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5.1 REQUIREMENTS OF SITE FOR DEVELOPMENT:
5.1.1No piece of land shall be used as a site for the construction of a building:
(i) If the Competent Authority considers that the site is insanitary for any reason, including it being filled up with carcasses, excreta, filth or offensive matter.
(ii) If the site is close to the edge of the existing or proposed water course/ body and the building line is proposed within 9 m. from its edge. However, the Competent Authority may allow development and construction on a site in close proximity of a minor water course/ water body on fulfillment of conditions as may be specified by it.
(iii)If the site is not drained properly. However, such a site may be allowed for development after the owner has made arrangements like restricting or diverting the water course to an alignment and cross section as suggested by the Competent Authority, to drain out the site adequately. Once such a protection work has been constructed by the applicant at his cost to the satisfaction of the Competent Authority, it may also allow the reduction of the reservation for such water course to the extent of the cross section inclusive of a suitable means of access to the alignment and allow construction of a building at a distance of 5 m. from the edge of restricted water way.
(iv) If the owner of the building has not shown to the satisfaction of the Competent Authority that all the measures required for safeguarding the construction from constantly getting damp are taken.
(v)If no potable water supply is available till the date of grant of C.C.
(vi) If it is within 30 m. from a burial ground or cremation shed and residential development is proposed thereupon.
5.2 MEANS OF ACCESS:
5.2.1Every plot shall be accessible through a paved public means of access like street/road or layout road. Plots which do not abut a public street/road or layout road shall be made accessible through a private means of access to which the plot owner has a legitimate right.
Such a means of access serving plot upto 500 sq.m. shall not be less than 3.0 m. in width with a length not more than 30 m. from a public street/road or layout road. However, in the case of larger plot, width of such means of access shall be consistent with the internal road to which it connects.
5.2.2In the case of housing scheme for LIG/EWS of society with upto two storeyed raw houses, the means of access may be of 3 m. width but this shall not be more than 50 meters in length and shall not serve more than8 plots on either side of such an access.
5.2.3 In the case of plots used for industrial purpose, such means of access shall not be less than 9.0 m. in width.
5.2.4No building shall be erected so as to deprive any other building of its means of access.
5.3Minimum Plot Size for various uses / activities
The minimum plot areas required for taking up different types of development, alongwith minimum dimensions thereof shall be as per Appendix XI.
5.4 Narrow Plots:
Narrow plots are those, which are existing prior to the date of enforcement of these Regulations and have an average width or depth upto 12 m.. The development of such plots shall be permitted as per Sr. No. 3.0 and Note (I) below table at Sr.No.2.1.8 of Appendix XII.
5.5SUB-DIVISION/LAYOUT OF LAND :
5.5.1Circumstances warranting preparation of a layout or sub-division :
Proposals for sub-division/ amalgamation of lands or layouts of lands shall be submitted in the following cases:
a) When more than one building is proposed to be constructed on any land, excepting for accessory buildings, the owner of the land shall submit proposal for proper layout of buildings or sub-division of his entire land.
b)When the land under the proposal gets naturally sub-divided due to existing or proposed D.P. roads/ D.P. reservations or physical barriers.
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c) When development and redevelopment of any tract of land includes division and / or sub-division or amalgamation of plots for various land uses.
d)When land under development admeasures 1000 sq.m. or more in a residential or commercial zone.
5.5.2 Minimum widths of layout roads/streets/pathways shall be as given in the tables below.
TABLE - 4
WIDTH OF PATHWAY AND ROADS IN LAYOUTS FOR OTHER THAN INdustrial USES
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Length of internal road/ Pathway in m.
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Category
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Minimum width in m. for other than G-zone
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Minimum width in m. for G-zone
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Up to 30
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Pathways or Approach to building/plots
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3.0
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3.0
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Above 30 and upto 75
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Other Pathways
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4.5
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4.5
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Above 75 and upto 150
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Road
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6.0
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4.5
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Above 150 and upto 300
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Road
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9.0
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6.0
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Above 300
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Road
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12.0
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9.0
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TABLE – 5
WIdTH OF ROADS IN INDUSTRIAL LAYOUTS
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Length of internal road/ Approach road in m.
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Minimum width in m.
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Upto 100
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9.0
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Above 100 and upto 300
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12.0
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Above 300
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15.0
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5.5.2.1 Layout road shall be levelled and paved, sewered, drained, channeled, lighted, laid with water supply line and provided with trees for shade to the satisfaction of the Competent Authority.
5.5.2.2 the development is only on one side of layout road, excluding pathway, width of such road prescribed in Table 4 and 5 may be reduced by 1.0 m.
5.5.2.3 At junctions of layout roads the intersection shall be rounded off, with the tangent length from the point of inter-section to the curve being half the road width across the direction of the tangent.
5.5.2.4In any layout a cul-de-sac shall be permitted at the end of the internal road, having length upto 150 m. The dead end of such cul-de-sac shall be at a level equal to or higher than the main road level from where the cul-de-sac road takes off. The turning space, in each case, shall not be of less than 81 sq.m. and no dimension shall be less than 9 m.
5.5.2.5 In the interest of general development of any area, the Competent Authority may require the layout roads to have width larger than that required under these Regulations.
5.5.2.6 The layout road proposed for development shall be clear of marginal open spaces of the adjoining existing structures.
5.5.3RECREATIONAL OPEN SPACES
5.5.3.1In any land, layout or sub division of land intended for residential or commercial use and having net plot area admeasuring more than 1000 sq. m. recreational open spaces shall be provided as prescribed below:
i)Area above 1000 sq.m. and up to 4000 sqm10 per cent of the net plot area
ii)Area above 4000 sq.m. 15 per cent of the net plot area
(Modified as per M-8)
5.5.3.2In the case of lands, layouts, sub-division of lands intended for industrial use such open space shall be provided at the rate of 10% of the net plot area where net plot area under layout or subdivision exceeds 8000 sq.m. This shall also serve as general parking space.
5.5.3.3Such open space shall as far as possible be provided in one place. However, in the case of layouts exceeding 10000 sq. m .in net area the required open spaces may be located in more than one place provided that at least one such open space shall not be less than 800 sqm. in area. The minimum dimension of such recreational space shall in no case be less than 7.5 m. and if the average width of such recreational space is less than 24 m. then the length thereof shall not exceed two and half times the average width.
5.5.3.4 Such open space shall abut a layout road/path way / public road or shall be directly accessible to all the buildings or plots proposed in a layout.
Access through a marginal open space shall be allowed.
(Modified as per M-9)
5.5.3.5i) In residential and commercial layouts, ground floor structures to be used for sports and recreational activities, gymnasiums, clubs, creches, religious and community uses, meditation etc. can be constructed in such recreational open spaces with a built up area not exceeding 10% of the area of the open space in which they are located, provided that such open space shall admeasure not less than 800 sq.m.
ii) In industrial layouts such open space shall be used only for recreational activities and for parking of vehicles. When this open space exceeds 1500 sq.m. the excess area may be used for construction of buildings for banks, canteens, welfare centres, offices, creches and for any other purpose considered necessary for industrial development by the Competent Authority. Built up area of such constructions shall not exceed 10% of the total recreational open space with ground and one upper floor.
5.5.3.6 The maximum height of the structures mentioned in (i) and (ii) of the Regulation No. 5.5.3.5 shall not exceed 4.2 m. and 8.0 m. respectively. Swimming pool, skating rinks and other paved areas, without any structure, shall be permitted in such a recreational open space and shall not be counted towards the built-up area, provided the total ground coverage for such spaces as well as other structures does not exceed 20% of the area of the open space in which the same is located.
5.5.3.7 Excepting the area covered by the structures permitted, entire area of the recreational space shall be kept permanently open to sky. All facilities in the recreational area shall necessarily be accessible to all owners and occupants of the layout.
5.5.3.8 The ownership of such structure and other appurtenant users and the open space shall vest, in all the owners or their society ‘
5.5.3.9 The proposal for construction of such structures shall come from the owner/owners/society or federation of societies. Such proposal shall be meant for the beneficial use of the owner/ owners/ society/ societies/ federation of societies.
5.5.3.10 Such structures shall not be used for any other purpose except as provided in Regulation No. 5.5.3.5 for which a security deposit as decided by the Competent Authority will have to be paid to it.
5.5.4 COMMON facility centres (cfc) :
In any layout or sub-division of land intended for residential or commercial use where net plot area exceeds 4000 sq.m., 5%of the net plot area shall be designated/reserved as common facility center (CFC). In the case of lands or layouts proposed for development of industries such CFC will be required if the net plot area exceeds 8000 sq.m. Provided that where land under layout to the extent of 5 % or more is under the Development Plan reservations (excluding reservations of roads and of public housing ) such C.F.C. shall not be insisted. Where land under such reservations is less than 5 % of the layout, then such C.F.C shall be insisted only for the balance area deficient of 5 %.
(This proviso is added by Govt. and is excluded from sanction as EP-2)
5.5.4.1 The activities permissible in the common facility centre are as follows:
a) Any utility such as water storage reservoirs
b) Educational use.
c) Health related use,
d) Markets and convenience shops
e) Social facility including post office, police station, telephone exchange etc.
f) Public parking.
g) Any other utility/ amenity/ public conveniences, as may be
decided by the Competent Authority.
5.5.4.2Such CFC plots shall be situated as far as possible at one location and shall have access from the DP road/ internal road and shall not be sub-divided. In case the CFC plot is distributed at more than one location then the minimum area of CFC plot shall be 200 sqm.
5.5.4.3With the approval of the Competent Authority the owner may develop and maintain the CFC plot for any of the uses mentioned in Regulation No. 5.5.4.1 The same shall be kept open to the public.
5.5.4.4 The Competent Authority may allot the surrendered CFC plot to an appropriate authority like Municipal Council, Registered society (other than housing society), Charitable Trust, Public Authority etc, on such terms and conditions as may be decided by it for development and/or maintenance of any activity listed in Regulation No.5.5.4.1
5.5.4.5 In case of industrial layout/sub-division, the CFC plots of upto 1500 sq.m. area provided as per above provisions shall serve as general parking space unless otherwise specified by the Competent Authority. When it exceeds 1500 sq.m., the excess area may be used for construction of buildings for banks, canteens, and welfare centers, offices of industry associations/federations, crèches and other common purposes considered necessary for industrial development with prior approval of the Competent Authority.
5.6 ACCESS FROM HIGHWAYS/MAJOR ROADS:
No development of any sort including highway amenities like petrol pumps, motels, service garages, etc. shall be permitted fronting the National/State Highways unless no objection certificate in writing from the P.W.D. is produced by the applicant for taking access from such highways.
5.7 ACCESS TO SPECIAL BUILDINGS:
5.7.1The width of the street on which a special building abuts shall not be less than 12 metres.
5.7.2 Main entrance to the plot shall be of adequate width to allow easy access to the fire engine and in no case it shall be less than 6 metres. The entrance gate shall fold/slide back against the compound wall of the premises, thus leaving the exterior access within the plot free for movement of fire service vehicles. If main entrance has a construction of any type (like arch etc.) the minimum vertical clearance shall be 6.0 m.
5.7.3The approach to special buildings within marginal open spaces shall have minimum width of 4.5 m. and the layout for the same shall be prepared in consultation with the Chief Fire Officer. The approach shall be of hard surface capable of taking the weight of fire engine, weighing upto 18 tones. The said open space shall be kept free of obstructions and shall be motorable.
5.8 DISTANCE FROM RAILWAY CORRIDOR:
In the case of properties falling within 30m from the railway boundary no new construction or reconstruction of an existing building shall be allowed, within a distance
a) equal to one third of the height of the building/wing or
b) 3m, or
c) as may be approved by the Competent Authority of Railways,
whichever is more.
5.9DISTANCE OF BUILDING FROM ELECTRIC LINES:
No portion of a building including any projection of building shall be erected or re-erected or any additions or alterations made to a building on a site within the distance quoted below in accordance with the Indian Electricity Rules in force from any overhead electric supply line.
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