BDA REGULATIONS
04/11/2009 15:56
BHUBANESWAR DEVELOPMENT AUTHORITY
(PLANNING & BUILDING STANDARDS)
REGULATIONS - 2008ഊ2
PART – I
DEFINITIONS
1. (1) These regulations may be called the Bhubaneswar Development
Authority (Planning and Building Standards) Regulations, 2008.
(2) They shall extend to the whole area within the jurisdiction of the
Bhubaneswar Development Authority.
(3) They shall come into force on the date of their publication in the
Orissa Gazette.
2. (I) In these regulations, unless the context otherwise requires:
(1) “Act” means the Orissa Development Authorities Act, 1982.(Act 14 of
1982)
(2) “Advertising Sign” means any surface or structure with characters,
letters or illustrations applied there to and displayed in any manner
whatsoever outdoors for the purpose of advertising or giving information
or to attract the public to any place, person, public performance, article, or
merchandise, and which surface or structure is attached to, forms part of, or
is connected with any building, or is fixed to the ground or to any pole,
screen, fence or hoarding or displayed in space, or in or over any water
body included in the jurisdiction of the Authority.
(3) “Agricultural use” means use of land for the purpose of agriculture,
horticulture, sericulture, animal husbandry, poultry farming, plant nursery,
piggery, dairy farming, vegetable farming and any activity related to
agriculture or milk chilling plant;
(4) “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;
(5) “Air Port Reference Point” means a designated point which is
established in the horizontal plane at or near the geometric center of the
landing area.
(6) “Amenity” means roads, street, open spaces, parks, recreational
grounds, play grounds, gardens, water supply, electric supply, street
lighting, sewerage, drainage, public works and other utilities, services and
conveniences.
Short title,
Extent and
commencement
Definitionsഊ3
(7) “Annexure” means an Annexure appended to these regulation’s
(8) “Apartment or flat” means a dwelling unit in building.
(9) “Apartment building” means a building having six or more dwelling
units.
(10) “Approved” means approved by the Authority.
(11) “Addition/ Alteration” means structural change, such as addition to
the covered area or height or the removal of part of a building or
construction or cutting into or removal of any wall, partition, column,
beam, joist, floor or other support, or a change to the fixture of equipment
of the building.
(12) “Applicant” means the person who has title to a land or building
and includes,
A. an agent or trustee who receives rent on behalf of the owner;
B. an agent or trustee who receives rent or is entrusted with or is
concerned with any building devoted to religious or charitable
purpose.
C. a receiver, executor or administrator or a manager appointed by
any Court of competent jurisdiction to have the charge of or to
exercise the rights of the owner; and
D. a mortgagee in possession.
(13) “Art Commission” means the Commission constituted under sub-section
(1) of section 88; of the ODA Act, 1982.
(14) “Authority” means the Bhubaneswar Development Authority and
does not include its employees acting individually. The powers and
responsibilities of the Authority under this regulation can not be delegated,
unless specifically provided for in this regulation, the Act, the rules or
unless notified by the Government;
(15) “Balcony” means a projection to serve as passage or sit out place
including a hand rail or balustrade.
(16) “Barsati” means a habitable room, not exceeding 30% of the covered
area on the top floor of the building with toilet & kitchen unit built
contiguously.
(17) “Basement or cellar” means lower storey of a building ,below or
partly below the ground level;
(18) “Basti Area” means an area declared as such under a Development
Plan and in the absence of such declaration, any area comprising oldഊ4
settlements covering such extent of lands as may be determined by the
Authority in consultation with the concerned Local Body;
(19) “Basti Plot” means a plot having a width ranging between 4.0 m. and
6.3 m., the depth being more than three times the width, and located in a
basti area;
(20) “Builder” means an applicant, land owner, contractor, holder of
power of attorney of the land owner, partnership, trust or company which
has responsibility for construction, leasing, selling or disposing otherwise
of a building for residential and other purposes and duly registered by the
Authority.
NOTE: The Bhubaneswar Development Authority happens to be the
builder for its own construction.
(21) “Building” means any structure or erection or part of a structure or
erection which is intended to be used for residential, commercial, industrial
or any other purpose whether in actual use or not, and in particular.
A. “Assembly Building” refers to a building or part of a building
where group of people congregate or gather for amusement,
recreation, social, religious, patriotic and similar purposes and
includes theaters, assembly halls, auditoria, exhibition halls,
museum, skating rinks, gymnasium, dance hall, club rooms
recreation piers and stadia.
B. “Commercial Building” refers to a building or part of a
building, which is used for transaction of business, keeping of
accounts and records or for similar purposes and includes Banks
and Commercial Offices and Corporate offices. It shall include
mercantile buildings like shops, stores, market display and sale
of merchandise either in wholesale or retail, or offices, storage or
services facilities incidental to the sale of merchandise and
includes Cinema Halls, Petrol Pumps, Hotels, Restaurants,
Clinics, Pathology Labs, Nursing Homes, Lodge-cum-guest
houses & Dharma Kantas, etc.
C. “Educational Building” refers to a building used for school,
college or daycare purpose for more than 8 hours per week
involving assembly, instructions, education or recreation.
D. “Form” means a Form appended to these regulation.
E. “Hazardous Building” refers to a building or part of a building
which is used for the storage, handling, manufacture or
processing of highly combustible or explosive materials or
products which are liable to burn with extreme rapidity and/or
producing poisonous fumes, or the storage, handling,
manufacturing or processing of which involves highly corrosive,ഊ5
toxic, obnoxious alkalis, acids or other liquids, gases or
chemicals, producing flame, fumes and explosion, poisonous
irritant or corrosive gasses and for the storage, handling or
processing of any material producing explosive mixture of dust or
which result in the division of matter into fine particles subject to
spontaneous ignition. This shall include petrol filling stations.
F. “Industrial BuilBding” refers to a building or part of a building
in which products or materials of all kind and properties are
fabricated, assembled or processed such as assembly plants,
laboratories, power plants, smoke houses, refineries, gas plants,
mills, dairies or factories.
G. “Institutional Building” refers to a building or part of a building
which is used for purposes such as Research and Training Centre,
Public/Semi Public offices, Hospitals, Dispensaries and Health
Centers.
H. Residential Building” refers to a building in which sleeping
accommodation is provided for normal residential purpose with
or without cooking or dining or both facilities and includes one or
two or multi-family dwelling dormitories, apartment houses, flats
and hostels.
I. “Public Utility Building” means and includes Post Office, Police
Station, Fire Station, Hospital, Dispensary, and Telephone
Exchange, sub-station, water works, Taxi Stands, Bus Terminals,
etc.
J. “Storage Building” refers to a building or part of building used
primarily for the storage or sheltering of goods, storehouses,
hangers, terminal depot, grain elevators, barn or stables.
K. “Multi Level Car Parking Building” means a building partly
below ground level having two or more basements or above
ground level, primarily to be used for parking of cars, scooters or
any other type of light motorized vehicles.
(22) “Building Accessory” means a subordinate building, use of which is
incidental to that of a principal building, on the same plot such as garage,
coal or fuel shed, peons, chowkidars, or domestic servants quarters, etc;
(23) “Building Height” means the vertical distance measured in the case
of flat roofs, from the average level of the center line of the adjoining street
to the highest point of the building adjacent to the street; and in the case of
pitched roofs, up to the point where the external surface of the outer wall
intersects the finished surface of the sloping roof and in the case of gables
facing the road, the mid-point between the eaves level and the ridges.ഊ6
Explanation – If the building does not abut on a street, the height shall be
measured above the average level of the ground around and contiguous to
the building.
(24) “Building line” means the line up to which the plinth of a building
adjoining a street or an extension of a street or on a future street may
lawfully extend and includes the lines prescribed in any development plan
in operation for any area under the jurisdiction of the Authority or
specification indicated in any Town Planning or Development Scheme, or
in these Regulations.
(25) “Canopy” means cantilevered projection at lintel level over any
entrance.
(26) “Cornice” means a sloping or horizontal structural overhang usually
provided over openings or external walls to provide protection from sun
and rain.
(27) “Chajja”/“Sun-Shade” means a sloping or horizontal structural
overhang, usually provided for protection from sun and rain or for
architectural considerations at lintel level.
(28) “Chimney” means an upright shaft containing and encasing one or
more flues provided for the conveyance to the outer air of any product of
combustion; resulting from the operation of any heat producing appliance
or equipment employing solid, liquid or gaseous fuel;
(29) “Combustible materials” means a material, which burns or adds to
a fire when used for combustibility in accordance with good practice;
(30) “Conversion” means the change of occupancy to another occupancy
or change in building structure or part thereof resulting in change of space
or use requiring additional occupancy certificate.
(31) “Corner plot” means a plot at the junctions of and fronting on two
or more intersecting streets. Corner plot” means a plot facing two streets,
the frontage would be on the street having larger width. In cases, where the
two streets are of same width, then the larger side of the plot will decide
the frontage. In such case, the location of a garage (on a corner plot) if
provided, within the open space shall be located diagonally opposite the
point intersection.
(32) “Courtyard” means a space permanently open to sky, with or
without pergola, enclosed fully or partially by buildings and may be at
ground level or any other level within a building;
(33) “Covered Area” means in respect of ground floor, area covered
immediately above the plinth level by the building but does not include the
open space covered byഊ7
A. garden, rockery, well and well-structures, rainwater harvesting
structures, plant nursery, water-pool (if uncovered), platform
round a tree, tank, fountain, bench, chabutara with open top
unenclosed on sides by walls, boundary wall, swing, and area
covered by chhajja without any pillars etc, touching the ground;
B. ‘drainage culvert conduit’, catch-pit, gully pit, inspection
chamber, gutter and the like; and
C. compound wall, gate, slide/ swing door, canopy, and areas
covered by chajja or similar projections and staircases which are
uncovered and open at least on three sides and also open to sky.
D. Watchmen booth, pump house, garbage shaft, electric cabin or
substations, and such other utility structure meant for the services
of the building under construction.
(34) “Cul-de-sac” means such means of access having length up to 150
m. with an additional turning space not less than 81 square meters in area
having no dimension less than 9 m.;
(35) “Damp-Proof Course” means course consisting of some appropriate
water proofing material provided to prevent penetration of dampness.
(36) “Detached building” means a building whose walls and roof are
independent of any other building with open spaces on all sides;
(37) “Development Plan/ Comprehensive Development Plan” includes
any development plan either interim or comprehensive or zonal plan in
operation for the area under the jurisdiction of the Authority;
(38) “Deviation” means any construction made in departure from the
approved plan by way of alterations or additions, modifications in the total
floor area, coverage, floor area ratio (FAR), setbacks, height, parking
space, provision of public utilities etc.
(39) “Drain” means a line of pipes including all fittings and equipment
such as manholes, inspection chamber, traps, gullies and floor traps, used
for the drainage of a building or a number of buildings, or yards
appurtenant to the buildings within the same cartilage and includes open
channels used for conveying surface water;
(40) “Drainage” means the removal of any liquid by a system constructed
for purpose;
(41) “Dwelling Unit” means a building used for living purpose and
includes a garage, a servant quarter or a guardroom.ഊ8
(42) “EWS House” means a house or dwelling unit intended for
Economically Weaker Sections with maximum built up area of 32 sq.mtr.
(43) “EWS Plot” means a residential plot intended for Economically
Weaker Sections having maximum plot area of 48 sq.mtr.
(44) “Encroachment” means an act to enter into the possession or rights
either of permanent or temporary nature on a land or builtup property of
local body or state/ central Government.
(45) “Existing Use” Use of a building or structure existing authorisedly
with the approval of the Authority before the commencement of these
Regulations.
(46) “Enclosed stair-case” means a stair-case, separated by fire resistant
walls from the rest of the building.
(47) “Existing Building or use” means a building, structure or its use as
sanctioned/ approved/ regularized by the Competent Authority, existing
before the commencement of these Regulations;
(48) “Exit” means a passage, channel or means of egress from any
building, storey or floor area to a street or other open space of safety;
(49) “External Wall” means an outer wall of a building even though
adjoining to a wall of another building and also means a wall abutting on
an interior open space of a building.
(50) “Farm House” means a plot of land including construction thereon
in the area designated for agricultural use by the Authority.
(51) “Farm Shed” shall include permanent or temporary structures
erected in the plot used for farmhouse.
(52) “Fire Alarm System” means an arrangement of call joints or
detectors, sounders and other equipments for the transmission and
indication of alarm and sometimes used as signals for testing of circuits
and whenever required for the operation of auxiliary services. This device
may be work automatically or manually to alert the occupants in the event
of fire;
(53) “Fire Lift” means lift specially designed for use by fire service
personnel in the event of fire;
(54) “Fire Proof Door” means a door or shutter fitted to a wall opening,
and constructed and erected with the requirement to check the transmission
of heat and fire for a specified period;
(55) “Fire Resisting Material” means the material, which is normally
used for fire resistance.ഊ9
(56) “Floor” means the lower surface in a storey on which one normally
walks in a building.
(57) “Floor Area Ratio (FAR)” means the quotient obtained by dividing
the total covered area on all floors with the area of the plot.
(58) “Footing” means the part of a structure, which is in direct contact
with the ground and transmitting loads to the ground.
(59) “Foundation” means that part of a structure, which is in direct
contact with and meant for transmitting loads to the ground.
(60) “Gallery” means an intermediate floor or platform projecting from a
wall of an auditorium or a hall providing extra floor area, additional seating
accommodation, etc. It shall also include structures provided for seating in
stadia.
(61) “Garage-Private” means a building or a portion thereof designed for
parking of privately owned motor vehicles or any other vehicles.
(62) “Garage-Public” means a building or a portion thereof designed or
used for repairing, servicing, hiring, selling or parking of motor driven or
any other vehicles.
(63) “Ground Floor” shall mean storey, which has its floor surface
nearest to the ground around the building.
(64) “Group Housing” means premises comprising an area of 4000
sq.mtr or more and the land is owned by Co-operative Group Housing
Society and the construction is undertaken by single agency.
(65) “Habitable room” means a room having area of not less than 9.0 sq.
m., width 2.4 m.(min.), height 2.75 m.(min.) occupied or designed for
occupancy by one or more persons for study, living, sleeping, eating,
cooking if it is used as a living room, but does not include bathrooms,
water closet compartments, laundries, serving and storage pantries,
corridors, cellars, attics and spaces that are not used frequently or during
extended periods;
(66) “Hazardous material”
A. Means radioactive substances;
B. Material which is highly combustible or explosive and/or which
may produce poisonous fumes explosive emanations, or storage,
handling, processing or manufacturing of which may involve
highly corrosive, toxic, obnoxious alkalis or acids or other
liquids;
C. Other liquids or chemicals producing flame, fumes, explosive,
poisonous, irritant or corrosive gases or which may produceഊ10
explosive mixtures of dust or fine particles capable of
spontaneous ignition.
(67) “Hazardous and obnoxious industry” means industry which
creates nuisance to the surrounding development in the form of smell,
smoke, gas, dust, air pollution, water pollution and other unhygienic
conditions.
(68) “Natural hazard prone areas” means areas likely to have moderate
to high intensity earthquake, or cyclonic storm, or significant flood flow or
inundation, or landslides/mud flows/avalanches, or one or more of these
hazards.
NOTE: Moderate to very high damage risk zones of earthquakes are
shown in Seismic Zones III, IV and V specified in IS:1893; moderate to
very high damage risk zones of cyclones are those areas along the sea
coast of India prone to having wind velocities of 39 m/s or more as
specified in IS:875(Part 3;) and flood prone areas in river plains (un-protected
and protected) are indicated in the Flood Atlas of India prepared
by the Central Water Commission, besides, other areas which can be
flooded under conditions of heavy intensity rains, inundation in
depressions, back flow in drains, inadequate drainage, etc. as identified
through local surveys in the development plan of the area and landslide
prone areas as identified by State Government/Land surveys.
(69) “Heritage Zone” means the area as delineated in Comprehensive
Development Plan.
(70) “Illuminated Exit Signs” means a device for indicating the means of
escape during normal circumstances and power failure.
(71) “Jhamp” means a downward vertical or sloping projection hanging
below the balcony to provide protection from direct sun or rain. “
(72) “Katra/ Chawl” means a building so constructed as to be suitable
for living in separate tenements each consisting a single room, or of two,
but not more than two rooms and with common sanitary arrangements.
(73) “Latrine-connected” means a latrine connected to the municipal
sewer system;
(74) “Latrine-unconnected” means a latrine not connected to the
municipal sewer system; it may be connected to a septic tank or suitable
treatment or disposal system;
(75) “Ledge / Tand” means a shelf-like projection supported in any
manner whatsoever, except by means of vertical supports within a room
itself but not having projection wider than 1.0 meter and at a minimum
clear height of 2.1 meters from the floor level;ഊ11
(76) “LIG House” means a house or dwelling unit intended for low
income groups with a built up area of maximum 48 sq.mtr.
(77) “LIG Plot” means a residential plot intended for low income groups
with a plot area of maximum 60 sq.mtr.
(78) “Loft” means an intermediate floor between two floors or a residual
space in a pitched roof, above normal floor level with a maximum height of
1.5 meters and which is constructed or adopted for storage purposes;
(79) “Licensed Technical Person” means Architect registered with the
Council of Architecture or Civil Engineer/Structural Engineer/Town
Planner/Supervisor licensed by the Authority.
(80) “Masonry” means an assemblage of masonry units properly bonded
together with mortar;
(81) “Mezzanine Floor” means an intermediate floor between two floors,
above ground level, accessible only from the lower floor;
(82) “Multi - Storey or High Rise Building” means a building whose
height is 15 meters or more, measured from the average level of the centre
line of the street on which the site abuts.
(83) “Mumty or Stair Cover” means a structure with a covering roof
over staircase and its landing built to enclose only the stairs for the purpose
of providing protection from weather and not used for human habitation.
(84) “Mitigation” means measures taken in advance of a disaster aimed at
minimizing or eliminating its impact on society and on environment
including preparedness and prevention.
(85) “Non-Combustible Material” means a material, which does not
burn nor add heat to a fire when tested for combustibility in accordance
with good practice.
(86) “Non -Conforming Use of a Building or Land” means the use of a
building or land existing at the time of commencement of these
Regulations, and which does not conform to the Regulations pertaining to
the zone in which it is located.
(87) “Occupancy or Use ” means the principal occupancy for which a
building or a part of a building is used or intended to be used;
(88) “Open Space” means an area forming an integral part of the plot, left
open to the sky;
(89) “Owner” means a person, group of persons, a company, trust,
Institute, Registered body, State or Central Government and itsഊ12
departments, undertakings and the like in whose name the property stands
registered in revenue records.
(90) “Parapet” means a low wall or railing built along the edge of a roof
or a floor having a minimum height of 1.0 m
(91) “Parking Space” means an area enclosed or unenclosed, covered or
open, of sufficient size to park vehicles, together with a driveway
connecting the parking space with a street or any public area and
permitting ingress and egress of the vehicles;
(92)“Partition” means an interior non-load bearing wall, one storey or part
of a storey in height.
(93) “Performance Security” means a security deposit to be deposited
with the Authority by the Builder/ Developer of an Apartment Building/
Group Housing/ Commercial Building/Real Estate Development at the
time of approval of Plans.
However, no Performance Security is required for a commercial building
having a covered area of less than 300 sq.mtr.
(94)“Permit” means a permission or authorization in writing by the
Authority to carry out the work regulated by these Regulations.
(95)“Plantation” means plantation of plants and trees.
(96)“Plinth” means the portion of a structure between the surface of the
surrounding ground and the surface floor, immediately above the ground.
(97)“Plinth Area” means the built up area measured at the floor level of
ground floor;
(98)“Porch” means a covered surface supported on pillar or otherwise for
the purpose of pedestrian or vehicular approach to a building.
(99)“Public Utility service” means drainage, sewerage, electricity, water
supply, solid waste disposal, sanitation, fire services, roads and any other
support or infrastructure and the like for which a building has to depend on
public bodies, authorities or agencies;
(100)“Ramp” means a passage with gradual slope joining two level
surfaces.
(101)“Real Estate Development” means development undertaken for sale.
(102)“Registered Architect” means an Architect registered with the
Council of Architecture, who is not in arrears of subscription and who
has not been the debarred by the Authority.
(103)“Registered Builder/ Developer” means a builder empanelled/
registered with the Authority.ഊ13
(104)“Road” means any access viz. highway, street, lane, pathway, alley,
or bridge, whether a thoroughfare or not, over which the public have right
of passage or access or have passed and had access uninterruptedly for a
specified period and includes all bunds, channels, ditches, storm water
drains, culverts, side tracks, traffic islands, road side trees and hedges,
retaining walls, fences barriers and railings within the road line.
(105)“Road Width or Width of Road/Street” means the whole extent of
space within the boundaries of a road when applied to a new road/street as
laid down in the city survey or development plan or prescribed road lines
by any act of law and measured at right angles to the course or intended
course of direction of such road.
(106)“Row Housing” means a row of contiguous houses with only front,
rear and interior open spaces.
(107)“Room Height” means the vertical distance measured from the
finished floor level to the finished ceiling.
(108)“Rule” means the Orissa Development Authorities Rules, 1983.
(109)“Schedule” means a Schedule appended to these regulations.
(110)“Section” means section of the Act.
(111)“Semi-Detached Building” means building detached on three sides
(front, rear and side) with open spaces as specified under the Regulations.
(112)“Set back” means the distance between the plinth lines of the
building and the boundary of the plot.
(113)“Setback line” means a line usually parallel to the plot boundaries
and laid down in each case by the Authority beyond which nothing can be
constructed towards the plot boundaries and shall not apply to slums taken
up under an approved programme of the Government subject to the
specific sanction of the Government., and subject to the conditions that
there will not be more than 25 plots in one cluster, and the area of each plot
in the cluster shall not exceed 25 sq. m.
(114)“Settlement” means a human settlement, whether urban or rural in
character. It includes habited villages, towns, townships, cities and the
areas notified under the control of the Authority.
(115)“Site” means a parcel or piece of land enclosed by definite
boundaries.
(116)“Site with Double Frontage” means a site having frontage on two
streets other than corner plot.ഊ14
(117)“Service Floor” means floor in hotel or commercial building above
ground floor in case of more than four storied buildings.
(118)“Service Lane” means a lane provided at rear or side of a plot for
service purposes.
(119)“Service Road” means a road/ lane provided at the front, rear or side
of a plot for service purpose.
(120)“Side Depth” means horizontal distance between the front and rear
side boundaries.
(121)“Smoke Stop Door” means a door for preventing or checking the
spread of smoke from one area to another.
(122)“Stilt floor” means a floor supported by pillars with all four sides
open to be used for parking, switch room, generator room, society room &
information room with minimum height of 2.4 meter.
(123)“Storage Space” means a space where goods of non-hazardous
nature are stored and includes cold storage and banking safe vaults.
(124)“Store Room” means a room used as storage.
(125)“Spiral Staircase” means a staircase forming continuous winding
curve round a central point or axis provided in a open space having tread
without risers.
(126)“Storey” means the space between the surface of any floor and the
surface of the floor next above it, or if there be no floor above it then the
space between any floor and the ceiling next above it, but shall not include
a mezzanine floor;
(127)“Supervisor” means a person having Diploma in Architectural
Assistantship/ Diploma in Civil Engineering/ equivalent qualification.
(128)“Tenements” means room or rooms in the occupation of , or meant
for the occupation of one tenement;
(129)“To abut” means to abut on a road so that any portion of the building
is on the road boundary;
(130)“To erect” a building means:
A. to erect new building on any site whether previously built upon or
not;
B. to re-erect any building of which portions above the plinth level
have been pulled down or destroyedഊ15
(131)“Unsafe Building” means buildings which are structurally and
constructionally unsafe, or in-sanitary, or do not provide adequate means of
egress, or which constitute fire hazard, or are otherwise dangerous to
human life or property, or which in relation to existing use constitute a
hazard to safety/health/public welfare by reason of inadequate
maintenance, dilapidation or abandonment.
(132)“Unauthorized Construction” means the erection or re-erection,
addition or alternation which is not approved or sanctioned by the
Authority.
(133)“Underground/Overhead Tank” means an underground/ overhead
water tank, constructed or placed to store water.
(134)“Verandah” means space with at least one side open to the outside
with the exception of one-meter parapet on the upper floors to be provided
on the open side.
(135)“Ventilation” means the supply of outside air into a building through
window or other openings due to wind out side and convection effects
arising from temperature, or vapour pressure differences (or both) between
inside and outside of the building.
(136)“Water Closet’/ W.C.” means a privy with arrangement for flushing
the pan with water but does not include a bath room;
(137)“Watercourse” means a natural channel or an artificial channel
formed by draining or diversion of a natural channel meant for carrying
storm and wastewater.
(138)“Window” means an opening to the outside other than a door, which
provides all or part of the required light or ventilation, or both to an interior
space.
(139)“Zoning Regulations” means Regulations or Plans governing land
use in any development plan or forming part of a development plan in
operation;
(2) Words and expressions used in these regulations, but not defined,
shall have the same meaning as respectively assigned to them in the
Act/Rules and the National Building Code of India, 2005 amended from
time to time.ഊ16
PART - II
ADMINISTRATION
3. Subject to the provisions of the Act, these regulations shall apply:
(1) to the planning, design and construction of building in case of erection
a building:
(2) to all parts of the building whether removed or not , and in case of
removal of whole or any part of the building;
(3) to the remaining part of the building after demolition and work
involved in demolition in case of demolition of whole or any part of a
building;
(4) to the whole building whether existing or new building (except only to
that part of the building, which is consistent with these Regulations) in case
of alteration of a building;
(5) to all parts of the building affected by the change in case of change of
occupancy of a building; and
(6) to use of any land or building where sub-division of land is undertaken
or use of land or building is changed.
4. (1) The construction of any building in respect of which permission has
been issued before coming into force of these regulations, shall, so far as it
is not inconsistent with the provisions of these regulations regarding
provision of public utility services, and construction in heritage zone,
continue to be validly made and the said permission shall be deemed to
have been issued under the corresponding provisions of these regulations.
(2) Where any building has been constructed without an approved plan or
with deviation of an approved plan, the provisions of these Regulations
shall be insisted upon.
5. (1) Any person who intends to erect, re-erect or make additions or
alterations in any building or demolish any building shall apply to the
Authority in Form-I (Part-I). Based on this, the Authority may prescribe
separate formats for different categories of buildings and group housing:
Applicability
Deemed
permission
Applicationഊ17
(2) Such application shall be accompanied by the following documents.
Four copies of plans either computer prints, plain paper copies or ammonia
prints, duly signed by the persons who have prepared them and the owner /
applicant, showing:
i. Key plan: A key plan drawn to a scale of not less than 1:10,000
shall be submitted along with the application for
development/building permit showing the boundary and location of
the site with respect to neighborhood landmarks. The minimum
dimension of the key plan shall be not less than 75 mm.
ii. Site plan: The site plan with the application for permit shall be
drawn to a scale of not less than 1:200 for site up to 1000 sq. mtr.,
1: 500 for a site up to 1 hectare and 1:1000 for site more than 1
hectare and shall show;
a. the boundaries of the site and of any contiguous land;
b. the position of the site in relation to neighboring streets;
c. the name of the streets in which the building is proposed to be
situated, if any;
d. all existing buildings standing on, over or under the site
including service lines;
e. the position of the building and of all other buildings(if any)
which the applicant intends to erect upon his contiguous land
referred to in (a) in relation to;
1) the boundaries of the site and in case where the site has been
partitioned the boundaries of the portion owned by the
applicant and also of the portions owned by others;
2) all adjacent streets, buildings(with no. of storey and height)
and premises within a distance of 15 m. of the site and of
the contiguous land (if any) referred to in (a.); and
3) if there is no street within a distance of 15 m. of the site, the
nearest existing street
f. 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(a);
g. space to be left about the building to secure free circulation of
air, admission of light and access for scavenging purposes;ഊ18
h. the width of the street (if any) in front and of the street (if any)
at the side / rear or near the buildings ;
i. the direction of north point relative to the plan of the building;
j. any physical features, such as well, drains, etc. and
k. such other particular as may be specified by the Authority.
iii. Subdivision/ layout plan: In case of development work, the notice
shall be accompanied by the sub division/layout plan which shall be
drawn on a scale or not less than 1:500 containing the following;
a. scale and north point;
b. the location of all proposed and existing roads with their
existing /proposed/prescribed widths within the land;
c. dimensions of the plot along with building lines showing the
setbacks with dimensions within each plot;
d. the location of drains, sewers, public facilities and services, and
electrical lines etc.;
e. table indicating size, area and use of all the plots in the sub
division/layout plan;
f. statement indicating the total area of the site, area utilized
under roads, open spaces for parks, playgrounds, recreation
space and development plan reservations, schools, shopping and
other public spaces along with their percentage with reference
to the total area of the site proposed to be subdivided; and
g. in case of plots which are subdivided in built up areas in
addition to the above, the means of access to the subdivision
from existing streets.
iv. Building Plan and details: The plans of the buildings and
elevations and sections accompanying the notice shall be drawn to a
scale of 1:100. The plans and details shall;
a. include floor plans of all floors together with the covered area
clearly indicating the size and spacing of all framing members
and sizes of rooms and the position of staircases, ramps and lift
wells;
b. show the use or occupancy of all parts of the buildings;
c. show exact location of essential services, for example, WC,
sink, bath and the like;ഊ19
d. Include at least one elevation from the front showing height of
building and rooms and also the height of parapet;
e. Include at least one section through the staircase;
f. Include the structural arrangements with appropriate sections
showing type/arrangements of footings, foundations, basement
walls; structural load bearing walls, columns and beams, and
shear walls; and arrangement/spacing of framing members,
floor slabs and roof slabs with the material used for the same;
g. show all street elevations;
h. give dimension of the projected portions beyond the permissible
building line;
i. include terrace plan indicating the drainage and slope of the
roof; and
j. give indications of the north point relative to the plan.
k. statement and calculation sheets with regard to the plot area,
floor wise details of spaces under various categories like
apartments or office spaces, lobby circulation, staircase, lift,
mezzanine , balconies and details of such area which are to be
exempted from calculation of floor area ratio, and;
v. Building Plan for Multi-storied/special buildings: For all
multistoried buildings which are 15 m. or more in height and for
special buildings like educational, assembly, institutional,
industrial, storage and hazardous and mixed occupancies with any
of the aforesaid occupancies having covered area more than 500 sq.
m.
The following additional information shall be furnished/indicated in
the building plan in addition to the items given in (iv) as applicable:
a. Access to fire appliances/vehicles with details of vehicular
turning circle and clear motorable access way around the
buildings;
b. Size(width) of main and alternative staircases along with
balcony approach, corridor, ventilated lobby approach;
c. Location and details of lift enclosures;
d. Location and size of fire lift;
e. Smoke stop lobby/door, where provided ;ഊ20
f. Refuse chutes, refuse chamber, service duct, etc;
g. Vehicular parking space;
h. Refuse area, if any;
i. Details of building services- Air-conditioning system with
position of fire dampers, mechanical ventilation system,
electrical services, boilers, gas pipes, etc;
j. Detail of exits including provision of ramps, etc, for hospitals
and special risk buildings/uses ;
k. Location of generator, transformer and switch gear room;
l. Smoke exhauster system, if any;
m. Details of fire alarm system network;
n. Location of centralized control, connecting all fire alarm
systems built-in–fire protection arrangements and public
address system, etc;
o. Location and dimension of static water storage tank and pump
room along with fire service inlets for mobile pump and water
storage tank;
p. Location and details of fixed fire protection installations, such
as sprinklers, wet risers, hose-reels, drenchers, etc; and
q. Location and details of first-aid fire fighting equipments/
installations.
r. longitudinal cross section of the building including size of
footings, basement and super structure framing members and
details of building and room heights and of staircase
vi. Services plans: The services plan shall include all details of
building and plumbing services, and also plans, elevations and
sections of private water supply, sewage disposal system and rain
water harvesting system.
vii. Land Scape Plan: The land scape plan shall include the area to
be developed as lawn, garden, plantation etc.
viii. Specifications: Specifications, both general and detailed, giving
type and grade of materials to be used duly signed by the registered
architect, engineer, structural engineer shall accompany the notice.ഊ21
(3) Certificates/Clearances:
(i) In case the applicant is a trust, group of persons, partnership or a
company, a registered agreement between the holder of the right, title and
interest and the applicant, valid under the Transfer of Properties Act, 1982
and Copies of the Agreement/ Article of Association/ Memorandum/ Bye-laws.
(ii) No Objection Certificate from the Orissa State Housing Board /
Bhubaneswar Development Authority, for the additional constructions, in
case the house is delivered by the Board / Authority.
(iii) Necessary environmental clearance wherever applicable.
(iv) For all buildings with a height of 15.0 meters and above, NOC from
Fire Service shall be submitted.
(v) NOC from Airport Authority of India shall be furnished where ever
applicable.
(vi) In case of building more than 30 meters height, the Structural plan and
the structural design shall have to be vetted by any State Resource Centre
identified by Orissa State Disaster Management Authority or any reputed
technical institution identified by the Authority.
(vii) Structural stability certificate in the prescribed Form-VII signed by the
engineer /structural engineer and the owner jointly shall be furnished.
(viii) Supervision certificate in Form-I (part-II) shall be furnished by the
registered architect/ engineer/structural engineer/ supervisor/ town planner
undertaking the supervision.
(ix) A check list in Form-I (Part-III) shall be furnished by the
empanelled/registered technical person.
(4) Plans shall be shown as specified below. Where items of work are not
identified, the coloring notation used shall be indexed.
TABLE-1: COLOURING NOTATION OF THE PLAN
Sl.
No.
Item Computer Plots / plain
paper copies/ ammonia
prints
1. Plot lines Thick Block
2. Existing Street Green
3. Permissible building line Thick Dotted Black
4. Existing work (Outline) Black
5. Work Proposed to be
demolished
Yellow Hatched
6. Proposed
(a) Additions and Alterations Red filled inഊ22
(b) Entirely New work Not to be colored
7. Drainage Red Dotted
8. Water Supply Black Dotted Thin
6. The Authority shall levy the following fees:
(1) Every application for permission for building operation or development
shall be accompanied by a Scrutiny fee as specified in clause 18 of the
ODA Rules, 1983.
(2) In the event of approval, the applicant shall deposit a sanction fee as
decided by the Authority from time to time.
(3) Fees towards premium FAR as decided by the Authority from time to
time.
(4) Fees for retention of structures for temporary period as decided by the
Authority from time to time.
(5) Fees for change of occupancy as decided by the Authority from time to
time.
(6) Fees for change of land use as decided by the Authority from time to
time.
7. (1) The applicant shall deposit a refundable non earning security deposit at
the rate of Rs.100/- per sq. m. of floor area for the following categories of
buildings, namely:
A. Group housing / apartment buildings
B. Commercial buildings having 300 sq.m. or more of floor area.
However the applicant shall have the option of paying security deposit in
the form of Bank Guarantee.
(2) The security deposits shall be refunded within 60 days from the date on
which completion certificate is produced. If the construction / development
are not as per approved plan, this deposit shall be forfeited and separate
action will be initiated against the builder / developer as per the provisions
of the Act.
(3) The security deposit will be refunded with 2% interest if the building is
constructed / development is carried out as per the approved plan/ lay out.
8.(1) All the plans shall be prepared and duly signed by a
registered/empanelled technical person (viz., Architect, Engineer,
Structural Engineer, Town Planner, Supervisor) and Builder who shall
Fees
Security
deposit
Plansഊ23
indicate their names, addresses, registration numbers on the body of the
plan and in all other relevant documents. The plans shall also be signed by
the concerned owner of the land.
(2) All plans, drawings, statements, design details shall bear the signature
of the applicant and shall be duly countersigned by an empanelled
Architect/Technical person. All documents and plans related to structural
designs shall bear the full name and full signature of a Structural Engineer.
Plans and documents related to sanitary arrangements shall bear the full
name and full signature of a Public Health Engineer.
Note: 1. The Empanelled Architect who has prepared the plan shall put the
empanelment number/COA Registration No. and seal on all plans
and documents signed by him and shall also furnish a certificate to
the effect that he shall supervise the construction of the building
and shall be responsible for any deviation from the approved plan
except if the owner/Architect/Technical person intimates that their
agreement has been terminated.
2. The Empanelled Structural Engineer, who has prepared the
structural design, shall put his seal, and address on all the
documents signed by him and shall also furnish a certificate to the
effect that he shall supervise the structural part of the construction
and shall be responsible for any structural failure except caused by
unprecedented natural calamities in Form-VII and except if the
owner intimates that his services have been terminated.
3. All aspects related to structural design, building surface,
plumbing, electrical installation, sanitary arrangements, fire
protection shall adhere to the specification, standards and code of
practice recommended in the National Building Code of India,
2005 and any breach thereof shall be deemed to be a breach of the
requirements under these Regulations
(3) The technical personnel and builder as specified in sub-regulation (1) &
(2) above shall have to be registered/empanelled with the Authority. Their
qualifications and competence shall be as per Annexure I.
(4) No plans for construction of apartment building, group housing and
commercial building shall be entertained unless the builder is registered by
the Authority in accordance with the competence as specified in the
Annexure I. However for plots less than 500 sq.mtr of area, registration of
builder is not mandatory.
(5) When it comes to the notice of the Planning Member, Engineer
Member, any Member of the Authority, or any other person that a plan
signed by technical personnel or builder referred to under sub-regulation
(1),& (2) is in violation of the norms of this regulation he shall bring this to
the notice of the Authority.ഊ24
(6) The Authority shall issue a notice asking for a show cause within
fifteen days as to why such technical personnel or builder shall not be
disqualified/ black listed. After receipt of the show cause if any, the
matter shall be placed before the Authority for a decision on such
disqualification/ black listing. The decision of the Authority on
disqualification/black listing shall be published in the notice Board of the
Authority and in the Govt. Website.
(7) An appeal against an order under sub-clause (6) above shall lie under
section 18 of the Act.
9. (1) No permission shall be required for the works specified in clause-12.4.1,
Part-2 of National Building Code -2005 and section-15 of the Act.
(2) All clarifications with respect to deficiency in the plan, documents will
be sought for from the applicant within reasonable time.
(3) Once the plan has been scrutinized and objections have been pointed
out, the applicant shall modify the plan to comply with the objections
raised and re-submit it. The Authority shall scrutinize the re-submitted plan
and if there will be further objections, the plan shall be rejected.
(4) The Authority shall communicate either approval in Form-II or refusal
in Form-IX within 60 days from date of receipt of application under
Regulation-5.
(5) If the Authority, does not communicate its decision either granting or
refusing permission to the applicant within 60 days from the date of receipt
of the application by the Authority, the applicant shall draw the attention of
the Vice-Chairman of the Authority with regard to his application, by
registered post in Form-III. The Planning Member shall within the fifteen
days from the date of receipt of notice in Form-III place the details of the
case before the Vice-Chairman.
(6) If, within a further period of one month from the date of receipt of the
application drawing such attention as mentioned in sub regulation (5)
above, the Authority does not communicate its decision, either granting or
refusing permission, such permission shall be deemed to have been granted
to the applicant on the date following the date of expiry of the three months
period.
(7)For stilt+3 and above building, conditional permission shall be
accorded directing the builder to develop the onsite and off site
infrastructure like connectivity of sewerage, drainage,water supply, road
etc. as per the specification of the local Authority. Only after receipt of the
NOC from the local Authority commencement of work order for
construction of main building shall be given by BDA.
Permissionഊ25
(8) A residential building may be constructed by the owner of the land
without prior approval of the plan by the Authority if the following
conditions are satisfied:
A. If the layout has been approved by the Authority under section 16 of
the Act; or the land has been allotted by the Authority/General
Administration Department.
B. The road, drainage, sewerage and other infrastructure have been
developed as per the approved layout.
C. The plot size is not more than 300 square meters.
D. The coverage is not more than 60 percent,
E. The height is not more than 10 meters,
F. No basement/stilt is to be constructed,
G. The plan has been approved by a Registered Architect / Engineer
empanelled with the Authority as defined under regulation 8 above,
H. An application in Form-XII is submitted to the Authority, by
Registered post with a copy of the plan, and the Record of Rights, 60
days prior to commencement of construction; and
I. All other conditions of the regulations;
Note:
(a) If the planning Member does not raise any objection within sixty
days, permission shall be deemed to have been granted u/s 16 of the
Act.
(b) The owner shall have to submit a copy of the completion
certificate as required under section 20 of the Act.
(c) The owner and the builder shall remain responsible for any
violation of the norms prescribed under the Regulations. Nothing in
this provision will enable the owner and the builder to violate any of
the provisions of the Regulations.
(d) Detail guidelines in this regard shall be framed by the Authority
from time to time.
10. A register in Form-IV containing the necessary particulars including
information as to the manner in which applications for permission have
been dealt with by the Authority shall be maintained.
11. Every permission granted under these regulations shall remain valid up to
three years. However the permission shall have to be revalidated before the
Maintenance
of Register
Duration of
Permissionഊ26
expiry of the above period on payment of such fee as may be prescribed
under rules and such revalidation shall be valid for one year.
12. (1) If the Authority finds at any stage that the construction is not being
carried on according to the sanctioned plan or is in violation of any of the
provisions of these regulations, it shall notify the owner and no further
construction shall be allowed until necessary corrections in the plan are
made and the corrected plan is approved.
(2) If the owner fails to comply with the requirements at any stage of
construction, the Authority may cancel the building permission issued and
shall cause notice of such cancellation to be pasted upon the said
construction. If the owner is not traceable at the address given in the notice,
pasting of such notice shall be considered as sufficient notification of
cancellation to the owner thereof. No further work shall be undertaken or
permitted upon such construction until a valid building permission is
issued thereafter.
(3) The notification under sub-regulation (2) shall also be published in as
public notice.
(4) The Authority will also be at liberty to forfeit whole or part of the
security deposit obtained from the builder/ developer during sanction of the
plan.
(5) The above mentioned procedure shall also be followed in case of
deviation of the layout.
(6) An appeal against an order under sub-regulation (2) & (4) above shall
lie under section 18 of the Act.
13. (1) Whereas tests of any material are made to ensure conformity of the
requirements of these regulations, records of the tests data shall be kept
available for inspection during the construction of building and for such
period thereafter as required by the Authority.
(2)The persons to whom a permit is issued during construction shall keep
pasted in a conspicuous place on the property in respect of which the
permit was issued;
A. a copy of the building permit; and
B. a copy of approved drawings and specifications
14. (1) As a matter of course all construction or work for which a permit is
required shall be subject to inspection by the Authority at all reasonable
hours with prior intimation.
f the Act. eviation during
Information
at the site of
construction
Construction
not according
to plan
Inspectionഊ27
(2) Inspection, where required, shall be made within seven days following
the receipt of notice in Form-V or Form-VIII, after which period the owner
will be free to go ahead with the construction according to the approved
plan. At the first inspection, the Authority shall determine that the building
construction has been taken up in accordance with approved site plans.
15. (1) The Authority shall permit an empanelled Architect/ Engineer to certify
completion of building and issue of occupancy certificate for residential
buildings designed by self or otherwise on a plot size up to 300 sq.mtrs.
The responsibility of compliance with respect to provisions of these
regulat