoon and hence such runoff can be harvested for water reuse/recharge.

The mandatory provision of rainwater harvesting in various building types are as follows:

Provision for Rainwater harvesting by building types

(4)     Rain Water Harvesting Provisions for Open spaces in cities

The open spaces/recreational land use generally constitute regional parks, district parks, play ground and stadium, sports complex, monument zones, public parking, plaza and other public open space. This may be as high as 30% to 50% of the city's geographic area. All such public open spaces above the size of 500 sq.m shall have arrangements for complete utilization and capture of storm water with scientific rain water harvesting arrangements.

Following ideas may also be included:

                                                              (i)          Well cum Channel cum percolation pits.

                                                             (ii)         Use of abandoned bore wells for recharging of ground water

                                                            (iii)         Artificial or natural storage of storm water runoff from larger sites.

(5)     Ground Water Recharge

Recharging of ground water should be made mandatory not only for residential building but for all types of buildings, including Group Housing Societies having a plot area more than 500 sq. m. and above.

The Ground Water Recharge should also be mandatory for open spaces like parks, parking, plazas and playgrounds. The harvesting and recharge structures could be constructed by the authority with the involvement of community based organizations like Resident Welfare Associations.

(6)     Enforcement and Monitoring

i.         The ULB shall constitute a rainwater Harvesting Cell which will be responsible for enforcement and monitoring of the Provisions of Rainwater Harvesting. The cell shall employ qualified persons who are well versed with the interpretation of Building Bye Laws and responsible for enforcement as well as monitoring the functioning of the Rainwater Harvesting System.

ii.        The Authority shall include inspection of rainwater Harvesting Structures before issuing Completion Certificates or NOCs for service connections to the property.

iii.       Set an example in the city by ensuring that Rainwater is harvested in the properties/assets owned by them including public building, markets, community centers, parking spaces, roads and parks etc.

iv.       the Authority shall also establish a mechanism to monitor 100% of RWH provisions in all the building above 1000 sq.m with annual physical verification, while building less than 1000 sq.m. can be monitored on the basis of 10% random survey by competent authority.

v.        With regard to open public spaces viz., Parks, playgrounds etc, the implementation of provision rainwater harvesting may be done with the help of Residents Welfare Associations, Community Building Organizatin and Non-Governmental Organisations. vi. The Authority shall ensure earmarking budgetary provision for the creation and maintenance of rainwater harvesting structures in public spaces owned and maintained by them, like parking spaces, parks, plazas etc.

vi.       The practice of incentives and penalties to promote rain water harvesting shall be formulated by the ULB based on best practices. ULB shall design its own incentive and penalty systems, considering the water level and scarcity.

(b)      Wastewater Recycling (Water Re-use and Recycling):-All buildings having total covered area more than 10,000 square meters OR all buildings having a waste water discharge of 10,000 litters and above per day shall set up a Sewerage Treatment Plant (STP), which shall bring sewerage and waste water within the prescribed parameters as per Indian standards. Recycled water should be used for toilet blocks or horticultural purpose.

(c)      Solid Waste Management:-All buildings having total covered area more than 10,000 square meters shall set up a comprehensive system of collection, transportation and disposal of municipal solid waste strictly in accordance with the latest version of Solid Waste Management Rules.

Rule - 111. Provision for insurance of building.-

(a)      All the residential buildings having plinth area more than 300 Sq. meters or above 3 storied'/shall be insured for any natural calamities/fire hazard with an insurance company registered under the Insurance Company Act prevailing in India.

(b)      All the buildings other than residential having 2 storey's and above shall be insured for any natural calamities/fire hazard with an insurance company registered under the Insurance Company Act prevailing in India.

(c)      It is the owner's responsibility to insure the building as per norms and intimate the local body along with copy of insurance details.

Appendix-A

Form for application to erect or re-erect a Hut/Mud Wall.

(Ref. Rule No. 104)

To

The Mayor/Chairperson

_________________ Municipal Corporation/Municipal Council/Nagar Panchayat.

Sir,

I intend to erect/re-erect/alter a hut/mud wall in Ward No. ________ Holding No. _______________ of _____________________________________ Road/village in ____________________________________ Tahasil. I forward herewith the following particulars duly signed by me.

1.        Diagrammatic sketch of proposed hut/mud wall (triplicate).

2.        General description of work (in triplicate).

3.        Proof of ownership of land, Regd. Deed parcha etc.

4.        Copy of receipt for payment of application fee.

I hereby undertake to abide by the provisions of Tripura Building Rules, 2004 in all respect.

I request that the erection/re-erection/alteration may be approved and permission accorded to me to execute the work.

 

-->

TRIPURA BUILDING RULES 2017

PART - I

Preliminary

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

(1)     These Rules may be called the Tripura Building Rules, 2017

(2)     Except as otherwise provided in these Rules, they shall apply to buildings in the Urban Local Bodies (ULBs) in Tripura.

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

(4)     These Rules are in replacement to the existing Tripura Building Rules, 2004.

 

Rule - 2. Definitions.-

(a)      In these Rules, unless the context otherwise requires,-

(1)     the "Act" means the Tripura Municipal Act, 1994;

(2)     "addition to a building" means addition to the cubic content or to the floor area of a building;

(3)     "area", in relation to a building, means the superficies of a horizontal section thereof made at the plinth level, inclusive of the external walls and such portion of the party-walls as belongs to the building;

(4)     "advertising sign" means any surface of a structure with characters, letters, illustrations or illuminations applied thereto and displayed in any manner whatsoever to public view for the purposes of advertising or giving information regarding, or for attracting the notice of the public to, any place, person, public performance, article or merchandise whatsoever, and whose surface or structure is attached to forma part of, or is connected with, any land or building, or is fixed to a wall, hoarding, frame, post, kiosk, tree, structure, ground or fence, or is displayed in space or on screens;

(5)     "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;

(6)     "alteration" means 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 building, or any change to the, structure such as the construction of, cutting into or removal of any wall, portion, column, beam, joist, floor or other support, or a change to the fixture or equipment;

(7)     "apartment" means part of a property having a direct exit to a street or a passage or to a common area leading to such street or passage which together with its undivided interest in the common areas and facilities forms an independent unit;

(8)     "Applicant" includes a duly authorised agent of the applicant;

(9)     "Architect" means a person who is registered as an Architect by he Council of Architecture under Architects Act, 1972(20 of 1972); An Architect for the purpose of Rule 17 shall be an Architect with two years experience under the Architect Act, 1972(20 of 1972 )".

(10)   "Basement or cellar" means the lower storey of a building partly or wholly below the ground level or the abutting road level, whichever is higher;

(11)   "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 and building services, fixed platforms, veranda, balcony, cornice or projection, part of a building or anything affixed thereto or any wall enclosing or intended to enclose any land or space (other than a boundary wall not exceeding permissible limits as specified in these Rules) and signs and outdoor display structures, tents, temporary hospitals (with other than temporary structures), shamiana, turpentine shelters etc. erected for a temporary and ceremonial or festive occasion with the permission of the Authority shall not be considered as building";

(12)   "building plan" means a plan accompanying a notice for sanction, or provisional sanction, for erection or re-erection, or addition to, or alteration of, a building;

(13)   "building services", in isolation to a building, means lighting and ventilation, electrical installation air-conditioning and heating, acoustics' and sound insulation, installation of lifts and escalators, water supply, sewerage and drainage, gas supply, and telephone installations;

(14)   "chajja or cornice" means a sloping, horizontal or structural, overhung usually provided over opening an external walls to provide protection from the sun and rain;

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

(16)   "commencement of work", in relation to a building, means the actual commencement of a building foundation work or erection or re-erection or alteration of a building including foundation, but does not include mere excavation of earth;

(17)   "courtyard" means a space permanently open to the sky, enclosed fully or partially by building, whether or not at ground level or any other level within, or adjacent to a building, or a courtyard enclosed on all sides (being an inner courtyard) or a courtyard where one of the sides is not enclosed (being an outer courtyard);

(18)   "covered area" means the horizontal area covered by a building immediately above plinth level on any floor, but does not include the spaces exempted under: these Rules and the space covered by -

a.        garden, boundary, wall and wall structure, plant nursery, water pool, swimming pool (if not covered), platform round a tree, tank, fountain or bench

b.        drainage, culvert, conduit "septic tank" or sock pit,

c.        compound wall and gate, and area covered by chajja;

(19)   "cul-de-sac", means a public or private street or passage closed at one end with provision for turning of cars;

(20)   "dangerous" in relation to a building which, by reason of its age, inadequate maintenance, dilapidation, abandonment or by any other reason, has become structurally unsafe or is not provided with adequate means of access or which constitutes a fire hazard, dangerous to human life;

(21)   "depth", in relation to a plot, means the distance from the front to the rear line of the plot;

(22)   'drain' includes the sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sullage, sewage, offensive matter, polluted water, rain water or subsoil waters;

(23)   "drainage" means the removal of any liquid by a system provided for the purpose;

(24)   "dwelling unit" means an independent unit with separate living, cooking and sanitary facilities;

(25)   "engineer" means a person having a degree in civil engineering of a recognised university or institute;

(26)   "floor" means, unless otherwise specifically provided in the Rules, the lower surface in a storey, after the finishing of which one normally walks in a building;

(27)   "floor area" means the covered area of a building at any floor level;

(28)   "Floor Area Ratio" or "F.A.R." (being the abbreviation of the whole words "Floor Area Ratio") means the quotient obtained by dividing the total floor area of all the floors of a building by the area of the plot, formula being as follows:

Total floor area of all floors

F.A.R. = ___________________________

Area of the plot

(29)   "Form" means a form appended to these Rules;

(30)   "framed building" means a building where the dead load and superimposed load are transferred to foundation through framed members with rigid joints, which may be of R.C.C. prestressed concrete, steel, timber, or the like, such members at the transfer of loads being not only experienced with directional stress but also bending stress and sheer stress as wall;

(31)   "geo-technical engineer" shall mean an engineer having at least 2 years experience in soil and foundation engineering;

(32)   "ground coverage" means the quotient obtained by dividing the area of the plot covered by the building at the ground level by the total area of the plot, expressed as a percentage as follows:-

The area of the plot covered by building

Ground Coverage = _________________________________ X 100

Total area of the plot

Explanation.- For the purpose of- calculating the ground coverage, all projections and overhangs shall be included in the covered area excepting cornice, weather shade or chajja of not more than 0.50 metre in width;

(33)   "ground level" means the average level of the centre line of the street or passage to which the plot abuts;

(34)   "habitat room" means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, cooking, if is used as a living room, but not including bath-room, water-closet, compartments, laundries, serving and storage pantries, corridors, callers, attain and spaced that are not used frequently or during extended period;

(35)   (1) "height of a building" shall mean vertical distance measured from the average level of the centre line of the adjoining street or passage on which the plot abuts to the highest point of the building, in case of a flat roof and in the case of sloped roofs, the mid point between the cave's level and the ridge".

(2) "for hill areas, the vertical distance shall be measured from the lowest floor level instead of average ground level as applicable in case of planning;

(36)   "Heritage Building", means a building of one or more premises or any part thereof, which requires preservation and conservation for historical, architectural, environmental or cultural purpose, and includes such portion of the land adjoining such building or any part thereof as may be required for fencing or covering or otherwise preserving such buildings and also includes the areas and buildings requiring preservation and also conservation for the purpose as aforesaid.

(37)   "house" includes any hut, shop or warehouse;

(38)   "hut/mud wall" means any residential building which in constructed principally of mud, leaves grass or thatch or such easily perishable materials and of a temporary nature;

(39)   "khatal" means a place where cattles are kept or maintained for the purpose of trade or business in cattle or business in milk;

(40)   "ledge" or "tand" means a shelf-like projection supported in any manner except by means of vertical supports, within a room itself but not having projection wide than 0.60 metre, for being used only as storage space;

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

(42)   "means of access" means a public or private street or passage open to the sky as shown in the survey map or other records of the local body and includes a passage which way not be open to the sky in the case of partition of an existing building;

(43)   "mezzanine floor" means an intermediate floor between any two floors;

(44)   "natural Hazard"-

The probability of occurrence, within a specified period of time in a given area, of a potentially damaging natural phenomenon.

Natural Hazard Prone Areas-

Areas likely to have (i) moderate to very high damage risk zone of earthquakes, OR (ii) moderate to very high damage risk of cyclones OR (iii) significant flood flow or inundation, OR (iv) one or more of these hazards. Note: Moderate to very high damage risk zones of earthquakes are as shown in Seismic Zones III, IV and V specified in IS: 1893; moderate to very high damage risk zones of cyclone prone are those areas along the sea coast of India having wind velocities of 39m/s or more as specified in IS: 875(part 3;) and flood prone areas in river plains (unprotected and protected) area indicated in Flood Atlas of India prepared by the Central Water Commission. All three hazard prone areas are redrawn in Vulnerability Atlas of India on large scales. Besides, other areas can be flooded under conditions of heavy intensity rains, inadequate drainage, etc. as identified through local surveys in the Development Plan of the area.

(45)   "open space" means an area, forming an integral part of the site, at the ground level open to the sky;

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

(47)   "parking space" means an area enclosed or unenclosed, covered or open, sufficient in size to park vehicles with a driveway connecting the parking space with a street or alley and permitting ingress and egress of vehicles;

(48)   "partition wall" means an interior non-loaded bearing wall of storey or part-storey height;

(49)   " party wall" means one wall forming part of a building and used or constructed to be used for the supports and separation of adjoining buildings to different owners or constructed or adopted to be occupied by different persons;

(50)   "passage" means a means of access which may not a private or public street and which provides access to not rare than three plots, and includes footway and drains attached to the passage and also includes all lands up to the property line of the plots abutting the passage;

(50)(i) "Person" means any individual Indian citizen or an organisation/Department of Government/Semi Government/Private or Corporate body or Joint Venture company.

(51)   "plinth" means the part of a wall or structure between the ground level mid the level of the lowest floor of a building above ground level;

(52)   "promoter" means a person who constructs or caused to be constructed a building on a plot of land for the purpose of transfer of such building by sale, gift or otherwise to any other person or a company, co-operative society or association of persons and includes

i.         his assignee, if any,

ii.        the person who constructs, and the person who transfer by sale, gift or otherwise, the building, if, the two are different persons;

iii.       any Board, Company, Corporation, Firm or other association of persons, established by or under any law for the time being in force;

(53)   "Purchaser" means any person who, enters into an agreement with the promoter for the purchase of a dwelling units;

(54)   "Registrar" means the Registrar as defined in the Tripura Co-operative Societies Act.

(55)   "section" means a section of Act;

(56)   "services" in relation to a building, means lighting and ventilation, electrical installations, air-conditioning and heating, acoustics and sound insulation, installation of lifts and escalators, water supply, fire fighting, sewerage and drainage, gas supply and telephone installations;

(57)   " service rooms" means, rooms and covered spaces meant primarily for purposes other than human habitation, service rooms may be used for parking, air-conditioning plant room or room for the other machines used for any building service or for the other purposes space for a stand by generator for power supply, storage space for household or other goods of non-inflammable nature, strong room or bank cellar and dark room;

(58)   "set back line" means a line usually parallel with the centre line of a road or street, laid down by a competent authority beyond which nothing can be constructed towards the roads;

(59)   "shed" means, a light or temporary .structure for shed or shelter;

(60)   "site" means the entire area covered by a building with out-houses, and includes the land at the front or in the sides of, and pertaining to, such building and the land required by regulations to be left open;

(61)   "structural engineer" shall mean an engineer with at least 2 years experience in structural designs;

(62)   "to construct a building" with its grammatical variation means -

i)         to construct a new building, or

ii)        to re-construct a building, or

iii)       to convert a building or any part of a building, not being a flat or block, into a flat or blocks;

(63)   "to erect a building" has the sane meaning as in sub Rule 62 of Rule 2;

(64)   "tenement" means an independent dwelling unit with a kitchen;

(64)     (i) "ULB" means Urban Local Body like Municipal Corporation/Municipal Council/Nagar Panchayat.

(65)   "use group" or "occupancy" means the purpose for which a building or a part of a building is used or Intended to be used.

Explanation.- For the purpose of classification of a building according to occupancy, an occupancy shall be deemed to include subsidiary occupancies, which are contingent upon it. The occupancy classification shall include residential, educational, Institution, assembly, business, mercantile (retail), mercantile (wholesale), industrial, storage and hazardous occupancies. Principal occupancy shall be the occupancy of covering more than 50% of the floor area of the building .In case no single occupancy covers more than 50% of the floor area of a building, it shall be classified as a building of "mixed use of occupancy". The classification of buildings, based on principal occupancy shall be as follows:-

(a)      "residential building", that is to say, any building in which sleeping accommodation is provided for normal residential purpose as the principal use with or without cooking facility and/or dining facility. Such building shall include one or two or multi-family dwelling, lodging or rooming houses, hostels, dormitories, apartment houses and flats, with private garages;

(b)      "educational building", that is to say any building used for school, college, library or day-care purposes as principal use involving assembly for instruction, education or recreation incidental to education;

(c)      "institutional building", that is to say, any building or part thereof ordinarily providing sleeping accommodation for occupants and used principally for the purposes of medical or other treatment or case of persons suffering from physical or mental illness, disease or infirmity care of infants, convalescents or aged persons and for penal or correctional detention in which the liberty of the inmates is restricted; such building shall include hospitals, clinics dispensaries, sanatoria, custodial institutions and penal institutions like jails, prisons, mental hospitals and reformatories;

(d)      "assembly building", that is to say, any building or part thereof where groups of people congregate or gather for amusement or recreation or for social, religious, patriotic, civil, travel, sports or similar other purposes as the principal use such building shall include theatres, motion picture houses, drive-in-theatres, city halls, town halls, auditoria, exhibition halls, museums, skating rings, gymnasiums, restaurants, eating house, bars, hotels, boarding houses, places of worship, dance halls, club rooms, gymkhanas, passenger stations and terminals of air, surface and other public transportation services, recreation places and stadiums;

(e)      "business building", that is to say, any building or part thereof used principally for transaction business for keeping of accounts and records or for similar purposes; such building shall include offices, banks, professional establishments, court houses, if the principal function of such offices, banks, professional establishment, court houses, if the principal function of such offices, banks, professional establishments, court houses is transaction of public business or keeping books and records; such building shall also include buildings or premises solely or principally used as an office or for office purpose;

(f)       (f)"mercantile building(retail)", that is to say, any building or part thereof used principally as shops, stores or markets for display of merchandise for retail sale thereof or for office and storage of service facilities incidental thereto;

(g)      "mercantile building (wholesale)", that is to say, any building or part thereof used principally as shop, store or market for display of merchandise for sale thereof on whose sale basis, or for office and storage or service facilities incidental thereto, and shall include establishment, wholly or partly engaged in wholesale trade, manufacturers" wholesale Outlets including related storage facilities, warehouses and establishments engaged in truck transport(including truck transport booking agencies);

(h)     "industrial building", that is to say any building or structure or part thereof used principally for fabrication, assembly and/or processing of goods and materials of different kinds, such building shall include laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies, factories and workshops;

(i)       " storage building", this is to say, any building or part thereof used principally for the storage or sheltering of goods, wares or merchandise as in warehouses such building shall include cold storage freight depots, transit sheds, store houses public garages, hangers, silos and barns;

(j)       "hazardous building", that is to say, any industrial or storage building or part thereof used principally for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which are liable to burn with extreme rapidity or which may produce poisonous fumes or explosions during storage, handling, manufacture or processing or which involve highly corrosive, toxic or noxious alkalise; acids or other liquids or chemicals producing flames, fumes, explosions or mixtures of dust or which result in the division of matter into fine particles subject to spontaneous ignition;

(k)      "steel tower" includes the steel tower, having an height of 15 meters or above made for the purpose of telecommunication or other purposes;

Explanation:- Type of buildings not dealt with specifically under these Rules shall be guided by the latest edition of the Codes of Bureau of Indian Standards;

(66)   (a) "width of a street" means the whole extent of space, including the footpath, side drains etc. within the boundaries of the street as specified in the survey map or other records of a local body;

(b) Words and expressions used but not otherwise defined shall have the same meaning as in the Act.

(c) Definitions for the Special chapters ( part - X, XI & XII ):-

(1)     Hut:-

Hut means any residential house which is constructed principally of leaves, grass or thatch or such easily perishable material and of a temporary nature;

(2)     Mud wall:-

Mud wall means any residential house which is constructed principally of mud (wholly or partly), leaves, grass or thatch or such easily perishable material the roof being corrugated sheet or polythene paper and will be of a temporary nature;

(3)     "Non-ambulatory Disabilities:-

Impairments that, regardless of cause or manifestation for all practical purposes, confine individuals to wheelchairs;

(4)     "Semi-ambulatory Disabilities:-

Impairments that cause individuals to walk with difficulty or insecurity. Individuals using braces or crutches, amputees, arthritis, spasties and those with pulmonary and cardiac ills may be semi-ambulatory;

(5)     Hearing Disabilities:-

Deafness or bearing handicaps that might make an individual insecure in public areas because he is unable to communicate or hear working signals;

(6)     Sight Disabilities:-

Total blindness or impairments affecting sight to the extent that individual, functioning in public areas is insecure or exposed to danger;

(7)     Wheel Chair:-

Chair used by disabled people for mobility. The standard size of wheel chair shall be taken as 1050 mm x 750 mm.

(8)     Solar Assisted Water Heating System:-

A device to heat water using solar energy as heat source;

(9)     Auxiliary back up:-

Electrically operated or fuel fired boilers/systems to heat water coming out from solar Water Heating System to meet continuous requirement of hot water;

(10)   New Building:-

Such buildings for which construction plans have been submitted to competent authority for clearance;

(11)   Existing Building:-

Such buildings, which are licensed to perform their respective business;

Rule - 3. Power to relax rules.-

Notwithstanding anything contained in these Rules, a Municipality or other concerned authorities may, for reasons to be recorded in writing and with the previous approval of the State Government, relax any provision of these Rules for dealing with a case in a just and equitable manner.

Rule - 3a. For provision not covered in the byelaws.-

For requirement not specifically covered in this byelaw, the provisions of the latest edition of National Building Code and other relevant Indian Standards formulated by the Bureau of Indian Standards (BIS) shall be followed.

Rule - 3b. Repeal/amendment.-

Any provision(s) or part thereof of these Rules may be amended by the government. The total byelaw or part thereof, may also, if required, be kept in abeyance by the government.

Rule - 3c. Savings.-

For building(s) or part thereof constructed in urban areas, prior to the enforcement of these Rules, shall not be disturbed or affected by any means of these Rules.

PART II BUILDING

A. BUILDING SITES

Rule - 4. Criteria of using a piece of land as a building site.-

(1)     No piece of land shall be used as a building site in ULB areas unless the ULB is satisfied that -

(a)      land record is in conformity with the proposed construction and the plot of land is at least 100 sq. mt. in area for residential purposes and minimum 40 sq. mt. for the purposes other than residential purposes.

Provided that for plot size from 50 sqmt to less than 100 sqmt for Residential purpose and plot size less than 40 sqmt for other then residential purpose, construction upto single storied may be permitted subject to fulfillment of other provisions of these Rules.

(b)      the level of the land is not lower than the level of the approach road or the means of access on which the site abuts.

(c)      the land is capable of being well-drained by means of drainage facilities leading to existing public drains of drainage channels;

(d)      "the soil of the site should be capable of sustaining the construction and the building thereon under all conditions";

(e)      where the site is within 5.00 meters of any side of a tank, the owner will take such measures as shall prevent any risk of drainage from such building passing into the tank;

Explanation:- Soil will also include rocks, boulders, laterite, etc.

(2)     No piece of land in the concern ULB area located in a sinking zone or central business area, as determined by the local bodies, shall be used as a building site without prior approval of the State Government;

provided that for construction of any building on any piece of land in the ULB of the hill areas, prior investigation and testing of soil by a Government recognized investigating and testing organization, in respect of land shall be made;

(3)     No piece of land where a closed, sick or other industry is located or is in operation, shall be used as a site for construction of any building other than Industrial purpose.

(4)     No separate Non Agricultural (NA) permission shall be required in case land falls in the residential zone earmarked in the Master/Development Plan of the city/town, if exists.

Rule - 5. Applications for approval of buildings sites.-

(1)     Every site plan, shall show or state on the body of the drawing of the site plan the following:

(a)      the boundaries of the site and of any contiguous land belonging to the owner thereof with number assigned to plot/premises;

(b)      the position of site in relation to neighboring streets with dimensions;

(c)      the name of the street on which the site abuts;

(d)      the position of the building and of all other buildings including existing buildings(if any) which the applicant intends to erect upon his contiguous land referred to in clause (a) in relation to

(i)       the boundaries of the site and, in case where the site has been subdivided, the boundaries of the portion owned by the applicant and also the portions owned by the other owners, and

(ii)      all adjacent streets, buildings and premises within a distance of 12.0 meters of the site and of the contiguous land (if any) referred to in clause (a);

(e)      the use or occupancy of all the other existing buildings;

(f)       the direction of North point;

(g)      the means of access as per Rules 46 and sub-Rules thereon from the street to the building(s) and to all other buildings(if any) which the applicant intends to erect upon his contiguous land referred to in clause(a);

(h)     the schematic position and approximate height and the number of storyes of all other buildings within 12.0 meters of the site;

(i)       the free passage or way in front of the building;

(j)       the width of the street(if any) in front and at the rear of the building;

(k)      the means of drainage of the proposed building leading to existing public drains or drainage channels with their location in relation to the site;

(l)       the means of drinking water supply to the proposed building indicating the source and the distance from the site including the route through which the pipe line will be laid, if piped water supply is envisaged;

(m)    the means of power supply to the proposed building on the site, indicating the route through which power supply will be achieved;

(n)     "areas of distress";

(o)      such other particulars as may be prescribed by the local bodies;

(p)      the location of power-line, water line, sewer line, natural drainage channel/jhora road side drains, protective works;

(2)     in case of a promoter submitting site plan/building plan for approval, all provisions made in the updated version of Tripura Building Rules shall apply;

(3)     Every application made under Rule 5 shall be written on printed Form-A to be supplied by the ULB on payment of an amount not less than Rs. 10/- only.

Rule - 6. Further information required to be submitted by applicant.-

(1)     Within 15(fifteen) working days from the date of receipt of an application for approval of building site, the competent authority may required the applicant -

(a)      to furnish him with any information on matters referred to in these Rules which has not already been given in the documents there under; or

(b)      to satisfy him that there are, no objections which may lawfully be taken to the approval of the site.

Rule - 7. Incomplete or defective information.-

(1)     If any information or document required under these Rules is, in the opinion of the Local Body, incomplete or defective, it may within 15 (fifteen) working days from the date of receipt of the same, require further information or documents to be furnished.

(2)     If any requisition made under these Rules is not complied with within 1(one) month, the application for approval of the building-site may be refused.

Rule - 8. Signature on approved site plan.-

When the competent authority has approved any site plan, the approved plan/plans shall be signed by such officer as may be authorized in its behalf and in such manner as may be directed and two copies of approved site plan will be returned to the applicant.

Rule - 9. Control of development of parks, public open space, ponds, wetlands, canals, river and other water front and brick fields.-

(1)     For the purpose of these Rules, public open space shall mean any open space which is open to the use of enjoyment of the public, whether it is actually used or enjoyed by the public or not and whether the entry is regulated by any charge or not.

(2)     (a) Generally, parks and public open spaces shall classified for the purpose of these Rules into three following groups:-

(i)       the parks and public open spaces with area to 1500 Sq.m. shall be termed as small park and public open space;

(ii)      the parks and public open spaces with area more than 1500 Sq.m. but up to 7000 Sq.m. shall be termed as medium parks and public open spaces;

(iii)     the parks and public open spaces with area more than 7000 Sq.m. shall be treated as large parks and public open spaces.

(b) The structure above ground level shall be subject to the following provisions:

No structure other than the following shall be permitted in parks and public open spaces;

(i)       statue of public interest;

(ii)      structure related to play equipments and fixtures;

(iii)     structure related to public amenities provided that the height of such building shall not exceed 4.00 meters and that total area covered by such building shall not exceed 10% of the total of the small parks and public open spaces, 5% in the case of medium parks and public open spaces and 3% in the case of large parks and public open spaces.

(iv)    Boundary wall with maximum height of 1.50 mt.

For the purpose of calculation of total area of parks and public open spaces, as aforesaid, the area of water body, if any, shall be excluded.

(c) The underground structure shall be subject to the following Provisions:

(i)       no underground structure shall be allowed in small and medium park and public open spaces;

(ii)      In large parks and public open spaces underground structure for amenities or parking facilities may be allowed, provided such structure shall not affect the environment or create traffic problem.

(3)     No canal, pond, water body, wetland, river lets, jhora, water source, natural spring, streams, drains, culverts shall be filled up provided that after taking due consideration of the existing relevant Acts, the drainage slope, slip, landslide, ecology, culture, environment, pisciculture, fire fighting or any other material consideration and for reasons to be recorded in writing the Local Body with the prior approval of the State Government may allow any canal pond, rivulets, streams, rivers, flood plain area to be filled up.

(4)     In the case of a building in the zone of river (within 15 metres from river bank) or other water fronts of large water bodies (more than 1000 acres), -

(a)      the maximum permissible height of a building in such zone shall be 5.00 metres. In the case of a building on stilts, the maximum permissible height of the building shall be 6.50 metres including the stilts, the maximum height of which shall be 3.00 metres - In such building the stilted portion shall not be allowed to be walled up or covered along the sides- in such situations the stilted portion should be suitably stiffened as per provision of IS 1893:2000 to resist code based earthquake forces"

(b)      no building shall be more than 20.O0 metres long alongside the river or other water fronts. There shall be a clear linear gap of 50.00 metres between the two buildings alongside the river or other water front;

(c)      the maximum permissible covered area of such buildings shall be 200.00 Sq. metres;

(d)      the structures for recreational purpose conforming to this sub-Rule may be permitted within the adjoining land.

(5)     Existing bricks fields shall be allowed to be continued as brickfields within their own boundaries. After being declared as abandoned, the excavated portions shall have to be maintained by the owner at his cost as water bodies where pisciculture or any type of recreational activity may be allowed.

Rule - 10. Sub-division of plots.-

(1)     No sub-division of any plot within the ULB area shall be undertaken without the prior approval of the Local Bodies.

(2)     Generally -

(a)      plot to be subdivided shall be termed as mother plot;

(b)      Sub-division shall not be allowed if the mother plot abuts a means of access having a width of less than 3.50 metres for plains;

(c)      every individual plot obtained by sub- division of the mother plot shall abut a means of access having width of not less than 3.50 metres;

(d)      the junctions of means of access within the mother plot shall be provided with splayed corners measuring not less than 2.50 metres on each side;

(e)      these Rules shall not apply to a scheme for Economically Weaker Section and Low Income Group Housing approved by the Government;

(f)       sub-divisions may be allowed on the condition that the following facilities shall be provided by the owner at his own cost to the satisfaction of the Local Bodies;

(i)       drainage facilities with pucca drain ensuing drainage of each individual plot and of the means of access and passages leading to existing public drain or natural drainage channels;

(ii)      all weather means of access and related protective works, if necessary along with street lighting;

(iii)     street and passages along with street lighting;

(iv)    sanitary facilities including garbage disposal facilities;

(v)      water supply facilities;

(g)      no permission for sub-division of a plot of land shall be granted unless each sub-divided plot is at least 100 Sq. metres in area for residential purposes and 40 sq. meters for other than residential purposes;

(h)      no subdivision of a plot shall be granted unless a detailed layout plan of the area proposed to be sub-divided is submitted before the ULB duly integrating the site layout plan with the general use of the land in the adjoining areas.

The existing street pattern as also the other physical infrastructures facilities like drainage, sewerage, water supply, electricity supply with location of high tension or low tension electric line with poles axe also required to be shown.

(3)     The maximum permissible length for the means of access shall be as given in the following table;

Maximum length of the means of access

(4)     For mother plot measuring more than 5000 Sq. metres in area sub-division may be allowed, provided 8%(eight percent) the total area of the mother plot is developed as public open space. The width of each such open space shall not be less than 10.00 metres and each such open space shall abut a street having a width of not less than 7.00 metres. The minimum area of each such open space is one parcel shall be 400 Square metres. This open space shall be in addition to the land required for providing the means of access to the individual plots obtained by subdivision of mother plot.

(5)     For mother plots measuring more than 25,000.00 sq. metres in area, subdivision may be allowed, provided seven percent of the total area of the mother plot reserved for facilities like school, health centre, market, police outpost, milk booth, post office, power sub-station, transport terminal, water treatment plant, sewerage treatment plant and the like. Such land shall abut a street having a width of not less than 10.00 metres in addition to the land necessary for means of access and for open spaces mentioned in sub-Rule(3).

Rule - 10a. Amalgamation of land.-

(1)     Amalgamation of plots within the ULB area shall be allowed with prior approval of the ULB followed by a Registered Agreement.

(2)     Amalgamated plot(s) should satisfy the criteria in Rule 4(1).

(3)     Amalgamated plot should be considered as a unit for application of relevant Rules laid down in this Rule.

(4)     Building on amalgamated plot should be constructed at a time for full plinth area otherwise approved building plan will be treated as cancelled.

Rule - 11. Delay in sanction or refusal of site plan.-

(1)     Where the sanction of the site plan is not accorded by the Local Bodies and no reason is assigned in this behalf, or where sanction is not refused within a period of 60 days from the date of receipt of the application in this behalf or receipt of necessary particulars, whichever is later, the applicant may make a representation to the Mayor/Chairperson of the ULB.

(2)     Upon such representation, the Mayor/Chairperson shall after causing such enquiry as he may think fit and after giving the applicant an opportunity of being heard, convey sanction of the site plan either conditionally or unconditionally or refuse sanction stating reasons and communicate the same to the applicant within a period of 30 days from the date of receipt of the representation under sub-Rule (1).

Rule - 12. Masonry building not to be erected without special permission in certain cases.-

(1)     Save with the special permission of the Local Body no building (other than a hut) shall be erected unless -

(a)      the site of such building abuts on a public street or a projected public street or a private street duly sanctioned and constructed In accordance with the provisions of the Act or any other law in force immediately before the commencement of the Act; or

(b)      there is access to the building from any such street by a passage or pathway appertaining to such site, and not less than 2.40 metres wide at any part,

(2)     No building shall be erected so as to deprive any masonry or framed building of the appropriate means of access,

(3)     The following building shall be exempted from the operation of these Rules -

(a)      any building erected or intended to be erected by or with the sanction of the competent authority for use solely as a temporary hospital for the reception and treatment of persons suffering from any infectious or contagious disease;

(b)      any hoarding or like means of protection (other than a masonry wall) which the owner of any premises certifies to the competent authority, not less than seven days after erection to have been erected for the purpose of preventing threatened acquisition of any casement over his own premises or any portion thereof, provided, the stability of such hoarding or other means of protection is certified by the competent authority.

B. SUBMISSION OF BUILDING PLAN

Rule - 13. Application to the mayor/chairperson with a building plan for permission to erect a new building or to make addition or alteration to a building.-

(1)     No person shall erect a new building, or re-erect or make addition and/or alteration to any building or cause the same to be done without first obtaining a sanction from the Local Body under these Rules.

Provided that no such sanction is required to be obtained from the Local Bodies for -

(a)      erection, re-erection, addition to or alteration of -

(I)      an internal partition wall which does not violate any of the provisions of Act or these Rules, or

(II)     a parapet wall or a cornice or chajja within the boundaries or the site and not overhanging a street, so however, that the total height of the parapet wall shall not be more than 1.50 metres and width of the cornice or chajja shall not be more than 50 centimeters.

(b)      repairing of a staircase of lift-shaft.

(c)      transparent washing or painting.

(d)      re flooring of the surface of an existing floor,

(e)      re-conditioning of the surface of an existing floor, without changing the character and dimension of such roof, re-flooring of the surface of an existing floor, provided that no such work as is referred to in clauses(a) and (c) shall be undertaken without giving the Local Bodies 15(fifteen) days notice in writing giving the nature of work proposed to be undertaken;

(f)       erection of a false ceiling in any floor for air-conditioning, lighting or decorative purposes;

(g)      plastering and patch work;

(h)     providing or closing, an internal door or window or a ventilator, not opening directly opposite a door or a window of another building; (i) replacing or fallen bricks, stores or repairing of damaged pillars or beams; (j) repairing or renewing existing plumbing service,

(i)       carrying out such other work as is necessary in the opinion of the Local Bodies, for reasons to be recorded in writing, to maintain the building in a condition of good repair or to secure it to present danger to human life.

(2)     Every person intending to erect a new building or to make addition and/or alteration to any building, shall apply to sanction giving notice in writing in Form B along with following:-

(a)      copies of documents showing that the applicant has exclusive right to undertake such works;

(b)      duly authenticated copies of receipts showing payment of tax to the ULB for the quarter previous to the date of application in respect of the land, building or portion thereof upon which the building is proposed to be erected, re-erected, added to or altered and a declaration from the ULB stating that there is no arrear dues payable to the ULB,

(c)      a declaration, stating the name, address and other particulars of Architect or Licensed Building, Structural Engineer etc. as the case may be, along with their consent, who are engaged as per Rule 17;

(d)      requisite number of copies of the drawings as stipulated in Rule 14;

(e)      (i) certified copy of the approved site plan;

(ii) certified copy of the reports of tests for stability of slopes and for soil as per requirements in Rule 4 and such test report should also indicate the maximum load that can be transferred to the soil of the particular site safely;

(f)       receipt of deposition of fees as specified in sub-Rule(9) of Rule 14 of these Rules; and

(g)      in the case of steel towards, the authenticated copy of the relevant license issued by the Government of India or the State Government.

Rule - 14. Particulars to be furnished in, and with, an application.-

(1)     Every application made under Rule 13 shall, be written on a printed form (to be supplied by the ULB on payment of an amount not less than Rupees 10(ten) only or as may be determined by the ULB for each such form) and shall state the location of the site, reference number of approval of the site plan, the number assigned to the premises in the assessment book and its dimensions, and such other particulars as may be specified by the Local Body.

(2)     All site plans, building plans, elevations and sections shall be on drawing sheets which shall be in any of the sizes specified in the table below:-

TABLE -1

Drawing Sheet Sizes

(3)     The plans may be ordinary prints on Ferro-paper or other paper or blue printed, but one set of such plans shall be blue/ammonia printed. Prints of plans shall be on one side of paper only.

(4)     The plans shall be coloured as specified in Table 2.

TABLE - 2

Colouring of Plans

 

(5)     The Plan of the building, elevations and sections according to the application shall be accurately drawn to a scale of 1(one) meter to 1(one) centimeter and coloured in the manner as laid down in Table 2 of Rule-14.

(6)     The Plans, sections (longitudinal and sectional) and elevations of building shall indicate-

(a)      the floor plans of all the floors including roof plan together with the covered area;

(b)      existing building and the basement plan, if any, the sizes of rooms and spacing of structural members, and their materials;

(c)      the location of essential services, that is to say, water closet, sink, baths, septic tank and the like, and arrangement for drainage of sullage and other waste water disposal including sewer connection if any;

(d)      the sizes of footings, the thickness of basement walls, other walls, floor and roof slabs, the construction materials, sizes and spacing of framing members, floor to ceiling heights with their materials, taking at least one fully dimensioned section (both longitudinally and crosswise) through staircase, bath and water-closed as well as such other sections as would clearly indicate the details of architectural features, mezzanine floors, and lofts;

(e)      the front elevation and all other elevation from the abutting public streets;

(f)       the house drainage plan, and site drainage plan up to nearest Nagar Panchayat or Municipality or natural outfall;

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

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

(i)       the plans and details of private water

(j)       (i) the details of breast wall, retaining wall or other protective measures, if any, which are required to be undertaken;

(ii) no part of the proposed building shall be permitted to be erected directly over the retaining or other similar protective walls;

(k)      where structural design and/or soil/stability and similar other tests are necessary for a building under any provision of these Rules, the copy of details or reports and/or recommendations of soil/stability/other tests and/or copy of details of calculating for structural design duly signed by the competent personnel as specified in Rule 17. Details structural drawings including reinforcement detailing should also be submitted.

(7)     Doors and windows schedule shall show sizes of doors, windows, and frames.

(8)     The plan in its headline shall indicate specifically-

(a)      the purpose of construction,

(b)      the name of the owner,

(c)      the name of the police-station, and

(d)      the name and jurisdiction list number of mouza and cadastral survey number of the plot or plots, of the site, if required;

(9)     Every application shall be accompanied with an application fee of not less than Rupees 10(ten) only and not more than Rupees 30(thirty) only as may be determined by the ULB.

(10)   The nearest road of 3 m width or more with the pathway connecting the road and the site should be shown in case of plot abutting roads less than 3 m.

Rule - 15. Specification and other information to accompany the application with building plan.-

Every such application shall further be accompanied by a brief specification giving the following information:-

(a)      the materials and method of construction to be used for external walls, partition walls, foundations, roofs, floors, stairs, fire place and chimneys;

(b)      the manner in which roof and house drainage and the surface drainage of the site will be disposed of;

(c)      the manner, if any, in which it is proposed to pave the courtyard and open space in the building or premises and the scope to which the surface is to be made in each case;

(d)      the means of access that will be available for removal of nuisance;

(e)      proposed occupancy or use of the building for ensuring conformity with the provisions of chapter xiv of the Act;

(f)       the area of plot, area of the plinth of the proposed and existing buildings if any, and the area of open spaces left;

(g)      the number and area of each tenement, the area put to different occupancy or use group in all the floors of the proposed building including the same for existing building, if any;

(h)     safety measures proposed to be taken during the construction of the building;

(i)       for buildings other than residential and educational buildings, the means of ingress and egress of vehicles shall be indicated;

(j)       the position of water tanks with sizes which shall have to be constructed below ground or just above;

(k)      the area of garage (if any);

(l)       number of flats proposed to be built in each floor and total number of flats (if any); (m) calculation of F.A.R.

(m)    an indemnity bond in Form J in the case of building plans having provisions for deep foundation work, piling work, construction of basement or underground construction;

(n)     first aid and other provisions for dealing with fire,

(o)      such other particulars as may be determined by the Municipality/Nagar Panchayat having jurisdiction.

(p)      A certificate undertaking design for hazard safety in Form B-A;

Rule - 16. Preparation of plan and supervision of execution of work.-

(1)     Every person who intends to erect, re-erect or add to or alter any building shall get its plan prepared and structural work designed and supervised by an architect,/structural engineer/licensed building Planner as required under Rule 17 While submitting the plan the architect/licensed building Planner/structural engineer should certify to the effect that the site has been personally inspected while planning the building and/or designing the structural members, as well as has taken into account the findings of/or recommendations of stability analysis as well as examined the Soil Tests Reports as and where necessary under this Rule.

(2)     In all such cases, the licensed building Planner, structural engineer or geo-technical engineer shall have to be empanelled with the ULB.

(3)     The name and address and license or empanelment number of person so employed and serial number/registration number in the case of architect shall be stated in the application in respect of such buildings.

(4)     In case of building plans/site plans submitted by central or state government or by organization controlled by Central or State Government, if the plans are prepared and submitted under the signature of Government Engineer or Architect who are employees of the applicant organization, the Rule 16 (1) and 16(3) shall not be applicable.

Rule - 17. Engagement of technical personnel.-

(1)     Every person who intends to erect, re-erect, add to or alter any building shall subject to the provisions of the Act and these Rules, engage, -

(a)      for all buildings upto 4.5 M. in height, a technical personnel of at least a diploma holder Licensed Building Planner for planning, designing and construction of the building structure and the foundation;

(b)      for all buildings above 4.5 meters and up to 8.0 m. in height and/or for erection involving deep foundation works or construction of basement or any other underground structure thereto, a licensed Degree holder Building Planner and/or an Architect and a Structural Engineer for planning, designing and construction of the buildings including foundation;

(c)      for all other buildings above 8.00 meter and upto 14.0 m. in height and/or for erection involving piling works, deep foundation works or construction of basement or any other underground structure thereto or separately, a licensed degree holder Building Planner, an Architect, a Structural Engineer and a Geo-technical Engineer for planning, designing and construction of a building; and

(d)      for all other buildings above 14.0 meters in height, permission has to be sought from the state government through the ULB. Engagement of technical personnel shall be as per clause (c) above;

provided that licensed Building Planners, the Architect, the Structural Engineer and the Geo-technical Engineer will work in association with one another and they will be individually and/or collectively responsible for ensuring the safety of the building structure and its foundation;

(2)     In case of death, resignation, removal of Architect Structural Engineer, Geo-technical Engineer or Licensed Building Planner as the case may be, a fresh engagement shall be made forthwith and shall be notified to the Mayor/Chairperson of the ULB. No work shall be carried out in the intervening period, if any.

(3)     The validity of any engagement made under this Rules shall lapse, in the case an Architect with lapse of validity of registration granted under the Architect's Act, 1972 (20 of 1972), or in the case of a Structural Engineer and a Geo-technical Engineer with the lapse of empanelment, or in the case of Licensed Building Planner, with lapse the validity of license.

(4)     A Structural Engineer or a Geo- technical Engineer is also required to be empanelled with the ULB.

(5)     A Licensed Building Planner shall have -

(a)      at least a diploma in Civil Engineering or Architecture from a recognized university or an equivalent engineering qualification recognized by the Government and shall not have less than 2 years experience in planning, designing and execution of building work including sanitary and plumbing works related to buildings, or

(b)      a degree in Civil Engineering or Architecture from a recognized university or an equivalent Engineering qualification recognized by the Government and shall not have less than 2 years' experience in planning, designing and execution of building works including sanitary and plumbing works related to buildings.

Rule - 18. Time and manner of disposal of application under rule 13.-

Within 15(fifteen) working days from the date of receipt of an application with building plan, the ULB may require the applicant -

(a)      to furnish him with any information on matters referred to in these Rules which has not already been given in the documents there under;

(b)      to satisfy, him that there are no objections which may lawfully be taken to the approval of the building plans;

(c)      if any requisition made under these Rules is not complied with within 1(one) month, the application for approval of the building plans shall be treated as cancelled.

Rule - 19. Action to be taken while a building is under construction.-

1(one) copy of the sanctioned building plan and copy of the documents mentioned in Part II A 14 (6) shall be kept at the site of the building at all times when building operations are in progress and such plans shall be made available at all such times for the inspection of the ULB or of any officer authorized by it in that behalf.

Rule - 20. Sanction of building plan and permission to execute work.-

(1)     within 30 (thirty) days of the receipt of any application with building plan or of any information or documents which the ULB may reasonably require the applicant to furnish before deciding whether permission shall be granted to execute any work, the competent authority shall, by written order -

(a)      accord sanction, in Form 'C', to the building plan conditionally or unconditionally give permission to execute the work, or

(b)      refuse in Form 'D' on one or more of the grounds mentioned in section 126 of the Act to accord such sanction, or

(c)      accord sanction but impose conditions for permission to execute the work, or

(d)      accord provisional sanction under the proviso in section 125 of the Act:

Provided further that in the case of a provisional sanction, the applicant shall furnish a statement to the effect that, if he is unable to produce the license or permission as required, the provisional sanction would be at his own risk and cost and shall not be made final and the occupancy certificate under Rule 34 of this Rules shall not be issued in respect of the use other than that specified in the Building Plan.

(2)     The Building permit shall not be issued till a duly authenticated copy of a receipt showing payment to the ULB of the Building Permit Fees payable under Rule 25 of these Rules for the sanction of the buildings is produced before the Mayor/Chairperson of the Local Body.

Rule - 21. Power to cancel permission on the ground of material misrepresentation by applicant.-

If, at any time permission to erect any masonry or framed building has been given and the ULB is satisfied that such sanction, was granted in consequence of any material misrepresentation or fraudulent statement contained in the application or in the plans, elevations, sections or specifications submitted therewith in respect of such building the ULB may cancel such permission, and any work done there under shall be deemed to have been done without sanction.

Rule - 22. Appeal on refusal of sanction of building plan.-

Where permission has been refused, the applicant may make further appeal to the Local Body for re-consideration.

Rule - 23. Sanction of plan in case of delays.-

If within the period specified in these Rules, the Local Body has neither sanctioned nor refused to accord sanction to execute any work, the applicant may represent to the Mayor/Chairperson in writing, in this regard and if the representation is not disposed of within 30(thirty) days from the date of receipt of the representation, such sanction or permission shall be deemed to have been granted and the applicant may proceed to execute the work. So, however that nothing in the sanction shall be deemed to have permitted the applicant to contravene any of the provisions of this Rule or any other Rules or regulations applicable to such works.

Rule - 24. Duration and expiry of sanction of building plan.-

(1)     A sanction to erect a building accorded under these Rules shall be valid for 3(three) years from the date on which it is sanctioned and may be renewed thereafter for a further period of 2(two) years on payment, in the form of cash or bank draft, of such fees as may be determined by the Local Body on the basis of Rule 25, and on production of the previously sanctioned plan. A building plan may be revalidated for a further period of 5 years only in case a building has been partly completed and occupancy certificate in terms of Rule 34 has been issued as well as on production of the previous sanctioned/revalidated building plan, the completion certificate and on receipt of fees required to be paid as to be determined by the ULB from time to time;

provided that, if the application for renewal of a building is made after the expiry of 3(three) years, the same shall be accompanied by a renewal fee with a fine not being less than Rupees 2(two) thousand or as may be determined by the ULB concerned.

(2)     Any person who erects a building or continues the work of erection of a building after the permission sanctioned under these Rules has expired, shall be deemed to erect such building or to continue such work without sanction;

(3)     The erection of a building or work shall be completed within the period specified by the Local Body under section 211 of the Act.

Rule - 25. Fees for sanction of building plans.-

(1)     The ULB shall levy a minimum fee for sanction of building plan at such rates, specified in the following on the basis of the sanctioned total covered area in all floors - however maximum fees will not exceed 5 (five) times the minimum specified fees as given hereunder -

(a)      for load bearing buildings the minimum rate of fees would be Rs. 20/-(twenty) per sq.mt. and

(b)      for buildings proposed to be constructed by RCC structure, the rate of fees would be Rs. 25/-(Twenty five) per sq. mt.

(2)     In the case of steel towers, the ULB shall levy fees at the rate of Rs. 3/- (three) per cubic metre of the volume of such towers.

(3)     The ULB shall levy a development fee, in addition to the fees specified in sub-Rule(1) or sub-Rule(2), as the case may be, for passing the building whose Floor Area Ratio has been calculated on the basis of a means of access which is a National Highway, State Highway or any such access having an width of 15 metres or above, at such rates as may be determined by the ULB.

Rule - 26. Signature of approved plan.-

When the Mayor/Chairperson of Local Body has given permission to execute any work, the approved plans of the work shall be signed by such officer as may be authorized in its behalf and 1(one) set of approved plan and 1(one) set of certified copy of the approved plan shall be handed over to the applicant.

Rule - 27. Retention of plan and submission of fresh applications.-

When sanction to erect a new building (other than a hut) is refused,

(a)      the Mayor/Chairperson of the Local Body will retain two copies of plan and shall without charge, furnish applicant with its reason for such refusal in writing; and

(b)      the applicant may, at any time thereafter, send to Mayor/Chairperson of the Local Body a fresh application and fresh or modified documents under these Rules with the object of meeting the objections for which such sanction was refused.

C. COMMENCEMENT OF WORK

Rule - 28. Notice to the mayor/chairperson of the ulb before commencement of work.-

Not less than 7(seven) days before any person commences to erect or re-erect a building shall send to the Mayor/Chairperson a notice, in Form 'E', specifying the date on which he proposes to commence the work.

Rule - 29. Notice for completion of work up to plinth level.-

(1)     After the completion of the structural work up to the plinth level or up to 1(one) metre above ground level, whichever is higher, the applicant shall give a notice to the ULB in Form 'F' to enable him to inspect such work.

(2)     An officer of the ULB duly authorized in this behalf shall inspect the work at the site within 15(fifteen) days from the date of the receipt of the notice and within 7(seven) days of such inspection issue necessary direction, if any.

Rule - 30. Deviations during construction.-

(1)     No deviation from the sanctioned plan shall be made during erection or execution of any work.

(2)     Notwithstanding anything contained in sub-Rule (1),-

(a)      if during erection or execution of work any internal alteration within the sanctioned covered space which does not violate the provisions of the Act or these Rules, is intended to be made, the person referred to in sub-Rule(1) of Rule 13 shall inform the ULB by notice in writing along with a certificate from the Architect or the Licensed Building Planner, as the case may be, together with drawings incorporating the deviations and structural calculation in case of structural deviations, stating the nature and purpose of Plan' under Rule 33; of such deviations at east 15(fifteen) days prior to carrying out such erection or execution of work and may proceed with the execution of such work subject to the condition that such deviations shall be incorporated in the 'Completion plan' under Rule 33;

(b)      if during the erection or execution of work any external deviation beyond sanctioned covered space is intended to be made and which does not violate the provisions of the Act or these Rules, the person referred to sub-Rule (1) of Rule 13 shall, prior to carrying out such erection or execution of works, submit, in accordance, with the provisions of those Rules, a revised plan incorporating the deviations intended to be carried out, for obtaining necessary sanction thereof.

(3)     If no notice is served under clause (a) of sub-Rule (2) above, or the work of erection or execution is undertaken without the sanction referred to in clause( b) above, such erection or execution of work shall be deemed to be in contravention of the provisions of the Act and these Rules and shall be dealt with accordingly.

Rule - 31. Demolition of unauthorized construction.-

(1)     The ULB may order for demolition or alteration of any building/buildings, if the competent authority is satisfied -

(a)      that the erection of any building -

                                              (i)          has been commenced without obtaining the sanction or permission of the competent authority, or

                                             (ii)         is being carried on or has been completed otherwise than in accordance with the particulars on which such sanction or permission or order is based or after such sanction or permission has been lawfully withdrawn, or

                                            (iii)         is being carried on or has been completed in breach of any provision of the Act or these Rules or of any condition, modification, direction or requisition lawfully given or made under the Act or under these Rules.

(2)     If any material alteration of or addition to, any building has been commenced or is being carried on or has been completed in breach of any provision of the Act or these Rules or if any alterations required by any notice issued under these Rules have not been duly made, the ULB may, in addition to any prosecution that may be instituted under the Act, they make an order directing that such erection alteration or addition, as the case may be, or so much thereof as has been executed unlawfully or if any structure specified in the application or plan or specification as a structure to be demolished or altered before the erection of the new building has not been demolished or altered or if any material alterations or additions have been made, such alterations or additions shall -

(a)      be demolished by the owner thereof or altered by him to the satisfaction of the competent authority, as the case may require; or

(b)      be demolished or altered by the competent authority at the expense of the said owner;

provided that prior to carrying out any demolition of any building or part thereof as described in the notice, the owner of the building shall be given a notice stipulating therein the date and time to appear himself or through his authorized representative before the ULB who will hear the circumstances under which such deviation/unauthorized construction work has been carried out and after hearing record the order of the ULB and the said order shall be communicated to the owner officially.

(c)      all demolished materials shall be removed by the ULB at the cost of the owner or to the satisfaction of the ULB within a maximum period of 30(thirty) days from the date of demolition .

Rule - 32. Stoppage of erection of new building in certain cases.-

(1)     In any case the construction of a new building (s) is sought to be erected on a soil which is recently filled up (known from the records of Settlement or ULB about topography of the soil) pond, lake, marshy and sub-soil, the Mayor/Chairperson of the concerned ULB may seek a Soil Test Report issued by a competent authority along with the proposed building plan. Considering the Soil Report, the Mayor/Chairperson may restrict the maximum height of the building or he/she may advice to change the structural design or reject the construction of the said building.

(2)     In any case in which the erection of a new building or any other work has been commenced or is being carried on unlawfully, the Mayor/Chairperson may, by written notice, require the person carrying on such erection or other unlawful work to discontinue the same.

(3)     If any notice issued under these Rules is not duly complied with, the competent authority may, with the assistance of the police, if necessary, take such steps as it may deem needful in order to stop the continuance of the unlawful work.

(4)     If it appears to the competent authority that it is necessary, in order to prevent the continuation of the unlawful work, to depute any public or municipal officer to watch the premises, the cost of providing the same shall be borne by the person to whom the notice was addressed.

Rule - 33. Completion of work.-

After the completion of the erection of a building or the execution of any work, the owner of the building shall submit a notice of completion in Form 'G'. In case of deviation as stated in clause (a) of sub-Rule (2) of Rule 30, the notice shall be accompanied by 3(three) sets of building plan and marked 'completion plan' with all revisions and modifications including those referred to in sub-Rule (2) of Rule 30. The applicant shall duly sign the plans and also the concerned technical personnel specified in Rule 17;

Provided that for a residential or educational building in any municipal area, not exceeding 8.0 metre in height on a plot of 200 Sq. metre in area, application of this Rule may not be insisted upon but the owner will have to intimate in writing to the ULB about the completion of such building.

Rule - 34. Occupancy certificate.-

(1)     Within 7 (seven) working days of receipt of the notice of completion of building or work, the ULB or the authorized representative in this behalf, shall inspect the building or work and shall satisfy itself or himself that the erection of the building or the execution of the work has been done in accordance with the sanctioned plan.

(2)     Within 10 (ten) working days from inspection, the ULB shall, if it is satisfied that the building or the work has been completed in accordance with the sanctioned plan, issue an occupancy certificate, in Form 'H';

Provided that such certificate shall not be issued in the case of a building or any work for which provisional sanction was given unless the applicant produces before the Mayor/Chairperson the license or permission;

provided further that the occupancy certificate shall be issued only after all the extra materials like sand, boulders, stone chips, cement, steel, bamboo, timber etc. lying on the public road have been removed by owner and the damages to public property, if any, has been made good by the owner with his own cost to the entire satisfaction of the ULB.

(3)     After due verification, one set of the building plan shall be returned to the applicant with the endorsement of approved completion plan under the signature of the Mayor/Chairperson or an Officer authorized in this behalf.

(4)     The ULB may, upon a written request from an applicant and on his furnishing an Indemnity Bond undertaking to indemnify the ULB against any risk, danger or damage to any person, whether an occupier or not, and or his giving an undertaking to ensure in such manner as the ULB may specify, public safety, issue a partial occupancy certificate, subject to the provisions to sub-Rule (1) and the proviso to sub-Rule (2); provided that no partial occupancy certificate shall be issued unless the ULB is satisfied that the portion for which such partial occupancy is solicited is in a habitable condition; provided further that when the erection of the building or the execution of the work is completed within the period or the extended period provided for in the Act, the applicant shall apply for conversion of the partial occupancy certificate or issue of an occupancy certificate, and such certificate may be issued in accordance with the provisions of these Rules.

(5)     In case where the occupancy certificate is refused, the ULB shall communicate the reasons thereof in writing to the applicant within 15 (fifteen) days from the date of receipt of the notice of completion of the work.

(6)     In case where, in the opinion of the ULB the building or the work has not been completed in accordance with the sanctioned plan, it may take necessary action in accordance with the provisions of the Act and these Rules.

(7)     The ULB shall not permit connections to be made to municipal water mains and municipal drains, if any, from any new building in respect of which occupancy certificate has not been issued;

provided that the ULB may order severance of such connections if he is of the opinion that the conditions of the partial occupancy certificate are being violated or if further erection of the building or execution of the work is proceeding contrary to the sanctioned plan.

(8)     The ULB shall not permit construction to be made to municipal water mains, if any, from any new building in respect of which water connection fee, as may be specified by the ULB from time to time, has not been paid in advance.

Rule - 35. Delay in issue of occupancy certificate.-

(1)     In case where, within a period of 30 (thirty) days from the receipt of the notice of completion, the ULB fails to issue an occupancy certificate or to communicate refusal the applicant may make a representation in writing to the Mayor/Chairperson.

(2)     The Mayor/Chairperson shall, after such enquiry as he may think fit, and after giving the applicant an opportunity of being heard, issue the occupancy certificate or communicate refusal of the same to the applicant within a period of 30(thirty) days from the date of receipt by the Mayor/Chairperson of the representation.

Rule - 36. Prohibition of use of building without occupancy certificate.-

No person shall occupy or permit to be occupied a building erected or re-erected or altered under the Act in respect of which an occupancy certificate or a partial occupancy certificate under these Rules has not been issued by the ULB.

Rule - 37. Work subsequent to issue of occupancy certificate.-

If any re-erection or addition or alteration of a building in respect of which an occupancy certificate has been issued is intended, a fresh notice under the Act or these Rules, as the case may be, shall be necessary.

Rule - 38. Notice for covering up drains, etc.-

(1)     Before proceeding to cover up drains or appliances connected with the drainage the applicant shall give a notice to the ULB in Form 'I' stating that such drains or appliances are ready for inspection and shall specify the date and hour not being a date earlier than 7(seven) days from the date of the notice on which he will proceed to cover up such drains or appliances.

(2)     An officer of the ULB duly authorized by the ULB in this behalf shall inspect the work at the site, within 3(three) days of such inspection, issue necessary direction, if any.

Rule - 39. Power of mayor/chairperson of the ulb, to guard against accidents during construction or repairs.-

(1)     The Mayor/Chairperson of the Local Body, so far as practicable during the construction or repair of any building, street, drain, water-supply line or other premises vested in the ULB or in an owner, cause proper precaution for guarding against accident to be taken by shorting up and protecting the adjoining buildings, and shall cause such bar, char or post as it shall think fit, to be fixed across or in any street to prevent the passage of any carriage, cart or other vehicle, or of cattle, and avert danger while such construction or repair is being carried on, and shall cause such construction or repair work in a street to be sufficiently lighted and guarded during the night.

(2)     Whoever takes down, alters or removes any such bar, chain or post or removes or extinguishes any such light without the authority or consent of the Mayor/Chairperson of the ULB shall be published with fine which may extend to Rs. 250/-( two hundred and fifty) only.

Rule - 40. Power of mayor/chairperson of the ulb to cause hoards or fences to be set up during construction, repair, etc.-

A person intending to construct or take down any building or any other structure or to alter or repair any other structure externally shall, if the position or circumstances of the work is or are likely to cause, or may cause obstruction, danger or inconvenience in any street, before beginning such work -

(a)      obtain beforehand permission in writing from the Mayor/Chairperson of the ULB so to do; and

(b)      cause sufficient hoards or fences to be put up in order to separate the area where the work is to be carried on, from the street, and shall maintain such hoards or fences standing and in good condition to the satisfaction of the Mayor/Chairperson of the ULB during such time as the Mayor/Chairperson of the ULB considers necessary for the public safety or convenience and shall cause the same to be sufficiently lighted during the night and shall remove the same when directed by the Mayor/Chairperson of the ULB.

Rule - 41. Power as to inflammable structures.-

(1)     (a) The ULB may, by public notice, direct that within certain limits to be fixed by the competent authority, the roofs and external walls of huts or other buildings shall not be made or renewed with grass, mats, leaves or other highly inflammable materials without the consent of the Mayor/Chairperson in writing.

(b) The competent authority may, at any time, by written notice, require the owner of any building(s), which has an external roof or wall made of such material as aforesaid, to remove such roof or wall within such reasonable time as shall be specified in the, notice, notwithstanding that the public notice has not been issued or that such roof or wall was made with the consent of the competent authority or before the issue of such notice, if any, provided that in case of any such roof or wall in existence before the issue of such notice or made with the consent of the competent authority, the competent authority shall pay compensation for any damage caused by the removal, which shall not exceed the original costs of construction of the roof or wall.

(2)     The floors of the lobbies, corridors, passages and landings of a building other than residential or educational shall be, constructed of incombustible materials; the doors shall be constructed of fire-resisting materials and the flights of stairs shall be constructed either of incombustible materials or fire-resisting material.

(3)     The following material shall, for the purpose of this Rule, be deemed to be incombustible:-

(a)      brick-work constructed of bricks, well-burnt, hard and sound, properly bounded and solidly put together with -

                                              (i)          mortar compounded of lime and sharp clean sand, hard clean broken brick, broken flint, gills or slag, well pulverized, or

                                             (ii)         cement mixed with any of the materials mentioned in sub-clause (i);

(b)      granite or other stone which is suitable for building purposes by reasons of its solidity and durability;

(c)      slate, tiles, bricks and terracotta, when used for covering or corbels;

(d)      flag-stones when used for floors over arches, if not exposed on the underside and if not supported at the ends only;

(e)      concrete, composed of broken brick, stone chippings of selected slag and lime, cement or calcined gypsum, when the concrete is used for filling is used for filling in between joints of floors to a depth of not less than ten centimeters;

(f)       any combination of concrete, steel or iron or any other materials approved in this behalf from time to time by the Local Body.

Explanation:- In this Rule, the expression, brick, lime or cement shall mean respectively such brick, lime or cement as conform to the standard and quality specified in this behalf in the latest edition of the National Building Code.

(4)     The following materials shall, for the purpose of sub-Rule (2), be deemed to be fire-resisting, but not incombustible:-

(a)      sal, teak, and other hard timber, when used for beams or posts or in combination with steel, the timber and the steel(if any) being protected by plastering in cement or other incombustible or non-conducting external coating;

(b)      in the case of staircase, sal, teak or other hard timber, not less than four centimetres thick; and

(c)      in the case of staircase, sal, teak or other hard timber, the treads and risers being not less than four centimetres thick.

Rule - 42. Distance from electric lines.-

No building, or veranda, or balcony or projection in any building shall be permitted to be erected, re-erected, added to or altered in any case where the distance between such construction and any overhead electric lines, in accordance with the provision of the Indian Electricity Act, 1910(9 of 1910) as amended time to time, and the Rules made there under, is less than that specified hereinafter:-

("m" indicates metre)

 

Rule - 43. Notification by state government for fire protection.-

The State Government may from time to time prescribe in the interest of public safety, by notification; such other conditions as may be necessary for the fire protection, fire prevention and fire fighting in relation to any case of buildings and the ULB shall comply with such conditions.

Rule - 44. Rat-proofing.-

(1)     Every building or part thereof, designed or intended for use for dwelling, storage or sale of good stuff, shall conform to the requirements specified in sub-Rule (2) and (3).

(2)     Every such building, unless supported on posts, shall have continuous foundation walls, extending from at least 60(sixty) centimeters below ground level, or shall have continuous floor of masonry or reinforced or other equal rat-proof material or materials as approved by the ULB.

(3)     All openings in such foundations or floors, windows and drains and all junctions between foundation walls and building walls shall be effectively rat-proofed, that is, windows and doors shall be tight-fitting, other openings shall be securely covered with rat-proof screening or shall be tightly closed with metal sheeting, concrete or other equal rat-proof materials as may be approved by the Competent Authority of the ULB.

PART-III MEANS OF ACCESS, GROUND COVERAGE, PERMISSIBLE HEIGHT

Rule - 45. Rules for means of access.-

(1)     (a) Every plot shall abut a means of access which may be a public street or private street or passage.

(b) The relationship between the width of the means of access and the maximum permissible height of building shall be as indicated in these Rules.

(2)     The minimum width of means of access in respect of a new building shall be as follows:-

                              (i)          In the case of a residential building, with other occupancies, if any, on less than 10% of the total covered area of building, the width of such street or passage shall not be less than 1.80 metres at any part;

                             (ii)         In case of a building other than residential purpose having occupancy on 10% or more of the total covered area of the building, the width of such street or passage shall not be less than 8.00 metres at any part.

(3)     Any building which is fully or partly put to assembly occupancy for the purpose of theatre, motion picture house, city hall, skating ring, auditorium, exhibition hall or for similar other purposes shall not be allowed on a plot located within 50 metres of junction of two streets, the width of each of which is 10.00 metres or more.

Rule - 46. Ground coverage in respect of buildings.-

(1)     The maximum permissible ground coverage for building, when a plot contains a single building, shall depend on the plot size and the use of the building as given in the table below:

TABLE

Maximum Permissible Ground Coverage

(Plot containing a single building)

(2)     When a plot contains more than one building the maximum permissible ground coverage for the building shall be as stipulated in Rule 51.

Rule - 47. Permissible height of buildings.-

(1)     Height of a building shall be the vertical distance measured from the average level of the centerline of the adjoining street or passage on which the plot abuts, to the highest point of the building, whether with flat roof or sloped roof.

(2)     (a) The following appurtenant structures shall not be included in the height of the building:-

(i)       stair cover not exceeding 2.40 metres in height;

(ii)      lift machine room as per the latest edition of the National Building Code;

(iii)     roof tanks with their supports, the height shall not exceeding 1.80 metre;

(iv)    chimneys;

(v)      parapet walls not exceeding 1.50 metres in height;

(vi)    ventilating, air conditioning and other services equipments;

(vii)   height above mid-point between caves level and ridge level.

(b) The aggregate area of the structures mentioned in clause (a) shall not exceed one-third of the area of the roof upon which these are erected.

(3)     The maximum permissible height of buildings on a plot shall be as given in the table below:

TABLE

(4)     For any building to be erected or re-erected or added to in the vicinity of aerodrome, or which may affect the functioning of any microwave system for telecommunication purposes, the height of such building shall be governed by such Rules or directions as may be made or issued in this behalf by Central Government or any other concerned authority.

(5)     The ULB may, if necessary, restrict the height of buildings in any area within the ULB, below that provided under sub-Rule(3) for reasons to be recorded in writing.

PART – IV OPEN SPACES

Rule - 48. Open spaces for building.-

(1)     Generally,-

(a)      every room intended for human habitation shall abut an interior or exterior open space or an open verandah, open to such interior/exterior open space. Open spaces shall be areas forming integral parts of the plot at ground level and shall be open to the sky without any projection or overhang excepting cornices, chajja or weather shades of not more than 0.50 metre width;

(b)      every building shall have exterior open spaces comprising front open space, rear open space and side open spaces. The minimum width prescribed for front open space, rear open space and side spaces shall be provided along the entire front, rear and side faces of the building respectively. For this purpose the front of the building shall be that face of the building which faces the means of access of the building and the rear part of a building shall be deemed to be that face of the building which is farthest from the means of access. These provisions shall also be applicable to each individual building separately when a plot contains more than one building. In the case of a corner plot located at the crossing of more than one street or passage, the rear of the building shall be deemed to be that face of the building which is farthest from the widest of all such streets and or passages;

(c)      open spaces prescribing to one site cannot be taken for another site. No building shall at any time be erected on any open space prescribed in these Rules for a building and form part of the site thereof, nor shall such open space be taken into account in determining the area of any open space required under these Rules for any other buildings;

(d)      if the front open space is 3.00 metres or more in width a gate Goomti for security purpose may be allowed in the said open space . The covered area of such Goomti shall not in any case exceed 3.00 sq. metres and shall not be included in calculation of Ground Coverage.

(2)     The minimum front open spaces shall be as follows:-

Provided that any building on a plot not more than 165 sqm and upto 8.00 m high of buildings should have minimum 1.20 m front open space.

Provided further that for mixed use buildings, the minimum front open space shall be the one applicable for that particular occupancy which gives the highest provision of the minimum front open space in this Rule.

(3)     The minimum rear open space shall be as follows:-

Every building shall have a minimum rear open space at ground level of a width at its narrowest part of not less than that indicated below:-

(4)     The minimum side open space shall be as follows:-

(a)      every building shall have minimum side open spaces at ground level of width at its narrowest past of not less than that indicated hereinafter -

(b)      Notwithstanding anything contained in clause (a) above, the minimum distance across the side open space from every new building, to an existing building with a door or window opening shall be 1.80 metres.

(c)      notwithstanding anything contained in clause(a) above, the minimum width of side open spaces for an industrial or storage or mercantile (wholesale) building shall be 3.50 metres;

(d)      in the case of a building more than 24.00 metres in depth on a plot abutting any street a passage along the entire depth of the building shall be provided and the minimum width of such passage shall be 4.0 metres.

(5)     The interior open space shall be as follows:-

(a)      for inner courtyard, -

In case the whole of one side or part of at least two sides of every room excepting bath, water-closets and store-room is not abutting either the front, rear or side open spaces, it shall abut an inner courtyard whose minimum width shall be 30% of the height of the building or 3.00 metres whichever is more.

(b)      for ventilation shaft, that is to say, for ventilating water closet and bath-room such water closet or bath-room if not opening to front side, rear or interior open space, shall open on to a ventilation shaft, the size of which shall not be less than the values given below:-

Note: No chajja shall be allowed in the ventilation shaft unless the width of shaft is 2.40 metres or more.

(c)      if there be building, other than boundary wall on not more than three sides of a building the minimum width of such courtyard, shall not be less than 20% of the height of the building or 2.50 metres whichever is more.

Rule - 49. Provision of parking space for a building within a plot.-

(1)     Generally -

(a)      the minimum size of a car parking space shall be 2.40 metres x 4.50 metres and that for a truck or bus parking space shall be 3.75 metres x 10.00 metres. These spaces do not include the area of circulation internal roads, aisles and driveways. The minimum width of an internal circulation road shall be 3.50 metres for cars and 5.00 metres for trucks;

(b)      in calculating the number of parking Spaces as per the norms laid down in sub-Rule (2) hereinafter the covered area shall be the same as the total covered area of the building but shall exclude the area of covered parking spaces, if any;

(c)      the parking lay-out plan shall be so prepared that the parking space for each vehicle becomes directly accessible from the drive-way or circulation drive-way or aisles. This clause shall not be applicable to residential building up to 14.0 metres in height;

(d)      the open spaces within the plot may be allowed to be utilized for car parking spaces open to the sky provided that the minimum front, rear and side open spaces prescribed in Rule 48 & 50 as the case may be, shall be kept free from parking;

(e)      for areas with different occupations in a building the number of parking spaces shall be worked out on the basis of each of the occupancies separately and total number of parking spaces required for the building;

(f)       in case of a plot containing more than one building; parking requirement shall be calculated for each building separately, on the basis of use of each building;

(g)      in calculating the areas of different occupancies in the same building, the areas of common spaces of any floor, which are included in the calculation of the total covered area shall be distributed proportionately amongst the different occupancies;

(h)     for plots in a scheme for Economically Weaker Section and Lower Income Group Housing under Government approved schemes, the parking requirement shall be as indicated in Rule 54.

(i)       for plots with means of access of less than 2.40 meters in width, car parking space may not be provided;

(2)     The minimum parking requirement shall be as follows-

(3)     In case stilt structures are included in the building plan for parking or other use then providing adequate shear walls and/or cross bracings in stilt structures is mandatory.

Rule - 50. Tall buildings (exceeding fourteen and half meters in height).-

In ULB the building height shall not normally be more than 14.50 meters (fourteen and half). But in the case of any building exceeding 14.50 meters in height, the ULB, for reasons to be recorded in writing and with the previous approval of the State Government with the support of the Technical Appraisal Committee (TAC) constituted as per sub-Rule 8 of this Rule, may sanction such proposal(s) as special case if not otherwise covered by any law for the time being in force. In such cases the following special Rules shall be applicable in addition to other Rules under the Act:-

(1)     no building exceeding 14.5 (fourteen and half) meters height shall be allowed on private or public street of less than 15.00 meters in width;

(2)     for every category of building referred to in Rule 49(2) and exceeding 14.5 (fourteen and half) meters in height shall have a front open space of not less than 20% of the height of the building or 6 meters at its narrowest part, whichever is less subject to minimum as specified in Rule 48(2).

(3)     (a) every building exceeding fourteen and half meters but not exceeding 18.0 (eighteen) meters in height shall have a rear open space at ground along the entire width of the building forming an integral part of site of a minimum width of five meters;

(b) every building exceeding 18.0 (eighteen) meters in height shall have a rear open space at ground along the entire width of the building forming an integral part of the site of 20% of the height of the building subject to the minimum of five meters;

(4)     (a) the minimum side open space of a building exceeding 14.5(fourteen and half) meters but not exceeding 18.0(eighteen) meters in height shall be 3 meters and 50 centimeters on either side or more;

(b) the minimum side open space of a building exceeding eighteen meters in height shall be 20% of the height of the building subject to the minimum of five meters and fifty centimeters on either side;

(c) in the case of a building of more than 24 meters in depth and not exceeding 18 meters in height one of the side shall be at least 4 meters in width;

(5)     (a) in case the whole of one side or part of at least two sides of every room excepting bath, water-closets and store-room, is not abutting either the front, rear or side open spaces, it shall abut an inner courtyard whose minimum width shall be 20% of the height of the building or 3 meters, which ever is more; (b) for ventilating water closet in bathroom such water closet or bathroom or kitchen or any room not intended for human habitation, if not opening on to front, rear, side or interior open space, shall be up to a ventilation shaft, the size of which shall not be less than the values given below:

For building of height of more than 14.50 meters in height a mechanical ventilation system shall be installed besides the provision of ventilation shaft; (c) if there be building other than boundary wall of not more than three sides of a court yard, the minimum width shall be 20% of the height of the building or 2.50 meters which ever is more;

(6)     (a) for every building exceeding fourteen and half meters in height, the Floor Area Ratio shall be as specified in the table below:

TABLE

Maximum Permissible Floor Area Ratio (FAR)

Commercial Zone, if any

(b) while calculating the floor area under this Chapter, the following shall be excluded namely:-

                                                              (i)          stair cover not exceeding 2.4 meters in height,

                                                             (ii)         lift machine room as per latest edition of the National Building code,

                                                            (iii)         roof tanks with their support, the height shall not exceeding 1.8 meters,

                                                            (iv)        chimney, ventilating, air-conditioning and service equipment attached to the building: Provided that the aggregate area of these structures mentioned at (i) to (iv) above shall not exceed one-third area of the roof upon which these are erected,

                                                             (v)         the area of covered car parking spaces as may have been provided for the required number of car parking, spaces in accordance with Rule 50, and for this calculation the area required for one car parking space shall be taken as 20 sq. meters inclusive of all circulation spaces.

(7)     for construction of steel towers, the criteria specified for buildings above 14.5 meters in height shall be followed .

(8)     A Technical Appraisal Committee (TAC) as provided in Rule 50 shall be constituted by the Urban Development Department which will support the State Government in giving approval of building plan having height more than 14.5 meter .

PART-V REGULATION FOR MORE THAN ONE BUILDING IN ONE PLOT

*****

Rule - 51. Regulation for more than one building in one plot, existing building and the buildings under govt. Approved schemes.-

(1)     (a) Every building on a plot containing more than 1(one) building shall abut an internal road connecting the means of access of the plot.

(b) The minimum width of such internal roads shall be 3.50 meters where internal road of 3.50 meters in width is not possible to be provided due to an existing building constructed prior to the enforcement of these Rules, a building of not more than 8.0 meters in height may be allowed, provided that the width of the internal road shall not be less than 1.20 meters.

(c) The maximum permissible height of any building on a plot shall be determined by the width of the means of access on which the plot abuts according to the table given in sub-Rule(3) of Rule - 48.

(d) The minimum width and the maximum length of all such internal roads shall be as prescribed in the table below:

(e) In case the buildings within a plot which are not of the same occupancy, an individual building of any particular occupancy shall comply with the Rules governing such occupancy except the provisions regarding ground coverage which shall be in accordance with sub-Rule(2) of this Rule.

(2)     Ground Coverage shall be as laid down below:-

for plots measuring 5,000 sq. mts or more in area, the maximum permissible ground coverage shall be 45% for residential or education buildings and 35% for buildings of other use groups or for buildings with mixed occupancies:

provided that the provisions of Rule 47 shall be applicable to plots measuring less than 5,000 sq. meters.

(3)     open space for Building shall be as laid down below:-

(a)      every building shall have minimum external open space prescribed in Rule 49, provided that on these open spaces internal roads may be constructed.

(b)      for plots measuring more than 5000 sq. meters in area, provision of 8% of the total area of the plot is to be kept as public open space. The width of each such open space shall not be less than 10.00 meters and each such open space shall abut a street having a width not less than 7.00 meters. The minimum area of each of such open space in one parcel shall be 400 sq. meters This open space shall be in addition to the land required for providing the means of access to the individual plots as prescribed in Rule 46.

(c)      for plot measuring more than 25000 sq. meters in area provision of 7% of the total area of the plot shall be reserved for use for facilities like School, Health Centres, Market, Police Outpost with both Post Office, Power Sub-station, Transport Terminal water Treatment plant, Sewerage Treatment plant and the like, such land shall abut a street having a width of not less than 10.00 meters in addition to the land necessary for means of access and for open spaces sanctioned in clause(b) of this sub-Rule.

(4)     The parking provision shall be the same as stipulated in Rule 49.

Rule - 52. Provisions regarding existing building.-

(1)     The provisions of these Rules shall apply only in the case of an existing building. Existing building, for this purpose, shall mean any building which was erected before the date of coming into force of these Rules in accordance with a building plan sanctioned by a authority competent to sanction such building plan under the Tripura municipality Act, 1994 or any other law for the time being in force.

(2)     In the case of existing building. -

(a)      excepting storage buildings, where the open spaces required have not been provided an addition in the number of storeys, if otherwise permissible, may be allowed with a se back, provided such building continues with the same occupancy: provided that no formal set back may be necessary up to a height of 8.0(eight) meters for adding only one floor over an existing single storied residential building;

(b)      the extent of the set back from the property boundary shall be such as to make the addition to the building conform to the provisions of Rules 47 and 49;

(c)      if any car parking space is required to be provided under these Rules and no such car parking space can be provided in such existing building, the covered area allowable under the provisions of these Rules shall be reduced by the area required for such car parking space which can not be provided in the said building;

Explanation.- For the purpose of calculation, the area required for one car parking space shall be taken as 20.00 sq. meters.

(d)      the height of the building shall conform to the Rules as indicated in Rule 48 and in no case after addition the height shall exceed 14.0 meters ;

(e)      the addition to an existing building with residential occupancy shall not exceed 200.00 sq. meters in covered area;

(f)       the addition to an existing building with educational occupancy shall riot exceed the total covered area of the existing building;

(g)      the addition to an existing building with other occupancies including mixed use building but excepting storage building shall not exceed 100.00 sq. meters in covered areas;

(h)     in case of partition of existing buildings common wall may be allowed as the partition line.

Rule - 53. Provisions for maintenance, demolition of an existing building/structure.-

In case of any report(s) against an existing building/structure or part thereof or is older than 50(fifty) years and is not safe for human habitation or any other purposes, a Joint Expert team, constituted by the competent authority, comprising expert(s) from ULB and PWD will verify that reported building/structure and submit a report to the competent authority regarding the latest structural condition of that building/structure or part thereof and the authority will take decision about its continuation of existence or demolition or necessary repairing works needed to be undertaken on the basis of the report of the Joint Expert team. In that case, if any safeguard measure or measures are required to be taken or it becomes necessary to demolish the reported building/structure, the owner(s) shall have to do it within the time-bound period at his/their own cost or the authority will take necessary measures accordingly.

Rule - 54. Provisions for buildings constructed under government approved schemes.-

(1)     Notwithstanding anything contained elsewhere in these Rules the provision of this chapter shall apply in respect of matters provided therein, in the case of buildings constructed by Governments, or any of the statutory bodies under any Government approved scheme, for residential use of persons belonging to Economically Weaker Section (EWS) or Lower Income Group (LIG) or of industrial workers.

(2)     For plotted development the minimum size of a plot shall be 40 square meters and the maximum size of the plot shall not be more than 65 square meters.

(3)     (a) No building shall be constructed on a plot if the width of the means of access to the site is less than 1.8 meters.

(b) No building exceeding 8.0 meters in height shall be allowed on a plot if the width of the means of access to the site is less than 2.4 meters.

(4)     The maximum permissible ground coverage shall be 75% of the area of the plot.

(5)     The maximum height of the building shall be 14.5 meters.

(6)     The minimum front open space for a building shall be 1.0 meters.

(7)     The minimum rear open space for a building shall be 0.8 meter.

(8)     The buildings may be of the row housing type and the maximum length of the building in a row shall be 50 meters. After every 50 meters of length of the building in a row, there shall be an open space of not less than 2.5 meters in width for the entire depth of the building;

Provided that such open space shall not be necessary if there is a street or passage at such location, the minimum width of which is 2.5 meters.

(9)     No parking space within the plot shall be necessary.

(10)   ULBs shall adopt pre-approved building plans/layout plans for Economically Weaker Section (EWS)/Lower Income Group (LIG) housing for plot size not more than 65 square meters. Any person belonging to EWS/LIG category may adopt any pre-approved building plans/layout plans and directly approach to ULB for obtaining sanction.

PART VI REQUIREMENTS OF PARTS OF BUILDINGS

Rule - 55. Plinth.-

(1)     The plinth or any part of a building or any accessory building shall be so located with respect to the crest of the road level that adequate drainage of the site, in such situations, the stilted portion should be suitably stiffened to resist design earthquake forces assured and it shall in no case be at a height less than 60 centimeters.

Provisions shall have to be followed as per IS Guide listed in Annexure. Suitably add provisions for "Low income housing (plinth max 40 Sq. meters) as per IS: 8888-1993 Guide for requirements for low-income housing".

(2)     Every inner courtyard shall be raised at least 15 centimeters above the level of the center of the nearest street and shall be satisfactorily drained.

(3)     In case of buildings having parking provision at ground floor, the plinth height in no case is at a height less than 15 centimeters.

Rule - 56. Habitable room.-

(1)     No habitable room shall have an area less than 9.50 sq. meters having a minimum width of 2.40 meters, where there is only one room. In case of more than one room, one of these rooms shall be not less than 9.50 sq. meters with a width of 2.40 meters at the minimum and the others shall not be less than 7.50 sq. meters in area with a minimum width of 2.10 meters.

(2)     No habitable room shall have, a height of less than 2.75 meters measures from the surface of the floor to the lowest point of the ceiling or the underside of any slab:

Provided that in the case of any centrally air-conditioned building, the height of any habitable room shall not be less than 2.4 meters measured from the surface of the floor to the underside of any slab or false ceiling, as the case may be:

Provided farther that the height from the surface of the floor up to the beam shall not be less than 2.4 meters;

Provided also that in the case of any pitched roof the average height shall not be less than 2.75 meters and the minimum height at caves level shall be 2.1 meters.

(3)     All rooms in any buildings irrespective of their use group, utilized for human habitation shall conform to sub-Rules (1), (2) and (3)

(4)     Any room to be used as retail shop shall have a minimum clear height of 2.3 meters measured from floor to bottom of the ceiling or beam, whichever is lower;

Rule - 57. Roof.-

(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, and so arranged, joined and fixed as to ensure that the rainwater is carried away from the building without causing dampness in any part of the walls or foundations of the building or those of an adjacent building.

(2)     The ULB may require rain-water pipes to be connected to a drain or sewer through a covered channel formed beneath any street to connect the rain-water pipe to a road gutter or any other approved device.

(3)     Rain-water pipes shall be affixed to the outside of the walls of the buildings in recesses or chases cut or formed in such walls or in such other manner as may be approved by the ULB.

(4)     Every terrace on the top most storey of any building shall have a common access and shall not be sub-divided.

Rule - 58. Kitchen.-

(1)     No kitchen shall have a floor area of less than 4.5 sq. meters and width of less than 1.8 meters:

Provided that if any kitchen is to be used for eating purposes also, such shall not be less than 9.5 sq. meters and the width shall not be less than 2.4 meters.

(2)     No kitchen shall have a height less than 2.5 meters measured from the surface of a floor to the lowest point in the ceiling or the underside of any slab except from the portion to accommodate any floor or any upper floor.

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

(a)      unless separately provided with any pantry meant for the washing of kitchen utensils which shall land directly or through a sink to grated and trapped connection to waste pipe;

(b)      an impermeable floor;

(c)      a window of not less than 1 sq. meter in area opening directly to an interior or exterior open space, or into any shaft;

(d)      a flue, if necessary;

(e)      a refuse chute for discharge of solid wastes, in case of any building exceeding 18.0(eighteen) meters in height.

Rule - 59. Pantry.-

(1)     No pantry shall have a floor area of less than 3 sq. meters and a width of less than 1.4 meters.

(2)     Every pantry shall have -

(a)      a means of the washing kitchen utensils, if not provided in the kitchen, which shall lead directly or through a sink to grated and trapped connection to any waste pipe;

(b)      an impermeable floor.

Rule - 60. Bath room and water closet.-

(1)     No bathroom shall have a floor area of less than 1.8 sq. meters, with a width of less than a1.2 meters and a height less than 2.2 meters measured from the surface of a floor to the lowest point of the ceiling or the underside of any slab:

Provided that if it is combined bathroom and a water closet such floor area shall not be less than 2.6 sq. meters.

(2)     No water closet shall have a floor area of less than 1.1 sq. meters and a width less than 0.9 meter.

(3)     Notwithstanding the provisions of sub-Rule (1) or sub-Rule(2), the case of any building referred to in Rule 54, -

(a)      an independent bathroom may have a floor area of 1.45 sq. meters;

(b)      a combined bathroom and water closet may have a floor area of 2.0 sq. meters, with a minimum width of 1.1 meters.

(4)     Every bathroom or water closet shall -

(a)      be so situated that at least one of its walls shall open to an interior or exterior open space or shaft and shall have an interior or exterior open space or shaft and shall have an opening in the form of window or ventilator or lurver not less than 0.37 sq. meter in area;

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

(c)      have the platform or set made of water tight non-absorbent materials;

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

(e)      be provided with a door completely closing the entrance to it; and

(f)       be provided with an impervious floor covering with an impervious floor covering sloping towards any drain with a suitable grade and not towards any veranda or other room.

(5)     No room containing any 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 or pantry by a door, window or other opening.

Rule - 61. Loft.-

(1)     A loft may be permitted in buildings of all use groups.

(2)     The area of any such loft shall be restricted to 25 percent of the area of the floor or any room other than inhabited room, provided that 100 percent of the area may be covered over any corridor.

(3)     Maximum height between any loft and ceiling shall be 1.20 meters and the clear height below the loft shall not be less than 2.10 meters.

Rule - 62. Ledge or tand.-

(1)     A ledge or tand in a habitable room shall not cover more than 15 percent of the floor on which it is constructed and shall not interfere with the ventilation of the room under any circumstances.

(2)     The ledge shall be provided at a minimum height of 2.1 meters from floor level.

(3)     The maximum width of any ledge or tand shall be 0.60 meter.

Rule - 63. Mezzanine floor.-

(1)     A mezzanine floor may be permitted only between the ground floor and first floor of any building.

(2)  A mezzanine floor may be permitted over a habitable room provided that -

(a)      it conforms to any standard for a habitable room as regards lighting and ventilation;

(b)      it is so constructed as not to interfere under any circumstances with the ventilation;

(c)      such mezzanine floor is not subdivided into smaller compartments;

(d)      such mezzanine floor or part of it shall not be used as kitchen; and

(e)      in no case a mezzanine floor shall be subdivided so as to make it liable to be converted into unventilated compartments.

(3)     An area up to 25 percent of the covered area on the ground floor shall be allowed.

(4)     The height of any mezzanine floor shall not be less than 2.1 meters.

Rule - 64. Store room.-

No store room in any residential building shall have a floor area less than 1.5 sq. meters and a height of less than 2.1 meters.

Rule - 65. Garage.-

(1)     No garage for cars shall be less than 2.5 meters x 5 meters.

(2)     The minimum head room in a garage shall be 2.1 meters.

(3)     The size of any garage where more than one motorcar is parked shall be calculated on the basis of the number of vehicles to be parked there.

(4)     No garage for trucks shall be less than 3.75 meters x 10.00 meters with a minimum head room of 3.00 meters.

Rule - 66. Basement.-

(1)     Subject to specifications, if any, made in this behalf under the Tripura Town and Country Planning Act, 1975, the ULB may specify any area or ward where the construction of any basement shall not be permitted.

(2)     A basement may be used as -

(a)      a parking space;

(b)      an air-conditioning plant room or room for other machines used for any building service or for other purposes,

(c)      a space for a stand by generator for power supply,

(d)      a storage space for house hold or other goods of non-inflammable nature,

(e)      a strong room or bank locker,

(f)       a dark room,

(g)      a stack room in any library, or

(h)     a business building, or mercantile building (retail)., or assembly building, if it is air-conditioned.

(3)     Outer walls of a basement shall not extend to the exterior open spaces as required under these Rules.

(4)     No basement or portion thereof shall be used for residential purpose.

(5)     No kitchen, bathroom or water closet shall be permitted in any basement unless the sewer levels permit the same and there is no chance of back flow and flooding of sewerage. If permitted, such kitchen, bathroom or water closet shall be placed against an external wall of the basement, which shall also be the external wall of the building and shall be adequately lighted and ventilated. Detailed plans showing arrangement for drainage including pumping system shall be submitted in such cases.

(6)     Every basement shall -

(a)      in every part be at least 2.4 meters in height from the floor to the underside of the roof slab or ceiling or any false roofing;

(b)      have adequate arrangement so that surface drainage does not enter the basement, and have adequate arrangement for pumping out water, if necessary;

(c)      have water-tight walls and floors which shall be so designed that the effect of the surrounding soil and moisture, if any, is taken into account in design and adequate damp-proofing treatment is given;

(d)      have access by means of two or more ramps and a staircase, which are separated from the main and alternate staircase providing access and exit from higher level floors, the width of each ramp shall not be less than 3.5 meters and the slope shall not be steeper than 1(one) vertical to 6(six) horizontal and the distance between the ramps shall be such as may be determined by the Mayor/Chairperson of the ULB.

(e)      in the case of such basement being used for a purpose as referred to in clause(g) of sub-Rule(2), have sufficient numbers of access ways and exit ways so that the travel distance is not more than 15 meters;

(f)       have adequate ventilation as required far any occupancy or use group under these Rules:

provided that any deficiency may be met by providing adequate mechanical ventilation in the form of bowlers, exhaust fans at the, rate of one exhaust fan for every 50 sq. meters of the basement area, or by air-conditioning;

(g)      comply with the requirements of the Tripura Fire Service Act as in forced in the State of Tripura and the Rules and the directions made or issued there under.

Rule - 67. Chimney.-

(1)     Any chimney shall conform to the requirements of the latest version of IS: 1645-1960 Code of practice for fire safety of buildings (general), chimneys, flues, flue pipes and hearths. (2) Any chimney shall be built at least 0.9 meter above any flat roof;

Provided that the top of any chimney shall not be below the top of any adjacent wall and, in the case of a slopping roof, the top of the chimney shall not be less than 0.6 meters above the ridge thereof in which the chimney penetrates.

Rule - 68. Parapet.-

A parapet wall and guardrails shall be provided on the edge of any roof terrace or balcony and it shall not be more than 1.5 meters in height.

Rule - 69. Boundary wall.-

No boundary wall shall exceed 2 meter in height above the centerline of the road abutting to the plot, the solid portion of compound walls shall not exceed 1.5 meters in height. The foundation of boundary wall, below ground level, shall not encroach upon any adjacent land outside the plot area.

Rule - 70. Lighting and ventilation of room.-

(1)     Every habitable room, kitchen/staircase and bathroom or water closet shall have, for the admission of light and air one or more apparatuses, such as windows, glazed doors and fan lights, opening directly to the external/air or into an open verandah.

(2)     In any case where light 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 the latest provisions of section 1 of Lighting and Ventilation of part VIII on Building Services of the latest edition of the National Building Code of India:

Provided that the minimum aggregate area of the openings of habitable room and kitchens, excluding doors, shall in no case be less than one-tenth of the floor area.

(3)     No portion of any habitable room shall be assumed to be lighted if it is more than 7.5 meters from the opening assumed for lighting that portion.

(4)     The planning, design and installation of lighting and ventilation, electrical installations and fittings, air-conditioning and heating work, a caustics, sound insulations and noise control the number, type and installations of lifts and escalators shall be carried out in accordance with the provisions of building services of the latest edition of the National Electrical Code of India:

Provided that for electrical installation in respect of any buildings the provisions of the latest edition of the National Electrical Code and Indian Electricity Rules shall apply:

Provided further that the planning, design, construction and installation of water supply, drainage, sanitation and gas supply systems shall be in accordance with the provisions of planning services of the latest edition of National Code of India.

PART VII EXIT REQUIREMENTS OF BUILDINGS

Rule - 71. Definitions.-

In this Chapter unless the context otherwise requires, -

(a)      ''exit" means a passage, channel or means of access from any building, storey's or floor area to a street or other open space of safety and includes a vertical exit or a horizontal exit or an outside exit.

(i)       "vertical exit" means an exit used for ascension or dissension between two or more levels including stairways smoke proof, ramps, lifts, escalators and fire escapes,

(ii)      "horizontal exit" means a protected opening through or around a fire wall or a bridge connecting two buildings,

(iii)     outside exit" means an exit from the building to a street or to an open area leading to a street or to an enclosed fire resistive passage leading to a street;

(b)      "travel distance" means the distance from the exit of any premises on a floor of a building to a place of safety, be it a vertical exit, a horizontal exit or an outside exit, measured along the line of travel.

Rule - 72. Fire protection.-

Every building of more than 12.50 meter height and/or having covered area of more than 500 sqm shall be provided with adequate means of exit and all arrangement for protection in case of fire in accordance with the provisions contained in the latest version of National Building Code.

Rule - 73. General exit requirements.-

(1)     The following general requirements shall apply to exit:-

(a)      all exits shall be free from obstructions;

(b)      no building shall be altered so as to reduce the number, with or protection of exits to less than what is required under these Rules;

(c)      exits shall be clearly visible and routes to reach each exit shall be clearly marked;

(d)      all exits shall be properly illuminated;

(e)      fire-fighting equipments shall, where provided along exits, be suitably located and clearly marked so as not to obstruct the exit way and there shall be clear indication from either side of the exit;

(f)       alarm devices shall be installed to ensure prompt evacuation through exits;

(g)      all exits shall provide continuous means of access to the exterior of a building or to an exterior open leading to a street or means of access;

(h)     exits shall be so arranged that they may be reached without passing through another occupancy unit, except in the case of a building for residential and educational uses.

(2)     An exit may be a door-way, corridor, passage way to staircase, ramp or a verandah or terrace which has access to the street or to the roof of a building. An exit may also include a horizontal exit leading to building at the same level.

(3)     Lifts and escalators shall not be considered as exits.

(4)     All basements shall have a minimum of 2(two) exits.

Explanation - Ramps to the basement shall be considered as exits.

Rule - 74. Arrangements of exits.-

(1)     Exits shall be so located that the distance between 2(two) exits on the floor shall not exceed-

(a)      22.5 meters, in the case of a residential building or an educational building or institutional building or hazardous building; and

(b)  30 meters, in the case if an assembly building or a business building or a mercantile building or an industrial building or a storage building.

(2)     For floors with sprinklers, which are not part of requirements for the floor and occupancy, the distance in sub-Rule(1) may be increased by 50 percent.

(3)     The distance to an exit front the dead end of a corridor shall not exceed half the distance specified in sub-Rule(1), except in an educational building or an assembly building or an institutional building in which case it shall not exceed 6 meters.

(4)     Whenever more than one exit is required for any room space or floor of building, exits shall be placed as remote from each other as possible and shall be arranged to provide direct access in separate directions from any part in the area served.

Rule - 75. Requirements regarding staircase.-

All building referred to in Rule 72 shall be provided with such number of staircase as the ULB require. Under no circumstances, the number of staircases shall be less than 2(two) in the case of a building of more than 14.0(fourteen) meters in height and one of them shall be on the external face of the building.

Rule - 76. Minimum width provisions for staircase.-

The following provisions for minimum width for staircase(s) shall be made:-

(a)      for each stairway in a residential building having not more than 2(two) tenements per floor, the minimum width shall be -

(i)       0.90 metre in the case of a building having above 11 meters in height.

(ii)      1.05 meters in the case of a building having above 11 meters and up to 14.0 meters in height.

(iii)     1.25 meters for primary stairway in the case of building above 14.5 meters in height.

(b)      every additional tenements per floor to be served by the same staircase. The width of each stairway shall be increased by 0.15 meter, provided that for buildings constructed under the each of stairway shall not be less than 0.90 meter.

(c)      for each stairway in institutional or mercantile buildings, the minimum width shall be 2.0 meters;

(d)      for each stairway in educational or business or assembly buildings other than theatre, motion picture house, city hall, dance hall, auditorium, exhibition hall or similar other halls or such other places, the minimum width shall be 1.80 meters;

(e)      (i) for assembly buildings not included in clause (b) above, the minimum width of each stairways shall be 1.80 meters where not more than 300 persons are to be accommodated,

(ii) for the accommodation of more than 300 persons, the minimum width of stairway as at (a) above shall be increased by 0.30 meter for every additional 100 persons or part thereof over 300 persons,

(iii) notwithstanding anything contained in sub-clause(ii), instead of a single staircase, corridor or passageway of the width prescribed by the said sub-Rule, there may be two or more staircases, corridors or passageways as may be sufficient for the number of persons that can accommodated in the building, each having a width as prescribed in sub-Rule(i);

(f)       for all other buildings, the minimum width of each stairway shall be 1.50 meters;

(g)      the minimum width of a passage or corridor shall be as follows:-

(i)       for passage connecting vertical exits and the apartments/units, the width shall not be less than the width of each stairways specified in clause(a) to (e) except for mercantile business buildings and assembly buildings;

(ii)      for a passage within a apartment, the width shall not be less than 0.90 meter;

(iii)     for a passage giving access to shops in a mercantile building, the width shall not be less than 2 meters if the shops are on one side only, and 3 meters if the shops are on both sides;

(iv)    for a passage in a business building, the width shall not be less than 2.50 meters;

(v)      for a passage in an assembly building, the width shall not be less than that as derived under sub-clause(i),(ii) and (iii) of clause (e).

Rule - 77. Provisions for doors for an assembly room or hall.-

The doors of a room or a hall, where groups of people congregate or gather in any building, shall be made to open outside shall be affixed thereto. There shall be at least 2(two) such doors in every such room or hall if not more than 300 persons are intended to be accommodated therein and an additional door shall be provided for every 100 persons or part thereof in excess of 300 persons. The width of every such door shall not be less than 1.80 meters.

Rule - 78. Other requirements.-

In respect of matters relating to fire prevention and fire protection, for which provisions have not been made in this chapter, the provisions of the latest edition of the National Building Code and the latest edition of the National Electrical Code shall apply.

Rule - 79. Consultation with the director of fire services before granting permission to erect a building.-

No permission for erection, addition to or alteration of any building other than a building upto 12.50 meter in height and/or having covered area upto 500 sqm shall be granted unless the ULB in consultation with the Director, Fire Service of the Government of Tripura or any officer specially empowered by the Director, Fire Service for the purpose is satisfied about the provisions or means of exits and about the arrangements for protection against fire proposed for the building.

Rule - 79a.

(a)      Erection of Hoarding, Signboard etc.:-

No hoarding, signboard or any permanent/temporary structure to be used in commercial or other purposes in any building or attaching two or more buildings shall be allowed without the prior permission of the respective ULB.

Rule - 80. Requirements for special occupancies under any other law in force.-

Notwithstanding anything contained in these Rules a building shall comply with special requirements, if any, laid down in Factories Act, 1948 (63 of 1948) or in any other law for the time being in force in relation to such building.

PART VIII STRUCTURAL DESIGN

Rule - 81. Structural design.-

(1)     Structural design and safety

For any building under the jurisdiction of these regulations structural design/retrofitting shall only be carried out by an empanelled Structural Engineer. Proof checking of various designs/reports shall be carried out by competent authority as per Table at clause (e) below wherever applicable.

(a)      Additional provisions in building regulations/bye-laws for natural hazard prone areas Generally, the structural design of foundations, elements of masonry, timber, plain concrete, reinforced concrete, pre-stressed concrete and structural steel shall confirm to the provisions of Part 6: Structural Design -

Section - 1 Loads, Forces and Effects

Section - 2 Soils and Foundations,

Section - 3 Timber and Bamboos,

Section - 4 Masonry,

Section - 5 Concrete &

Section - 6 Steel

Section - 7 prefabrication System, building and Mixed/Composite Construction of National Building Code of India (NBC), taking into consideration the Indian Standards as amended up to date as given below:

For General Structural Safety

(1)     IS: 456:2000 "Code of Practice for Plain and Reinforced Concrete."

(2)     IS: 800-2007 "Code of Practice for General Construction in Steel."

(3)     IS: 801-1975 "Code of Practice for Use of Cold Formal Light Gauge Steel Structural Members in General Building Construction."

(4)     IS 875 (Part 2): 1987 Design loads (other than earthquake) for buildings and structures Part 2 Imposed Loads.

(Reference of Table 4.1- "Occupant Load" may be considered for design load)

(5)     IS 875 (Part 3): 1987 Design loads (other than earthquake) for buildings and structures Part 3 Wind Loads.

(6)     IS 875 (Part 4): 1987 Design loads (other than earthquake) for buildings and structures Part 4 Snow Loads.

(7)     IS 875 (Part 5): 1987 Design loads (other than earthquake) for buildings and structures Part 5 special loads and load combination.

(8)     IS: 883:1994 "Code of Practice for Design of Structural Timber in Building."

(9)     IS: 1904:1986 (R 2005) "Code of Practice for Design of Structural Safety of Buildings: Foundation"

(10)   IS: 1905:1987 (R 2005) "Code of Practice for Design of Structural Safety of Buildings: Masonry Walls"

(11)   IS 2911 (Part 1): Section 1: 2010 "Code of Practice for design and Construction of Pile Foundation Section 1

Part 1: Section 2 Bored Cast-in-situ Piles

Part 1: Section 3 Driven Precast Concrete Piles

Part 1: Section 4 Bored Precast Concrete Piles

Part 2: Timber Piles

Part 3: Under Reamed Piles

Part 4: Load Test on Piles

For Cyclone/Wind Storm Protection

(12)   IS 875 (3): 1987 "Code of Practice for Design Loads (other than Earthquake) for Buildings and Structures, Part 3, Wind Loads"

(13)   Guidelines (Based on IS 875 (3)-1987) for improving the Cyclonic Resistance of Low rise houses and other building.

For Earthquake Protection

(14)   IS: 1893 (Part I)- 2002 "Criteria for Earthquake Resistant Design of Structures (Fifth Revision)"

(15)   IS: 13920-1993 " Ductile Detailing of Reinforced Concrete Structures subjected to Seismic Forces - Code of Practice"

(16)   IS: 4326-2013 "Earthquake Resistant Design and Construction of Buildings - Code of Practice (Second Revision)"

(17)   IS: 13828-1993 "Improving Earthquake Resistance of Low Strength Masonry Buildings - Guidelines"

(18)   IS: 13827-1993 "Improving Earthquake Resistance of Earthen Buildings- Guidelines"

(19)   IS: 13935-2009 "Seismic Evaluation, Repair and Seismic Strengthening of Buildings - Guidelines"

For Protection of Landslide Hazard

(20)   IS 14458 (Part 1): 1998 Guidelines for retaining wall for hill area: Part 1 Selection of type of wall.

(21)   IS 14458 (Part 2): 1997 Guidelines for retaining wall for hill area: Part 2 Design of retaining/breast walls.

(22)   IS 14458 (Part 3): 1998 Guidelines for retaining wall for hill area: Part 3 Construction of dry stone walls.

(23)   IS 14496 (Part 2): 1998 Guidelines for preparation of landslide - Hazard zonation maps in mountainous terrains: Part 2 Macro-Zonation.

Note: Whenever an Indian Standard including those referred in the National Building Code or the National Building Code is referred, the latest revision of the same shall be followed except specific criteria if any, mentioned above against that code.

(b)      Structural Design Basis Report (SDBR)

In compliance of the design with the above Indian Standard, the empanelled Structural Engineer will submit a structural design basis report in the Proforma attached herewith covering the essential safety requirements specified in the standard.

The "Structural Design Basis Report (SDBR)" consists of four parts -

Part 1: General Information/Data

Part 2: Load bearing Masonry Buildings

Part 3: Reinforced Concrete Buildings

Part 4: Steel Buildings

                                                                                      (i)      Drawings and Documents to be submitted for approval of appropriate authorities shall include SDBR as detailed bow:

Part 1: Completed Part

2: (if applicable) - completed

Part 3: (if applicable) - undertaking that completed

Part 3 will be submitted before commencement of construction.

Part 4: (if applicable) - undertaking that completed Part 4 will be submitted before commencement of construction.

                                                                                     (ii)     SDBR as detailed below shall be submitted to the appropriate authority as soon as design of foundation is completed, but not later than one month prior to commencement of construction.

Part 1: Completed

Part 2: Part 3: Part 4 (if applicable) Completed

(c)      Seismic strengthening/retrofitting

Prior to seismic strengthening/retrofitting of any existing structure, evaluation of the existing structure as regards structural vulnerability in the specified wind/seismic hazard zone shall be carried out. If as per the evaluation the seismic resistance is assessed to be less than the specified minimum seismic resistance as given in the note below, action will be initiated to carry out the upgrading of the seismic resistance of the building as per applicable standard guidelines. Note:

(1)     For masonry building reference shall be made to IS 4326 and IS 13935

(2)     For concrete buildings and structures reference shall be made to IS 15988: 2013 Seismic evaluation and strengthening of existing RCC buildings.

(d)      Building with Soft Storey

In case of buildings with a flexible storeys, such as the ground storey consisting of open spaces for parking that is "Still building" or any other storey with open halls, special arrangements are to be made to increase the lateral strength and stiffness of the soft/open storey such as Steel bracing/Shear walls/Brick in fills between columns.

Dynamic analysis of building is to be carried out including the strength and stiffness effects of in fills and inelastic deformations in the members, particularly; those in the soft storey and the structural members are to be designed accordingly. Alternatively, the following design criteria are to be adopted after carrying out the earthquake analysis, neglecting the effect of infill walls in other storeys:

(a)      The column and beams of the soft storey shall be designed for 2.5 times the storey shears and moments, calculated under seismic loads specified in the other relevant clauses: or

(b)      Besides the columns designed and detailed for the calculated storey shears and moments, shears walls shall be placed symmetrically in both directions of the building as far away from the centre of the building as feasible; to be designed exclusively for 1.5 times the lateral storey shear force calculated as before. For details of design and provisions, IS 1893, Part 1 shall be referred.

(e)      Review of structural design

(i)       The Competent Authority shall review and suggest addendum to the certificate or a new certificate in case of subsequent changes in structural design.

(ii)      Table below gives requirements of empanelled Structural Engineer for different seismic zones namely III, IV and V and for structures of different complexities.

(iii)     In seismic Zone II, buildings & structures greater than 40m in height will require proof checking as per details at Sl. No. 3 of Table below.

Proof Checking Requirements for Structural Design

* SDBR - Structural Design Basis Report

Notes:

(1)     Table 4.1 may be referred for Occupant Load Live load for different building types.

(2)     At the preliminary proposal stage of a project, the objective is to undertake feasibility study comparison of a number of possible alternatives of structural schemes and determine the most cost effective one, detailed structural calculations are not necessary for each alternative scheme. However, it is conservative assumption it is possible to derive simplified calculations for analysis and design. This is called "

or appropriate analysis, and design"

After the most cost effective scheme is selected and signed-off by the Client, the detailed calculations are performed on the selected scheme to determine the precise structural members and composition (size, dimension and stress behavior), and this is called the "Detailed structural design".

In the aforesaid, the design of structural members is typically assumed to account for all the stress loads identified from section xx to be applicable in the given project

(3)     Special structure means large span structures as stadium, assembly halls, or tall structures such as water tanks. TV tower, chimney, etc.

(f)       Certification regarding structural safety in design

Empanelled Structural Engineer shall give a certificate of structural safety of design as per standard proforma.

(g)      Constructional safety

(i)       Supervision

All construction except load bearing building upto 3 storeys shall be carried out under supervision under empanelled Construction Engineer for various seismic zones.

(ii)      Certification of structural safety in construction

Empanelled Construction Engineer shall give a certificate of structural safety of construction at the time of completion.

(h)     Quality control and inspection

All material and workmanship shall be of good quality conforming generally to accepted standards of Public Works Department and Indian standard specification and codes as included in part-V Building Materials and Part-VII Construction practices and safety of National Building Code Of India.

(i)       Inspection

All the construction for high-rise buildings higher than seven storeys, public building and special structures shall be carried out under quality inspection program prepared and implemented under the empanelled Quality Auditor in seismic zones.

(ii)      Certification of safety in quality of construction

Empanelled Quality Auditor shall give a certificate of quality control. Quality Inspection Programme to be carried on the site shall be worked out by empanelled Quality Auditor in consultation with the owner, builder. Note: Section (g) and (h) shall not be applicable government buildings that are designed and constructed under the supervision of in house architect/engineer.

(i)       Control and signage & outdoor display structures, cellphone towers and telephone towers.

Following provisions shall apply for telecommunication infrastructure-

(a)      Location: The Telecommunication Infrastructure shall be either placed on the building roof tops or on the ground or open space within the premises subject to other regulations.

(b)      Type of Structure

                                                                                              (i)          Steel fabricated towers or antennae's on M.S. pole.

                                                                                             (ii)         Pre-fabricated shelters of fiber glass or P.V.C. on the building roof top/terrace for equipment.

                                                                                            (iii)         Masonry Structure/Shelter on the ground for equipment.

                                                                                            (iv)        D.G. set with sound proof cover to reduce the noise level.

(c)      Requirement:

                                                                                              (i)          Every applicant has to obtain/procure the necessary permission from the "Standing Advisory Committee on Radio Frequency Allocation" (SACFA) issued by Ministry of Telecommunication.

                                                                                             (ii)         Every applicant will have to produce the structural safety & stability certificate for the tower as well as the building from the empanelled Structural Engineer which shall be the liability of both owner and empanelled Structural Engineer. iii) Applicant has to produce/submit plans of structure to be erected. d) Projection: No pager and/or Telephone tower shall project beyond the existing building line of the building on which it is erected in any direction.

(2)     Structural requirements of low income housing

Notwithstanding anything contained herein, for the structural safety and services for development of low income housing, the relevant provision of applicable IS: 8888 part 1 shall be enforced along with Annex C of part 3 NBC.

(3)     Alternative Materials, Methods of Design and Construction and Tests

The provision of the Bye-Laws are not intended to prevent the use of any material or method of design or construction not specifically prescribed by the bye-law provided any such alternative has been approved. The building materials approved by B.I.S. or any statutory body will form part of the approved building material and technology as part of the Bye-Laws.

The Authority shall promote and encourage use of Pre-fabricated factory made building components for medium to large scale projects that have significant impact. The use of ready mix concrete (RMC) shall also be encouraged for in-situ concrete constructions.

(4)     While submitting the plan for Ground Floor/Basement floor of the building, the plan should clearly specify the height of the building for which foundation of the building has been designed and all relevant provisions of the Rules related to that designed height of the building should be followed from the beginning i.e. from Ground Floor/Basement floor of the building.

Rule - 82. Quality of materials and workmanship.-

All materials and workmanship shall be of good quality conforming generally to the accepted standards of the Public Works Department of the Government of Tripura or Indian Standard Specifications as indicated in part V on Building Materials and part VII on Constructional practices and safety of the latest edition of the National Building code of India.

Rule - 83. Alternative materials, method of design and construction.-

The ULB may approve any alternative material or method of design or construction if the competent authority of the ULB is satisfied that such alternative is satisfactory and conforms to the provisions of the relevant parts of the National Building Code of India regarding materials, method of design and construction and that materials, methods of design or work are for the purpose intended equivalent to those specified in the code in quality, strength, compatibility, effectiveness, fire and water resistance, durability and safety.

Rule - 84. Tests.-

Whenever there is insufficient evidence of compliance with the provisions of these Rules or there is evident that any claim for alternative materials, or design, the ULB may require tests to be made sufficiently in advance or require performance certificate from a body authorized by a state or central government, as proof of compliance and such tests shall be made at the expenses of the owner and in such manner as the ULB may direct.

PART IX BUILDING AND PLUMBING SERVICES

Rule - 85. Building services.-

(1)     The planning, design and installation of electrical fittings, air-conditioning and heating work, installation of lifts and escalators shall be carried out in accordance with the provisions of Lifts and Escalators on Building Services of the latest edition of the National Building Code of India. For electrical aspects of building services the provisions of the latest edition of National Electrical Code shall apply.

(2)     The number of types of lifts to be provided in educational building shall be as specified in the latest edition of National Building Code of India.

(3)     Electrical installation in respect of any building exceeding 14.5 (fourteen point five) meters in height shall conform to the provisions of the latest edition of National Electrical Code.

Rule - 86. Plumbing services.-

The planning, design, construction and installation of water supply, drainage and sanitation and gas supply system shall be in accordance with provisions of the Water Supply, Drainage and Sanitation, Gas supply on Plumbing Services of the latest edition of National Building Code of India. Septic tank, pits of pit privy shall be so located in a premises or holding, that the same is easily accessible from the means of access to the plot.

Rule - 87. Single and outdoors display structures.-

(1)     The construction of advertising signs and outdoor display structure shall be in accordance with the provisions of the latest edition of the National Building code of India.

(2)     Every building shall display in a prominent place on the front side, the premises number as assigned to it by the ULB and the street name, so as to be conveniently visible from the street.

PART- X SPECIAL PROVISION FOR ULBS IN THE HILL AREAS

Rule - 88. Special provision.-

(1)     Notwithstanding anything contained elsewhere in these Rules, the special provisions of this part shall apply only to the ULB in the hill areas or to supplementing, the other provisions elsewhere in this Rule in there application to those ULBs in the hill areas. Anything not covered under the special provisions shall be guided by the provision made elsewhere in this Rule or the Act.

(2)     For provisions not specifically covered in this part related provisions of other parts will apply.

Rule - 89. Power to relax rules.-

Notwithstanding anything contained in these Rules, a ULB or other concerned authorities may for reasons to be recorded in writing and with the previous approval of the State Government relax any provision of these Rules for dealing with a case in a just and equitable manner.

Rule - 90. Criteria of using a piece of land as building site.-

(1)     No piece of land shall be used as a building site unless the ULB is satisfied that -

(a)      land record is in conformity with the proposed construction keeping in view specified land use, if any;

(b)      the site of such building abuts an all weather public street, a projected public street or a private street/footpath, passage and is not less than 1.50 meters wide at any part, duly sanctioned and constructed and recorded in the Books of ULB in accordance with the provisions of the Act or any other law in force immediately before the commencement of the Act:

Provided that, no building shall be erected so as to deprive any other building or buildings site of the means of access as specified above;

(c)      the site is at least 100 sq. meters in area for residential purposes and 40.0 sq.m in area for other than residential purposes.

(d)      the land is capable of being well drained by means of drainage facilities leading to the existing Public drainage, channel or natural jhora;

(e)      the site is reasonably secured from danger from hillside slips from above, below, or the sides;

(f)       the soil of the site is likely to sustain the construction of a building thereon; and for sites with inclinations of 30ø and above or proposed building above 6.5 meters in height or 500 sq. meters in coverage, such sustainability shall be justified, at the cost of applicant, by prior testing of soil and certification of stability of slopes and buildings conforming to the latest relevant codes of Bureau of Indian Standards including

IS 12070: IS Code of practice for design and construction of shallow foundation on rock. IS 13063:

IS Code of practice for structural safety of building on shallow foundation on rock.

IS 14243 (Part I & II): Selection and development of site in hill areas guidelines; in addition to other relevant Indian Standards.

A competent geo-technical engineering organization or firm, recognized by the ULB, shall carry out detailed geo-technical investigations, testing and certification in such cases.

Explanation: Soil will also include rocks, boulders laterite etc.

(g)      the site does not contain any portion which forms a component of the open spaces prescribed under the regulation for any other building site thereof.

(h)     (i) no part of the land is located within 200 meters from the boundary of a sinking or probable slip zone, designated in a meeting by the ULB.

(ii) within an area of distress or possible unequal settlements with wide fissures, regular cracks, faults, voids, rock, debris or landslides caused by subsidence or crosion, filling and disposal or organic materials, or;

(iii) it is located within an area showing high water table and fully saturated soil with a possibility of liquefaction and settlement on exposure to earthquakes or of water seepage in the foundations and crosion, or

(iv) any other vulnerable area identified by the ULB as unsafe for environmental, geological, wind, drainage or any other reasons;

(i)       no piece of land is located within five meters in any direction of the outside edge of such water courses;

(j)       adequate drainage measurement and protection work as specified in Rules shall be taken by the applicant at his own cost if it is located on the permanent shadow zones of ridges and spurs, at the bottom of the valleys or gorges or located by nature of its orientation in a zone as identified by the ULB to be inadequately sunlit so as to make it unfit human habitation, if any;

(k)      the side has not been subject to repeated blasting or, was a former quarry;

(l)       where the side is within 5.0 (five) meters of any side of a tank, the owner will take such measures as well prevent any risk of the drainage from such building passing into the tank;

(m)    where the site is within 5.0(five) meters of any side of a tank, water reservoir, jhora/natural spring, water source or natural drain or within 2.0(two) meters from either side of water pipe, sewer line and/or other such underground utilities, the owner shall take such measures at his own cost, which shall prevent any risk of damage and/or landslide thereto by construction of such buildings. The distance shall be measured from outside edge of the jhora/drain/pipeline etc. as the case may be taken by the owner, at his own cost if the side is within 30 meters of jhora;

(n)     no piece of land shall be used as building site if it is located on the permanent shadow zones of ridges and spurs at the bottom of the valleys or gorges or located by the natural or its orientation in a zone as identified by ULB to be inadequately sunlit so as to make it unfit for human habitation.

(2)     No piece of land located in central business area as determined by the ULB or in sinking zone or areas of distress with cracks caused by subsidence and/or slides or any other areas identified by ULB with reasons to be recorded in writing, shall be used as a building site without prior approval of the State Government.

(3)     No piece of land where a closed, sick or other industry was located or is in operation, shall be used as site for construction of any building, other than an industrial building, without the prior approval of the competent authority.

Rule - 91. Application for approval of sites and for permission to construct or reconstruct building other than huts.-

(1)     Before submission of the building plan, approval of the building site has to be obtained.

However, the applicant may simultaneously submit the site plan and building plan to the ULB for approval at his own risk and cost. But the ULB shall consider the building plan submitted for approval only after the site plan is approved. In case the site is not approved, the submitted building plan shall also be treated as not approved.

(2)     Every application, specified in sub-Rule(1) submitted in Form A, shall state inter alias the proposed use of the land as per use group provided in this Rules.

(3)     Every application, specified sub-Rule(1) shall be accompanied by a site plan in triplicate and the reports/recommendations of tests for soil and stability of slopes, as and where applicable under Rule 90 and a fee as may be determined by the ULB. The site plan shall be drawn to scale of not less than 1(one) centimeter to 6.0(six) meters and shall be signed by the applicant and by the licensed Building Planner or Architect as required under Rule 94 with a certificate to the effect that the site has been inspected personally by the Licensed Building Planner or the Architect, as the case may be.

(4)     Every site plan specified in sub-Rule(3) shall show or state on the body of the sheet showing the site plan the following:

(a)      the boundaries of the site and of the owner thereof with number assigned to plot/premises;

(b)      the position of the site in relation to neighboring streets with dimensions;

(c)      the name of the street on which the site abuts;

(d)      the position of the building and of all other buildings including existing buildings (if any) which the applicant intends to erect upon his contiguous and referred to in clause (a) in relation to-

                                              (i)          the boundaries of the site and, in case where the site has been sub-divided, the boundaries of the portion owned by the applicant and also the portions owned by other owners, and

                                             (ii)         all adjacent streets, buildings and premises within a distance of 12.00 meters of the site and of the continuous land (if any) referred to in clause(a);

(e)      the use or occupancy of all the buildings;

(f)       the direction of North point;

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

(h)     the schematic position and approximate height and the number of the storeys of all other buildings within 12.0 meters from each side of the site;

(i)       the free passage or way in front of the building;

(j)       the width of the street (if any)in front and at the rear of the building ;

(k)      the means of drainage of the proposed building leading to existing public drains or drainage channels with their location in relation to the site;

(l)       the means of drinking water supply to the proposed building indicating the source and the distance from the site including the route through which the pipeline will be laid, if piped water supply will be achieved;

(m)    the means of power supply to the proposed building on the site, indicating the route through which power supply will be achieved;

(n)     areas of distress;

(o)      such other particulars as may be specified by the ULB;

(p)      the location of power line, water line, sewer line, natural drainage channel/jhora, road side drain, protective works;

(q)      location of land slides, if any on or near the site in hill areas detected during reconnaissance. The ULB shall come to ensure that the site is away from the slide zone or area of distress;

(r)      on a sloping site in hill areas, proposals, for diversion of the natural flow of water coming from uphill side of the building away from the foundation.

Rule - 92. Sub-division of plots.-

(1)     No sub-division of any plot within the ULB area shall be undertaken without prior approval of the respective ULB. (2) Generally -

(a)      a plot to be sub-divided shall be treated as mother plot;

(b)      sub-division shall not be allowed if the mother plot abuts an all weather means of access having a width of less than 2.00 meters for plots having area less than 500 sq. meters and width not less than 3.0 meters for plot having area more than 500 sq. meters, provided that an emergency vehicular access (min. 3 m wide) shall be available within a distance of 50 meter from the mother plot;

(c)      every individual plot obtained by sub-division of the mother plot shall abut a means of access having width of not less than 2.00 meters;

(d)      these Rules shall not apply to a scheme for Economically Weaker Section and Low Income Group Housing approved by the Government;

(e)      sub-division may be allowed on the condition that the following facilities shall be provided by the owner at his own cost to the satisfaction of the ULB;

                                              (i)          complete drainage facilities in accordance with provisions made elsewhere for the hill areas, ensuring drainage of such individual plot and of the means of access and passages leading to existing public drains or natural drains or natural drainage channels,

                                             (ii)         all weather means of access with related protective works, if necessary along with street lighting,

                                            (iii)         sanitary facilities including sewage and garbage disposal facilities,

                                            (iv)        water supply facilities,

                                             (v)         electricity and electrification facilities,

                                            (vi)        all individual plots as well as the means of access and infrastructure provided shall be accompanied by complete protective measures in accordance with provisions made elsewhere for hill areas in these Rules.

(f)       no permission for sub-division of a plot of land shall be granted unless each sub-divided plot is at least 100 sq. meters in area in residential buildings and 40.0 sq. m for other than residential building;

(g)      no sub-division of plot shall be granted unless a detailed layout plan or the area proposal to be sub-divided is submitted before the ULB duly integrating the site layout plan with the general use of the land in the adjoining areas. The existing street pattern as also other physical infrastructural 'facilities' like drainage, sewerage, water supply, electric supply with location of high tension or low tension electric line with poles are also required to be shown.

(2)     The mother plot shall abut an all weather means of access conforming to the conditions specifies below:

(a)      the means of access shall have a width of not less than 2.0 meters, for plots having an area less than 500 sq. meters and a width not less than 3.0 meters for plots having area more than 500 sq. meters:

provided than an emergency vehicular access (min. 3 m wide) shall be available within a distance of 100 m from the mother plot;

(b)      the minimum permissible width for any given length of means of access for sub-divided plots shall be as given in the following table:

Moreover, each such space in a single parcel shall have minimum area of 150 square meters and a minimum width of not less than 3.00 meters; and each such open space shall abut a means of access as specified in sub-Rule (3) of this Rule.

(3)     For mother plots measuring more than 5000.00 sq. meters in area, sub-division may be allowed if an additional 5(five) percent of the total area of mother plot is reserved for use for facilities like school, health centre, market, police outpost, milk booth, post office, power sub-station, transport terminal, water tank for fire fighting/water treatment plant and the like, such land abut a means of access as specified in this Rules. This is in addition to land necessary for means of access as specified in sub-Rule (3) and for public amenities and open spaces specified in this Rules.

Rule - 93. Preparation of plan and supervision of execution of work.-

(1)     Every owner who intends to erect, re-erect, add to or alter any building shall get its plan prepared and structural work designed and supervised by an Architect/Structural Engineer/Licensed Building Planner as required under Rule 94, while submitting the plan the Architect/Licensed Building Planner/Structural Engineer should certify to the effect that site has been personally inspected while planning for building and/or designing the structural members, as well as has taken into account the findings and/or recommendations of stability analysis as well as soil tests performed as and when necessary under this Rule.

(2)     In all such cases, the Licensed Building Planner/structural Engineer or Geo-technical Engineer shall have to be empanelled with the ULB.

(3)     The name, address and license or empanelment number of the persons so employed and serial number in the case of Architect shall be stated in the application in respect of such building.

(4)     In case of building plans/site plan submitted by Central or State Government or by organization controlled by Central or State Government, if the plans are prepared and submitted under the signature of the Government Engineer or architect, who are employees of the applicant organization, the Rule 93(1) shall be applicable.

Rule - 94. Engagement of technical personnel.-

(1)     Every person who intends to erect, re-erect, add to or alter any building shall, subject to the provisions of the Act and these Rules, engage -

(a)      for all buildings up to 4.50 meters in height, a technical person having a diploma in Civil Engineering/Architect with at least 2 years experiences and having the rank of a licensed Building Planner for planning, design and construction of the building foundation and superstructure and for all buildings above 4.50 meters but below 8.00 meters in height and/or erection involving piling works, deep foundation or construction of basement or any other underground structure thereto, a licensed Building Planner having a degree in Civil Engineering/Architect with at least 2 years experiences and/or an Architect and a Structural Engineer and a Geo-technical Engineer for conducting soil and other tests as required under Rule 93(1), planning, design and construction of the building foundation and superstructure for all other buildings above the height of 8.00 mts. but below 14.00 mts. in height.

(b)      A licensed Building Planner shall have -

                                              (i)          a degree in Civil Engineering or Architecture from a recognized university or its equivalent qualification recognized by the Government and shall not have less than 2(two) years experience in planning, design and execution of building works including sanitary and plumbing works related to building under similar geo-technical conditions, or

                                             (ii)         a diploma in Civil Engineering or Architecture from a recognized university or its equivalent qualification recognized by the Government and shall not have less than 5(five) years experience in planning, design and execution of building works including sanitation and plumbing works related to buildings under similar Geo-technical conditions;

(c)      a Structural Engineer must have a Degree in Civil Engineering from a recognized university or its equivalent with at least 5(five) years experience (including two years in hill areas) in structural design;

(d)      a Geo-technical Engineer must have a degree in civil engineering from a recognized university or its equivalent with at least 2(two) year experience in soil and foundation engineering under identical soil/slope/geo-technical conditions.

(2)     The Licensed Building Planner, the Architect, the Structural Engineer and the Geo-technical Engineer will work in association with one another and will be individually and/or collectively responsible for ensuring the safety of the building structure and its foundation.

(3)     The Licensed Building Planner, Structural Engineer or a Geo-technical Engineer is also required to be empanelled with the ULB.

(4)     In case of death, resignation removal of Licensed Building Planner, Architect, Structural Engineer, Geo-technical Engineer or, as the case may be a fresh engagement shall he made forthwith and shall be notified to the Mayor/Chairman of the ULB. No work shall be carried out in the intervening period, if any.

(5)     The validity of any engagement made under this Rule shall lapse, in the case of an Architect with lapse of validity of registration granted under the Architect's Act, 1972(20 a 1972) or in case of a Structural Engineer and a Geo-technical Engineer with the lapse of empanelment, or in the case of a Licensed Building Planner, with lapse of the validity of license.

Rule - 95. Permissible height of building.-

(1)     (a) The following appurtenant structures shall not be included in the height of the building:

                              (i)          stair cover not exceeding 2.40 meters in height;

                             (ii)         lift machine rooms as per the latest edition of the National Building Code;

                            (iii)         roof tanks and their supports, the height of support not exceeding 1.50 meters;

                            (iv)        chimneys;

                             (v)         parapet walls not exceeding 1.50 meters in height;

                            (vi)        ventilating, air-conditioning and other service equipments;

1.        height above mid-point between eaves level and ridge level.

(b) The aggregate area of the structures mentioned in clause (a) (except (vi) shall not exceed one-third of the area of the roof upon which these are erected.

(2)     The maximum permissible height of a building as well as its permissible floor area shall be regulated by the width of the surrounding open space in the same holding plus the width of its means of access, depending on the type of building use as per the table below:

Provided that in case a building is more than 14.00 meters in height prior approval of the State Government is required to be obtained.

For building of residential (excluding a height of 4.5 meters), commercial, public and other uses the means of access of at least 3 meter wide should be available within a distance of 100 meters of foot-path length from the proposed plot.

(3)     The ULB may, if necessary, restrict the height of building in any area within the municipal limits, below that provided above for reasons to be recorded in writing.

Rule - 96. Ground coverage.-

The maximum permissible ground coverage for buildings when a single building is proposed for a plot shall be regulated by the plot size, depending on the type of building use as given in the table below:

 

Rule - 97. Open spaces for building.-

(1)     Generally-

(a)      every room intended for human habitation shall abut an interior or exterior open space or an open verandah open to such interior or exterior open space. Open spaces shall be areas forming integral parts of the plot at ground level and shall be open to sky without any projection or overhang excepting cornices, chajja or weather-shades of not more than 0.50 meter width;

(b)      every building shall have exterior open sprees comprising front open space, and side open spaces. The minimum width prescribed for front open space, rear open space and side spaces shall be provided along the entire front, rear and side faces of the building respectively. For this purpose the front of the building shall be that face of the building which faces the means of access of the building and the rear of the building is that face of the building which is farthest from the means of access. These provisions shall also be applicable to each individual building separately when a plot contains more then one building. In the case of a corner plot located at the crossing of more than one street or passage, the rear of the building shall be deemed to be that face of the building, which is farthest from the widest of all such streets and/or passages;

(c)      open spaces prescribing to one site cannot be taken for another site. No building shall at any time be erected on any open space prescribed in these Rules for a building and from part of the site thereof, nor shall such open space be taken into account in determining the area of any open space required under these Rules for any other building.

(d)      If the front open space is 3.00 meters or more in width a Gate Gomti for security purpose may be allowed in the said open space. The covered area of such Gomti shall not in any case exceed 3.00 sq. m. and the height of such Gomti shall not exceed 3.00 meters. The covered area of the Gate Gomti shall not be included in calculation of ground coverage.

(2)     The minimum front, rear and side open spaces shall be provided along the entire faces/sites of the building as given in the table below:

Provided that the minimum clearance, on all the sides between a building wall and the toe of a retaining or other protective wall shall be 1.50 meters, except on the side where the septic tank shall be installed, in which case, the minimum clear distance of 2.1 meters shall be provided:

provided further that for mixed use buildings, the minimum front open space shall be the one applicable for that particular occupancy which gives the provision of the minimum front open space in these Rules, provided that for a building more than 11.00 meters in height the Minimum open spaces provided in sub-Rule(2) above shall be increased by 0.3 meter in all cases.

(3)     Notwithstanding anything contained elsewhere in this Rule in the case of a building with a septic tank, a side open space of 2.1 meters shall be provided on any one side of the building for the provision of the said septic tank.

(4)     In the case of a building more than 25.0 meters in depth, a passage of width not less than 3.5 meters shall be provided along the entire depth of the building.

(5)     For plots of size not more than 65(sixty five) sq. meters minimum side space of 0.90 meter may be allowed on each side provided the building height does not exceed 6.5 meters -

(a)      notwithstanding anything contained in this Rule, the minimum distance across the side open space from every new building to an existing building with a door or window opening shall be 1.80 meters;

(b)      notwithstanding anything contained in this Rule the minimum width of side open space for an industrial or storage or mercantile (wholesale) building shall be 3.50 meters;

(c)      in the case of a building more than 24.00 meters in depth on a plot abutting any street a passage along the side depth of the building shall be provided and the minimum width of such passage shall be 4.0 meters.

(6)     The interior open space shall be as follows:-

(a)      For inner courtyard -

in case the whole of 1(one) side or part of at least 2(two) sides of every room excepting bath, water closets and store-room is not abutting either the front, rear or side open spaces, it shall abut an inner courtyard whose minimum width shall be 30% of the height of the building or 3.00 meters whichever is more.

(b)      for ventilation shaft, that is to say -

for ventilating water closet bath room and kitchen such water closet or bath room or kitchen if not opening to front side, rear or interior open space, shall open on to a ventilation shaft, the size of which shall not be less than the values given below:-

Note: No chajja shall be allowed in the ventilation shaft unless the width of shaft is 2.40 meters or more.

(c)      the minimum width shall not be less than 20% of the height of the building or 2.50 meters, which ever is more.

(7)     The service rooms shall have access by means of 2(two) passages of staircases, providing access and exit from higher and lower level floors, the width of which shall not be less than 1.2 meters and the slope shall not be steeper than one 1:1 and so located that the travel distance on any floor up to any such access or exit is not more than 15.0 meters.

(8)     Mezzanines are to be used strictly for purposes other than habitation or kitchens and eating places and may be provided between any 2(two) floor shall be permitted with a minimum clear height at every part of at least 2.0 meters measured from the floor to the lower most point on the underside of the roof, slab, beam or false ceiling. The area of such mezzanines shall be included in floor area in all calculations.

Rule - 98. Access, circulation and parking.-

(1)     Every plot shall abut a means of access which may be a public street or private street or passage, the minimum width of which shall be as specified in this Rule.

(2)     Any building which in full or part is put to assembly occupancy for the purpose of theatre, motion picture house, city hall, skating-rink, auditorium, exhibition hall or for similar other purposes shall not be allowed on a plot located within 50 meters of the junction of 2(two) streets, the width of each of which shall be a minimum of 8.0 meters.

(3)     Every building on a plot having more than one building shall abut an internal road connecting the means of access of the plot and such roads shall conform to the requirements of internal roads specified in Rule 52(1).

In case of a plot having more than one building or use, parking requirements shall be calculated according to the proportionate floor area of each building or use group, as the case may be.

(4)     For plots abutting non-vehicular means of access less than 3.0 meters in width, car parking space need not be provided within the plot area but space with vehicular access has to be identified and owned by applicant for the required parking/garage space, as per this Rule.

(5)     The parking space for each vehicle shall be accessible from the means of access, either directly or through a driveway or internal circulation, aisle, the width of which shall not be less than 3.5 meters for cars and 5.0 meters for trucks and the gradient of which shall not be more than 1:6.

(6)     The minimum size of a car parking space shall be 2.50 meters x 5.00 meters and that for a truck or bus parking space shall be 3.75 metre x 10.00 meters. These spaces do not include the area of circulation, internal roads, aisles and driveways, and standards for those shall be guided by provisions in the National Building Code.

(7)     No garage for car shall be less than 2.5 meters x 5.00 meters (clear size) with a minimum head room of 2.0 meters and no garage for truck shall be less than 3.75 meters x 10.00 meters (clear size) with a minimum head room of 3.50 meters.

(8)     (a) An internal road must be so constructed as to have a slope inwards/towards the hillside. Such slope must be not less than the gradient of the road;

(b) where required, the inner and outer edges of an internal road must be protected by protective walls of such number and placed in such positions as the ULB may direct and constructed in accordance with the specifications in this Rule

Rule - 99. Drainage measures.-

(1)     (a) An open drain must be provided on the inner side of an internal road constructed in accordance with the specifications in Rule 98.

(b) an effective slope and drainage system shall be maintained at all times on the developed ground after slope cutting or filling, during and after development as per this Rules on any side;

(c) the drainage system shall efficiently collect and carry away from the site, the water collected within the premises or the building complex or from the hillside above, fix suitable disposal as quickly an possible to water courses such) as main drains or natural streams/jhoras without stagnation, avoiding any possibility or erosion, slope failure, damage to the building or other property in the vicinity.

(2)     (a) proper slops not less than 1: 60 shall be maintained all around a building for quick drainage of the entire plot as provided in Rules 90(1) (d) and 98.

The possibilities of erosion or ground failure through ingress and percolation of water into soft ground or through joints and fissures in the soil crust shall be prevented by suitable surface protection measures such as surface grouting, stone pitching, planting of small plant and grass, so as to protect and make the surface impervious in accordance with the provisions of the BIS Code, specially the minimum distance from provision required to be maintained for planting trees;

(b) the flow of water, particularly on the upper side of the building, shall be diverted away from the foundations through suitable lined or unlined drains;

(c) drains for sullage/rain water must be constructed with round or half-round tiles embedded in concrete, or with U-shaped stone masonry set in lime mortar and plastered over the inner surface with Portland cement or with U-shaped stone concrete and the sectional area of every drain shall be subject to the approval of the ULB.

(d) drains for surface water only may be constructed either of dry rubble masonry or of any other material approved by the ULB and may be either rectangular or U-shaped in section. Such drains shall not be connected with any drain carrying sullage water or sewage;

(e) except with the written permission of the ULB no covered drain shall be constructed and no existing open drain shall be covered in;

(f) no building shall be placed cover any drain;

(g) where a small drain is crossed by a private road, a removable, R.C.C. slab cover or wooden or iron grating, if the ULB so direct, must be laid over the drain, instead of covered culvert;

(h) drains must discharge into the nearest water channel or public drain, unless in any case the ULB otherwise direct, The outfall of a drain into a water channel or public drain must be protected and guided in such manner as ULB may direct. Where the drain of a private road joins the drain of a public road, the former drain must be so directed or so protected by strike boards as to minimize the risk of damage to the public drain or road.

Filters may also be provided where necessary;

(i) every building must be constructed so as not to project over, or admit of water from the roof falling upon or damaging, any open space, road or passage it abuts, whether public or private;

(j) every building shall have rain water gutters and pipes connected to a drain, along the periphery of a building;

(k) a masonry drain must be placed round the periphery of every building or block of buildings, sufficient in section and slope to the satisfaction of the ULB for the effectual of the building and placed as to admit of the drainage being led into some drain at the time existing or projected;

(l) the surrounding round adjacent to the building must be sloped from all sides towards the perimeter drain and an impervious apron, not less than 0.75 m. wide shall be provided all around the building to prevent the entry of water into the foundations.

(3)     (a) Septic tank and soak pits shall also be so located so as to be easily accessible from the means of access to the plot.

(b) Soak pits shall be constructed on the side of buildings as far as possible, at right angles to the slope of the land and as far as possible from the building foundations. There shall be a minimum clearance of 2.1 meters between the foundation and the soak pit to minimize the chances of dampness and slope failures due to seepage from the soak pit.

(4)     (a) A private bridge must be constructed as and where necessary to the satisfaction of the ULB so as to leave sufficient waterway to pass the maximum discharge of the channel spanned by the bridge.

(b) The invert of the channel under a private bridge must, as far as practicable, be laid to the same slope as that of the channel.

(c) When a pocket for the deposit of debris is cut in the hillside above a private bridge, it must be lined with masonry walls unless, if constructed on solid rock.

Rule - 100. Protective work in hills.-

(1)     The cutting of slopes in the creation of steps and terraces for development work shall be carried out while ensuring the stability of excavations to provide for the safety of the buildings located and constructed thereon in accordance with the provisions in the BIS Codes.

(2)     Local ground conditions shall be taken into account in the determination of the appropriate precautionary work and protection walls such as revetments, retaining walls, toe walls and breast walls as well as the specifications of the latest relevant codes of practice of the Bureau of Indian Standards including:-

IS 14243 - part I & II: Selection and development of site for building in hill areas guidelines.

(3)     The maximum height of cutting for development work as per soil strata shall be as given below:

Cutting of slopes over a height of 6.0 meters shall not be ordinarily permitted, excepting with the special approval of the ULB.

(4)     (i) The foundation of every protection wall must be taken down to original and firm soil or rock, have a bed line cut at right angles with the face of the wall and a slope of 3: 1 towards the hillside;

(ii)(a) where a protection wall does not exceed 6.0 meters in height and is not surcharged the mean of thickness of the revetment of wall above the footings shall not be less than one-third of the vertical height of the revetment of wall, measured from the top of the footings,

(b) where a protection wall does not exceed 6.0 meters in height and is surcharged, the height assumed, for the determination of mean thickness of the revetment or wall above the footings, shall be one and a half times the actual vertical height:

Provided that the width at the top shall in no case be less than 0.5 meters and shall not in any case exceed 1.0 meter,

(c) no structure shall be allowed to be raised from the top of the retaining/protective walls.

(iii) (a) a protective wall may be of dry rubble masonry, or cement masonry as per the directions of the ULB.

(b) dry stone masonry protection walls shall include cement masonry bands, in 1: 4 cement sand mortar 0.4 to 0.6 meter thick, at top and bottom and vertically at 3.0 to 5.0 meters spacing,

(c) no stone used shall be of greater height than its length or breath, all stones used must be laid on their natural beds, and must be arranged so as to break joint as far as may be possible,

(d) every protection wall must be built up solid to full section and sprawls or chips shall not be used for filling the courses unless their use is unavoidable;

(iv) one though bonding stone or line of bonding stones must be inserted at intervals at 1.50 meters in each course, and at points intermediate between the corresponding bonding stones of the course show:

any of the bonding stones, which do not extend right through the wall, must overlap each other for one-third of their length.

(v)     (a) special investigations and analysis shall be carried out to determine the details of protection works in the case of R.C.C. retaining walls or protection walls on steep cut slopes greater than 6.0 meters in height, or in case of fine soils like silt, clay or shales,

(b) in all such cases, detailed designs must be submitted to the Local Body and the sections must be such as the ULB may approve,

(c) protection walls of height more than 6.00 meters and successive retaining walls, shall only be permitted when there is hard stable rock behind and below the toe of the said wall, as permissible under relevant BIS codes of practice;

(vi) the height of cutting for any step of a stepped building shall not be more than 4 m and successive protection walls shall only be permitted when there is hard stable rock behind and below the toe of every such walls;

(vii)     (a) weep-holes shall be provided in breast walls and retaining walls equipped with graded filter for proper drainage at intervals of 1.2 meters horizontally and 1.2 meters vertically, in staggered manner and beginning from 0.20 meter above ground level.

(b) water along the base of a breast wall and retaining wall shall be drained out by means of a suitable lined drain forming an integral part of the drainage system as specified in Rule

(viii) when, a slope is determined to be vulnerable to a debris slide in pursuance of any requisition or direction made or given by the ULB, the angle of a slope shall be reduced to an angle of not more then 30ø to the horizontal plane through trimming or cutting to make the slopes stable along with minor protection both for soil and building work.

Any barren surfaces above a cut slope shall be planted with selected varieties of light but deep rooted bushes, shrubs and grass to cheek soil erosion and improve the stability of the slope, in pursuance of any requisition or direction made or given by the ULB.

Rule - 101. Special conditions.-

(1)     Additions to existing buildings shall only be permitted in the case of structurally sound structures with a record of the complete details pertaining to the soil stability materials and system of construction.

(b) the total floor area, height and ground coverage after addition to an existing building shall not exceed the provisions of maximum permissible floor area, height and open space as per the criteria specified in this Rule and other relevant Rules, while the additions to an existing building shall further conform to the provisions for front, rear and side setback as specified in these Rules.

(2)     In the case of multiple buildings in a plot, open space shall be set aside as specified in for the purpose of public and community activity, in addition to the provisions for open space and for providing the means of access as specified in this Rule.

(3)     Every building erected or re-erected, must have such structural and architectural features as to prevent the building being in the opinion of the ULB unsightly or unsuitable to its surroundings.

Furthermore, if the roof or walls of any building is, in the opinion of Local Body is in an unsightly condition they may, by written order direct the owner to repair, paint or colour-wash such part of the building as they may direct within the period specified in the order.

(4)     The foundations of all buildings, parts must rest on solid ground or rock and have width and depth suitably designed, according to the distribution of the soil and hard rock strata in different parts of the foundation, and have dimensions worked out as per the permissible safe bearing capacity and other consideration in accordance with relevant Codes of practice of BIS. The depth below the ground level shall not be less than 2.00 meters in the case of R.C.C. column footings and 1:2 meters in the case of all foundations.

(5)     Every building or part thereof shall have continuous foundation walls, extending below ground level as specified. All openings in such walls or in floors, walls, windows and drains and all junctions between building parts shall be tightly closed or effectively secured with pest proof screening materials as approved by the ULB.

(6)     The party-walls of a masonry or framed building or the end wall of a Ferroconcrete building must be built of stone or brick bedded in lime or cement mortar for their full height and if the ULB so direct, must be carried up of a thickness of not less than 0.25 meter, above the roof, flat or gutter to such a height as will give a distance of at least 0.5 meters measured at right angles to the slope of the roof above the highest part of the roof flat or gutter.

(7)     (a) Individual columns of all R.C.C. framed building, in the case of stepped foundations, shall be interconnected in 2(two) directions, generally at right angles, by R.C.C. beams at the footing level, designed in accordance with the latest edition of BIS Codes of practice;

(b) individual columns of all R.C.C. framed buildings as well as all external and internal walls of a load bearing structure, shall be interconnected in 2(two) directions generally at right angles, by R.C.C. beams at plinth level, adequately designed in accordance with BIS Codes of practice;

(c) there shall be adequately designed R.C.C. lintel bands in all external and internal brick and stone masonry walls at vertical intervals not more than 0.9 meter. These shall be continuous and connected to each other at the same level in the case of all load bearing walls and tied to the columns in case of R.C.C. framed structure.

(8)     No building shall be altered so as to reduce the number, width or location of exist to less than what is required under the criteria specified in this Rules.

(9)     If any car parking space is required to be provided under the criteria specified in this Rules and no such car parking space can be provided in such existing building, the floor area allowable under the provisions of these Rules shall be reduced by the area required for such car parking spaces which cannot be provided for in the said building.

(10)   No building shall be erected or re-erected in any locality if the ULB at a meeting, records in writing that the proposed construction, either by reason of the nature of its construction and location or by reason of the uses to which it is intended to be put, is likely to affect in any substantial degree prejudicially any existing building, in the locality by reducing its market value or by diminishing any advantage it enjoys on account of its situation or otherwise.

(11)   The ULB may decide the widths of buffer zone upslope and down slope of National Highways and State Highways where no new construction or addition/alteration to any existing structures or change of use will be allowed.

(12)   The minimum widths for corridors within the building shall be as follows:

 

PART XI HERITAGE BUILDING

Rule - 102. Preservation and conservation of heritage buildings.-

(1)     Every owner or occupier of any heritage building declared as such by the ULB shall maintain, preserve and conserve it and shall not change its use in contravention of the provisions of these Rules or the regulations made there under for its maintenance, preservation or conservation.

Explanation I.- The word "maintain", with its grammatical variations and cognate expressions, shall include fencing covering, repairing, restoring or cleansing or doing of any act which may be necessary for the purpose of preserving or conserving, of or securing convenient access to, a heritage building.

Explanation II. - "Owner" shall, notwithstanding anything contained elsewhere in the Act include, for the purposes of this chapter -

(a)      a joint owner of a heritage building vested with the power of management thereof on behalf of himself and any other joint owner, or successor in-title of any such joint owner, or

(b)      a manager or trustee, vested with the power of management of a heritage building or successor- in-office of such manager or trustee.

(2)     Where the ULB on the recommendation of the Heritage Conservation Committee and also the Mayor/Chairperson of the ULB is of the opinion that any building in the ULB should be preserved and conserved for historical architectural, environmental, cultural and ecological purpose, it may declare such building as a heritage building;

provided that during the period when any proposal for declaring any building as a heritage building under consideration of the Heritage Conservation Committee or the Mayor/Chairperson of the ULB, no owner of such building or no lessee or sub-lessee to whom such building has been leased out, shall transfer such building by way of sale, lease or mortgage without prior approval of the Mayor/Chairperson of the ULB.

(3)     The Mayor/Chairperson of the ULB shall constitute a Committee to be called the Heritage Conservation Committee with the Mayor/Chairperson of the ULB as its Chairman and the In-Charge of Public Works Section as its Convener.

(4)     The committee shall have, in addition to the Chairman and the convener, seven other members as follows:-

(a)      one shall be a nominee of the District Magistrate of the District;

(b)      one shall be a nominee of the Director of the Department of Archaeology, Govt. of Tripura/Govt. of India;

(c)      one shall be an eminent Architect;

(d)      one shall be an Artist;

(e)      one shall be an Environmentalist;

(f)       one shall be a Historian;

(g)      one shall be the concerned Executive Engineer of the ULB/Engineering wing of UDD

(5)     The Committee may co-opt any person to be nominated by the concerned department of the State Government while dealing with any land or building under the management of the said department.

(6)     The Committee shall, in accordance with the provisions of the Act and the Rules and the regulations made there under scrutinize every application or proposal for: declaration of a building as a heritage building, and recommend to and also advise the Mayor/Chairperson in respect of preservation and conservation of such building.

(7)     The committee shall meet as such periodical interval as may be determined by the Chairman.

(8)     The Chairman shall, in case of emergency take such measures as may be necessary for the preservation and conservation of a heritage building provided that such measures shall be required to be approved by the Heritage Conservation Committee at its meeting.

(9)     The Heritage Conservation Committee shall have the power to function independent of the ULBs for the purpose of preservation, conservation and maintenance of heritage building in so far such power does not offend any other provision of the Act or the Rules made there under relating to construction or use of building:

provided that for erection or re-erection in a heritage building and part thereof or for restoration of any heritage building to its old shape, design or beauty in the case of unlawful demolition, or for making any change of internal and external wall, structural pattern, floor, roof, interior or exterior architectural floor, facade or skyline or for any other change, of a heritage building the provisions of the Act and the Rules made there under shall apply mutates mutandis.

(10)   Subject to the other provisions of the Act the Mayor/Chairperson, may acquire, purchase or take on lease any heritage building for the purpose of preservation and conservation thereof;

Provided that in the case of heritage building declared as such for the purpose of preservation and conservation as required under the Tripura Town and Country Planning Act, 1975, the approval of the concerned department of the State Government shall be taken.

(11)   When the owner of any heritage building is not willing to preserve or conserve any heritage building, the Mayor/Chairperson may for the purpose of acquisition of such heritage building by agreement and on the recommendation of the Heritage Conservation Committee and with the approval of the ULB allow the transfer of right of development of such heritage building, which shall be heritable and transferable, to the owner of such heritage building in such manner, and subject to such conditions, as may be prescribed.

Explanation I. - "Development" shall have the same meaning as in the Tripura Town and Country Planning Act, 1975.

Explanation II.- "Right of development of a heritage building" shall mean the right of development, in the prescribed manner, of such potentials as may be available in respect of such heritage building on a plot of land different from the land and building comprising the heritage building but in the same ward of the ULB.

(12)   Subject to such Rules or regulations as may be made under these Rules and any Act every person shall have the right to access to any heritage building acquired by the ULB.

(13)   The ULB shall have the right to allow the transfer of right of development to the lessee of a heritage building where the unexpired period of the term of lease is for 90 years, and to take the heritage building on sub-lease by agreement, if there is provisions for such sub-lease in the deed executed between the owner and the lessee, provided that the question of payment of premium or rent in such case to the owner shall not, notwithstanding any agreement in this behalf arise, and if the owner as confirming party to the agreement waives the right to receive any further payment of such premium or rent.

(14)   If the ULB considers that it is necessary to acquire any building declared as a heritage building for the purpose of preservation and conservation as required under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the Tripura Town and Country Planning Act, 1975, by agreement or under the Land Acquisition Act 1984, permission of the concerned Department of the State Government shall be taken before such acquisition.

(15)   If the owner of a heritage building enters into an agreement with the ULB to maintain, preserve and conserve such heritage building property at his own expenses the ULB may, in such case, exempt wholly or partly the owner of such heritage building from payment of rates of taxes or fees for supply of water or any other charge in respect of such heritage building.

(16)   (i) The Mayor/Chairperson may pending acquisition of a heritage building by the ULB under these Rules or any Act and with the approval of the ULB propose to the owner of such heritage building to enter into an agreement with the ULB for a specified period for the maintenance of such heritage building;

(ii) the agreement as aforesaid may provide for all or any of the following matters:-

(a)      maintenance of the heritage building by the owner or by any other person willing to maintain the said heritage building,

(b)      custody of the heritage building and the duties of the person who may be employed to watch it;

(c)      the restriction on the owners right-

(1)     to use the heritage building for any other purpose detrimental to its conservation.

(2)     to chase any fee for entry into, or inspection of, the heritage building, and

(3)     to build on or near the site of the heritage building.

Rule - 103. Repeal and savings.-

(1)     All Rules as to the use of building sites and execution of building works, made under the Tripura Municipal Act (herein after referred to as the former Rules) and in force immediately before the coming into force of these Rules, shall, with effect from the date of coming into force of these Rules, cease to have effect.

(2)     Notwithstanding such ceaser, every building plan sanctioned under the former Rules and remaining valid on date immediately before the date of coming into force of these Rules, shall continue to remain valid till the expiry of the period of validity thereof.

PART –XII SPECIAL PROVISIONS ON HUTS, FACILITIES FOR PHYSICALLY HANDICAPPED PERSONS, GREEN BUILDINGS AND SUSTAINABILITY PROVISIONS LIKE ROOF TOP SOLAR ENERGY INSTALLATION, SOLAR ASSISTED WATER-HEATING SYSTEM, RAINWATER HARVESTING, WASTEWATER RECYCLING AND INSURANCE OF FUNCTIONAL BUILDINGS.

Rule - 104. Huts/mud walls.-

In areas specially set apart in development plans and detailed Town Planning Schemes, or in any area approved by the ULB, construction of huts may be allowed subject to the following conditions:-

(a)      Application for permission to construct or re- construct or alter or add to a huts/Mud Walls shall be in the form set out vide these Rules ( form set out in the Appendix - "A" ) .

(b)      A Hut/Mud Wall have 1.5 meters wide open space on all sides.

(c)      A Hut/Mud Wall shall have its floor area at least 20 cm. above the surrounding grounds.

(d)      A Hut/Mud wall shall have a clear internal area of 4 square meters and minimum width in any direction shall not be less then 2 mtrs.

(e)      No Hut/Mud wall shall be of more than one storey. The minimum height at the caves shall not be less than 2 meters.

(f)       Every Hut/Mud wall shall invariably be provided with ventilating openings of not less than 10 per cent of the floor area.

(g)      Every Hut/Mud wall shall be provided with adequate sanitary and drainage arrangements. Latrines shall be of water flush sanitary system.

(h)     Application Fee for seeking permission to construct a Hut/Mud Wall, the rate will be as per the fixed by the concerned ULB.

Rule - 105. Green buildings and sustainability provisions.-

(1)     All buildings on various plot sizes above 500 sq.m. shall comply with the green norms and conform to the requirements mandatory for sanction.

(2)     Provisions and Applicability

The green building provisions on various plot sizes are indicated in the table below:

Provisions and applicability for various plot sizes (Residential and Non-Residential)

(3)     Provisions for Sanction

1.        Water Conservation and Management

(a)      Rain Water Harvesting

(b)      Low Water Consumption Plumbing Fixtures

(c)      Waste Water Recycle and Reuse

(d)      Reduction of Hardscape

2.        Solar Energy Utilization

(a)      Installation of Solar Photovoltaic Panels

(b)      Installation of Solar assisted Water Heating Systems

3.        Energy Efficiency (Concept of passive solar design of buildings)

(a)      Low Energy Consumption Lighting Fixtures (Electrical Appliances- BEE Star and Energy Efficient Appliances)

(b)      Energy Efficiency in HVAC Systems.

(c)      Lighting of Common areas by Solar Energy/LED devices.

4.        Waste Management

(a)      Segregation of Waste

(b)      Organic Waste Management

In case owners of properties desire to procure green building rating from one or more rating bodies, they may suitably incorporate any other provisions, if required.

Rule - 106. Minimum provisions for differently-abled, elderly and children required in various types of buildings.-

(1)     Applicability

These regulations shall be applicable to all buildings and facilities used by the public such as educational, institutional, assembly, commercial, business, mercantile buildings and group housing constructed on plots having an area of more than 2000 sq.m. It shall not apply to private residential buildings.

(2)     Guidelines and provisions

Provisions in the following guidelines shall apply:

1.        "Guidelines and Space Standards for Barrier Free Built Environment for Disabled and Elderly Persons", (1998), Central Public Works Department, GoI.

2.        "Manual on Barrier Free Environment", (2002), O/o the Chief Commissioner for Persons with Disabilities, Ministry of Urban Development, GoI.

3.        "National Building Code", (2005), Bureau of Indian Standards.

4.        "National Policy for Persons with Disabilities", (2006), Ministry of Social Justice and Empowerment, GoI.

5.        "Harmonized Guidelines and Space Standards for Barrier Free Built Environment for Persons with Disabilities and Elderly Persons", (Draft 2014), Ministry of Urban Development, GoI.

(3)     Types of buildings to adopt barrier free guidelines

(a)      Buildings to be designed for Ambulant Disabled People Higher Secondary School, Conference Hall, Dance Halls, Youth Centers, Youth Clubs, Sport Centers, Sport Pavilions, Boar Club Houses, Ice Rinks, Bowling Centers, Swimming Pools, Police Stations, Law Courts, Courts Houses, Sport Stadiums, Theaters, Concrete Halls, Cinemas, Auditoria, Small Officers (the maximum plinth area 1400 sq.mt.) Snack Bars, Cafes and banqueting rooms (for capacity above 50 dinners).

Note:

a.        In sport stadiums provisions shall be made for non-ambulant spectators(small wheel-chair).

b.        @ 1:1000 up to 10,000 spectators and @ 1:2000 for spectators above 10,000.

c.        In Theaters, Concert Halls, Cinemas and Auditoria provisions shall be made for non-ambulant spectators (Small Wheel Chairs) @ 1/250 up to 1000 spectators and 1/5000 for spectators above 1000.

(b)      Buildings to be designed for Non-Ambulant Disabled People.

Schools for differently abled and all other buildings and along with Botanical gardens, Religious Buildings, Elderly People Clubs, Village Halls, Day Centers, Junior Training Centers, Post Offices, Banks, Dispensaries, Railway Stations, Shops, Super Markets, and Departmental Stores.

Note: Large wheel chair criteria shall be applicable on ground floors of the following building, post offices, banks, dispensaries, railway station, shops, supermarkets, and departmental stores.

(c)      Buildings to be designed for Non-Ambulant People (Using small wheel chairs)

Public lavatories in Tourist Sports, Clubs Motels, Professional and Scientific Institution, Museum, Art Galleries, Public Libraries, Laborites, Universities, College for further Education, Teachers Training Colleges, Technical Colleges, Exhibition Halls, Dentist Surgeries, Administrative Department of the Hospitals, Service Stations, Car Parking, Buildings, Airports Terminals, Bus Terminals, Factories, Employing differently abled for sedentary works, Large Offices, (with plinth area abode 1400 sq.mt.), Tax Offices, Passport Offices, Pension Offices, and Labour Offices, Cafes, Banqueting Rooms and Snack Bars (For capacity above 100 dinners).

(d)      Site development

Level of the roads, access paths and parking areas shall be described in the plan along with specification of the materials.

                                                              (i)          Access Path/Walk Way

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any steps. Slope, if any, shall not have gradient greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to coloured floor material whose colour and brightness is conspicuously different from that of the surrounding floor material or the material that emits different sound to guide visually impaired persons; hereinafter referred "o" as "guiding floor material". Finishes shall have a non-slip surface with a texture traversable by a wheel chair. Kerbs wherever provided should blend to a common level.

                                                             (ii)         Parking

For parking of vehicles of differently-abled people, the following provisions shall apply:

(a)      Surface parking for two car spaces shall be provided near entrance for the physically differently-abled persons with maximum travel distance of 30.0 m. from building entrance.

(b)      The width of parking bay shall be minimum 3.6 meter.

(c)      The information stating that the space is reserved for wheel chair users shall be conspicuously displayed.

(d)      Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(4)     Building requirements

The specified facilities in buildings for differently abled persons shall be as follows:

(a)      Approach to plinth level Every building should have at least one entrance accessible to the differently abled and shall be indicated by proper signage. This entrance shall be approached through a ramp together with the stepped entry.

i.         Ramped Approach: Ramp shall be finished with non-slip material to enter the building. Minimum width of ramp shall be 1800 mm with maximum gradient 1;12. Length of ramp shall not exceed 9.0 meter having 800 mm high hand rail on both sides extending 300 mm beyond top and bottom of the ramp. Minimum gap from the adjacent wall to the hand rail shall be 50 mm.

ii.        Stepped Approach: For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high hand rail on both sides of the stepped approach similar to the ramped approach. iii. Exit/Entrance Door: Minimum & clear opening of the entrance door shall be 900 mm and it shall not be provided with a step that obstructs the passage of a wheel chair user. Threshold shall not be raised more than 12 mm.

iii.       Entrance Landing: Entrance landing shall be provided adjacent to ramp with the minimum dimension 1800 mm x 2000 mm. The entrance landing that adjoins the top end of a slope shall be provided with floor materials to attract the attention of visually impaired person's (limited to coloured floor material whose colour and brightness is conspicuously different from that of the surrounding floor material or the material that emits different sound to guide visually impaired persons. Finishes shall have a non-slip surface with a texture traversable by a wheel chair, Kerbs wherever provided should blend to a common level.

(b)      Corridor connecting the entrance/exit for the differently abled

The Corridor connecting the entrance/exit for differently abled leading directly outdoors to a place where information concerning the overall use of the specified building can be provided to visually impaired persons either by a person or by signs, shall be provided as follows:

                                                                              (i)          Guiding floor materials' shall be provided or device that emits sound to guide visually impaired persons.

                                                                             (ii)         The minimum width shall be 1500 mm.

                                                                            (iii)         In case there is a difference of level, slope ways shall be provided with a slope of 1:12.

                                                                            (iv)        Handrails shall be provided for ramps/slope ways.

(5)     Stair-ways

One of the stir-ways - near the entrance/exist for the differently abled shall have the following provisions:

                                              (i)          The minimum width shall be 1350 mm.

                                             (ii)         Height of the riser shall not be more than 150 mm and width of the tread 300 mm.

The steps shall not have abrupt (square) nosing.

                                            (iii)         Maximum number of risers on a flight shall be limited to 12. 

                                            (iv)        Handrails shall be provided on both sides and shall extend 300 mm on the top and bottom of each flight of steps.

(6)     Lifts

Wherever lift is required as per bye-laws, provision of at least one lift shall be made for the wheel chair user with the following cage dimensions of lift recommended for passenger lift of 13 person's capacity of NBC, BIS. Desirable Lift size are:

Clear internal width 1100 mm.

Clear internal depth 2000 mm.

Entrance door width 900 mm.

(a)      A hand rail not less than 600 mm long at 1000 mm above floor level shall be fixed adjacent to the control panel.

(b)      The lift lobby shall be of an inside measurement of 1800 mm x 2000 mm or more.

(c)      The time of an automatically closing door should be minimum 5 seconds and the closing speed should not exceed 0.25 m/sec.

(d)      The interior of the cage shall be provided with a device that audibly indicates the floor, the cage has reached indicates that the door of the cage of entrance/exit is either open or closed.

(e)      Graphic/Braille signage, as per the Harmonized Guidelines, shall be provided in the lift lobby.

(7)     Toilets

One special W.C. in a set of toilets shall be provided for the use of differently abled with essential provision of washbasin near the entrance for the differently abled.

(a)      The minimum size shall be 1500 mm x 1750 mm.

(b)      Minimum clear opening of the door shall be 900 mm and the door shall swing out.

(c)      Suitable arrangement of vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(d)      The W.C. seat shall be 500 mm. from the door.

(a)      Provision of W.Cs in buildings without lift:

Provision of special W.C. shall be made on all floors for buildings designed for ambulant disabled persons. For buildings designed for non-ambulant disabled special W.C. shall be provided at Ground Floor. Size of W.C. shall depend on the type of wheel chair used by the disabled.

(b)      Provisions of W.Cs in buildings with lift 

Provision of Special W.C. shall be made on all floors. Size will depend on the category of disabled for whom it has been provided.

(c)      Toilet Details:

For Toilets Designed for Ambulant Disabled

                                                                                              (i)          The minimum size of W.C. shall; be 1075 x 1650 mm with a minimum depth of 1450 mm from entry door 900 mm.

                                                                                             (ii)         Long handrail on the side closer to W.C. with a clear width between the handrails shall be 900 mm and height of handrails shall be 800 mm from floor level. iii) Minimum size of the clear door opening shall be 780 mm.

(d)      For Toilets Designed for Non-Ambulant Disabled Small Wheel Chair:

The minimum size of W.C. shall be 1350 x 1500 mm with minimum depth of 1500 mm from entry door. 900 mm long handrail on the side closer to W.C. shall be provided. To provide movement space for wheel chair, W.C. seat shall be fixed towards one side to the opposite adjacent wall. The centerline of W.C. from the adjacent wall shall be 400 mm and minimum 950 mm from the other wall. Minimum size of the clear door opening shall be 780 mm.

(e)      For Toilets Designed for Non-Ambulant Disabled Using Large Wheel Chair:

The minimum size of W.C. shall be 1500 x 1750 mm with minimum depth of 1750 mm for entry door. 900 mm long handrail on the side closer to W.C. shall be provided. To provide movement space for wheel chair, W.C. seat shall be fixed towards one side to the opposite adjacent wall. The centerline of W.C. from the adjacent wall shall be 400 mm and a minimum of 1100 mm from the other wall. Minimum size of clear door opening shall be 860 mm.

(8)     Designing for Children

In the buildings meant for the pre-dominant use of the children, it will be necessary to suitably alter the height of the handrail and other fittings & fixures etc. Note ; Guiding/Warning Floor Material: The floor material to guide or warm the visually impaired persons with a change of colour or material texture and easily distinguishable from the rest of the surrounding floor materials. The material with deferent texture gives audible signals with sensory warning when a person moves on this surface with walking stick. The guiding/warning floor material is meant to give the directional effect or warm a person at criteria places. It should be provided in the following areas:

a.        The access path to the building and to the parking area.

b.        The landing lobby towards the information board, reception, lifts staircases and toilets.

c.        Immediately at the beginning/end of walkway where there is a vehicular traffic.

d.        At the location abruptly changing in level or beginning/end of a ramp.

e.        Immediately in front of an entrance/exit and the landing.

(9)     Drinking Water:

Suitable provision of drinking water shall be made for the differently abled near the special toilet provided for them.

(10)   Refuge:

An alternative to immediate evaluation of a building via staircases and/or lifts is the movement of disabled persons to areas of safety within a building. If possible, they could remain there until the fire is controlled and extinguished or until rescued by the fire fighters.

(a)      It is useful to have provisions of a refuge area, usually at the fire protected stair landing on each floor that can safely hold one or two wheelchairs.

(b)      Hand Doorways with clear opening width of 900 mm and regular compliance

(c)      Have an alarm switch installed between 900 mm and 1200 mm from floor level.

(11)   Proper signage

(a)      appropriate identification of specific facilities within a building for the differently abled persons should be done with proper signals.

(b)      Visually impaired persons make use of other senses such as hearing and touch to compensate for the lack of vision, whereas visual signals benefit those with hearing disabilities. Signs should be designed and located so that they are easily legible by using suitable letter size (not less than 20 mm high)

(c)      For visually impaired persons, information board in brail should be installed on the wall at a suitable height and it should be possible to approach them closely.

(d)      To ensure safe walking, there should not be any protruding sign which creates obstruction in walking.

(e)      Public Address system may also be provided in busy public areas.

(f)       The symbols/information should be in contrasting colour and properly illuminated because people with limited vision may be able to differentiate amongst primary colours.

(g)      Internal Symbol Mark for wheel chair be installed in a lift, toilet, staircase, parking areas, etc., that have been provided for the differently abled.

(12)   Public Building regulations

In case of design regulations in public buildings (excluding domestic buildings), provisions for differently-abled shall be adopted as below:

To Provide Facilitates in the Public Building Excluding Domestic Buildings for Differently-abled Persons

a.        Definitions

Ambulant Disabled People: Disabled who are able to walk but who may depend on prostheses (Artificial Limbs) orthoses (Calipers), Sticks, Crutches or Walking aids. Non-Ambulant Disabled People: Disabled people impairments that confine them to wheelchair. Wheel Chair: Chair used by disabled people for mobility.

                                                                             i.            Size of small wheel chair: 750 x 1050 mm ii) Size of large wheel chair: 800 x 1500 mm

b.        Scope

These bye-laws are applicable to public buildings and exclude domestic building. Building which shall provide access to ambulant disable and Non-Ambulant disabled are listed below. Distinction is made for buildings to be designed for the use of large wheel chairs and small wheel chairs.

c.        Building to be designed for Ambulant Disabled People

Higher Secondary School, Conference Hall, Dance Halls, Youth Centers, Youth Clubs, Sport centers, Sport Pavilions, Boat Club Houses, Ice Rinks, Bowling Centers, Swimming pools, Police Stations, Law Courts, Courts Houses, Sport Stadium, Theaters, Concert Hall, Cinemas, Auditorias, Small Offices ( the maximum plinth area 1400 sq. mt) Snack Bars, Cafes and banqueting rooms (for capacity above 50 dinners)

Note:

                                                                                              (i)          In sport stadiums provisions shall be made for non-ambulant spectators (small wheel chair)

                                                                                             (ii)         @ 1:1000 up to 10,000 spectators and @ 1:2000 for spectators above 10,000.

                                                                                            (iii)         In Theaters, Concert Halls, Cinemas and Auditoria provisions shall be made for non-ambulant spectators (Small Wheel Chairs) @ 1/250 up to 1000 spectators and 1/500 for spectators above 1000.

d.        Building to be designed for Non-Ambulant Disabled People:

Schools for physically handicapped, cremation, buildings as mentioned in 3, Botanical Garden, Religious Buildings, Old People Clubs, Village Halls, Day Centers, Junior Training Center, Post Offices, Banks, Dispensaries, Railway stations, Shops, Super Markets, and Departmental Stores. Notes: Large Wheel Chair Criteria shall be applicable on ground floors of the following building. Post offices, banks, dispensaries, railway stations, shops, Supermarkets and departmental stores.

e.        Building to be designed for Non-Ambulant People (Using Small Wheel Chairs)

Public lavatories in Tourist Sports, Clubs Motels, Professional and Scientific Institution, Museum, Art Galleries, Public Libraries, Laborites, Universities, Collage for further Education, Teachers Training Collages, Technical Collages, Exhibition Halls Dentist Surgeries, Administrative Department of the Hospitals, Service Stations, Car Parking, Buildings Airports Terminals, Bus Terminals, Factories Employing Handicapped for sedentary works, Large Offices, (With Plinth area abode 1400 sq. mt), Tax Offices, Passport Offices, and Labour Offices, Cafes, Banqueting Rooms and Snack Bars (For Capacity Above 100 dinners).

f.         Buildings Requirements:

All Building requirements for building projects proposed under this category shall be conforming to Annex D, Part 3 of NBC.

Rule - 107. Roof top solar energy installation.-

Rooftop photovoltaic power station, or rooftop PV system, is a photovoltaic system that has its electricity -generating solar panels mounted on the rooftop of any building. The various components of such a system include photovoltaic modules, mounting systems, cables, solar inverters and other electrical accessories. Rooftop PV systems are faster than other types of renewable power plants. They are clean, quiet, and visually unobtrusive. Table below stipulates the Norms for Roof Top solar PV Installation-

Norms for Roof Top Solar PV Installation and generation

 

Rule - 108. Installation of solar assisted water heating system in govt. Functional buildings.-

Installation of Solar water Heating System:

(a)      New Building:

Clearance of plan for the construction of new buildings shall only be given if they have a provision in the building design itself for insulated pipelines from the rooftop in the building to various distribution points where hot water is required. The buildings must have a provision for continuous water supply to the solar water heating system. The building should also have open space on the rooftop, which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per sqm. All new buildings must complete installation of Solar Water Beating Systems before obtaining necessary license to continuance their business.

(b)      Existing Buildings:

Installation of Solar Assisted Water Heating Systems in the existing building is mandatory at the time of change of use provided there is a system or installation for supplying hot water. The ULB will strictly observe it while changing the pattern of use.

(c)      Capacity:

The capacity of Solar Water Heating System to be installed on the building of different categories shall be decided in consultation with the ULB. The minimum capacity shall not be less than 25 liters per day for each bathroom and kitchen subject to the condition that maximum of 50% of the total roof area is provided with the system.

(d)      Specification:

Installation of Solar Assisted Water Heating System shall conform to BIS (Bureau of Indian Standards) specification IS 12933. The Solar collectors used in the system shall have the BIS certification mark.

(e)      Auxiliary System:

Wherever hot water requirement is continuous auxiliary heating arrangement either with electric elements or oil of adequate capacity can be provided.

Rule - 109. Categories of buildings/public utility places where solar assisted water heating systems are to be installed.-

The following categories of buildings in which there is a system of installation for supplying hot water shall be built unless the system or the installation is also having an auxiliary solar assisted water heating system:

(a)      Hospitals & Nursing Homes;

(b)      Hotels, Lodges and Guest Houses;

(c)      Hostels of Schools, Colleges, Training Centres

(d)      Barracks of armed forces, paramilitary forces and polices;

(e)      Individual residential building having more than 150 sq. meter. plinth area;

(f)       Functional Buildings of Railway stations and Air Ports - like waiting rooms, retiring rooms, rest rooms, inspection bungalows and catering units;

(g)      Community centres, Banquet Halls, Barat Ghars, Kalyan mandaps and buildings for similar use.

Rule - 110. Provision for rainwater harvesting, wastewater recycling and solid waste management.-

(a)      Rain Water Harvesting:-

(1)     The RWH system

The harvesting of rainwater simply involves the collection of water from surfaces on which rain falls, and subsequently storing this water for use. The rainwater collected can be stored for direct use or can be recharged into the underground aquifers. In scientific terms water harvesting (broadly) refers to collection and storage of rainwater from the rooftops. This also restricts evaporation and seepage into building foundations. All building having plinth area not less than 200 sq.m., while submitting the building plans for sanction, shall mandatorily include the complete proposal of rainwater harvesting.

A rainwater harvesting system consists of:

i.         Roof catchment

ii.        Gutters

iii.       Down pipes

iv.       Rain water/Storm water drains

v.        Filter chamber

vi.       Storage Tanks/Pits/sumps,

vii.      Ground Water recharge structures like pit, tube well or combination of above structure.

(2)     Rainwater harvesting techniques:

There are two main techniques of rain water harvestings. They are Storage of rainwater on surface for future use and Recharge to ground water.

The technical aspects and options of Rainwater harvesting are as follows: The storage of rain water on surface is a traditional technique and the structures used were underground tanks, ponds, check dams, weirs etc. Recharge to ground water is a new concept of rain water harvesting and the structures generally used are:-

i.         Pits: Recharge Pits are constructed for recharging the shallow aquifer. These are constructed 1 to 2m wide and to 3m deep which are back filled with boulders, gravels, coarse sand.

ii.        Trenches: These are constructed when the permeable steam is available at shallow depth. Trench may be 0.5 to 1m. wide and 1 to 1.5m. deep and 10 to 20m long depending up availability of water. These are back filled with filler materials.

iii.       Dug wells: Existing dug wells may be utilized as recharge structure and water should pass through filter media before putting into dug well.

iv.       Hand pumps: The Existing hand pumps may be used for recharging the shallow/deep aquifer, if the availability of water is limited. Water should pass through filter media before diverting it into hand pumps.

v.        Recharge wells: Recharge wells of 100 to 300 mm. diameter are generally constructed for recharging the deeper aquifer and water is passed through filter media to avoid choking of recharge wells.

vi.       Recharge Shafts: For recharging the shallow aquifer which are located below clayey surface, recharge shafts of 0.5 to 3m. diameter and 10 to 15 m. deep are constructed and back filled with boulders, gravels & coarse sand.

vii.      Lateral shafts with bore wells: For recharging the upper as well as deeper aquifers lateral shafts of 1.5 to 2 m. wide & 10 to 30 m. long depending upon availability of water with one or two bore wells are constructed. The lateral shafts are back filled with boulders, gravels & coarse sand.

viii.    Spreading techniques: When permeable strata from top then this technique used. Spread the water in streams/Nalas by making check dams, nala bunds, cement plugs, gabion structures or a percolation pond may be constructed.

(3)     Harvesting provisions in various Building categories:

All building in a city contribute to the rain water runoff during the monsoon and hence such runoff can be harvested for water reuse/recharge.

The mandatory provision of rainwater harvesting in various building types are as follows:

Provision for Rainwater harvesting by building types

(4)     Rain Water Harvesting Provisions for Open spaces in cities

The open spaces/recreational land use generally constitute regional parks, district parks, play ground and stadium, sports complex, monument zones, public parking, plaza and other public open space. This may be as high as 30% to 50% of the city's geographic area. All such public open spaces above the size of 500 sq.m shall have arrangements for complete utilization and capture of storm water with scientific rain water harvesting arrangements.

Following ideas may also be included:

                                                              (i)          Well cum Channel cum percolation pits.

                                                             (ii)         Use of abandoned bore wells for recharging of ground water

                                                            (iii)         Artificial or natural storage of storm water runoff from larger sites.

(5)     Ground Water Recharge

Recharging of ground water should be made mandatory not only for residential building but for all types of buildings, including Group Housing Societies having a plot area more than 500 sq. m. and above.

The Ground Water Recharge should also be mandatory for open spaces like parks, parking, plazas and playgrounds. The harvesting and recharge structures could be constructed by the authority with the involvement of community based organizations like Resident Welfare Associations.

(6)     Enforcement and Monitoring

i.         The ULB shall constitute a rainwater Harvesting Cell which will be responsible for enforcement and monitoring of the Provisions of Rainwater Harvesting. The cell shall employ qualified persons who are well versed with the interpretation of Building Bye Laws and responsible for enforcement as well as monitoring the functioning of the Rainwater Harvesting System.

ii.        The Authority shall include inspection of rainwater Harvesting Structures before issuing Completion Certificates or NOCs for service connections to the property.

iii.       Set an example in the city by ensuring that Rainwater is harvested in the properties/assets owned by them including public building, markets, community centers, parking spaces, roads and parks etc.

iv.       the Authority shall also establish a mechanism to monitor 100% of RWH provisions in all the building above 1000 sq.m with annual physical verification, while building less than 1000 sq.m. can be monitored on the basis of 10% random survey by competent authority.

v.        With regard to open public spaces viz., Parks, playgrounds etc, the implementation of provision rainwater harvesting may be done with the help of Residents Welfare Associations, Community Building Organizatin and Non-Governmental Organisations. vi. The Authority shall ensure earmarking budgetary provision for the creation and maintenance of rainwater harvesting structures in public spaces owned and maintained by them, like parking spaces, parks, plazas etc.

vi.       The practice of incentives and penalties to promote rain water harvesting shall be formulated by the ULB based on best practices. ULB shall design its own incentive and penalty systems, considering the water level and scarcity.

(b)      Wastewater Recycling (Water Re-use and Recycling):-All buildings having total covered area more than 10,000 square meters OR all buildings having a waste water discharge of 10,000 litters and above per day shall set up a Sewerage Treatment Plant (STP), which shall bring sewerage and waste water within the prescribed parameters as per Indian standards. Recycled water should be used for toilet blocks or horticultural purpose.

(c)      Solid Waste Management:-All buildings having total covered area more than 10,000 square meters shall set up a comprehensive system of collection, transportation and disposal of municipal solid waste strictly in accordance with the latest version of Solid Waste Management Rules.

Rule - 111. Provision for insurance of building.-

(a)      All the residential buildings having plinth area more than 300 Sq. meters or above 3 storied'/shall be insured for any natural calamities/fire hazard with an insurance company registered under the Insurance Company Act prevailing in India.

(b)      All the buildings other than residential having 2 storey's and above shall be insured for any natural calamities/fire hazard with an insurance company registered under the Insurance Company Act prevailing in India.

(c)      It is the owner's responsibility to insure the building as per norms and intimate the local body along with copy of insurance details.

Appendix-A

Form for application to erect or re-erect a Hut/Mud Wall.

(Ref. Rule No. 104)

To

The Mayor/Chairperson

_________________ Municipal Corporation/Municipal Council/Nagar Panchayat.

Sir,

I intend to erect/re-erect/alter a hut/mud wall in Ward No. ________ Holding No. _______________ of _____________________________________ Road/village in ____________________________________ Tahasil. I forward herewith the following particulars duly signed by me.

1.        Diagrammatic sketch of proposed hut/mud wall (triplicate).

2.        General description of work (in triplicate).

3.        Proof of ownership of land, Regd. Deed parcha etc.

4.        Copy of receipt for payment of application fee.

I hereby undertake to abide by the provisions of Tripura Building Rules, 2004 in all respect.

I request that the erection/re-erection/alteration may be approved and permission accorded to me to execute the work.