CHAPTER IV
GENERAL PROVISIONS REGARDING SITE AND BUILDING REQUIREMENTS


23. General requirement regarding plot.-

(1) No land development or redevelopment shall be made or no building shall be constructed on any plot on any part of which there is deposited refuse, excreta or other offensive matter which in the opinion of the Secretary is considered objectionable, until such refuse, excreta or other offensive matter has been removed there from and the plot has been prepared or left in a manner  suitable for land development or building purpose for the satisfaction of the Secretary.

(2) No land development or redevelopment shall be made or no building shall be constructed on a plot, which comprises or includes a pit, quarry or other similar excavation or any part thereof unless such plot has been prepared or left in a manner or condition suitable for land development or redevelopment or building purposes to the satisfaction of the Secretary.

(3) No land development or redevelopment shall be made or no building shall be constructed on a plot liable to flood or on a slop forming an angle of more than 45 degrees with horizontal or on soil unsuitable for percolation or on area shown as floodable area in any town planning scheme or in sandy beds, unless it is proved by the owner to the satisfaction of the Secretary that construction of such a building will not be dangerous or injurious to health and the site will not be subjected to flooding or erosion or cause undue expenditure of public funds for providing sewers, sanitation, water. supply or other public services.

(4) Any land development or redevelopment or building construction or reconstruction in any area notified by the Government of India as a coastal regulation zone under the Environment (Protection) Act, 1986 (29 of 1986) and rules made thereunder shall be subject to the restrictions contained in the said notification as amended from time to time.

(5) No building or part of a building shall be constructed or reconstructed or no addition or alteration shall be made to any existing building in the intervening spaces between the building and any overhead electric supply line as described in the Table 1 below and as specified in the Indian Electricity Rules as amended from time to time.
Provided that single storied buildings shall be allowed even if the above mentioned clearance is not available, if the applicant produces a no objection certificate from the Chief Electrical Inspector or an officer authorized by him, before issue of permit

TABLE 1
Clearance from Overhead Electric Lines
Sl. No. Type of Electric Supply Line Vertical clearance in meters Horizontal clearance in meters
(1) (2) (3) (4)
1. Low and medium voltage lines 2.4 1.2
2. High voltage lines upto and including 33,000 volts 3.7 1.85
3. Extra high voltage lines excluding 33,000 volts 3.7
plus 0.3m fort every additional 33,000 volts or part thereof
1.85
plus 0.3m fort every additional 33,000 volts or part thereof

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24. Exterior and Interior open air spaces

(1) Every room intended for human habitation shall abut on an exterior or interior open space or verandah open to such exterior or interior open space and such open space shall be maintained for the benefit of the building exclusively and shall be entirely within the owner's own premises and shall be open to the sky and is barred from being subdivided, partitioned or legally bifurcated or transacted, in any manner whatsoever, till such date when the structure itself is demolished and shall be kept free from any erection thereon other than those specially allowed in these rules.

(2) In case a group of buildings are to be put up within any plot belonging to the same owner or by different owners of adjoining lands jointly the area of the land remaining after accounting  for the mandatory front, rear and side yards from the boundary of the plot shall be considered as buildable area of the plot where the buildings may be constructed subject to the conditions regarding floor area ratio, coverage, access, light and ventilation,etc. for the whole plot, distance between the various blocks within this area shall be minimum 2 meters for building upto 10 meters height and 3 meters exceeding that height.

(3) Every building upto 10 meters in height shall have a minimum front yard of 3 meters depth:
Provided that where 3 meters depth cannot be maintained laterally throughout due to the peculiar shape of the plot , it shall suffice if the mean depth at all points not less than 1.80 meters.

(4) Every building upto 10 meters in height shall have a minimum rear yard of 2 meters depth:

Provided that where 2 meters depth can not be maintained laterally throughout due to the peculiar shape of the plot, it shall suffice if the mean depth is not less than 2 meters with minimum depth at all point not less than 1.00 meter.

Provided further that in the case of buildings upto 7 meters height, it shall suffice if the mean depth is not less than 1.50 meters with minimum depth to at all points not less than 1.00 meter.

Provided further that in the case of buildings upto 7 meters height, the depth of rear yard may be reduced to not less than 75 cms without any opening such as door and window on that side, however ventilator opening may be made at a height of 2.20 meters from the corresponding floor level. 

Provided also that in the case of buildings upto 7 meters height, the depth of rearyard may be reduced or even abut the plot boundary without any manner of opening on that side if the owner of the plot on that side voluntarily agrees for the same in writing.
(5) Every building upto 10 meters in height shall have a minimum side yard of 1.20 meters on one side and a minimum of 1.00 meter on the other side.

Provided that in the case of buildings upto 7 meters height, the depth or yard on one side may be reduced to not less than 75 cms without any opening such as door and window on that side, but however, ventilator opening  may be made at a height o 2.10 metres from the corresponding floor level if the side yard on the other side have a minimum of 1.20 meters.

Provided further that in the case of building unto 7 meters height the depth of side yard on one side other than that having 1.20 meters may be reduced below 75 cms or even abut the plot boundary without any manner of opening on that side, if the owner of the plot on that side voluntarily agrees for the same in writing.

(6) Any room intended for human habitation and not abutting on either front, rear or side open air spaces shall abut on an interior open space whose width shall not be less than 2.4 meters:

Provided that in the case of buildings upto 7 meters height it shall be sufficient if such interior open space has a minimum width of 1.5 meters.

(7) Sufficient land shall be kept unpaved or sufficient opening shall be provided in the land to allow percolation of rain water in the plot itself and rain, water from a plot shall be connected with public drainage system only in case of plots with impermeable soil.

(8) For buildings above 10 meters in height, in addition to the minimum front, rear and side open spaces required for height upto 10 meters, there shall be provided proportionate increase in such minimum open space at the rate of 0.5 meter per every 3 meters height exceeding 10 meters:

Provided that such additional set back corresponding to increase in may be provided, for the whole building at ground level or for corresponding floors at their level.

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(10) No construction or hanging of any sort shall be permitted to project outside the boundaries of the site.

(11) Every open space provided, either interior or exterior shall be kept free from any erection thereon and shall be open to the sky and only cornice, roof or whether shade not more than 0.60 meter width shall overhang or project over the said open space so as to reduce the width to less than the minimum required:

Provided that where the open space is minimum 0.60 meter the cornice, roof or weather shade shall be limited to 30 cms. and where the open space is less than 0.60 meter no projection whatsoever shall be permitted:

Provided further that where the open space has minimum 1.50 meters. cornice roof or weather shade upto 75cms shall be permitted and increase in the width of cornice roof of weather shade shall be permitted corresponding to increase in the open space:

Provided further that no door or window shall he permitted if the open space on that portion is less than 1 meter:

Provided further that open stair or flight of steps or ramps meant as access to upper or lower floors shall be permitted in the open space if such stair, step or ramp has minimum 60cms distance from the boundaries.
Provided also that the underneath of the ramp shall not be enclosed however pillars may be permitted for its support.

(12) The front, rear and side set backs for constructions below ground level (basement floor, etc) shall be the same as that required for a 10 meters height building of the same occupancy group constructed above ground level.

25. Minimum distance between central fine of a street and building

(1) The minimum distance between the central line of a street and any building other than a compound wall or fence or outdoor display structure shall be 4.5 meters and that between plot boundary abutting the street and building shall be 3 meters.

Provided that in the case of cul-de-sac of whatever width but not exdeeing 250metres length or pedestrian lanes and streets upto average 3 width or internal roads and streets of whatever width within or leading to and residential colony, it shall be sufficient if the distance between the plot boundary abutting the street and building is 2 meters for buildings upto 7 metres height irrespective of the distance from the central line of the road to the building.

Provided further that in the case of lanes not exceeding 75 meters  length leading to one or more individual plots it shall be sufficient if the distance( between the plot boundary abutting the lane and the building is 1.50 irrespective of the distance from the central line of the lane.

(2) Any restriction under street alignment or building line or both , if any fixed for area and restriction under any development plan or any (town planning scheme or approved road widening proposal or any other or byelaws shall also apply simultaneously to all buildings in addition to the provisions contained in sub rule (1).

(3) The provisions contained in sub rules (1) and (2) shall apply invariable all buildings where the front, rear or side yard abuts a street or gain access through a street.

26. Prohibition for constructions abutting public roads._
[X X X] No person shall construct any building other than compound wall within 3 metres, from any plot boundary abutting national highways, state highways or other  roads-notified by Municipality:

Provided that open ramps or bridges or steps or similar structures with or without parapets or railings shall be permitted as access from the street to the building within that 3 meters and cornice roof or weather shade not exceeding 75 cms shall be permitted to project from the building into such 3 meters.

 27. Developments including land subdivision and plot development for residential use.-
All new developments including land subdivisions and plot developments shall be subject to the following, namely:-
(i) the area of any newly subdivided plot, reconstituted plot or building plot shall be not less than 125 square meters with an average width of 6.00 meters:

Provided that for row housing where side open spaces are not required, it is sufficient if the plot has an average width of 4.50 meters.

(ii) every plot shall have a frontage of not less than 4 meters on any abutting street;

(iii) every street shall have not less than 7.00 meters width and shall be motorable:

Provided that in the case of cul-de-sacs with length not exceeding 250 meters, it is sufficient if the street (cul-de-sac) has not less than 5.00 metres width and in the case of cul-de-sacs not exceeding 75 meters, it is sufficient if the street (cul-de-sac) has not less than 3.00 meters width:

Provided further that in residential areas where motor able street cannot made due to difficult terrain, the width of any new street shall be not less 5.00 meters and where the length of such street does not exceed 250 meter it is sufficient if the street has not less than 3.00 meters width

(iv) when the area of the land under development work, layout or subdivision is 50 ares or more, ten percent of the total area shall be provided for recreational open spaces and shall be suitably located to be accessible the residents of the layout.

Provided that while considering the area of the land, the area of any contiguous land belonging to the same owner, though not proposed 1 immediate development shall be taken into account;

(v) the recreational open space to be provided under item (iv) shall have an access as if it were a separate plot and as far as possible it shall be in 1 piece and in no case less than 2 areas in area with a minimum width of 6 meters

(vi) the layout or subdivision proposal shall be in conformity with the provisions of published or sanctioned development plan for the area and if the land is affected by any reservation for a public purpose, the Secretary may agree to adjust its exact location to suit the development but not so as to affect its area;

(vii) the street junctions shall be splayed or rounded off to give sufficient turning radii and sight distance for vehicles and the side if the splay shall be a minimum of 4 meters for roads up to 10 meters and shall be a minimum of 1 meters for roads exceeding 10 meters width as shown in the figure below:

(viii) in the case of lay out or sub division of land having an area of two hectares or more a suitable plot for an electric transformer shall be provided;

(ix) in the case of development permits, approval of the District Town Planner shall be obtained for land upto 0.5 hectares in area and approval of chief Town Planner shall be obtained for land exceeding that area.

(x) if the site forms part of approved layout, copy of sub division layout shall be enclosed along with the plans for approval; and

(xi) adequate arrangements for surface water drainage shall be provided.

28. Development including land sub-division and plot development for mercantile (commercial) development.- All new developments land including sub-divisions and plot developments shall be subject to the following:-
(i) the width of every new street, public or private, intended for use as cart or carriage way giving access to or through a commercial precinct consisting of a continuous row of shops exceeding ten in number shall not be less than to meters except in the case of cul-de-sac not exceeding 150 meters length, Where the  the minimum width shall be 7 meters;

(ii) the frontage of every commercial plot abutting the street, shall have a minimum width of 6 meters;

(iii) no plot with a layout proposed for commercial development shall be an area less than 60 Sq. meters;

(iv) for every plot within a layout for commercial development, building line from the street shall not be less than 3 meters;

(v) no plot intended to house a service garage or auto workshop with in  a layout for commercial development shall be of an area less than 300 sq meters and an average plot width less than 12 meters.

(vi) the approval of the Chief Town Planner or an officer authorized by him shall be obtained for the layout of all new commercial street and land sub-division exceeding five plots. 

 29. Development including land sub-division and plot development for industrial development.- All new developments including land sub- divisions and plot developments shall be subject to the following:-

(i) the width of every new street, public or private, intended for use as a cart or carriage way giving access to or through an organized industrial area with not less than six constituent units, shall be minimum 10 meters:

Provided that in the case of small industrial units or cul-de-sac not exceeding 150 meters length, the minimum road width shall be 7 meters.

(ii) the minimum size of industrial plot abutting street shall be 400 sq. meters in extent with a width of not less than 15 meters:
Provided that the minimum plot requirement in item (ii) shall not apply to small industrial units;

(iii) in industrial layouts a place for installation of transformer shall be provided in consultation with the Chief Electrical Inspector or an officer authorized by him;

(iv) the approval of the Chief Town Planner or an officer authorized by him shall be obtained for the layout of industrial streets and land sub-division exceeding five plots;

Note:- For the purpose of these rules small industrial unit means an industrial unit classified as such by Government from time to time or an industrial unit not included in Schedule 1 of the Factories Act, 1948.

(v) the usage of plots proposed for development or redevelopment shall be governed by the provisions contained in the development plan or detailed town planning scheme prepared for the locality:

Provided that where no such plan exists, the usage of plots shall be as approved by the Chief Town Planner or an officer authorized by him.